Privacy Policy

EFFECTIVE DATE : October 26, 2017

Tomorrow Sleep LLC and its affiliated companies (collectively, “Tomorrow”, “we”, “us”, “ our”) are committed to protecting your privacy. We encourage you to carefully review this privacy policy.

This Privacy Policy applies to the tomorrowsleep.com website (the “ Website”) and any other websites or services that may link to or reference this Privacy Policy (collectively, with the Website, the " Services"). The Services do not include websites, mobile applications or other services or products that link to another privacy policy, including without limitation, the Tomorrow® Sleeptracker® product, which is covered by the Sleeptracker® Product Privacy Policy . This Privacy Policy only governs the Services and does not apply offline. This Privacy Policy does not alter the terms of any other agreement that you may have with us. By accessing or using the Services, you agree to the terms of this Privacy Policy and consent to the collection and use of information as discussed in this Privacy Policy. If you do not agree to the terms of this Privacy Policy, do not access the Services or provide your information to Tomorrow.

Along with this Privacy Policy, please read our Terms of Use, and Terms & Conditions of Purchase , which are hereby incorporated and made part of this Privacy Policy.

1. Information We Collect

Personal information is data that can be used to uniquely identify or contact a single person. Personal information we collect includes your name, billing and/or shipping address, phone number, email address, last 4 digits of social security number, date of birth, and payment information (such as credit card number and expiration date). In addition, we may take personal information you provide to us and aggregate it with information of other users and customers. To the extent that we can still identify you with this aggregated information, we will treat it as personal information.

There are a number of ways in which you may provide us with and consent to our collection of certain information, some of which may include personal information. However, if you choose not to provide certain information, certain features of the Services may not be available to you and some features may not function properly.

A. Information Provided by You

By way of example, you may provide information, some of which may be personal information, in the following circumstances:

• Purchases. If you choose to make a purchase, first and last name, shipping name and address, billing address, your phone and shipping phone, your email address and shipping email address, and credit card information are necessary for purchase and delivery. For security purposes, we do not keep your credit card data in its entirety. If you apply online for financing, Tomorrow will also collect any personal information needed for the credit application, which includes your first and last name, email address, phone number, last 4 digits of social security number, date of birth, and, if you elect to automatically pay for financing, your credit card information. If you choose to pay for your purchase using PayPal, PayPal will collect information from you and the collection, use and sharing of that information will be governed by PayPal’s privacy policy .
• Customer Service Inquiries. First and last name, phone number, email address, and order information are necessary to provide this service, in addition to information in our system that you may need to confirm and any other personal information you provide in your email, phone call or SMS message to us so that our representatives can assist you.
• Product Feedback, Reviews, Comments, and/or Input. As part of your input, you may be asked to provide your first and last name, address, or other personal information, and we may pull location and other information from your order history.
• Email Message or Inquiry Forms. If you email an inquiry to us or fill out a form to receive additional information, we will use the contact information you provide to respond to your inquiry.
• Inquiries via Social Media. If you contact us via social media, including without limitation, Facebook and Twitter, we will have access to your social media handle and other information you post, and we may use that information to respond to your inquiry.
• Creating an account. You have the ability to create an account. You will need to provide a password and email address. You can check out without creating an account. Creating an account will give you access to your order history and will make it easier to reorder.
• Communications, Newsletters and Promotions. You will need to register on the Website if you want to access newsletters or information on special promotions.
• Email Notifications. You may request that information be sent to you or a friend. The contact information you provide will be used to send the information to, and a confirmation email will be sent to your email address. If you request that an email be sent to a friend, you are responsible for obtaining the consent of your friend to our use of the friend’s email address for this purpose.
• Engage with Interactive Advertising. You may submit first and last name, email address, address, questions or comments via interactive ads that are placed on the Services or on third party platforms.
• Register for a contest, sweepstakes or other promotion. For example, you may provide your first and last name, phone number and home address and we may be legally obligated to disclose this information if you win.

We may also collect certain information using automated methods, and some of this information, whether alone or combined with other data, may be personal information. Examples of automatically collected information include:

• Information about your device and device capabilities
• Information about your device operating system
• Information about your browser
• Information about how you use the Services
• Your activities on the Services
• IP address
• Mac address
• Advertising identifiers
• Mobile or Internet Carrier
• Browser type
• Browser identifier
• Referring URL
• Language selection
• Device type
• Phone number you use to call us

Location Information. We use various technologies, including HTML5, to detect your location. Depending on browser type, your browser may inform you that the Website would like to collect your location and request your permission to do so. If you allow it, location information is then collected and may be stored locally on your device.

