EFFECTIVE DATE: FEBRUARY 1, 2024
Welcome to the Resident Home, LLC. (“Resident”) websites, which include, but are not limited to Resident Home, Nectar Sleep, DreamCloud Sleep, Awara Sleep, Siena Sleep, Cloverlane, Sleep Authority, and Home Well Designed (together, the “Sites” or individually, the “Website”). Please review this Privacy Policy (the “Policy”) and our Terms of Use (“Terms”) carefully because they govern your access to and use of the Sites as well as any services (“Services”) we may provide you through the Sites. This Policy and these Terms form a contract between us.
By using any of our Services, you agree that any personal information that we collect from or about you through our Services will be handled as described in this Privacy Policy.
Your use of our Services, and any dispute over privacy, is subject to this Privacy Policy and any other applicable agreements between you and Resident, such as our Terms of Use, including any applicable limitations on damages and the resolution of disputes.
We collect personal information about you directly from you, from third parties, and automatically through your use of our Services. We may combine personal information collected from or about you from these various sources.
We may collect personal information about you directly from you. For example, if you register to become a member of Resident to receive discounts and promotional offers from the Resident family of brands, we will collect your email address. If you purchase a product or service, we will collect your name, billing and shipping address, email address, telephone number, and payment card information. We will also collect any other personal information that you provide to us through our Services even if you do not complete a transaction. For example, if you begin filling out a form, we collect the information you enter even if you do not click the submit button; if you chat with us through our Site, we will collect the contents of any messages you send us; if you elect to tell us how you sleep we will collect that information (e.g., side sleeper vs. stomach sleeper); if you sign up to receive emails from us, we will collect your email address; if you complete a survey on our Site, we will collect your responses to the survey, even if you do not complete or submit the survey; and if you enter a promotion, such as a sweepstakes or contest, that we sponsor, we will collect your name, email address, and other information necessary for your participation in the promotion.
We may also collect personal information about you from third parties. We may obtain information about you from other sources, including through third party services and organizations to supplement information provided by you. For example, if you access our Services through a third-party application, such as a social networking site, we may collect information about you from that third-party application that you have made public via your privacy settings. Information we collect through these services may include your name, your user identification number, your user name, email, profile picture, and your contacts stored in that service. This supplemental information allows us to verify information that you have provided to us and to enhance our ability to provide you with information about our business, products, and Services. In addition, if your friend refers you or purchases our Services on your behalf, then we may collect information such as your contact information, email and shipping addresses from your friend.
We automatically collect personal information about you through your use of our Services, including, without limitation your IP address, location, details about your browser, user settings, operating system and device, Internet service provider, cookie and other unique identifiers, domain name, the website that led you to our Services, the website to which you go after leaving our Services, the dates and times you access our Services, and the links you click and your other activities within the Services. Please see our Cookies and Other Tracking Mechanisms section below for more information. We may combine information we collect automatically with information we collect directly from you or from third parties.
Your browsing activity may be tracked across different websites and different devices or apps. For example, we may attempt to match your browsing activity on your mobile device with your browsing activity on your laptop. To do this our technology partners may share data, such as your browsing patterns, geo-location, and device identifiers, and will match the information of the browser and devices that appear to be used by the same person.
We invite you to post content on our Services, including your ratings, reviews, comments, and any other information that you would like to be available on our Services. We may use third party service providers to help collect this content. For example, we use Yotpo, among other service providers, to collect reviews of our products. If you post your review of our product on our site via Yotpo, we collect the information provided to us through your use of our Services. Policies for these sites may be found on their own websites. We also collect personal information from you, your friends and social followers if you become an affiliate, influencer, or collaborate with us to support our marketing campaigns on your social networks. If you post content, all the information that you post will be publicly available. If you post your own content on our Services, your posting, as well as your name, city/state, how many hours you sleep each night, and how you sleep, will be public, and Resident cannot prevent such information from being used in a manner that may violate this Privacy Policy, the law, or your personal privacy.
We may use your information, including personal information and user content, for the following purposes:
To provide and maintain the quality of our products and Services; to improve, upgrade or enhance our products and Services; to develop new features, products, or services; to market and advertise our products and Services; to perform security and technical operations, such as updating software and debugging to identify and repair errors that impair existing intended functionality; for other customer service and support purposes, and other uses you consent to, are notified of, or are disclosed when you provide personal information.
