By using the Services, including its website, you agree to be bound by the Company’s Legal Disclaimers published on its website that are expressly incorporated into this Agreement by this reference. To access the Legal Disclaimers, visit the Website at www.somnus.com, and then click on the Legal Disclaimers hyperlink.
No Use of the Services by Persons Under 18 Permitted
The Company intends only persons who are 18 years or older to use the Services. Any use of the Services by persons under the age of 18 is strictly prohibited.
Notice Concerning Children
Our Services, including our website, are intended for a mature audience. We do not direct any of our content at children. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a website user is under age 18, we will promptly delete any personal information in that user’s account. Do not supply to us or disclose on the Services any personal information of any person under 18 years of age, as we do not intend to collect information from anyone under 18 or invite them to participate in the Services.
Information Collection Practices
When you visit our Services, we may collect information from or about you.
What Basic Information Does SOMNUS Collect?
We may ask you for certain personal information in order for you to access the Services, or as part of your use of the Services. Such personal information may include, but is not limited to, your name, address, date of birth, age, gender, state of residence, e-mail address, telephone number, financial data (which may include your credit card or debit card number), and other information which identifies you. If you visit one of our retail locations or request product delivery, we may also collect personal information from your government identification card when or if you provide it to us, including your name, address, picture, driver license or other government identification card number, and any other information on your government identification card, as well as video and images that we capture from our security cameras inside and around our retail locations. If you choose to register on our website or via a mobile application, or otherwise create a Member account, you may be required to provide certain personal information. If you do not provide the requested personal information, you may not be able to access or use the features of the Services where such personal information is requested.
From time to time, we may use the standard “cookies” feature of Internet browser applications, which allows us to store a small piece of data on your computer about your visit to our website. We do not set any personally identifiable information in cookies. Cookies help us learn which areas of our website are useful and which areas need improvement. Cookies are small text files stored on users’ hard drives, which often include an anonymous unique identifier. Our website uses both “session ID cookies” and “persistent cookies.” Session ID cookies are used to store information while a user is logged into the site and expire when the user closes their browser. Persistent cookies are used to make tasks like logging into the site easier for returning users by remembering a user’s login information and may be used by your browser on subsequent visits to our website. Persistent cookies stay on a user’s hard drive from one session to the next. Persistent cookies can be removed by following your web browser’s directions for deleting cookies. A session cookie is temporary and disappears after you close your browser. When you visit our website, our computer may ask your computer for permission to employ the use of a session or persistent cookie. Our website will then send a cookie to your browser if your browser’s preferences allow it. You can choose whether to accept cookies by changing the settings on your browser. However, if you choose to disable this function, your experience at our website may be diminished and some features may not work as they were intended.
IP Address and Telemetry Data
When you visit us, our Internet servers automatically collect data about your Internet Protocol address (“IP Address”), which is the network address of your computer, phone, or other computing device. When you visit our website, we may also collect “click stream” or “telemetry” data, which is data about your web browser, and the web server and content you are trying to access. For example, our website may record the referring page that linked you to us (e.g., another website or a search engine); the pages you visit on this website; the website you visit after leaving our website; other information about the type of web browser, computer, platform, related software and settings you are using; any search terms you have entered on this website or a referral website; and other web usage activity and data logged by our web servers. This information can be combined with information you have provided to us by registering as a Member, for example, which will enable us to analyze and better customize your visits. We may use telemetry data for internal system administration, to help diagnose problems with our servers, for traffic analysis or e-commerce analysis of our website, to help secure our systems, to customize our Services for you, or to determine which features of our site are most or least effective or useful to you. Such information may also be used to gather demographic information, such as country of origin and Internet Service Provider. We may also aggregate user information in a non-personally identifiable manner to share with advertisers, to enhance the Services, or for general business purposes.
