privacy policy

Vibe operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Vibe is powered by Shopify, which enables us to provide the Services to you. This Privacy Policy describes how we collect, use, and disclose your personal information when you visit, use, or make a purchase or other transaction using the Services or otherwise communicate with us. If there is a conflict between our Terms of Service and this Privacy Policy, this Privacy Policy controls with respect to the collection, processing, and disclosure of your personal information.

Please read this Privacy Policy carefully. By using and accessing any of the Services, you acknowledge that you have read this Privacy Policy and understand the collection, use, and disclosure of your information as described in this Privacy Policy.

By using our Services, you agree to our processing of personal information for the purposes stated in this Privacy Policy. If you do not agree with our collection, use, or sharing of personal information, please do not use the Services.

From time to time, Vibe may offer new services. New services will be subject to this Privacy Policy unless the services change the way we collect, use, or share your personal information. If new services change our privacy practices, we will update this Privacy Policy.

For purposes of this Privacy Policy, we use the terms "Company," "we," "us," and "our," or similar terms, when referring to Vibe.

Information Collected

Personal information is information that can be used to identify you directly or indirectly. Personal information is collected to provide our users a quality, customized experience. You are not required to provide Vibe with any requested information; however, many products or services may not be available if we do not collect specific personal information elements. With the exception of payment information, we avoid the collection of sensitive personal information.

You may adjust your browser to limit or refuse cookies or to alert you when cookies are being sent. If you disable cookies, however, the full functionality of some of our webpages may not be available to you.

Our website uses cookies to help keep track of items you put into your shopping cart, including when you have abandoned your cart, and this information is used to determine when to send cart reminder messages via SMS.

SMS/MMS Text Message Marketing Program

Your privacy is extremely important to us. We will only use the information you provide through the program to transmit your mobile messages and respond to you, if necessary. This includes but is not limited to sharing information with platform providers, phone companies (carriers), and other vendors who assist us in the delivery of mobile messages.

WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY.

Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us with information in connection with the program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in our sole discretion, we believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the program for an ulterior purpose, we may refuse you access to the program and pursue any appropriate legal remedies.

California Civil Code Section 1798.83 and the General Data Protection Regulation 2016/679 (GDPR) allow users of the program who are California or European Union residents to request certain information regarding our disclosure of the information you provide through the program to third parties for their direct marketing purposes.

Message and data rates may apply. Message frequency varies. You can opt out at any time by replying STOP, or by contacting us at info@vibemattress.com.

Direct Collection

We collect the personal information you voluntarily disclose when you interact with our Services, e.g., create an account, request information, contact us, participate in promotional communications, or purchase products and services through our platform. The types of personal information requested will relate to the purpose of its collection. Examples of requested information may be grouped into the following categories:

• Identifiers and Contact Information: first name, last name, title, username, password, mailing address, billing address, shipping address, email address, phone number, contact preferences
• Account Information: username, password, security questions, preferences and settings
• Financial and Transactional Information: payment (card or bank) information, financial account information, form of payment, payment confirmation, transaction details, products or services purchase information, delivery information, purchase history, items viewed or added to cart or wishlist, returns, exchanges, cancellations, requests, feedback, survey responses
• Communications: information you include in communications with us, for example when sending a customer support inquiry

Indirect Collection

We have a legitimate interest in understanding how consumers use our website. We may collect certain information automatically through the use of cookies and/or Internet Protocol ("IP") address tracking. In general, this information is used to deliver and optimize online content, personalize content, enable faster checkout, and/or recognize you across multiple devices.

Examples of requested information may be grouped into the following categories:

• Technical Information: information relating to your login, browser and browser plugins, operating system, platform, internet service provider, internet protocol (IP) address, time zone, and other necessary website accessing technologies
• Usage Information: your use of and journey through our Services, including how and when you interact with or navigate the Services

As part of the Usage Information, personal information may be collected through third parties. This information may be collected by related business partners, social media sites, marketing platforms, our affiliates, companies that provide supplemental information about you (e.g., data aggregators), ad-tech companies, and others (family, friends) who provide us your personal information, as they share a product, service, or promotion with you.

We may utilize Google Analytics, a web analysis service, to better understand your use of and journey through our Services. Google Analytics collects and reports information such as how often users visit our website, what pages they visit, and what other sites they previously visited. Google uses the data collected to track and examine the use of the website, to prepare reports on its activities, and to share them with other Google services. Google may use the data collected on the website to contextualize and personalize the ads of its own advertising network. Google's ability to use and share information collected by Google Analytics about your visits to our website is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. To opt out of the Google Analytics advertising features described above, follow the instructions at Google Analytics Opt-Out.

Information Sharing and Use

We may share some or all of your personal information within our organization, including with our affiliates, and with our third-party service providers for the benefit of our organization, and will use the information in a manner consistent with this Privacy Policy. We will not share your information with any third party outside of our organization, other than the service providers who are necessary to comply with a law or fulfill your request, e.g., payment platforms, product delivery, in connection with enhancing user experience, improving product recommendations, or performing analytics data review. We do not allow our service providers to use your personal information other than to process your information for its specific purpose(s). We may engage such third-party service providers in connection with these efforts on behalf of our organization and affiliate organizations.

We use and share your personal information only for specific and limited business purposes. For example, information may be used by us or shared with third-party contractors who perform services for us or our affiliates to:

• Communicate information
• Personalize and improve services
• Understand user interests
• Handle and answer inquiries
• Authenticate the identity of individuals
• Process a purchase or transaction
• Process payments
• Process returns or warranty claims
• Perform contractual agreements
• Comply with legal or regulatory obligations
• Perform a related business operation
• Control information
• Improve the functionality of our website
• Understand and assess the interests of consumers
• Provide product recommendations and targeted advertising
• Measure advertising effectiveness
• Secure online processes

Such circumstances may also include:

• With Shopify, vendors and other third parties who perform services on our behalf (e.g. IT management, payment processing, data analytics, customer support, cloud storage, fulfillment and shipping).
• With business and marketing partners to provide marketing services and advertise to you. For example, we use Shopify to support personalized advertising with third-party services based on your online activity with different merchants and websites. Our business and marketing partners will use your information in accordance with their own privacy notices. Depending on where you reside, you may have a right to direct us not to share information about you to show you targeted advertisements and marketing based on your online activity with different merchants and websites. You can exercise your rights to opt out of those uses here.
• When you direct, request us or otherwise consent to our disclosure of certain information to third parties, such as to ship you products or through your use of social media widgets or login integrations.
• With our affiliates or otherwise within our corporate group.
• In connection with a business transaction such as a merger or bankruptcy, to comply with any applicable legal obligations (including to respond to subpoenas, search warrants and similar requests), to enforce any applicable terms of service or policies, and to protect or defend the Services, our rights, and the rights of our users or others.

Data Analytics. Legitimate interest for processing your personal information may be used, for example, to assist in the performance of a service, contract, or to improve a service. It will be limited to the purpose of achieving the legitimate interest. If legitimate interest is used as a ground for processing your personal information, we will keep a record of this, and you have the right to ask for this information. This ground does not outweigh your rights as an individual and will be limited to purposes of achieving a legitimate interest.

We also may process or disclose your personal information in the performance of a contract as well as when we have a legal or regulatory obligation, e.g., official investigations, tax obligations, financial reporting. For example, a court order or a subpoena may require us to process personal information for a particular purpose.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this Privacy Policy.

The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.

California residents may review the California Residents section below for additional information sharing and use disclosures.

Profile and Automated Decisions

Your personal information may be analyzed to build online searching and buying behavior profiles. This helps us better understand your interactions with our brand communications.

In addition, we process some personal data using automated means, where no human decision-making is involved, such as the collection, use, and sharing of your personal information for the following: payment processing, order status updating, promotions, subscriptions, and targeted advertising.