To communicate with you about your account and use of our Services, including to send you product updates; to respond to your inquiries; to provide you with news and newsletters, special offers, promotions, and other information we think may interest you; to perform audits related to interactions, transactions and other compliance activities; and for other informational, marketing, or promotional purposes. Our communications with you may include communications via email or phone. Please see our section regarding Your Choices for more information about how to change your communications preferences.
To analyze how you interact with our Services; to monitor and analyze usage and activity trends; to provide advertising and marketing services; for short-term, transient use, such as contextual customization of ads; and for other research, technological developments and demonstrations, analytical, and statistical purposes.
To protect the safety, rights, property, or security of Resident, the Services, any third party, or the general public; to detect, prevent, or otherwise address fraud, security, or technical issues; to prevent or stop activity which Resident, in its sole discretion, may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity; to use as evidence in collections or litigation; and to enforce this Privacy Policy or our Terms of Use.
To comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; to respond to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a governmental authority.
To administer promotions that we sponsor, such as sweepstakes or contests, including to communicate with you regarding your participation in the promotion, and to notify you in the event that you win a prize.
Our Services may offer various tools and functionalities. For example, we may allow you to provide information about your friends through our referral services. Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services.
We retain personal data for as long as is necessary to fulfill the transactions you have requested, for key business requirements such as marketing or for essential purposes such as complying with our legal obligations, resolving disputes and enforcing our agreements. The criteria we use for determining retention periods for different categories of personal data will vary but may include: how long we need to keep personal data to provide our Services and operate our business, for example, improving the performance of our Sites or maintaining appropriate financial or business records); the expectations of our customers, for example, our customers may expect that their registration details will be retained for a certain period should they choose to return to our Sites; whether we are subject to legal, regulatory or contractual obligations to retain the personal data, for example, mandatory retention requirements for tax reporting purposes.
We may disclose your information, including personal information and user content, as described to you at the time of collection or disclosure or as follows:
We may disclose your information to other Resident users and the general public if you post a review to our Site.
We may disclose your information to current or future affiliates or subsidiaries, including the Resident family of brands, for research, marketing, and other purposes consistent with this Privacy Policy.
We may disclose your information to our vendors, service providers, agents, or others who perform functions on our behalf. For example, we may disclose your information to third-party service providers to provide IT services, to sell or deliver products and Services, or to provide financing or process payments on our behalf.
We may disclose your information to third parties, including so that those third parties may deliver more relevant advertising to you.
We may disclose your information to another entity in connection with, including during negotiations of, an acquisition or merger, sale or transfer of a business unit or assets, a financing due diligence, bankruptcy proceeding, or as part of any other similar business transfer.
We may disclose your information to protect the safety, rights, property, or security of Resident, the Services, any third party, or the general public; to detect, prevent, or otherwise address fraud, security, or technical issues; to prevent or stop activity which Resident, in its sole discretion, may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity; to use as evidence in litigation; and to enforce this Privacy Policy, our Terms of Use, or the applicable official promotion rules for any promotion that we sponsor.
We may disclose your information to comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; in response to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a government official.
We may disclose aggregate, non-personally identifiable, or de-identified information about users for marketing, advertising, research, compliance, or other purposes.
We and our service providers use cookies and other tracking mechanisms to track personal information about your use of our Services. We or our service providers may combine this personal information with other information, including other personal information, that we collect about you. We work with third parties that collect information across various channels, including offline and online, for purposes of delivering more relevant advertising to you. These third parties may place or recognize a cookie on your computer, device, or directly in our emails/communications, and we may share personal information with them, such as your name, postal address, email address, or device ID. These third parties also may link the non-personal information we share with them to the cookie stored on your browser or device, and they may collect information such as your IP address, browser or operating system type and version, and demographic or inferred-interest information. They use this information to recognize you across different channels and platforms over time for advertising, analytics, attribution, and reporting purposes. For example, we or our service providers may place or recognize a cookie on your computer to help us remind you if you have items saved to your cart and you leave our site without completing a transaction. To learn more about interest-based advertising in general and to opt out, please visit https://www.aboutads.info/choices. To opt-out of the use of your mobile device ID for targeted advertising, please see https://www.aboutads.info/appchoices.
Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser. Some cookies allow us to make it easier for you to navigate our Services, while others are used to enable a faster log-in process or to allow us to track your activities while using our Services. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Services who disable cookies will be able to browse certain areas of the Services, but some features may not function (e.g., you may not be able to stay logged into your account).
Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (also referred to as web beacons, web bugs or pixel tags), in connection with our Services to, among other things, track the activities users of our Services, help us manage content, and compile statistics about usage of our Services. We and our third-party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
We may use third-party analytics companies, such as Google Analytics, to evaluate use of our Services. We or our service providers use these tools to help us understand use of, and to improve, our Services, performance, and user experiences. These entities may use cookies and other tracking technologies, such as web beacons or local storage objects (LSOs), to perform their services. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the Services by going to https://tools.google.com/dlpage/gaoptout.
We may use third parties such as network advertisers to serve advertisements on our Services and on third-party websites or other media (e.g., social networking platforms). This enables us and these third parties to target advertisements to you for products and services in which you might be interested. We may provide these third-party advertisers with information, including personal information, about you.
Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and your choices regarding having information used by DAA companies at www.aboutads.info.
Opting out from one or more companies listed on the DAA Consumer Choice Page will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Services or on other websites or applications. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out, your opt out may not be effective.
Please note you must separately opt out in each browser and on each device.
Our Services do not respond to Do Not Track signals. For more information about Do Not Track signals, please click here. You may, however, disable certain tracking as discussed in the Cookies and Other Tracking Mechanisms section above (e.g., by disabling cookies). You also may opt-out of targeted advertising by following the instructions in the Interest-Based Advertising section above.
Our Services may contain links to third-party websites and applications. Any access to and use of such linked websites and applications is not governed by this Privacy Policy but instead is governed by the privacy policies of those third parties. We are not responsible for the information practices of such third-party websites or applications.
Our Services may include publicly accessible blogs, forums, social media pages, and private messaging features. By using such Services, you assume the risk that the personal information provided by you may be viewed and used by third parties for any number of purposes. In addition, social media buttons such as Facebook, Instagram, Twitter, Pinterest and YouTube that might include widgets such as the “share this” button or other interactive mini-programs may be on our site. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. These social media features are either hosted by a third party or hosted directly on our site. Your interactions with these features apart from your visit to our site are governed by the privacy policy of the company providing it.
We may use third party APIs and software development kits (“SDKs”) as part of the functionality of our Services. APIs and SDKs may allow third parties including analytics and advertising partners to collect your personal information for various purposes including to provide analytics services and content that is more relevant to you. For more information about our use of APIs and SDKs, please contact us as set forth below.
We have taken steps to help protect the personal information we collect. However, no data security measures can guarantee 100% security. You should take steps to protect against unauthorized access to your device and account by, among other things, choosing a robust password that nobody else knows or can easily guess and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
If you are a resident of some countries or jurisdictions, you may have the right under certain circumstances:
– to be provided with a copy of your personal data held by us;
– to request the rectification or erasure of your personal data held by us;
– to request that we restrict the processing of your personal data;
– to object to the further processing of your personal data, including the right to object to marketing (as mentioned in ‘Our Promotional Updates and Communications’ section);
– to request that your provided personal data be moved to a third party; and,
– to exercise rights as a California resident (see below).
You may access, modify/correct, transfer, or delete the personal information that you have provided to us by logging into your account settings or emailing us at privacy@residenthome.com with what you would like updated. In addition, you may have the right in some cases to receive or have your electronic Personal Information transferred to another party. Please note that we may retain certain information about you as required by law or as permitted by law for legitimate business purposes. For example, if you request that we delete your information but we believe that you have violated our Terms of Use we may retain information about you in order to attempt to resolve the issue before deleting it.
Where the processing of your personal data by us is based on consent, you have the right to withdraw that consent without detriment at any time by contacting us at privacy@residenthome.com.
We may send periodic promotional emails to you. You may opt out of such communications by following the opt-out instructions contained in the email or emailing us at privacy@residenthome.com. Please note that it may take up to ten (10) business days for us to process opt-out requests. If you opt out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about your account or any Services you have requested or received from us.
You may have the right to request restriction of or object to the processing of your Personal Information including the right to opt in or opt out of the sale of your Personal Information to third parties, if applicable, where such requests are permitted by law.
We will process such requests in accordance with applicable laws. To protect your privacy, we will take steps to verify your identity before fulfilling your request.
This section of the Privacy Policy (this “Notice”) applies solely to visitors, users, and others who reside in the State of California regarding “personal information,” as defined in the California Consumer Privacy Act (“CCPA”). Any terms defined in the CCPA have the same meaning when used in this Notice.
Throughout this Policy, we discuss in detail the specific pieces of personal information and sensitive personal information we collect, the sources of that information, and how we use and disclose that information. Under the CCPA, we also have to provide you with the “categories” of personal information and sensitive personal information we collect and disclose for “business or commercial purposes” (as those terms are defined by the CCPA).
We collect the following categories of personal information:
– Identifiers, such as your name, address, email address, telephone number, and other contact information;
– Information covered by the California Customer Records Statute, such as your name, address, telephone number, and payment information;
– Commercial info, such as records of products you considered or purchased from us, records related to the sale and delivery of your purchases, and other information about your consuming and purchasing histories or tendencies;
– Internet and other electronic network activity information such as browsing history, search history and information regarding interactions with a website, application, or advertisement (see “Information We Collect Automatically Through Our Services” above for more detail);
– Geolocation information;
– Inferences based on the information above; and,
– Complete account credentials, such as username and password, which is considered “sensitive” under the CCPA.
We use and disclose these categories of personal information for the business purposes set forth in Section III of this Policy and Section XIII.D of this Policy. We disclose these categories of personal information to the types of entities and in the ways described in Section V of this Policy. How we use and disclose personal information may vary depending on the nature of the information and the context and purposes for which it is collected and used. We retain your personal information as described in Section IV of this Policy.
If you are a California resident, the CCPA may permit you to request that we:
– Provide you the categories of personal information we have collected or disclosed about you; the categories of sources of such information; the business or commercial purpose for collecting, “selling,” or “sharing” your personal information; the categories of third parties to whom we disclose or “sell,” or with whom we “share,” personal information; and the categories of personal information we “sell” or “share” (much of which is provided above).
– Provide access to and/or a copy of certain information we hold about you.
– Delete certain information we have about you.
– Correct inaccurate personal information that we maintain about you.
You may have the right to receive information about the financial incentives that we offer to you, if any. You also have the right to not be discriminated against (as provided for in applicable law) for exercising certain of your rights.
Certain information may be exempt from such requests under applicable law. For example, we need certain types of information so that we can provide the Services to you, and if you ask us to delete it, you may no longer be able to access or use the Services. To exercise your rights, you will be required to verify your identity, and we may request additional information from you to verify your identity. To exercise your rights, we encourage you to submit your data request through the form found here. Alternatively, you can contact us at privacy@residenthome.com or 1-888-863-2827.
You also have the right to opt out of “sales” and “sharing” of personal information. Please see below for more information on how to do this.
Please note that we also respond to and abide by opt-out preference signals sent through the Global Privacy Control. Any opt out preferences you have exercised through these methods will only apply to the specific device/browser on which you made them. For more information on how to use the Global Privacy Control, see www.globalprivacycontrol.org.
The CCPA also allows you to limit the use or disclosure of your “sensitive personal information” (as defined in the CCPA) if your “sensitive personal information” is used for certain purposes. Please note that we do not use or disclose “sensitive personal information” other than for purposes for which you cannot exercise the right to limit under the CCPA.
You can also designate an authorized agent to make a request on your behalf. To do so, you must provide us with written authorization or a power of attorney, signed by you, for the agent to act on your behalf. You will still need to verify your identity directly with us.
The CCPA sets forth certain obligations for businesses that “sell” or “share” personal information.
We may disclose your personal information to third parties for purposes of analytics and advertising. We provide information to analytics providers to better understand how consumers use the Services so we can improve the Services and create new products and services. We may also provide personal information to third-party advertising providers for targeted advertising purposes, so we can provide you with more relevant and tailored ads regarding our services. Under the CCPA, disclosing personal information to these third parties may be considered a “sale” of personal information or the “sharing” of personal information for purposes of “cross-context behavioral advertising.”
We do not knowingly “sell” or “share” the personal information of children under 16.
