How We Gather Information From Users:
How we collect and store information depends on the page you are visiting, the activities in which you elect to participate and the services provided. For example, you may be asked to provide information when you register for access to certain portions of our site or request certain features, such as newsletters or when you make a purchase. Like most Web sites, OptimumSleep also collects information automatically and through the use of electronic tools that may be transparent to our visitors. For example, we may log the name of your Internet Service Provider or use cookie technology to recognize you and hold information from your visit. Among other things, the cookie may store your user name and password, sparing you from having to re-enter that information each time you visit, or may control the number of times you encounter a particular advertisement while visiting our site. As we adopt additional technology, we may also gather information through other means. In certain cases, you can choose not to provide us with information, for example by setting your browser to refuse to accept cookies, but if you do you may be unable to access certain portions of the site or may be asked to re-enter your user name and password, and we may not be able to customize the site’s features according to your preferences.
What We Do With the Information We Collect:
Like other Web publishers, we collect information to enhance your visit and deliver more individualized content and advertising. We respect your privacy and do not share your information with anyone.
Personally Identifiable Information collected by OptimumSleep may also be used for other purposes, including but not limited to site administration, troubleshooting, processing of e-commerce transactions, administration of sweepstakes and contests, and other communications with you. Certain third parties who provide technical support for the operation of our site (our Web hosting service for example) may access such information. We will use your information only as permitted by law. In addition, from time to time as we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses. In such transactions, user information may be among the transferred assets. We may also disclose your information in response to a court order, at other times when we believe we are reasonably required to do so by law, in connection with the collection of amounts you may owe to us, and/or to law enforcement authorities whenever we deem it appropriate or necessary. Please note we may not provide you with notice prior to disclosure in such cases.
Affiliated Sites, Linked Sites and Advertisements:
OptimumSleep expects its partners, advertisers and affiliates to respect the privacy of our users. Be aware, however, that third parties, including our partners, advertisers, affiliates and other content providers accessible through our site, may have their own privacy and data collection policies and practices. For example, during your visit to our site you may link to, or view as part of a frame on a OptimumSleep page, certain content that is actually created or hosted by a third party. Also, through OptimumSleep you may be introduced to, or be able to access, information, Web sites, features, contests or sweepstakes offered by other parties. OptimumSleep is not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.
You should also be aware that if you voluntarily disclose Personally Identifiable Information on message boards or in chat areas, that information can be viewed publicly and can be collected and used by third parties without our knowledge and may result in unsolicited messages from other individuals or third parties. Such activities are beyond the control of OptimumSleep and this policy.
OptimumSleep has a zero-tolerance spam policy. This means that all email recipients must have opted in to, or otherwise validly consented to, receiving communications from you, the sender. Affiliate accounts may be terminated for sending unsolicited email messages.
Email messages sent in connection with a OptimumSleep Product must contain an “unsubscribe” link that allows subscribers to remove themselves from your email messages. You acknowledge and agree that you will not hide, disable, or remove or attempt to hide, disable, or remove the opt-out link from the email invitation. You will actively manage and process unsubscribe requests received by you directly within ten days of submission, and update your email lists and address books to reflect the unsubscribe requests.
You are responsible for ensuring that the email messages you send in connection with OptimumSleep products and pages do not generate a number of spam complaints or bounce rates in excess of industry standards. If OptimumSleep determines that your level of spam complaints or bounce rate is higher than industry standards, OptimumSleep, at its sole discretion, has the right to suspend or terminate your use of its website and services. If you receive low response rates, high abuse rates or high bounce rates, we may request additional information regarding your mailing lists to investigate and attempt to resolve the problem, or in some cases we may suspend or remove marketing privileges on your account.
Affiliate Email Restrictions:
Emails you send marketing a OptimumSleep product must have a valid reply-to email address owned or managed by you.
You can only market OptimumSleep product by sending emails to lists of people that gave you permission to email them. If you don’t have proof that each recipient on your list opted in for your emails, don’t market OptimumSleep products to them.
We prohibit the use of harvested mailing lists. OptimumSleep will blacklist affiliates violating this prohibition.
We prohibit the use of third-party, purchased, or rented mailing lists unless you are able to provide proof that individuals on the list have opted-in to receiving emails of the type you will be sending them.
You must not send unsolicited mail to newsgroups, message boards, distribution lists, or email addresses.
You must not send any commercial electronic mail messages (as defined in the CAN-SPAM Act of 2003) to any recipient who has opted out, unsubscribed, or otherwise objected to receiving such messages from you or another party on whose behalf you may be commissioned. If you intend on sending commercial emails, you should familiarize yourself with the CAN-SPAM Act, which outlines requirements under United States law for sending out such emails, and any other applicable anti-spam laws.
You must not market OptimumSleep using emails with deceptive subject lines or false or misleading header information.
If you suspect that OptimumSleep has been used by someone to send spam, please contact us immediately at [email protected] and we will investigate the matter.
We do not knowingly collect personal information from children under the age of 13. If we learn that we have personal information on a child under the age of 13, we will delete that information from our systems. OptimumSleep encourages parents to go online with their kids. Here are a few tips to help make a child’s online experience safer:
Teach kids never to give personal information, unless supervised by a parent or responsible adult. Includes name, address, phone, school, etc. Know the sites your kids are visiting and which sites are appropriate. Look for Web site privacy policies. Know how your child’s information is treated. Check out the FTC’s site: http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/index.html for more tips on protecting children’s privacy online.
Changes to this Policy:
OptimumSleep reserves the right to change this policy at any time. Please check this page periodically for changes. Your continued use of our site following the posting of changes to these terms will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.
This policy and the use of this Site are governed by Delaware law. If a dispute arises under this Policy we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Delaware. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Delaware, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
OptimumSleep is controlled, operated and administered entirely within Delaware. This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.
We can be reached by contacting us from: