Effective Date of Current Policy: January 21, 2022
“Personal Information” means information that alone or when in combination with other information may be used to readily identify, contact, or locate you, such as: name, address, email address, or phone number. We do not consider Personal Information to include information that has been anonymized so that it does not allow a third party to easily identify a specific individual.
When you visit www.birchliving.com
The Site Collects Your Information.
We collect Personal Information when you register to use the Site or other Services; use the Site or other Services; and communicate with us. We also collect information, such as anonymous usage statistics, by using cookies, server logs, and other similar technology as you use the Site.
Personal Information Collection. When you purchase a Product, you are given the option to register with the Site. If you do not register, you may checkout as a guest. In any event, when you purchase a Product, you must provide us with Personal Information, such as your name, email address, shipping address, and billing address. You may also be prompted to give us information such as your email address on the site without purchasing a Product. In addition, you may also provide, among other things, your height, weight, body shape match, age bracket, gender, sleeping preferences and sleeping pains/allergies.
Using the Site. We collect information you post through the Site and other Services, email or other communication. For example, when you interact with other users by posting a review, the Site will collect the information you provide in such submissions, including any Personal Information.
Making Payments. When you make payments through the Site, you may need to provide Personal Information to our third-party payment service provider, Shopify Payments, such as your credit card number. Additionally if you choose to use a financing option, another third-party payment service provider, Klarna, Affirm or Zibby, may ask for Personal Information. And if you choose to use another one of our third-party payment options such as Amazon Pay or PayPal, they may ask for Personal Information. For more information on the terms and privacy policies of these third-party payment service providers, please visit their websites directly.
Customer Support. We may collect Personal Information through your communications with our customer-support team. This includes phone calls, live chats, email, and social media.
Cookies, Automatic Data Collection, and Related Technologies. The Site collects and stores information that is generated automatically as you use it, including your preferences and anonymous usage statistics. You should assume that the Site can and will collect and store your on-site behavior such as pages viewed, clicks, etc in additional to information you provide directly.
When you visit the Site, we and our third-party service providers receive and record information on our server logs from your browser, including your IP address, and from cookies and similar technology. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Site may not work properly.
By using the Site and Services, you are authorizing us to gather, parse, and retain data related to the provision of the Site and Services.
By using our website, you (the visitor) agree to allow third parties to process your IP address, in order to determine your location for the purpose of currency conversion. You also agree to have that currency stored in a session cookie in your browser (a temporary cookie which gets automatically removed when you close your browser). We do this in order for the selected currency to remain selected and consistent when browsing our website so that the prices can convert to your (the visitor) local currency.
Opt-Out. As noted above, you may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt out of certain mobile ads via their device settings.
The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp
. You can also choose not to be included in Google Analytics by contacting us.
To be clear, whether you are using our opt-out or an online industry opt-out, these cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted out on your computer browser, that opt-out will not be effective on your mobile device. You must separately opt out on each device. We hold no liability in the event that you opt-out incorrectly or a dispute arises.
Please note that we do not respond to or honor “do not track” (a/k/a/ DNT) signals or similar mechanisms transmitted by web browsers.
How Birch Uses Your Information.
We use Personal Information to facilitate and improve our services, communicate with you and for marketing purposes.
Internal and Service-Related Usage. We may use and retain any data we collect, including Personal Information and non-personally identifiable information, and share it with third party business partners, to provide and improve our products and services, including the Products we sell and the features, functionality and usability of the Site. Additionally, we may share your data between various businesses operated and owned by Brooklyn Bedding, LLC.
Communications. We may send email to the email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance.
Marketing. We may use information, including Personal Information, to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you (e.g., sharing information with a third-party mattress review site with which we may partner who may seek to communicate with you in an effort to improve our products and services). This includes from other businesses owned and operated by Brooklyn Bedding, LLC.
Aggregate Data. We may anonymize and aggregate data collected through the Site and use it for any purpose.
Birch May Disclose Your Information.
We may share your information with our third-party service providers; to comply with legal obligations; and to protect and defend our rights and property.