Children Under 13

We do not design the Services to appeal to children, and the Services are not directed to children. We do not knowingly collect personal information from anyone under the age of 13. We comply with the Children's Online Privacy Protection Act (COPPA). If you are a parent or guardian and believe your child under 13 has provided us with personal information without your consent, please contact us at info@vibemattress.com so we can delete it.

As of the effective date of this Privacy Policy, we do not have actual knowledge that we "share" or "sell" (as those terms are defined under applicable law) the personal information of individuals under 16 years of age.

Storage and Retention

Personal information is retained to provide quality services such as product guarantees, warranty services, and financial obligations. If you live outside the United States, you understand and agree that your personal information will be transferred to and stored in the United States. EU customers should be aware that there are risks associated with data transfers, and we rely on derogations for specific situations under GDPR Article 49.

Personal information is kept one year after we are released of all legal, financial, and reporting retention requirements.

Information Protection

Your personal information is important to us, and we will take reasonable and appropriate measures to protect your information. Although we cannot guarantee the security of your personal information, we implement technical, administrative, and physical controls to protect your information from unauthorized disclosures, misuse, or modification. These controls include restrictive access controls, vulnerability management, incident management, and employee training. We expect the same level of data protection from the external third parties with whom we share your personal information.

To further reduce the risk to your personal information, we encourage you to protect your usernames and passwords and to always use caution with your online interactions.

Information Choices

With very few exceptions, you have choices regarding your personal information. You have the right to:

• View the personal information we have collected
• Access a copy of your personal information in portable format
• Edit or correct any personal information
• Delete any personal information
• Restrict the collection or processing of certain personal information
• Restrict the use of your sensitive personal information
• Restrict the storage of your information longer than necessary

You may also opt out of our marketing communications. Please understand you will continue to receive non-marketing or transactional messages from us, such as account messages and inquiry responses.

Additionally, you may opt out of any future contact with us or exercise your data rights by contacting us via the following method at any time:

Email address: info@vibemattress.com

We will not discriminate against you for exercising any of these rights.

Verifying Your Request

Before fulfilling a request to know, access, correct, or delete your personal information, we will take steps to verify your identity. This applies whether you submit your request directly or through an authorized agent. The verification method depends on the type and sensitivity of the request. At minimum, we may require:

• Your first, middle (if available), and last name
• A physical address
• A valid email address
• A valid phone number

If we are unable to verify your identity, we will be unable to complete your request and will notify you accordingly, directing you to this Privacy Policy for more information on our data collection, sale, and disclosure practices.

Response Timing

We will confirm receipt of your request within 10 business days and will aim to respond within 45 calendar days of receipt. If we need additional time (up to an additional 45 days), we will notify you in writing of the reason and extended timeframe. California consumers may make a request to know or access their personal information up to twice within a 12-month period, and the format is available in a transportable copy.

Authorized Agents

The CCPA allows California consumers to use "authorized agents" to submit requests on the consumer's behalf. If you choose to use an authorized agent, or if you are an authorized agent who would like to submit requests on behalf of a consumer, the following procedures are required prior to acceptance of any authorized agent request. For the safety and security of consumer information, requests submitted by an authorized agent will require a direct method of communication with the consumer, preferably a valid email address, to fulfill the request.

