Privacy Policy

Number: P-L00-003 rev.3

Effective date: May 10, 2021

Last reviewed on: July 18, 2023

Dires, LLC DBA Personal Comfort Bed or Personal Comfort® (”Company” or “We”) respects your privacy and are committed to protecting it through our compliance with this policy. This privacy policy statement applies only to the information collected online at PersonalComfortBed.com or directly by representatives of Personal Comfort.This policy describes the types of information we may collect from you or that you may provide when you visit the website www.personalcomfortbed.com, use our Personal Comfort App, use our Personal Comfort Retailer App or provide to us directly in person or over the phone. This policy also describes our practices for collecting, using, maintaining, protecting, and disclosing that information. In this Privacy Policy, we use the term "Website" to mean our website, the Personal Comfort App available in the Apple App Store and Google Play and the Personal Comfort Retailer App that we make available to certain retailers. For your convenience, our Website may contain links to other sites. Personal Comfort is not responsible for the privacy practices or the content of such websites

Our Website is not intended for children under 16 years of age. No one under age 16 may provide any information to or on the Website. We do not knowingly collect personal information from children under 16 on our Website. If you are under 16, do not use or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at privacy@personalcomfortbed.com

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

COLLECTION AND USE OF INFORMATION

1. Information We Collect About You and How We Collect It

For each visitor to our Website, our web server automatically recognizes non-personally identifiable information only, e.g., the IP address, domain type, browser version, and service provider. Persons who supply us with their address, telephone number and/or e-mail on-line may be contacted by us with information regarding inquiries, orders they have placed on-line or other operational information. We also store information volunteered by you that you provide to us when you register or update your account, enter a contest, participate in a survey, shop online, fill out a form or make a purchase. When you purchase a product, we may also collect social security number or driver's license number.

USE OF SERVICE PROVIDERS:

We contract with service providers to serve ads on our behalf across the Internet. Service providers, including Facebook, Google, Bing, YouTube, Pinterest, Twitter, Google Play, and the Apple App Store may use cookies, web beacons, and other storage technologies to collect or receive information from your websites and elsewhere on the internet and use that information to provide measurement services and target ads. They may also use information about your visits to this and other websites to target advertisements for goods and services. This anonymous information is collected through the use of a pixel tag, which is industry standard technology used by most major websites. No personally identifiable information is collected or used in this process. They do not know the name, phone number, address, e-mail address or any personally identifying information about the user. Users can opt-out of the collection and use of information for ad targeting where a user can access a mechanism for exercising such choice (e.g., providing links to: http://www.aboutads.info/choices and http://www.youronlinechoices.eu/). This de-identified information is shared across partner networks such as Google's partner network and Bing's partner network including Yahoo and AOL. You may opt-out of Google Analytics collection by downloading the browser plugin “Google Analytics Opt-out Browser Add-on” here. Some service providers offer settings or tags to ensure that our use of their services does not constitute a "sale" for purposes of the CCPA. Google's Ad service, for example, uses a setting called Restricted Data Processing for this purpose. Where we have knowledge that a service provider offers a setting for CCPA compliance, we will implement that setting when you make a request to opt-out of sharing your personal information. See How to Submit an Opt-out Request Below. We also share your name, phone number and email with our retail partners when you click on our store locator on the Website and fill out the “request an appointment” webform or when you request an appointment over the phone. If you opt-out of information sharing with third parties, we will be unable to share your personal information with our retailers. You may select the option to opt out of sharing except with our retailers on the Consumer Request Form located at the Do Not Sell My Personal Information link on the Website.

USE OF COOKIES:

We use cookies placed on your computer's hard drive through your Web browser to enable our systems to recognize your browser during your visit to our site and when you return to our site. For instance, when you are ready to purchase an item, a cookie allows our site to "remember" you have added the item to your shopping cart. We can also show you merchandise based on your preferences and provide you with a more personalized shopping experience. We also allow the third parties described above to place cookies that track your behavior across websites so that you receive advertisements based on your interests. See Use of Service Providers above for information on how to disable such cookies.

2. How We Use And Disclose Your Information

We use the information we collect about you to improve the content of our Website, process orders, respond to your inquiries to help provide you with a more personalized shopping experience. We may also use the information we collect occasionally to notify you about important functionality changes to the Website or new Personal Comfort services and special offers we think you'll find valuable. By using our Website, you consent to the collection and use of this information by Personal Comfort. Personal Comfort reserves the right to share information collected hereunder with its own affiliates. When you provide information as an employee or job applicant, we use that information to work with you as an employee, administer benefits and conduct hiring.