In the event you allow location information collection through your mobile device, we may collect precise geographic location information. Whether we can collect precise location information is controlled by your device’s operating system. Our collection methods include GPS, cellular network location and other location-based services. Depending on your mobile device’s operating system, we typically receive the latitude and longitude of your mobile device, as well as date and time, but the precision of latitude and longitude varies greatly and is determined by various factors controlled by your device or mobile service provider.

B. Information We Receive from Third Parties

We may receive information about you (including personal information) from third parties. For example, if you are on another website and you opt-in to receive information from us, that website will forward to us your email address and other information about you so that we may contact you as requested. You may also choose to participate in a third party application or feature (such as one of our pages on Facebook or Twitter or another social platform or website) through which you allow us to collect (or the third party to share) information about you, including personal information. We may get updated delivery and address information that we use to correct our records.

We may also supplement the information we collect about you through the Services with outside records from third parties in order to enhance our ability to serve you, to tailor our content to you, to advertise to you, and to offer you opportunities to purchase products or services that we believe may be of interest to you. We may combine the information we receive from these third parties with information we collect through the Services and/or offline. In those cases, we will continue to apply this Privacy Policy to any online personal information received pursuant to this Privacy Policy, unless we have disclosed otherwise.

2. Personal Information Use and Sharing

We collect and use personal information so that we may send you the information and materials you request or otherwise contact you as you request. We will also use your information to process any order you may place or otherwise provide you about information regarding your product, such as any recall notices. We may use your personal information for surveys, loyalty programs, giveaways, contests, sweepstakes, and other promotional events that we offer to our customers. We may also use your information to help us to understand, analyze and measure how users use the Services; manage the Services’ operations; deliver and measure the effectiveness of advertisements; help diagnose problems; recognize repeat visitors; facilitate your access to and use of the Services; for market research; and format content for your device type and browser. We may collect and use personal information for market research; to invite you to join focus groups; to participate in surveys; and to participate in studies. We may also disclose personal information to our affiliates and other third parties for the purposes described in this Privacy Policy.

When your personal data is collected on the Services, it may be shared with selected third parties who assist us with our business operations, with the provision of the Services, with our marketing or advertising campaigns, or in delivering you the features and functionality that you have requested (“Third Party Processors”). These Third Party Processors include companies that process credit card information, handle shipping for us, and deliver materials to you via e-mail or postal service, for example. Third Party Processors are authorized to use the personal data that we provide to them only to carry out the service they are providing for us. We require the Third Party Processors by contract to secure your personal data and maintain it so that it can be accessed when needed for future purposes. All such Third Party Processors are contractually bound by us to keep the personal data confidential.

All credit card data goes directly to our payment card processor. We do not store it..

The information submitted with your request for financing goes directly to the third party financial company used by Tomorrow to process such applications, and we do not store it. Your information will be used to determine creditworthiness and to administer any approved financing. In addition, once the financial company receives your information, your information is subject to the financial company's privacy policy and the financial company may use your personal information to contact you to offer additional services, such as credit card services. If you wish to be removed from the financial company's mailing list you must contact the financial company directly.

We may use your location to provide advertisements, offers and notices that are relevant to your geographic location and conduct analytics to improve the Services. Location information may be combined with other data and may be shared with third parties as described in this section 2.

You may also opt-in to receiving additional marketing communications from Tomorrow and its affiliated companies for marketing and other purposes communicated to you. If you choose to opt-in to such communications, we will use your personal information for the purpose indicated, and we may share your information with our affiliated companies, licensees, vendors, service providers, third party processors, and agents.

As part of the Services, we will prepare and maintain information collected from the Services that is aggregated or otherwise altered so that it does not directly identify you and cannot reasonably be linked to you. We and our affiliated companies, licensees, vendors, service providers, third party processors, and agents use and share such information for business purposes.

