Privacy and Policy
We at Ergomotion recognize that you expect privacy and security when it comes to information that personally identifies you and allows you to be individually contacted. We adopted the following online privacy policy because we understand the need to safeguard the information you may be providing to us at our websites and/or mobile applications (collectively, the "Web Apps").
What information do we collect?
We collect information from you when you register on our site or respond to a survey.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Additionally, when using our site or Web Apps, we may collect the following information about you, including, but not limited to: heart rate, respiratory rate, snoring data, movement while sleeping, etc. This data we collect will be used by us to calculate information concerning your sleep patterns, including, but not limited to, sleep duration and efficiency, deep and light sleep, heart rate variability, and arrhythmia index.
Phone, SMS, MMS Messaging Terms & Conditions
In the event you opt-in to our Mobile Messaging, we will collect and use your mobile telephone number to maintain and administer our Mobile Messaging Program. With your permission, we may send text messages about our store, new products, and other updates, including “Checkout Reminders” and we use webhooks to trigger the Checkout Reminders messaging system. Please review the Native Terms of Service for more information about the Mobile Messaging Program, including information on how to unsubscribe or update your personal information therein and your responsibilities and liabilities related thereto.
What do we use your information for?
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
We may use the information we collect from you in one of the following ways:
• To personalize your experience
• To improve our Web Apps
• To improve customer service
• To process transactions
• To administer a contest, promotion, survey or other site feature
• To send periodic emails, text messages or MMS messaging
The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
To assist our third-party technicians with delivering and installing products for you.
Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems and are required to keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will be kept on file for more than 60 days in order to issue future refunds.
Do we use cookies?
Our Web Apps use cookies to distinguish you from other users. This helps us to provide you with a good experience when you browse our Web Apps and also allow us to improve our site.
We also automatically collect certain information about your interaction with our services. To do this, we may use cookies, pixels and similar technologies. Usage data may include information about how you access and use our Site and your account, including device information, browser information, information about your network connection, your IP address and other information regarding your interaction with the Services. For specific information about the Cookies that we use related to powering our store with Shopify, see https://www.shopify.com/legal/cookies.
We use the following cookies:
• Strictly necessary cookies. These are cookies that are required for the operation of our Web Apps. They include, for example, cookies that enable you to log into secure areas of our Web Apps.
• Analytical/performance cookies. They allow us to recognize and count the number of visitors and to see how visitors move around our Web Apps when they are using it. This helps us to improve the way our Web Apps work, for example, by ensuring that users are finding what they are looking for easily.
• Functionality cookies. These are used to recognize you when you return to our Web Apps. This enables us to personalize our content for you, and remember your preferences.
• Targeting cookies. These cookies record your visit to our Web Apps, the pages you have visited, and the links you have followed. We will use this information to make our Web Apps, and the material displayed on it, more relevant to your interests. We may also share this information with third parties for this purpose
You can set your browser to refuse all or some browser cookies, or to alert you when Web Apps set or access cookies. If you disable or refuse cookies, please note that some parts of the Web Apps may become inaccessible or not function properly.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our Web Apps, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.
We do provide your personal information to the manufacturers of the products you purchase through our Web Apps, for example if you purchase a mattress with your adjustable bed and registered your warranty on our Web Apps, the information on your warranty registration would be provided to the bed manufacturer.
We may also release your personal information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.
Non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
User Generated Content
Our services may enable you to post product reviews and other user-generated content. If you choose to submit user generated content to any public area of the Services, this content will be public and accessible by anyone.
We do not control who will have access to the information that you choose to make available to others, and cannot ensure that parties who have access to such information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available, or for the accuracy, use or misuse of any information that you disclose or receive from third parties.
Accessing and correcting your information
You may send us an email at privacy@ergomotion.com to request access to, correct or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our Web Apps. These third-party sites have separate and independent privacy policies, which you should read for your own protection. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Children’s Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our Web Apps, products and services are all directed to people who are at least 13 years old or older.
Your California Privacy Rights
Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (1) a list of the categories of personal information, such as name, address, e-mail address, and the type of services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes, and (2) the names and addresses of all such third parties.
To request a copy of the information disclosure provided by Ergomotion Inc. pursuant to Section 1798.83 of the California Civil Code, please write to us at Ergomotion, Inc., 6790 Navigator Drive, Goleta, CA 93117 with a reference to California Disclosure Information.
We will not discriminate against you for exercising any of your rights under California law. Unless permitted by California law, we will not:
• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Online Privacy Policy Only
This online privacy policy applies only to information collected through our Web Apps and not to information collected offline.
Your Consent
By using our site, you consent to our privacy policy. By providing your personal information, you consent to our collection and use of it.
Your Rights and Choices
Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. However, these rights are not absolute, may apply only in certain circumstances and, in certain cases, we may decline your request as permitted by law.
- Right to Access / Know. You may have a right to request access to personal information that we hold about you, including details relating to the ways in which we use and share your information.
- Right to Delete. You may have a right to request that we delete personal information we maintain about you.
- Right to Correct. You may have a right to request that we correct inaccurate personal information we maintain about you.
- Right of Portability. You may have a right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.
- Restriction of Processing: You may have the right to ask us to stop or restrict our processing of personal information.
- Withdrawal of Consent: Where we rely on consent to process your personal information, you may have the right to withdraw this consent.
- Appeal: You may have a right to appeal our decision if we decline to process your request. You can do so by replying directly to our denial.
- Managing Communication Preferences: We may send you promotional emails, and you may opt out of receiving these at any time by using the unsubscribe option displayed in our emails to you. If you opt out, we may still send you non-promotional emails, such as those about your account or orders that you have made.
You may exercise any of these rights where indicated on our Site or by contacting us using the contact details provided below.
We will not discriminate against you for exercising any of these rights. We may need to collect information from you to verify your identity, such as your email address or account information, before providing a substantive response to the request. In accordance with applicable laws, You may designate an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us. We will respond to your request in a timely manner as required under applicable law.
Business Transfers
If Ergomotion, or substantially all of its assets were acquired, or in the unlikely event that Ergomotion goes out of business or enters bankruptcy, our users’ and customers’ personal information would be one of the assets transferred to or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Ergomotion may continue to use the personal information as set forth in this policy.
Changes to our 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 the Site, update the "Last updated" date and take any other steps required by applicable law.
For any further information please email Privacy@ergomotion.com
Last updated: May 9, 2024.