Displaying to Other Users. The content you post to the Site, email, or other communication may be displayed on the Site. Other users of the Site may be able to see some information about you, such as your name if you submit a review. We are not responsible for privacy practices of the other users who will view and use the posted information.
Marketing. We may allow access to other data collected by the Site to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you (e.g., sharing information with a third-party mattress review site with which we may partner who may seek to communicate with you in an effort to improve our products and services).
As Required By Law and Similar Disclosures. We may access, preserve, and disclose your Personal Information, other account information, and content if we believe doing so is required or appropriate to comply with law enforcement requests and legal process, such as a court order or subpoena; respond to your requests; or protect yours’, ours’ or others’ rights, property, or safety.
Security of Your Information.
By using the Site or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site. If we learn of a security system breach, we may attempt to notify you electronically by posting a notice on the Site or sending an e-mail to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at [email protected]
We do not knowingly collect information from children under 13 and we do not want it. We will take steps to delete it if we learn we have collected it.
We do not knowingly collect, maintain, or use Personal Information from children under 13 years of age, and no part of the Site is directed to children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us at [email protected]
. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.
By using the Site, you will transfer data to the United States.
If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information you consent to any transfer and processing in accordance with this Policy.
Update your Information or Pose a Question or Suggestion.
30 Irving Place
New York, NY 10003
Notice to California Residents
Last Update: June 23, 2020
This Notice to California Residents (“CCPA Notice”), provided by d/b/a Birch Living ("Birch", "we", or "us") pursuant to the California Consumer Privacy Act (“CCPA”), applies to natural persons who reside in the State of California (“consumers” or “you”), that visit our website available at https://birchliving.com/
, or the CCPA, as applicable.
Information We Collect
Categories of Personal Information. Birch has or may have collected and/or received the Categories of Personal Information identified below (with examples) from or about consumers, their households or devices, within the twelve (12) months preceding the Last Update of this CCPA Notice (“Last Update”). Personal Information does not include (i) publicly available information from government records; (ii) deidentified or aggregated Personal Information; or (iii) information excluded from the CCPA including information regulated by certain sector-specific data protection laws including the Health Insurance Portability and Accountability Act of 1996, the California Confidentiality of Medical Information Act, the Gramm-Leach-Bliley Act of 1999, and the California Financial Information Privacy Act.
- Identifiers. A real name, postal address, online identifier, IP address, email address.
- Categories of Personal Information Listed in Cal. Civ. Code § 1798.80(e)). A name, signature, physical characteristics or description, address, telephone numberbank account number, or any other financial information. Some Personal Information included in this category may overlap with other categories.
- Protected classification characteristics under California or federal law. Age (40 years or older) and gender.
- Commercial Information. Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
- Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
- Geolocation data.
- Inferences. Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences and characteristics.
Categories of Sources. We collect the Categories of Personal Information listed above from the following Categories of Sources: (i) directly from consumers (e.g., forms, surveys, responses, or other direct interactions from or with consumers), (ii) indirectly from consumers (e.g., consumer activity online, interactions with our Site and other sites), and (iii) advertising networks.
Categories of Recipients. We may share your Personal Information with the following Categories of Third Party Recipients for Business Purposes:
- Service Providers, which include IT and cloud hosting companies, payment and financing providers, transactions reporting providers, customer relationship management, email marketing providers, social media networks, advertising service providers, analytics providers, shipping and distribution, fraud detection and preventions, promotions management, and providers of administrative services
Disclosures of Personal Information for a Business Purpose. In the twelve (12) months preceding the Last Update, we may have disclosed for a Business Purpose the Categories of Personal Information to the Categories of Third Parties set forth in Table I. In the twelve (12) months preceding the Last Update, we have not sold Personal Information.
Category of Personal Information | Categories of Recipients with Whom We Share this Personal Information:
Identifiers | Service Providers
Categories of Personal Information Listed in Cal. Civ. Code § 1798.80(e)). | Service Providers
Protected classification characteristics under California or federal law | Service Providers
Commercial Information | Service Providers
Internet Activity Information | Service Providers
Geolocation Data | Service Providers
Your Rights and Choices
The CCPA provides consumers with specific rights regarding their Personal Information. This section describes such rights and explains how to exercise them.
