Last Updated: September 23, 2024

Brooklyn Bedding, LLC, its affiliates and subsidiaries (collectively, “we,” “us,” or “our”) have created this privacy policy (this “Privacy Policy”) because we know that you care about how information you provide to us is used and shared. This Privacy Policy describes our information collection and use practices in connection with all of the websites we own or control, including but not limited to the websites for brands we own or control (collectively, the “Websites” and each, a “Website”), services that are made available through the Websites (the “Services”), products that are made available for purchase through the Websites (“Products”), and when you otherwise interact with us in any way, including through live chat, email or other means.

By visiting any of our Websites, accessing and/or using our Services, and/or purchasing our Products, you are agreeing to the terms of this Privacy Policy and the accompanying Terms of Use.

Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms of Use.

I.        The Information We Collect and/or Receive

In the course of operating our Websites, providing the Services and the Product(s), and/or interacting with you, we will collect (and/or receive) the following types of information. You authorize us to collect and/or receive such information.

1.    Contact Information

When you contact us or our customer support team via the Website, email or by mail, when you call us, or when you sign up to receive our newsletter, you will be asked to provide certain information which may include your name, email address, and phone number (collectively, the “Contact Information”).

2.    Billing Information

In order to purchase or finance our Products and/or our Services, you will be required to provide certain additional information which may include a credit card number, expiration date, billing address, activation code, bank information, and similar information (“Billing Information”). Such Billing Information will be collected and processed by our third-party payment processor pursuant to the terms and conditions of their privacy policies and terms of use. We do not directly obtain, store or process any Billing Information.

3.    Order Information

When you purchase Products and/or Services through our Websites, we will also ask you to provide certain information, including but not limited to, the Products and Services you would like to purchase, your name, email address, shipping address, and billing address and zip code. We will refer to the information obtained under this section collectively as “Order Information”.

4.    Quiz Information

To assist you in finding a mattress right for you, you may take a mattress quiz on the Websites. The quizzes are completely optional and are not a condition of your purchase. The quizzes may ask you to provide, among other things, your name, email address, height, weight, body shape match, age, gender, sleeping preferences (e.g., sleeping position (back, side, stomach) and mattress feel preference (soft, medium, firm)) and sleeping pains/allergies (e.g., back pain/pain level when waking up, whether you get hot at night). We will refer to the information obtained under this section collectively as “Quiz Information”.

5.    Information you share during communications and interactions with us

We will receive the information you provide to us when you interact with us via phone, email, text message or chat. We may transcribe the content of such communications.

6.    Generalized Location Information based on IP Address

To provide access to the Websites and the Services while you are using an electronic device, we may automatically generalize your location by using your IP address .

7.    Information obtained automatically from your online activity

When you access or use the Websites, the Services and/or purchase Products, we use browser cookies, pixels, web beacons, and similar technologies (collectively, “Tracking Technologies”) to automatically collect or receive certain standard technical information, and other data (such as traffic data, usage data (including but not limited to, profiles viewed, matches made, features used, frequency and duration of the Websites and Services usage, and interactions with content on the Websites and the Services), location data, device information (including but not limited to, type of device, mobile device platform, operating system, browser type, screen resolution, IP address and other technical information), logs and other communications data) sent to us by your computer, mobile device, tablet, or any other device over time on our Websites and the Services, and your online activity across third party websites, apps, and devices. We may also evaluate your computer, mobile phone, or other access device to identify any malicious software or activity that may affect our Websites and the Services.

When you access or use the Websites and the Services, advertising companies, analytics networks and providers, and other third parties may use Tracking Technologies to collect information about your online activities over time and across different websites, apps, online services, digital properties and devices.

The data we or third parties collect automatically may include personal information and/or statistical data that may not identify you personally; however, we or third parties may maintain, combine, or associate it with personal information collected in other ways or received from third parties. We and/or third parties use this information to (i) enhance the performance and functionality of the Websites and the Services; (ii) personalize your experience with the Websites and the Services, understand how you use the Websites and the Services, maintain a persistent session, and improve and further develop the Websites and the Services; and (iii) serve targeted and other advertising, and provide custom experiences, across other sites, apps, online services, digital properties and devices, measure how the ads perform, and for analytics purposes.