We may store the e-mail addresses of those who communicate with us via e-mail and add you to our mailing list when you sign up to receive special promotions and updates. By electing to receive e-mails from us, we are able to send you exclusive information and special offers which you may otherwise not learn about. Follow the removal instructions located at the bottom of these e-mails to cease receiving them. Requesting removal will not prevent you from receiving e-mail communications relating to any online order you place with us.

We use service providers and other third parties to help us provide services to you including such things as fulfilling orders, processing payments, monitoring site activity, conducting surveys, maintaining our database, administering e-mails, administering drawings or contests and to provide aggregate, comparative information on the performance of our site to us and a select group. When you request an appointment time by clicking on the store locator tab and the request an appointment web form or you request an appointment over the phone, we share your information (email, name, phone number and requested appointment time) with our retail partners via email. Information will be shared with these third parties only to the extent necessary to provide these.

Personal Comfort may use certain companies that enable you to establish a membership to participate in customer reviews, digital wallets, payment services or rewards programs. If you elect to do so, we would only disclose to such companies the information necessary to make their programs work and support your membership with them. We are not responsible for the privacy practices of the companies sponsoring these membership programs and we suggest you review the individual privacy policies of each company with whom you establish a membership.

Personal Comfort does not currently sell, trade or rent your personal information, including e-mail addresses, to others although we may choose to do so in the future with trustworthy third parties who agree to abide by applicable terms similar to this privacy policy. You can tell us not to do so by contacting us as indicated below in the Accessing and Correcting Your Information section. If you use more than one e-mail address to shop with us, please send this message from each e-mail account you use.

We use IP Address, referring URL, operating system, web browser, web pages visited and time spent on each page in order to provide relevant online advertisements, retarget advertisements, engage in debugging and analytics and create server logs.

Personal Comfort reserves the right to disclose personal information as obligated by law, in response to duly authorized legal process, governmental requests and as necessary to protect the rights and interests of Personal Comfort. In addition, we follow Payment Card Industry Data Security Standard (PCI DSS) protocols, aka PCI Compliance. PCI Compliance is a set of requirements designed to ensure that when processing customer's information we store or transmit credit card information through a secure environment.

ACCESSING AND CORRECTING YOUR INFORMATION:

You may update or modify your contact information and user preferences by logging into "My Account". You may also send us an email at privacy@personalcomfortbed.com to request access to, correct or delete any personal information that you have provided to us. We may not be able to delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Your Nevada Privacy Rights:

Nevada law (SB 220), permits customers in Nevada to opt-out of the sale of certain kinds of personal information. A sale under Nevada law is the transfer of this personal information to third parties for monetary consideration so these third parties can then re-sell or license the sold information. Personal ComfortTM does not sell your personal information to third parties as defined in Nevada law. If you are a Nevada resident and wish to opt-out of the sale of your personal information should we change our practices in the future, you must send a request by e-mail at privacy@personalcomfortbed.com. Make sure to state that you are a Nevada resident.

Your California Privacy Rights:

California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to or write us: privacy@personalcomfortbed.com or you may contact us via regular mail at:

Personal Comfort
Attn: Privacy Policy
PO Box 276
Ellis, KS 67637

Make sure to state that you are a California Resident.

 

DO NOT TRACK:

Do Not Track (DNT) is a privacy preference that users can set in their web browsers. While the United States Federal Trade Commission has endorsed DNT, our Website does not support DNT codes. However, except in the case of analytics cookies, remarketing and other features of Google Display Advertising described above, our Website limits tracking to the internal uses described above. Except in the case of analytics cookies, remarketing and other features of Google Display Advertising described above, our Website does not track your use across multiple websites, however, other websites to which we link may. Please review their privacy policies to understand how you may be tracked.

California Consumer Privacy Act

This Privacy Notice for California Residents supplements the information contained in above in our general privacy policy and applies solely to all visitors, users, and others who reside in the State of California.

YOUR RIGHTS:

The California Consumer Privacy Act ("CCPA") grants State of California residents the following rights, to:

  1. Know what personal information is being collected about them;
  2. Know whether their personal information is sold or disclosed and to whom;
  3. Say no to the sale of their personal information;
  4. Access their personal information;
  5. Have their personal information deleted; and
  6. Have the right to equal service and price, even if they exercise their privacy rights under this law.