Right to Know About Personal Information. You have the right to request that we disclose certain information to you about our collection, disclosure, sale and use of your Personal Information. Once we receive and verify your request, we will disclose to you the following (to the extent applicable to your request):
- Specific pieces of Personal Information we collected about you in the preceding twelve (12) months (also known as a data portability request);
- Categories of Personal Information we collected about you in the preceding twelve (12) months;
- Categories of Sources from which the Personal Information was collected;
- Our Business Purpose for collecting that Personal Information; and
- Categories of Personal Information we disclosed for a Business Purpose and the Categories of Third Party Recipients to whom the Personal Information was disclosed.
Right to Request Deletion.
You have the right to request that we delete any of Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and verify your request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies. Exercising Rights to Know or Request Deletion.
To exercise the rights to know or request deletion described above, please submit a verifiable consumer request to us by submitting your request by email to [email protected]
You may only make a verifiable consumer request under the right to know twice within a 12-month period. The verifiable consumer request must: (i) provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative; and (ii) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. 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 related to you.
Verification Process. To submit a verifiable consumer request, the consumer may be required to provide up to three data points, which may include additional Personal Information, to enable us to verify the consumer’s identity with the degree of certainty required by the CCPA. We will use Personal Information provided in a verifiable consumer request solely for the purpose of verifying the requestor’s identity or authority to make the request. We or a third party on our behalf may follow up with you to determine whether a request is a verifiable consumer request under applicable law. If we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you, we will deny the consumer request in whole or in part and will not to disclose the information requested or, as applicable, will not delete the information requested. We will respond to any such consumer request with a denial, and will also explain why it has no reasonable method by which it can verify the identity of the requestor.
Response Timing and Format. We will confirm receipt of a verifiable consumer request within then (10) business days of its receipt. We will endeavor to respond to a verifiable consumer request within forty-five (45) calendar days of its receipt. If we require more time, we will notify you of the extension and provide an explanation of the reason for the extension in writing, and we will provide you with a response no later than ninety (90) calendar days of receipt of the request. We will deliver our written response by mail or electronically. 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. We may charge a reasonable fee to process or respond to your verifiable consumer requests if they are excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will inform you of the reasons for this decision and provide you with a cost estimate before completing your request.
Right to Opt-Out of the Sale of Personal Information. We do not sell the Personal Information of consumers (including minors under 16 years of age). However, if you are 16 years of age or older, you have the right, at any time, to direct us to not sell your Personal Information (the “right to opt-out”) and if you are under 16 years of age you have the right to opt-in to the sale of your Personal Information. In the twelve (12) months preceding the Last Update, we have not sold Personal Information.
Right to Non-Discrimination. We will not discriminate against you for exercising any of your CCPA rights. We will not (i) deny you products or services, (ii) charge you different prices or rates for products or services, including through granting discounts or other benefits, or imposing penalties (except for financial incentives permitted by the CCPA, see below), (iii) provide you a different level or quality of products or services, and (iv) suggest that you may receive a different price or rate for products or services or a different level or quality of products or services.
Right to Designate an Authorized Agent
If you submit a request to know or delete your Personal Information through the use of an authorized agent, we may require that you (i) provide the authorized agent written permission to act on your behalf, and (ii) verify their identity directly with us. We may deny a request from an authorized agent that does not submit proof of authorization.
Other California Privacy Rights
Pursuant to California’s “Shine the Light” law (Civil Code Section § 1798.83), California residents have the right to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes, including the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties.
To make such a request, please send an email to [email protected]
. Changes to Our CCPA Notice
This CCPA Notice is effective as of the date of the Last Update stated at the top of this CCPA Notice. We may change this CCPA Notice from time to time with or without notice to you. By visiting or accessing the Website, purchasing products or services from us, or otherwise engaging or interacting with us after we make any such changes to this CCPA Notice, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, and without prejudice to the foregoing, our use of your Personal Information is governed by the CCPA Notice in current effect. Please refer back to this CCPA Notice on a regular basis.
If you have any questions or comments about this notice, the ways in which we collect and use your information described below and in the CCPA Notice, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
30 Irving Place
New York, NY 10003