The Tracking Technologies used on the Websites and the Services include the following, among others:

Cookies: Cookies are small packets of data that a website stores on your computer’s hard drive so that your computer will “remember” information about your visit. In addition to collecting information, we use cookies to help us authenticate users, provide content of interest to you, analyze which features you use most frequently, and measure and optimize advertising and promotional effectiveness. To do this, we may use both session cookies, which expire once you close your web browser, and persistent cookies, which stay on your computer until you delete them. For information on your choices regarding Cookies, please see Section IV of this Privacy Policy.

Local Storage Technologies: We may use local storage technologies, like HTML5, that provide cookie-equivalent functionality but can store larger amounts of data on your device outside of your browser in connection with specific applications.

Web Beacons: We use Web beacons, also known as pixel tags or clear GIFs, to demonstrate that a webpage or email address was accessed or opened, or that certain content was viewed or clicked.

Third Party Sites: When the Products are made available to you through third-party sites, please be aware that these other sites maintain their own policies regarding Tracking Technologies and the collection and use of information. You are responsible for reviewing those policies.

8.    Information obtained from third-party analytics services

We may use one or more third–party analytics services to evaluate your use of the Websites and the Services, compile reports on activity (based on their collection of IP addresses, Internet service provider, browser type, operating system and language, referring and exit pages and URLs, data and time, amount of time spent on particular pages, what sections of the Website you visit, number of links clicked while on the Website, search terms and other similar usage data), and analyze performance metrics. These third parties use cookies and other technologies to help analyze and provide us the data. By accessing and using any of the Website and/or the Services, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy. Please be advised that if you opt out of the processing of data about you by these analytics providers, you may not be able to use the full functionality of the Websites or the Services.

Below is a list of analytics providers that we use; however, such list may be subject to change based on how we wish to understand the user experience and we will endeavor to update it diligently. You may use the accompanying links to learn more about such providers and, if available, how to opt-out from their analytics collection.

For Google Analytics, please visit: https://www.google.com/analytics. To opt-out from the use of your information by Google Analytics, you may use Google Analytics’ opt-out browser add-on designed for this purpose.

For Heap, please visit: https://heap.io/

For Optimizely, please visit: https://www.optimizely.com/

9.    Information Collected by or Through Third-Party Advertising Companies

We may share information about you with third parties that we have selected and approved for ad distribution and ad optimization (defined as the tailoring, targeting (i.e., behavioral, contextual, and retargeting), analyzing, managing, reporting, and optimizing of ads). These third parties may use cookies, pixel tags (also called web beacons or clear gifs), and/or other technologies to collect information for such purposes. Pixel tags enable us and these third-party advertising companies to recognize a browser’s cookie when a browser visits the site on which the pixel tag is located in order to learn which advertisement brings a user to a given site. In addition, we may receive information from advertisers and/or their service providers such as advertising identifiers, IP addresses, and post-conversion data. You may choose to opt-out of this type of tracking and sharing of information at any time by selecting the specific partners you wish to exclude from this website http://www.aboutads.info/choices.

10.    Information Obtained From Other Sources

Acquired from Third Parties: We may receive information from third parties, including information related to you. We may combine your information with such acquired information and use it to improve your experience, personalize our Services and content, and/or for targeted advertising.

