DREAMCLOUD SLEEP CANADA
PRIVACY POLICY
EFFECTIVE DATE: DECEMBER 12, 2022
Welcome to the Resident Home Canada ULC (“Resident”) websites, which include, but are not limited to Nectar Sleep Canada and DreamCloud Sleep Canada (together, the “Sites”). Please review this Privacy Policy (the “Policy”) and our Terms of Use (the “Terms”) carefully because they govern your access to and use of the Sites as well as any services (“Services”) we may provide to you through the Sites. Use of these Sites constitutes your acknowledgement of this Policy and acceptance of the Terms.
Any personal information collected 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 our Terms and any other applicable terms or policies.
I. PERSONAL INFORMATION WE COLLECT
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.
I.A. Information We Collect Directly From You
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 Sites, 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 Sites, 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.
I.B. Information We Collect About You From Third Parties
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.
I.C. Information We Collect Automatically Through Our Services
We automatically collect personal information about you through your use of our Sites, 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.
I.D. Cross-Device Tracking
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.
I.E. User Content
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 Sites 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 is inconsistent with this Privacy Policy, the law, or your personal privacy.
II. HOW WE USE YOUR PERSONAL INFORMATION
We may use your personal information, including user content, for the following purposes:
II.A. Fulfilling our Contract with You and Providing and Improving Our Services
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 product 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.
II.B. Marketing and Communications
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 Rights and Choices for more information about how to change your communications preferences.
II.C. Research and Analytics
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.
II.D. Protecting Rights and Interests
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 our Terms of Use.
II.E. Legal Compliance
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.
II.F. Promotions
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.
II.G. Share Content with Friends or Colleagues
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.
II.H. Anonymized and De-Identified Information
We may anonymize, aggregate and/or de-identify personal information so that it can no longer be used to identify an individual, and use such information for marketing, advertising, research, compliance, or other purposes.
III. PERSONAL INFORMATION RETENTION
We retain personal information only for as long as is necessary to fulfill the purposes for which it was collected (for example, to fulfill 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 information will vary but may include: how long we need to keep personal information 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; and whether we are subject to legal, regulatory or contractual obligations to retain the personal information, for example, mandatory retention requirements for tax reporting purposes.
IV. HOW WE DISCLOSE YOUR PERSONAL INFORMATION
We generally identify to whom, and for what purposes, we may disclose your personal information and user content (and we obtain your consent to such disclosure) at the time of collection or disclosure. We may disclose your personal information as follows:
IV.A. Resident Users
If you post a review to our Sites, we may disclose the personal information you share in your review (e.g. your first name and opinion) to other Resident users and the general public for marketing purposes.
IV.B. Affiliates
We may disclose your personal information to current or future affiliates or subsidiaries, including those within the Resident family of brands, for research, marketing, and other purposes consistent with this Privacy Policy.
IV.C. Third-Party Financing Providers
We may disclose your contact information and information about your transactions to third parties who you select to provide consumer financing options for your purchase of our Services.
IV.D. Business Transactions
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 transaction.
IV.E. Protecting Rights and Interests
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 our Terms of Use, or the applicable official promotion rules for any promotion that we sponsor.
IV.F. Legal Compliance
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.
V. SERVICE PROVIDERS
We may transfer your personal information to our vendors, service providers, agents, or others who perform functions on our behalf. For example, we may transfer your personal 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. If we transfer your personal information to a third-party service provider, we require that they maintain the confidentiality of your personal information and keep it secure. We also require that our service providers comply with applicable privacy laws and only use your personal information for the limited purposes for which it is provided.
VI. COOKIES AND OTHER TRACKING MECHANISMS
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.
VI.A. Cookies
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).
VI.B. Clear GIFs, Pixel Tags, and Other Technologies
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.
VII. THIRD-PARTY ANALYTICS
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.
VIII. INTEREST-BASED ADVERTISING
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 if you have submitted such information to us, 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 Sites without completing a transaction. To learn more about interest-based advertising in general and to opt out, please visit http://www.aboutads.info/choices. To opt-out of the use of your mobile device ID for targeted advertising, please see http://www.aboutads.info/appchoices.
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 your personal information.
Users in Canada may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance Canada (“DAAC”) for information about opting out of interest-based advertising and your choices regarding having information used by DAAC companies at www.youradchoices.ca/.
Opting out from one or more companies listed on the DAAC 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.
IX. "DO NOT TRACK" DISCLOSURE
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.
X. THIRD-PARTY LINKS
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 Sites. These features may collect your IP address, which page you are visiting on our Sites, 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 Sites. Your interactions with these features apart from your visit to our Sites 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.
XI. SECURITY
If you use our Services, your information may be collected and stored in Canada and the United States. This may mean that your personal information is collected in a country, or transferred to a country, that may not provide equivalent levels of data protection as the country where you live and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country.
We have implemented physical, organizational, contractual and technological safeguards in an effort to protect your personal information from loss or theft, unauthorized access, use, or disclosure. 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.
XII. YOUR RIGHTS AND CHOICES
If you are a resident of some countries or jurisdictions, you may have the right under certain circumstances:
– to access your personal information held by us;
– to request the correction or deletion of your personal information held by us;
– to withdraw your consent to the processing of your personal information, including the right to withdraw your consent to receive marketing emails; and
– to request that your provided personal information be transferred to a third party.
XII.A. Accessing, Correcting, Transferring, or Deleting Your Personal Information
You may access, correct, or delete the personal information that you have provided to us by logging into your account settings or emailing us your request at info@residenthome.ca. 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 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.
XII.B. Withdrawing Conent and Opting Out of Marketing E-Mails
Where the processing of your personal information by us is based on consent, you have the right to withdraw that consent without detriment at any time by contacting us at info@residenthome.ca. In some cases, withdrawal of your consent may mean that we will no longer be able to provide certain Services to you.
With your consent, 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 info@residenthome.ca. 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.
XIV. CHILDREN
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.
XIV. CONTACT US
If you have questions about this Privacy Policy or the privacy aspects of our Services, please contact us at info@residenthome.ca or 1-888-863-2827. Our physical address is: 100 Logistics Avenue, Jeffersonville, IN 47130.
XV. CHANGES TO THIS PRIVACY POLICY
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 Sites.