CATEGORIES OF PERSONAL INFORMATION WE COLLECT:

We collect information that identifies you, your household or your device or is reasonably capable of being connected with or linked to you, your household, or your device ("Personal Information"). Personal information does not include public information available from government records, de-identified or aggregated information or information that is protected by certain laws such as HIPAA for health related information and the Gramm-Leach Bliley Act (GLBA) for certain financial information.

We collect the following categories of Personal Information:

Identifiers

  • First and last name
  • Email address
  • Screen name or username
  • Private password
  • Mailing address
  • Shipping address
  • Phone number
  • Company
  • Internet Protocol (IP) Address
  • Social security number
  • Driver's license number
  • Passport number

Personal Information Listed in the California Customer Records Statute

  • The above identifiers
  • Credit card number, expiration date and verification number

Characteristics of Protected Classifications

  • Not collected

Commercial Information

  • Transaction information
  • Personal or professional interests
  • Experiences with the products and services we provide
  • Warranty information
  • Survey responses
  • Weight, height, single or dual sleeper preferences, sleeping position and sleep setting.
  • Your requested in store appointment time

Biometric Information

  • We do not collect biometric information on our website, however, when you use the Personal Comfort App, your phone may collect biometric information such as thumb print or face scan to identify you.

Internet or Other Electronic Network Activity Information

  • Cookies
  • Domain name
  • Browser type
  • Operating system
  • Usage data

Geolocation Data

  • Information that tells us from where you access our website and use our Personal Comfort App and Personal Comfort Retailer App

Sensory Data

  • Not collected

Professional or Employment-Related Information

  • Related to our employees and job applicants we collect name, social security number signature, address, telephone number, passport number, driver's license or state ID, insurance, education, employment, résumé, employment history, bank account number, medical information, health insurance information

Non-public Education Information

  • Not collected

Inferences Drawn from Other Personal Information

  • Preferences for Personal Comfort products of interest to you

CATEGORIES OF SOURCES OF PERSONAL INFORMATION:

We collect information from the following categories of sources:

  • Directly from you. For example when you register for as a user in your shopping cart, login as a guest, or submit information using the Contact link, Store locator/appointment request or Chat function or another online form on our website. For job applicants when you provide information to us when applying for a job or using our employee on-boarding processes.
  • From our financing service providers, currently Synchrony Financial and Vive, when you sign up for financing to make a purchase.
  • Through third party services such as Amazon Seller Central, Ebay and PayPal used to process product orders. For job applicants we collect certain identifiers and employment related information from recruiters and companies that we use to perform background checks.

HOW WE SHARE YOUR PERSONAL INFORMATION:

We share information in each of the above categories as follows:

All categories of information

  • We will share information in all of the above categories if our company is sold or we engage in a merger or other such transaction.
  • We will share information in all of the above categories of information in connection with a law enforcement request that is compliant with the California Electronic Communications Privacy Act.

Identifiers

  • We share identifiers with service providers who use that information only to provide services to us such as website development and operating, sending postal mail or email, communicating with you about offers from Personal Comfort and our marketing partners, analyzing website use, authorizing and processing payments, processing requests for financing, shipping and delivering products, and processing data.
  • We share identifiers with our marketing and retail store partners who may have products of services of interest to you.
  • We share identifiers with certain companies that enable you to establish a membership to participate in customer reviews, digital wallets, payment services or rewards programs.

Personal Information Listed in the California Customer Records Statute

  • We share this information with service providers for payment services, payment processing and financing services.

Internet or Other Electronic Network Activity Information

  • We share this information with our data analytics providers

HOW WE USE AND DISCLOSE YOUR INFORMATION:

See "How We Use and Disclose Your Information" above to learn how we use your information. We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

HOW WE RETAIN AND STORE YOUR PERSONAL INFORMATION:

We retain your personal information for as long as necessary to fulfill the purpose(s) for which we collected it and to comply with applicable laws. We use reasonable security precautions to protect your information while in storage including Payment Card Industry Data Security Standard protocols described above for payment transactions.

REQUESTS TO KNOW:

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  •    sales, identifying the personal information categories that each category of recipient purchased; and
  •    disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

REQUESTS TO DELETE:

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  1. Complete the transaction for which we collected the personal information, provide a service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise performing our contract with you. This includes fulfilling a shipping transaction or request, processing an overcharge claim, and processing a cargo claim.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug online services to identify and repair errors that impair existing intended functionality.
  4. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  5. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  6. Comply with a legal obligation.
  7. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

HOW TO SUBMIT A REQUEST TO KNOW OR A REQUEST TO DELETE:

To request this information please submit a verifiable consumer request to us by either: by email: privacy@personalcomfortbed.com or phone: 1-888-351-3190.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. To designate an authorized agent, email us at email: privacy@personalcomfortbed.com and we will provide you with a form to make a designated agent request.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. To make a request, you must:

If you have a registered Personal Comfort account:

  • Log into your Personal Comfort account and use our authentication process to verify your identity.
  • Complete and submit the CCPA Consumer Request Form (if a form is not yet available when you log in, email us and we will provide you with a form)
  • Describe your request with sufficient detail that allows us to understand, evaluate and respond to it.