When visiting our website, we may also use “Clear GIFs” (aka “web beacons” or “pixel tags”) or similar technologies in our website and/or in our communications with you. A Clear GIF is typically a one-pixel, transparent image located on a web page or in an e-mail or other type of message, which helps us to verify an individual’s viewing or receipt of a web page or message. Clear GIFs allow us to know whether you have viewed a web page prior to visiting our website and may enable us to relate such information to other information, including your Personal Information. We use information provided from Clear GIFs and similar technologies to enable more accurate reporting, improve the effectiveness of our marketing, and make our Services better for our users.
Use of Your Information
We may use your personal information for a variety of purposes, including to identify you; verify your age; process payments for you; identify your location; facilitate transactions and/or communications, including marketing communications and Services-related communications with you; register you for SOMNUS services, such as a website, mobile application, delivery, or rewards account; maintain current information about your Services usage and accounts; track your accumulation of redeemable rewards based on your product purchase history and Services usage; protect our users, ourselves, our Services, and our affiliates from fraud, theft, hacking, phishing and other unlawful activities; analyze website traffic; diagnose technical problems in our Services; comply with laws and SOMNUS’s policies; conduct website and activity tracking, including Services optimization and personalization; and, generate and study analytics related to your usage of our Services.
Verifying Your Identity
Many jurisdictions require careful verification of identity before allowing you to purchase certainproducts. When you use our Services at a physical location, your government-issued identification card will be physically examined and electronically scanned in order to verify your age and your identification’s validity. Your scanned identification data may be collected, transmitted to, stored at, and analyzed by a third party outside of SOMNUS’s control, and you agree that we cannot be held liable for the third party’s use or disclosure of your data. Once your data has been scanned, your name, address, identification number, photo, and other data may be retained by SOMNUS for the purpose of analyzing your use of SOMNUS’s services, and for creating an electronic profile about you in order to make future verifications of your identity easier, and to help us customize Services and experiences for you.
You permit SOMNUS to collect and use your debit, credit card, or other financial data you provide (“Payment Data”) in order to facilitate payments for SOMNUS Services and products at your request. In order to facilitate payments, your Payment Data may be transmitted to, stored at, and used by third parties for the purposes of processing your payment, analyzing your Payment Data for signs of fraud or criminal activity, and other functions required of third party payment processors. While SOMNUS strives to only hire reliable third parties, you agree that SOMNUScannot be held liable for how your Payment Data is used, retained, or protected while it is in transit to, stored at, or used by third parties that process payments for you. If you ask us to delete your data, note that SOMNUS cannot delete data stored at third party payment processors that must retain Payment Data in order to meet their own compliance requirements.
We collect your IP Address, location data advertised by web browsers and mobile devices, and similar location data to identify your location in order to provide location-based services, such as showing you Services or products available in your area, customizing in-store experiences, delivering products to you at your request, or analyzing your use of our Services. You understand that some of our Services require knowing your location in order to function properly, so if you disable location features of your computer, phone, or browser, some of our Services may not function properly.
Content You Submit
SOMNUS does not own content you write or make. However, if you submit content, pictures, photos, videos, comments, or messages (“User Content”) through SOMNUS’s Services, including our website, you grant SOMNUS the perpetual, irrevocable, and unrestricted right to use, display, perform, edit, transfer, sell, and publish User Content anywhere worldwide on any medium for SOMNUS’s marketing purposes without notice or compensation to you.
The Company will not share your e-mail address with advertisers or unaffiliated third parties without first obtaining your permission.
Disclosure of Personal Information
We may provide your information, including your personal information, to our subsidiaries, affiliated companies, or subcontractors, so such parties can, among other things (a) perform services and/or process such information on our behalf, (b) use the information to offer you greater functionality and enhanced Services or related product and service opportunities, and (c) communicate these opportunities to you. When we do this, the recipients of your information are bound by contracts with us to maintain the privacy of your information. We may share non-personal information (such as anonymous website and/or application use data) with third parties to assist them in understanding our Services, including users’ use of our Services and the services we provide and the success of advertisements and promotions.
Disclosures in the Context of a Sale, Merger, Acquisition, Bankruptcy or Reorganization
Do Not Track
California’s “Do Not Track” Notice. “Do Not Track” (“DNT”) is a preference you can set in your web browser to let the sites you visit know that you do not want them collecting information about you.. For further details regarding DNT, visit donottrack.us.