• Business. If you are operating as a business, the following documentation is required:
  • Certificate of good standing with your state of incorporation
  • Written authorization document that includes each consumer's name, address, telephone number, and valid email address, signed and dated by each consumer authorizing you, as the authorized agent, to act on behalf of each consumer in making the request. Proof of written consumer consent for opt-out requests is generally not required, unless we must confirm authorization.
  • A valid consumer email address for our direct correspondence with each consumer, including an identity verification process to be conducted by us directly with that consumer
• Individuals. If you are an individual acting as an authorized agent on behalf of a consumer, the following documentation is required:
  • A power of attorney, signed and dated by the consumer and notarized by a notary public, naming you as the consumer's authorized representative, which includes the consumer's full name and physical address; or, if you do not have a power of attorney, a written authorization document that includes the consumer's name, address, telephone number, and valid email address, signed by the consumer authorizing you to act on their behalf
  • A valid email address for direct correspondence with the consumer, including an identity verification process to be conducted by us directly with that consumer
• Parent/Guardian of Minor Child. We do not knowingly collect or sell information about minors. If you are a parent or guardian of a minor child under 16 and would like to make a request on behalf of the minor child, the following documentation is required:
  • A certified school record, transcript, or homeschool notice of intent form that includes the minor's permanent address
  • Proof of parental/guardianship identity document that matches the minor's permanent residence

All authorized agents will be required to successfully establish the minimum requirements for qualification as stated in the Verifying Your Request section above, in addition to the category-specific documentation listed here, prior to being authorized to submit requests on behalf of a consumer.

We may still require you to directly verify your own identity with us or confirm that you provided the agent permission to submit the request, regardless of the documentation the agent provides. We will respond to your request in a timely manner as required under applicable law.

Do Not Track

We do not respond to or honor "Do Not Track" signals or similar mechanisms transmitted by web browsers, other than the Global Privacy Control (GPC). If you visit our website with the GPC opt-out preference signal enabled, depending on where you are, we will automatically treat this as a request to opt out for the device and browser you use to visit the website. If we are able to associate the device sending the signal to a Shopify account, we will apply the opt-out request to the account as well. To learn more about Global Privacy Control, visit https://globalprivacycontrol.org/.

California Residents

This section supplements the rest of this Privacy Policy for residents of California under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (together, "CCPA"). It explains our privacy practices as they apply to "Consumers" as defined by the CCPA and does not extend to individuals who are not defined under the CCPA.

Under the CCPA, "Personal Information" means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, not including publicly available information or de-identified or aggregate consumer information.

Consumer Privacy Rights

• The right to know about the personal information we collect about you and how it is used and shared
• The right to delete your collected personal information (with some exceptions)
• The right to opt out of the sale or sharing of your personal information
• The right to non-discrimination for exercising your CCPA rights

If you make a request for access to your personal information, we will disclose your records covering the 12-month period preceding the date of your request. Any request submitted is subject to an identification and verification process, which will depend on the nature of the request and the sensitivity of the personal information requested. For the safety and security of consumer information, we will not fulfill your CCPA request unless you provide adequate information to convince us that you are the consumer about whom we collected the personal information. Authorized agents who meet the agency requirements of the CCPA may also submit requests on your behalf. See Verifying Your Request above.

To exercise your rights under the CCPA, please submit your request to info@vibemattress.com. Please respond promptly to any follow-up inquiries, so we may process your request within the designated period.

Right to Know

You may request that we disclose what personal information we have collected, used, shared, or sold about you, and why we collected, used, shared, or sold that information. Specifically, you may request:

• The categories of personal information collected
• Specific pieces of personal information collected
• The categories of sources from which we collected personal information
• The purposes for which we use the personal information
• The categories of third parties with whom we share the personal information
• The categories of information that we sell or disclose to third parties

We will provide you this information for the 12-month period preceding your request.

Right to Opt Out of Sale or Sharing of Personal Information

(Do Not Sell or Share My Information)

The CCPA defines the terms "sell" and "share" broadly, including certain uses of cookies and pixels for interest-based advertising. Under this definition, we may sell or share your personal information. Over the past 12 months, we may have sold or shared the following categories of personal information:

• Identifiers/Contact Information – name, billing address, mailing address, email address, username, identification number, phone number(s), device cookies
• Commercial Information/Account Details – purchasing history, purchase tendencies
• Internet Usage Information – login information, device operating system, browser type, browser version, browser plug-ins, time zone setting, interactions with our website, computer systems, and devices
• Inferences from Personal Information – customer profiles, customer preferences

You may request that we stop selling or sharing your personal information ("opt out"). With some exceptions, we will not sell or share your personal information after receiving your opt-out request unless you later provide authorization allowing us to do so again. You can exercise this right here or by contacting us using the details below.