If you login as a guest:

  • Call or email us to receive a CCPA Consumer Request Form
  • Complete the CCPA Consumer Request Form
  • Provide sufficient information that allows us to reasonably verify that you are the person about whom we collected personal information or that you are an authorized representative
  •    If you request the categories of information we collect, we require your first and last name and your email address.
  •    If you request the specific information or to have your information deleted, we require your first and last name, email address and information about your two most recent transactions with us.
  • Describe your request with sufficient detail that allows us to understand, evaluate and respond to it.

If you make a request by clicking the “Do Not Sell My Personal Information” link and complete the CCPA Consumer Request Form, your request will be acknowledged via an email response with a link to confirm your request. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

We will try to respond to your request within forty-five (45) days of when we receive it. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, specifically by electronic mail communication.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

An amendment to the CCPA provides an exemption to the Right to Know and Right to Delete for personal information between a business and a person who is acting as an employee, director, officer, or contractor of a company, partnership, sole proprietorship, nonprofit, or government where the information is used in the context of a business transaction and about a person when they are applying for a job or acting as an employee. These exemptions are currently set to expire on January 1, 2023. Until that date, we will not respond to requests to know or delete that meet these exemptions. Information collected via the Personal Comfort Retailer App is subject to this exception. Personal Information about employees and job applicants is protected as shared with such individuals in the Personal Comfort Employee Privacy Notice.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS:

Personal Comfort is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”).  By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below.  This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program.  By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us.  While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”).  Message and data rates may apply.

User Opt Out:  If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program.  You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out.  You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify:  If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number.  You understand and agree that your agreement to do so is a material part of these terms and conditions.  You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number.  This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at privacy@personalcomfortbed.com.  Please note that the use of this email address is not an acceptable method of opting out of the program.  Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements:  You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction:  You may not use of engage with the Platform if you are under thirteen (13) years of age.  If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so.  By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction.  By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
  • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
  • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
  • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and EngageMessage or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Kansas City, MO before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which [COMPANY NAME]’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

HOW TO SUBMIT AN OPT-OUT REQUEST:

We do not sell your information to third parties for money. We do provide your information to third parties for marketing purposes as described above and you may opt-out of that sharing.

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link:

Do Not Sell My Personal Information

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sharing with third parties. However, you may change your mind and opt back in to personal information sharing with third parties at any time by submitting a request to us in the same manner, and at the same link, used above for an opt out request but select the “opt in” option on the form:

OPT-IN Form

We will only use personal information provided in an opt-out request to review and comply with the request. We will act upon your opt-out request within 15 days of receipt.

NON-DESCRIMINATION:

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

SECURITY STATEMENT:

Our site only accepts orders from Web browsers that permit communication through Secure Socket Layer (SSL) technology, which encrypts information you input. This means you should not be able to inadvertently place an order through an unsecured connection. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer. While we implement the above security measures on this site, you should be aware that 100% security is not always possible.

CONTACT INFORMATION:

To ask questions or comment about this privacy policy and our privacy practices, contact us at: by email: privacy@personalcomfortbed.com or phone: 1-888-351-3190 or by mail to:

Personal Comfort
Attn: Privacy Policy
PO Box 276
Ellis, KS 67637

We participate in the Better Business Bureau's BBBOnLine Program. This means that we have committed to cooperating with BBB efforts to resolve disputes that may arise under this contract. Upon your request, we will agree to participate in a BBB dispute resolution process to resolve these disputes. There are limits as to the kinds of claims that the BBB will handle -- call the BBB for more information.

CHANGES TO OUR PRIVACY POLICY:

If we decide to change our privacy policy, we will post those changes on this page so you are always aware of what information we collect, how we use it and under what circumstances we disclose it.

Last updated: January 5, 2024

The policy was updated to include new contact phone number, updated the CCPA b2b and employee exemption timeline, job applicant information and updated to include information on sharing to retail partners. This brief summary should not affect your interpretation of it. Please read the Privacy Policy carefully. Your continued use of the Website constitutes your acceptance of the updated Privacy Policy.