Inferences: We may collect or receive inferences, which are assumptions or extrapolations that have been drawn from your information to create a profile which may include your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

II.        How We Use and Share The Information

We may use and share your personal information as set forth below:

• To provide the Websites, the Services and the Products;
• To solicit your feedback, inform you about our Products and Services and those of our third-party marketing partners;
• To assist you in finding a Product right for you;
• To monitor, support, analyze, and improve the Websites, the Services, and the Products;
• To communicate with you regarding the Websites, the Services, and the Products that you purchase;
• To fulfill your requests for information regarding new or improved Products and Services;
• To engage in marketing, advertising, and tracking activities, and evaluate the efficacy of our efforts; provided that, where required under applicable law, we will obtain your prior opt-in consent to send electronic marketing communications and/or our newsletter;
• To engage research, project planning, troubleshooting problems, and detecting and protecting against error, fraud, or other criminal activity;
• To protect the safety and security of our Services, businesses and customers;
• To third-party contractors and service providers that provide services to us in the operation of our business and assist with the Websites, the Services and the Products, such as technical support for the Websites and the Services and services such as IT and cloud hosting, payment processing and financing, transactions reporting, customer relationship management, email marketing, advertising services, analytics services, shipping and distribution, name and address verification, marketing and order fulfillment, email distribution, market research, fraud detection and prevention, promotions management, and administrative services;
• To create and disclose aggregated, anonymous, user statistics and other information to (i) affiliates, agents, business partners, and other third parties; (ii) describe the Websites, Services and Products to current and prospective business partners; and (iii) other third parties for lawful purposes;
• To share some or all of your information with our parent company, subsidiaries, affiliates or other companies under common control with us; 
• To fulfill our legal and regulatory requirements;
• To comply with applicable law, such as to comply with a subpoena, or similar legal process, and when we believe that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
• To assess or complete a corporate sale, merger, reorganization, sale of assets, dissolution, investment, or similar corporate event where we expect that your personal information will be part of the transferred assets;
• To audit our internal processes for compliance with legal and contractual requirements or our internal policies;
• To prevent, identify, investigate, and deter fraudulent, harmful, unauthorized, unethical, or illegal activity, including cyberattacks and identity theft; and
• Otherwise, with your consent.

We will take commercially reasonable measures to require that any party receiving any of your personal information from us, including for purposes of providing the Websites, the Services and the Products, undertakes to: (i) retain and use such information only for the purposes set out in this Privacy Policy; (ii) not disclose your personal information except with your consent, as permitted by applicable law, or as permitted by this Privacy Policy; and (iii) generally protect the privacy of your personal information.

III.        Information Collected Through the Websites that is Not Covered by this Privacy Policy.

You may voluntarily post and share information including, but not limited to comments, and reviews through blogs, forums and other similar features available from time to time through the Websites. None of the information you provide through the use of these features is protected by this Privacy Policy, including any personal information. THIS PRIVACY POLICY DOES NOT APPLY TO ANY INFORMATION (INCLUDING PERSONAL INFORMATION) THAT YOU PROVIDE USING ANY SUCH FEATURES. ALL SUCH INFORMATION IS PUBLIC INFORMATION AND MAY BE VIEWED, COLLECTED, USED, MODIFIED AND/OR DISCLOSED FOR ANY PURPOSE BY US AND THE PUBLIC.

IV.    Consent to Receive Communications

You may decide to subscribe to our short code mobile message program (the “Program”) to receive calls or SMS/text messages from us. If you choose to opt-in and consent, such as by providing your telephone number to us and clicking submit online, we will collect information about your interactions with the SMS/text messages that we may send to you from time to time as part of the Program. To unsubscribe, reply STOP or following the instructions described in the message or call.

By providing your telephone number and clicking submit online, you agree to this Privacy Policy, the Terms and Conditions, and the Terms of Use, and authorize us to make or initiate calls, text messages and prerecorded voicemails to that phone number using an automated system or a prerecorded or artificial voice. Your agreement is not a condition of purchase. Message & data rates may apply, and message frequency may vary.

We do not sell information that we obtain from you through our Program, including personal information you submit to us online to consent and opt-in to the Program, and we do not share that information with non-affiliated third parties for any purpose other than to provide the services, and other information requested by you, or to fulfill our legal obligations.