We, our affiliated companies, or our Third Party Processors may disclose your personal data without your permission (i) pursuant to judicial or other government subpoenas, warrants, or orders or otherwise to comply with law; (ii) where we believe the rights, property or an individual’s safety or security is at risk; (iii) if we find that your actions violate our Terms of Use or Terms & Conditions of Purchase or any of our other legal rights; or (iv) where otherwise required or permitted by applicable law (which may include a lawful access request by US or foreign courts, governments or law enforcement agencies).

If we buy, merge, reorganize or sell any business or business assets, personal data and non-personal information will likely be disclosed or transferred as part of the transaction. If, in connection with a purchase, sale, merger or reorganization your personal data will be processed in a materially different way, our practice is to notify users who have provided us with an e-mail address via e-mail.

If we offer a joint promotion, sweepstakes or contest with one or more partners, we may provide your personal information to the partners. Any use or sharing of your personal information by a partner will be subject to the partner’s privacy policy.

3. Other Information

A. Our Use of Other Information

We and third parties acting on our behalf use data collection technologies to help us to manage the operations of our Services and track usage behavior. These data collection technologies include:

i. Cookies

“Cookies” are small pieces of information that downloaded to your computer or mobile device when you visit a website and are stored by your browser. Cookies are then sent back to the originating website on each subsequent visit to that website or to another website that recognizes those cookies. Some cookies on our Services collect IP and Mac addresses, which may be considered personal data in some jurisdictions. Cookies are useful because they allow a website to recognize a user’s device. Our cookies enable us to facilitate access to different aspects of our Services. For example, by showing when and how you and others visit our Website, cookies help us to see which pages of the Website are popular and which are not. Cookies can also help us to improve your enjoyment of the Services, for example, by remembering your address or other personal information when you request information or services on the Website. We use cookies to personalize advertisements for our Services on other web properties. We may use session cookies during the time of your visit on the Website that may be deleted when you exit, depending on your browser, and we also use more permanent cookies so we can recognize you if you return to the Website. If you add any item to your shopping cart during a session, we also use a cookie to track your shopping cart. You can find more information about cookies at www.allaboutcookies.org .

ii. Web Beacons and Pixel Tags

We may also use web beacons and pixel tags (also known as web bugs and clear GIFs). Web beacons (also called single pixel gifs, clear GIFs, or web bugs) are Internet tools, such as transparent images on the Services or in emails that we may send you, that help us to determine, for instance, whether a page has been viewed or an email opened. For example, when you ask us to send you information, we may use web beacons to determine how many of the emails we sent were actually opened. A pixel tag is a type of web beacon embedded in an image on the Website. In general, any electronic image viewed as part of a web page, including a banner ad, may contain a pixel tag. We may use web beacons and pixel tags to help us optimize and tailor the Services for you and other future visitors to the website. Web beacons allow third parties to obtain information, such as the IP address of the computer that downloaded the page on which the web beacon appears, the URL of the page on which the web beacon appears, the time the page containing the web beacon was viewed, the type of browser used to view the page, and the information in cookies sent by the third party

iii. Local Storage and Local Shared Objects

We may use local shared objects (LSOs) such as Flash Cookies and local storage, such as HTML5 Local Storage, to enhance user experience. Local storage is similar to browser cookies but can store data more complex than simple text. By itself, local storage cannot do anything to or with the data stored on your device. Like cookies, local storage can only access personal data that you have provided on the Services. Third parties with whom we partner to provide certain features on the Services or to display advertising based upon your web browsing activity may also use Flash cookies or HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5. To manage Flash cookies, please click here.

Information that we collect via the data collection technologies described in this section may be linked to other information about you and may be personal data. We use the technologies described in this section, alone or in combination, to provide, manage and administer the Services, understand user behavior, target and measure the effectiveness of advertisements, send follow-up emails and advertising after visits to the Website, help diagnose problems, recognize repeat visitors, track and analyze usage behavior and, facilitate your access to and use of the Services.

Your browser, such as Internet Explorer, Chrome, Firefox and Safari, may allow you to manage your cookies and local storage. Because each browser is a little different, we encourage you to check your browsers’ “Help” feature to learn how to block cookies, how to receive notification of new cookies, and how to disable existing cookies. Please note, however, that without cookies you may not be able to take full advantage of all the Services and some parts of the Services may not function properly. For more information about cookies, please visit www.allaboutcookies.org/manage-cookies/ .

