Welcome to the website of Toby's Mattress Superstore (hereinafter "We", "Us", "Our"). We thank You (any visitor to Our website and hereinafter "You" or "Your") for visiting Our website and considering Our products and services.
Non-Personal Information When You use Our website, Our servers may automatically collect certain Non-Personal Information such as: Your IP address, Your operating system or Your browser.
Personal Information Collected The Personal Information We may collect and store is the information that You voluntarily disclose to Us upon registration or ordering, including but not limited to; any information that identifies, relates to, describes, or is capable of being associated with a particular individual.
Whether or not You submit the following information to Us, "Personal information" shall mean any information concerning a natural person which, because of name, number, personal mark, or other identifier, can be used to identify such natural person; including but not limited to:
No Information Collected from Children We do not intentionally collect Personal Information from people who have not yet reached the age of majority in their jurisdiction. If you have not yet reached the age of majority in Your jurisdiction please leave our site immediately.
Storage and Security of Personal Information
Data Protection Officer We have designated a Data Protection Officer (DPO) for Us who has the duty to: Ensure by contract that third parties to whom the company transfers personal information will adequately protect the information and use it only for specified lawful purposes; protect Your personal data using appropriate security measures; notify authorities of personal data breaches; obtain appropriate consents for processing data; keep records detailing data processing; train privacy personnel and employees. Please feel free to contact Our Data Protection Officer by email to firstname.lastname@example.org.
Information Storage We store Your Personal Information on Our computers, and We believe We have reasonable security measures in place including administrative, technical and physical safeguards that are appropriate for the size and complexity of Our business to protect Your Personal Information including encryption of any personally identifying information. However, We cannot guarantee that Our security measures will prevent Our computers from being accessed without authorization and Your Personal Information stored on them stolen, deleted or changed. We assume no responsibility for such unauthorized actions.
You hereby agree that We may store Your data on Our servers located within the U.S. or anywhere in the cloud.
Security Breach Notice For any unencrypted data that We maintain that includes Personal Information, We will notify You of any unencrypted Personal Information that was, or is reasonably believed to have been, acquired by an unauthorized person. In the unlikely event that We do have a data breach We will be contacting Your state’s office of the Attorney General to report the breach and follow their instructions concerning communication with You and the repair that is required.
Disposal of Customer Records
When the time comes to dispose of Customer Records; We will shred, erase or otherwise modify the personal information when disposing of Customer Records under Our control.
How We Use Your Information
We may use Your Personal Information for any legal purpose in Our sole discretion, including but not limited to; membership, registration, log-in, or order fulfillment purposes. We may also use Your Personal Information to contact You by phone, U.S. mail, texts or email.
Dissemination of Individual Information
We may transfer Personal Information to third parties for order fulfillment, to respond to Legal Processes or governmental requests for information, or for any other legal purpose.
Do Not Track Requests
While Your browser may contain a "do not track" signal or other mechanism that provides You the ability to exercise choice regarding the collection of personally identifiable information or about Your Internet activities over time and across third-party sites or online services, Our systems are not set up to accommodate Your browser’s request.
Special Information for Nevada Residents
If You are a resident of the state of Nevada and a customer of Ours, You have the right to opt out of any "sale" of Your Personal Information. Simply write Us an email to email@example.com and We will remove Your Personal Information with-in 60 days and confirm this removal to You before any sale of Personal Information is made.
The California Consumer Privacy Act of 2018, grants, a consumer various rights with regard to personal information relating to that consumer that is held by a business, including the right to request a business to delete any personal information about the consumer collected by the business, and requires the business to comply with a verifiable consumer request to that effect, unless it is necessary for the business or service provider to maintain the customer’s personal information in order to carry out specified acts.
The Personal Information We collect and store is the information that You voluntarily disclose to Us upon registration or ordering, including but not limited to; information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
Whether or not You submit the following information to Us, "Personal information" shall include any information concerning a natural person which, because of name, number, personal mark, or other identifier, can be used to identify such natural person; including but not limited to:
Your Personal Data is being collected when required for the functionality of Our website; as well as for the purpose of fulfilling Your order and processing Your payment. Shipping and payment processing may be provided by a third party to whom We will provide Your data for this purpose.
You have the right to request that We disclose to You the categories and specific pieces of personal information We have collected about You. If We receive a verifiable request from You to access Your personal information, We shall promptly take steps to disclose and deliver them to You, free of charge within 45 days (with a 45 day extension under certain conditions.) The information may be delivered by mail or electronically. Further, You have the right to request that We delete Your personal information with certain exceptions like the need to complete a transaction. This information shall cover the 12-month period preceding Our receipt of the verifiable consumer request and shall be made in writing and delivered through the consumer’s account with Us if You maintain an account with Us, or by mail or electronically at the consumer’s option if the consumer does not maintain an account. We are not obligated to provide the information requested by You more than twice in a 12-month period.
You shall have the right to request that if We sell Your personal information, or if We disclose it for a business purpose, that We inform You:
|(1)||The categories of personal information that the business collected about You.|
|(2)||The categories of personal information that We sold about You and the categories of third parties to whom the personal information was sold, by category or categories of personal information for each third party to whom the personal information was sold.|
|(3)||The categories of personal information that We disclosed about You for a business purpose.|
|(b)||A business that sells personal information about a consumer, or that discloses a consumer’s personal information for a business purpose, shall disclose, the information to You upon receipt of a verifiable consumer request from You.|
You have the right to opt-out of any sale of Your information. To facilitate this right there is an opt-out button on Our home page entitled "Do Not Sell My Personal Information." Notwithstanding this provision, We may transfer to a third party the personal information of a consumer as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of the business.
We do not intentionally collect Personal Information from people who have not yet reached the age of majority in their jurisdiction. If you have not yet reached the age of majority in Your jurisdiction please leave our site immediately.
We will not discriminate against You because You exercised any of Your rights under the CCPA, including, but not limited to, by:
However, nothing in CCPA prohibits Us from charging You a different price or rate, or from providing a different level or quality of goods or services to You, if that difference is reasonably related to the value provided to You by Your data. We may offer financial incentives, including payments to You as compensation, for the collection of personal information, the sale of personal information, or the deletion of personal information. We may also offer a different price, rate, level, or quality of goods or services to You if that price or difference is directly related to the value provided to You by Your data. We may offer financial incentives to You only if You give Us prior opt-in consent which clearly describes the material terms of the financial incentive program, and which may be revoked by You at any time.
The obligations imposed on Us by the CCPA shall not restrict Us to:
|(1)||Comply with federal, state, or local laws.|
|(2)||Comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities.|
|(3)||Cooperate with law enforcement agencies concerning conduct or activity that the business, service provider, or third party reasonably and in good faith believes may violate federal, state, or local law.|
|(4)||Exercise or defend legal claims.|
|(5)||Collect, use, retain, sell, or disclose consumer information that is deidentified or in the aggregate consumer information.|
We have designated a Data Protection Officer for Us who has the duty to: Ensure by contract that third parties to whom the company transfers personal information will adequately protect the information and use it only for specified lawful purposes; protect Your personal data using appropriate security measures; notify authorities of personal data breaches; obtain appropriate consents for processing data; keep records detailing data processing; train privacy personnel and employees. Please feel free to contact Our Data Protection Officer by email to firstname.lastname@example.org with any questions You may have.
Not for use by Residents of the European Union
We do not accept customers who are residents of the European Union. This website may not be used by any resident of the European Union.