V.        Your Choices

Update Information: If the personal information we have for you changes, you may correct, update, or delete it by contacting us as set forth in Section XIII of this Privacy Policy. You may correct, update, or delete some of their personal information directly in your account on the Websites and/or Services. We will use commercially reasonable efforts to process all such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our databases. Additionally, we will retain and use your information (or copies thereof) as necessary to comply with our legal and/or regulatory obligations, resolve disputes, and enforce our agreements.

Marketing Communications: You may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any of our marketing emails or by following the unsubscribe instructions described in any of our marketing text messages. Please note that you cannot opt out of receiving this does not impact transactional and administrative e-mails or text messages which you will continue to receive.”

Cookie Management: Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. Please note that if you set your browser to disable cookies or other Tracking Technologies, the Website and the Services may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit www.allaboutcookies.org.

You will need to apply these opt-out settings on each device from which you wish to opt-out. We cannot offer any assurances as to whether the companies we work with participate in the opt-out programs described above.

VI.        How We Protect the Information

We take commercially reasonable security measures so that your information is treated securely and is protected from loss, misuse, and unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in processing and the nature of such data, and in compliance with applicable laws and regulations. Unfortunately, the Internet is not 100% secure, and we cannot guarantee the security of any information you provide to us. In particular, e-mails sent to or from the Websites, and/or the Services may not be secure, and you should therefore take special care in deciding which information you send to us via e-mail or other electronic means. We do not accept liability for unintentional disclosure of your information.

VII.        Links to Third-Party Sites

The Websites and the Services may, from time to time, contain links to external websites. We encourage you to review the privacy and security policies of any externally linked websites that may be accessed through the Websites or the Services. We assume no responsibility or liability for the information collection and disclosure practices of any external websites that a user can access through the Websites or the Services. Please check the privacy policies of these external websites before you submit any personal information to them.

VIII.        Children’s Privacy

We do not knowingly collect, receive, maintain, or use personal information from children under 16 years of age, and no part of any of the Websites or the Services is directed to children under the age of 16. If you are under the age of 16, please do not provide any personal information through the Websites or the Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Privacy Policy by instructing their children to never provide any personal information on the Websites, the Services, or any other website without their permission. If you learn that your child has provided us with personal information without your consent, you may alert us at info@birchliving.com and we will endeavor to delete that information from our databases If we learn that we have collected any personal information from children under 16, we will promptly take steps to delete such information and terminate the child’s account.

IX.        DO NOT TRACK

As discussed above, third parties such as advertising networks and analytics providers may collect information about your online activities over time and across different websites when you access or use the Website or the Services. Currently, various browsers offer a “Do Not Track” option, but there is no standard for commercial websites. At this time, we do not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.

X.        Important Notice to All Non-U.S. Residents

Our Websites, Services and servers are located in the United States. If you are located outside of the United States, please be aware that your information, including your personal information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your country of origin. If you are located outside the United States and choose to use the Websites or the Services, or purchase Products, you consent to any transfer and processing of your personal information in accordance with this Privacy Policy, and you do so at your own risk. 

XI.        Notice to California Residents

If you are a resident of California, you may have additional rights regarding your personal information under the California Privacy Rights Act (the “CPRA”). Please review the CPRA Privacy Notice in Addendum I below.

XII.        Notice to Nevada Residents

If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal data to third parties. You can exercise this right by contacting us at info@birchliving.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note, however, that we do not sell personal data.

XIII.        Changes to Our Privacy Policy and Practices

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may revise this Privacy Policy from time to time, so review it periodically. We will post any changes to the Privacy Policy on the Websites and/or the Services, and the revised Privacy Policy will be effective when it is posted. By visiting any Website, accessing and/or using the Services, and/or purchasing our Products after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please refer back to this Privacy Policy on a regular basis.

XIV.        Contact Us

If you have any questions about this Privacy Policy or to report a privacy issue, please contact us in one of the following ways:

Email: info@birchliving.com 

Or write to us at:

5301 W Bethany Home Rd.

Glendale, AZ 85301