SOMNUS does not track Services users over time and across third party websites to provide targeted advertising and therefore does not respond to “Do Not Track” signals. Third parties that have content embedded on SOMNUS’s Website may set cookies on a user’s browser and obtain information about the fact that a web browser visited SOMNUS’s Website from a certain IP address. Third parties cannot collect any other personally identifiable information from SOMNUS’s Website unless you provide it to them directly.
SOMNUS’s Services utilize technical, administrative, and physical safeguards to prevent accidental loss of your personal information and from unauthorized access, use alteration, orimproper disclosure of the information that we obtain from you. Such measures include, but are not limited to, access controls, monitoring, and the utilization of encryption to securely transmit sensitive information. Please keep in mind, however, that whenever you give out personal information online or at any store, there is a risk that third parties may intercept and use that information. No security system is 100% secure; SOMNUS does not guarantee information will not be used or disclosed by unauthorized persons and there is always a risk that information stored on our servers or transmitted by you online could be compromised.SOMNUS
Third Party Websites
Our website may contain information pertaining to third party websites or links to other websites. If you choose to visit other websites, we are not responsible for the privacy practices or content of those other websites, and it is your responsibility to review the privacy policies at third party websites to confirm that you understand and agree with their policies.
Rights to Opt-In / Opt-out
You have the right to “opt in” and/or “opt out” of certain uses of your personal information. For example, you may have the opportunity to elect whether you would like to receive correspondence from us and/or unaffiliated third party service providers for their own marketing purposes. Your personal information will not be shared with unaffiliated third party service providers for their own marketing purposes unless consent is given by you. You will have the opportunity to opt out of our promotional e-mails by clicking the “opt out” or “unsubscribe” link in the e-mail you receive. You can also request this by sending an e-mail to email@example.com. Please understand that if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us.
Rights to Access and Control Your Data and Your Choices
You have many choices about how your data is collected, used, and shared. All actions listed below can be accomplished through your account page on the Website.
For personal data that we have about you, you can:
You may contact us at firstname.lastname@example.org, and we will consider your requests in accordance with applicable laws. In some cases, we may not be able to fulfill your request if it violates applicable laws or SOMNUS’s policies. To protect your privacy and security, we take reasonable steps (such as requesting a password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your password and account information at all times.
Note that opting out, or asking that your data be deleted, may disable your access to some or all Services.
Information you have shared with others (e.g. comments, posted reviews, group posts) will remain visible after you closed your account or deleted the information from your own profile, and we do not control the data that other Members may have copied from comments, reviews and/or group posts available in the Services. Review content associated with closed accounts will show an unknown user as the source.
Your California Privacy Rights
California Civil Code Section 1798.83, also known as S.B. 27, allows individual California resident customers who have provided their personal information to us in obtaining products or services for personal, family or household use to request information about our disclosure of certain categories of personal information to third parties for their direct marketing purposes.
Such requests must be submitted to us by contacting us in accordance with the “Contact Us” section below. Within thirty (30) days of receiving an express written request, we will provide a list of the categories of personal information disclosed to third parties for third party direct marketing purposes during the immediately preceding year, along with the names and addresses of those third parties. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted in ways other than those specified above. To learn more about your California privacy rights, visit https://oag.ca.gov/privacy/privacy-laws.
You agree that all claims arising out of or relating to this Policy or any related SOMNUSproducts or services will be governed by Colorado law, excluding Colorado’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of Denver, Colorado, USA.
If you have any questions about the Policy, our practices related to our website, or if you would like to make a request related to your information, please contact us at:
4901 W 136th Street
Leawood, KS 66224
5400 Johnson Drive
Mission, KS 66205
Food And Drug Administration (FDA) Disclaimer
The statements made regarding these products have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. Please consult your health care professional about potential interactions or other possible complications before using any product. The Federal Food, Drug, and Cosmetic Act require this notice.