Right to Non-Discrimination

We will not deny goods or services, charge you a different price, or provide a different level or quality of goods or services to consumers who exercise their rights under the CCPA.

Under the CCPA, we may offer you reasonable promotions, discounts, and other incentives in exchange for collecting, keeping, or selling your personal information, consistent with applicable law.

Minors

We do not design our website to appeal to children, nor is it directed at children under the age of 13. We do not knowingly collect or sell personal information from persons under the age of 13. If you are a parent of a child under 13 and believe your child has provided us with information about themselves, please contact us.

We can only sell or share the personal information of a consumer we know to be under the age of 16 with affirmative authorization ("opt-in") for the sale or sharing of that minor's personal information. For children under the age of 13, that opt-in must come from the child's parent or guardian. For consumers who are at least 13 years old but under the age of 16, the opt-in can come from the consumer.

Shine the Light

This section supplements the rest of this Privacy Policy for residents of California under California's Shine the Light law.

Under Shine the Light, California residents may request information about our collection and sharing of your personal information, if any, with third parties for their own marketing purposes. California residents may exercise this right once per calendar year by contacting us at info@vibemattress.com.

Virginia Residents

This section supplements the rest of this Privacy Policy for residents of Virginia under the Virginia Consumer Data Protection Act ("VCDPA").

Under the VCDPA, "personal data" means information that is linked or reasonably linkable to an identified or identifiable individual, excluding de-identified or publicly available information.

Virginia residents may exercise the following rights with respect to their personal data:

1. Confirm whether we are processing your personal data
2. Access the personal data we hold about you
3. Obtain a portable copy of your personal data
4. Correct inaccuracies in your personal data
5. Delete personal data we have collected about you
6. Opt out of the sale of personal data
7. Opt out of targeted advertising
8. Appeal our decision regarding a rights request

To exercise any of these rights, or to appeal a prior decision, contact us at info@vibemattress.com. For additional information, see our Terms of Service. 

Relationship with Shopify

The Services are hosted by Shopify, which collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside, in order to provide and improve the Services for you. In addition, to help protect, grow, and improve our business, we use certain Shopify enhanced features that incorporate data and information obtained from your interactions with our store, along with other merchants and with Shopify. To provide these enhanced features, Shopify may make use of personal information collected about your interactions with our store, along with other merchants, and with Shopify. In these circumstances, Shopify is responsible for the processing of your personal information, including for responding to your requests to exercise your rights over use of your personal information for these purposes. To learn more about how Shopify uses your personal information and any rights you may have, you can visit the Shopify Consumer Privacy Policy. Depending on where you live, you may exercise certain rights with respect to your personal information at the Shopify Privacy Portal.

Third Party Websites and Links

The Services may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of information found on these sites. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms, may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Services.

Complaints

If you have complaints about how we process your personal information, please contact us using the contact details provided below. Depending on where you live, you may have the right to appeal our decision by contacting us using the contact details set out below, or lodge your complaint with your local data protection authority.

International Transfers

Please note that we may transfer, store and process your personal information outside the country you live in.

If we transfer your personal information out of the European Economic Area or the United Kingdom, we will rely on recognized transfer mechanisms like the European Commission's Standard Contractual Clauses, or any equivalent contracts issued by the relevant competent authority of the UK, as relevant, unless the data transfer is to a country that has been determined to provide an adequate level of protection.

Changes to This Privacy Policy

We may update this Privacy Policy from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons. We will post the revised Privacy Policy on this website, update the "Last updated" date, and provide notice as required by applicable law.

Contact

Should you have any questions about our privacy practices or this Privacy Policy, or if you would like to exercise any of the rights available to you, please email us at info@vibemattress.com.