B. Use of Other Information by Third Party Processors

Our Third Party Processors may use the data collection technologies described in Section 3(A) in the same ways that we use those technologies. Third Party Processors are authorized to use the data collection technologies only to carry out the service they are providing for us.

C. Use of Other Information by Third Parties for Analytics

We contract with third parties, including Google Analytics, that use data collection technologies to track, analyze and report data about the use of the Services and to analyze and optimize the performance of the Services. Information about Google Analytics is available at http://www.google.com/analytics/learn/privacy.html and www.google.com/policies/privacy/partners/ .

D. Digital Fingerprinting

Our service providers may use certain technological measures and third party databases and services to engage in digital fingerprinting. This technology passively collects information about your device to develop a digital identifier for your device, which is then stored on your device to identify the device in various online transactions. This information is combined with other information regarding your use of the Services and third party databases. The device data that is collected by our service providers may be maintained to create a history and reputation of a particular device to help reduce online fraud and recognize your device in connection with the Services and advertising.

4. User Generated Content

Certain portions of the Services may permit you to voluntarily provide feedback, comments or input such as tips, advice, product opinions and the like. Examples of these portions are bulletin boards, comment cards, product reviews, and Q&A pages. As part of this input you may be asked to provide your name, state, province or other personal information. By providing us this information, you agree that all of this information may be stored by us and posted on the Services to share the benefit of this information with other users, we may combine this information with information from your order history, including city and state, and we may use and share this information in the same way we may use and share Submitted Content under the Terms of Use. However, we may choose not to use the information you submit. You will not be notified if your information will or will not be used. You understand that personal information you post in public areas of our Services (including social media) can be read, collected, or used by other users of the Services, and could be used to send you unsolicited messages. You are encouraged to exercise caution when posting personal information about yourself in public areas.

5. Third Party Tracking

Third parties, other than our third party processors and vendors (such as our website analytics provider), do not have authorization from us to track which websites you visited prior to and after visiting our Services. That said, we cannot control third party tracking and there may be some third party tracking that occurs without our knowledge or consent.

6. Advertising

We use a variety of third party ad networks and third party ad servers (“ Ad Networks”) to deliver ads to you on our behalf. These Ad Networks may place their cookies, web beacons or other technology on the Services or in your browser to collect data about you when you visit the Services to enable the Ad Networks to deliver advertisements for our products to you on third party websites. The use of cookies, web beacons or similar technologies by the Ad Networks is subject to their own privacy policies, not ours. We encourage you to view the privacy policy of the Ad Networks to learn more about their cookies and other technologies.

For more information about the Ad Networks’ technologies and how they use the information collected by the technologies on the Services and your options not to accept cookies placed by some Ad Networks on the Services, visit the Network Advertising Initiative (“NAI”) at www.networkadvertising.org/optout to change your consumer preferences with respect to certain online ads and to obtain further information about third party ad networks.

The opt-out described above is device- or browser-specific and may not work on all devices. If you choose to opt-out through the mechanism in this section, you still may see advertisements but the advertisements from NAI participants will not be based on your interests.

7. Opt Out; Changes in Personal Information

If you choose to opt-out of marketing email communications, such as newsletters, special offers, promotions, and special event invitations, you may do so at any time and without penalty by clicking on the link provided in the email to unsubscribe, emailing us at help@tomorrowsleep.com, calling us at 800-225-9012, or, if you have registered for an account, by logging into your account and changing your settings. You may not unsubscribe to communications regarding your order or product. Unsubscribing to marketing communications from Tomorrow will remove you from the Tomorrow marketing email list, but we will still need to communicate with you about your order or other request.

If you wish to update, correct or otherwise have access to your personal information in our records, please email us at help@tomorrowsleep.com, call us at 800-225-9012, or, if you have registered for an account, log into your account. We will not be responsible for modifying or removing personal information from the database of any third party to whom we were authorized to disclose your personal information prior to processing your request. Please note that any personal information that we have copied may remain in back-up storage for some period of time after your request.

We may request certain personal information for the purposes of verifying the identity of the individual seeking access to his or her personal information records.

You can also opt-out of future information collection from the Services by ceasing use of the Services.