In the last 12 months, we have “sold” or “shared” the following categories of personal information to advertising and analytics providers: identifiers; commercial information; internet or other electronic network activity information; location information; and inferences.
You have the right to direct us to not sell or share your personal information. Where and when available, to exercise your right to opt-out you are encouraged to use the automated tool provided in our Services. The “Do Not Sell or Share My Personal Information” link can be found here and on our Sites.
We list the purposes for which we may use personal information in Section III of the Policy. The CCPA requires us to list the “business purposes” for which we use or disclose personal information. Without limiting the purposes for which we may use personal information as described in Section III of this Policy, we may use or disclose the personal information we collect for the following business purposes as set forth in the CCPA:
– auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards;
– helping to ensure security and integrity, such as to detect security incidents, resist malicious, deceptive, fraudulent, or illegal actions, and potentially prosecuting those responsible for such actions, and to ensure the physical safety of our users and other natural persons;
– debugging to identify and repair errors in our Services;
– short-term, transient uses, including but not limited to non-personalized advertising;
– performing our Services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, and processing payments;
– advertising and marketing services permitted under CCPA;
– internal research for technological development; and
– activities to verify or maintain the quality of safety of our Services, and improving, upgrading, and enhancing our Services.
The California “Shine the Light” law permits California residents that use our Sites to request and obtain a list of third-parties to whom we have disclosed those residents’ personal information (if any) for our direct marketing purposes. This list may be requested once a year (free of charge) and would include such disclosures for the prior calendar year, as well as the type of personal information disclosed to those third-parties. We do not disclose personal information to third-parties for their own marketing purposes, only to market our services on our behalf.
Residents of certain other U.S. states, such as Virginia, Colorado, and Connecticut, may have certain rights regarding their personal information or personal data, as defined in these states’ laws (collectively, “personal information”).
See Section XIII.A. above for more information regarding each category of personal information we process (including sensitive data (called “sensitive personal information” above)), the purposes for which we process this personal information, and the categories of entities to whom the personal information is disclosed.
See Section XIII.C. above for more information about the categories of personal information that are “sold” (as defined in applicable law) or used for “targeted advertising” (as defined in applicable law, defined as “sharing” by the CCPA). Please note that we do not engage in profiling that produces legal or similarly significant effects.
Your state law may permit you to request that we:
– Confirm whether or not we are processing your personal information and provide you with access such personal information;
– Correct inaccuracies in your personal information, taking into account the nature of the personal information and the purposes of the processing of the personal information;
– Delete your personal information;
– Provide you a copy of personal information that you previously provided to us in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another business, where our processing is carried out by automated means; and
– Opt you out of the processing of the personal information for purposes of targeted advertising, the sale of personal information, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you (as described below).
Certain information may be exempt from such requests under applicable law. For example, we need certain types of information so that we can provide the Services to you. If you ask us to delete it, you may no longer be able to access or use the Services.
To exercise these rights, you will be required to verify your identity, and we may request additional information from you to verify your identity. To exercise your rights, we encourage you to submit your data request through the form found here. Alternatively, you can contact us at privacy@residenthome.com or 1-888-863-2827.
You also have the right to opt out of the “sale” or processing of your personal information for purposes of “targeted advertising,” as defined in applicable law. See Section XIII.C. above for more information about the categories of personal information that are used for “targeted advertising” (also called “sharing” under the CCPA).
Applicable law may also permit you to appeal any denials of your rights requests; to do so, contact us at privacy@residenthome.com and describe in detail why you believe the denial was in error. Your description must include your full name and the email address used for your account with us, along with a copy of the denial notice you received from us.
You must be at least eighteen (18) years of age to use our Services. Our Services are not targeted to children and we do not knowingly collect personal information from children. If we discover that a child has provided us with personal information, we will promptly delete such personal information from our systems.
If you have questions about this Privacy Policy or the privacy aspects of our Services, please contact us at privacy@residenthome.com or 1-888-863-2827. Our physical address is: 100 Logistics Avenue, Jeffersonville, IN 47130. Please do not send returns of physical products to this location as they will not be accepted and will be sent back via the carrier.
This Privacy Policy is current as of the Effective Date set forth above. We may change this Privacy Policy from time to time, so please be sure to check back periodically. We will post any changes, including any material changes, to this Privacy Policy on our Site.