8. Links from the Services

The Services may contain links to third party websites or services that are not controlled by us. In some cases, you may navigate to pages of other websites that are framed with elements of the Services such as in the header or footer. In that case, the URL will identify the site you are visiting. These links are made available to you as a convenience, and you agree to use these links at your own risk. These other sites and services are not bound by our privacy policy, and we are not responsible for the privacy practices or content of such third party websites or services. If you disclose your information to others in connection with your use of our Services, you are subject to the privacy policies that they apply. The privacy policies of other organizations may differ from ours, for example, with respect to the level of security, use of cookies, and collection, use and disclosure of personal data. If you would like information on any other party's privacy policy, you should contact that party directly, and we encourage you to do so.

Some of the Services allow users to interface with other websites or services, including Facebook, Twitter, Google+, and Pinterest, or log in using your account with other services, including Facebook and Google. You will remain logged in to those other sites and services until you log off. By proceeding with these interfaces, you allow the Services and our third party service providers to access your information, including personal information, on those other sites and services, and you are agreeing to those other sites’ and services’ terms of use and privacy policies. Once you log into those other sites and services, the content you post on those other sites and services may also post to the Services. Your use of those other sites and services is subject to the privacy policies of those sites and services, and not this Privacy Policy.

Some of the Services use third party operating systems, platforms, communication services, devices, and software elements (such as mobile device operating systems, wireless services, mobile phone and tablet devices), and some of the Services are provided by third party distributors, device makers, device operators, platform operators, and communication services. We do not control these third party entities, products and services, and they may collect, use, process, transmit and disclose your information. For example, these third party entities, products and services may gather information from the Services in a manner that overrides your settings and preferences in the Services. As we do not control of these third-parties’ data handling practices, we recommend that you review their privacy policies, terms of use and license agreements (if any).

9. Security

We have put in place physical, electronic and managerial procedures intended to protect your data. Please understand, despite these efforts, we cannot guarantee the security of your information given the current state of the Internet. Any transmission of information is at your own risk. We cannot guarantee protection of all electronic information from interception, misappropriation, misuse or alteration. We cannot guarantee that your information will not be disclosed or accessed by accidental circumstances or the unauthorized acts of third parties.

10. Children

Our Services are not intended for children, and we will not knowingly collect information from children under the age of 13.

We encourage parents to talk to their children about their use of the Internet and the information they disclose online. If we learn that we have collected the personal information of a child under 13 without verifiable consent, then we will use reasonable efforts to delete the child's information from our databases. If you become aware that we have collected personal data from a child without parental consent, please email us at help@tomorrowsleep.com or call us at 800-225-9012 promptly.

If you are a California resident under age 18 and are a registered user of any of the Services, then you may request that we remove any submissions that you publicly posted on or in the Services. To request removal of a submission, please Contact Us and send a detailed description of the specific submission. We reserve the right to request that you provide information that will enable us to confirm that the submission that you want removed was created and posted by you. We will make a good faith effort to delete or remove your submission from public view as soon as reasonably practicable. Please note, however, that your request that we delete your submission does not ensure complete or comprehensive removal of your submission. Your submission may remain on backup media, cached or otherwise retained by us for administrative or legal purposes or your submission may remain publicly available if you or someone else has forwarded or re-posted your submission on another website or service prior to its deletion. We may be required by law to not remove or allow removal of your submission.

11. Notice to Non-United States Users

Tomorrow is a Delaware limited liability company and the products and services available on the Services are provided by or on behalf of Tomorrow based in the United States. If you are located outside of the United States, be advised that the personal information that you provide will be transferred to and maintained inside and outside the United States, and these jurisdictions’ data protection and privacy laws may not off the same level of protection as those of the country where you reside or are a citizen. If you do not consent to this transfer, do not accept this privacy policy or otherwise use the Services. By using our Services and providing us with your information, you are consenting to the transfer and processing of such information in the United States and other countries.

12. Your California Privacy Rights

Pursuant to Section 1798.83–.84 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, what types of personal information, if any, the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information in the immediately preceding calendar year. To access this information, please email us at help@tomorrowsleep.com or call us at 800-225-9012.

13. Changes to This Policy

We reserve the right to modify this Privacy Policy at any time. Material changes will be posted on the Website. If you have registered with the Service, we may also provide you with email notification of such material changes. Your continued use of our Services following any changes constitutes your acceptance of the changes.

14. Contact Us

You may contact us by email at help@tomorrowsleep.com or call us at 800-225-9012.