Last updated: April 16, 2020
This Privacy Policy describes Our policies and procedures on the collection, use
and disclosure of Your information when You utilize Bedheadpjs.com (the “Service”) and tells
You about Your privacy rights and how the law protects You.
We use Your Personal data to provide and improve the Service. By using the
Service, You agree to the collection and use of information in accordance with this Privacy
Policy.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under
the following conditions.
The following definitions shall have the same meaning regardless of whether they
appear in singular or in plural.
Definitions
For the purposes of this Privacy Policy:
- You means the individual accessing or using the Service, or the company, or other
legal entity on behalf of which such individual is accessing or using the Service, as
applicable.
Under GDPR (General Data Protection Regulation), You can be referred to as the
Data Subject or as the User as you are the individual using the Service.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this
Agreement) refers to Charles Komar & Sons, Inc., 90 Hudson Street, Jersey City, NJ
07302.
For the purpose of the GDPR, the Company is the Data Controller.
- Affiliate means an entity that controls, is controlled by or is under common
control with a party, where "control" means ownership of 50% or more of the shares,
equity interest or other securities entitled to vote for election of directors or other
managing authority.
- Account means a unique account created for You to access our Service or parts of
our Service.
- Website refers to BedHead Pajamas, accessible from http://www.bedheadpjs.com
- Country refers to: United States
- Service Provider means any natural or legal person who processes the data on
behalf of the Company. It refers to third-party companies or individuals employed by the
Company to facilitate the Service, to provide the Service on behalf of the Company, to
perform services related to the Service or to assist the Company in analyzing how the
Service is used.
For the purpose of the GDPR, Service Providers are considered Data Processors.
- Third-party Social Media Service refers to any website or any social network
website through which a User can log in or create an account to use the Service.
- Facebook Fan Page is a public profile named BedHead Pajamas specifically created
by the Company on the Facebook social network, accessible from https://www.facebook.com/Bedheadpajamas/
- Personal Data is any information that relates to an identified or identifiable
individual.
For the purposes for GDPR, Personal Data means any information relating to You
such as a name, an identification number, location data, online identifier or to one or more
factors specific to the physical, physiological, genetic, mental, economic, cultural or
social identity.
For the purposes of the CCPA, Personal Data means any information that
identifies, relates to, describes or is capable of being associated with, or could
reasonably be linked, directly or indirectly, with You.
- Cookies are small files that are placed on Your computer, mobile device or any
other device by a website, containing the details of Your browsing history on that
website among its many uses.
- Usage Data refers to data collected automatically, either generated by the use of
the Service or from the Service infrastructure itself (for example, the duration of a
page visit).
- Data Controller, for the purposes of the GDPR (General Data Protection
Regulation), refers to the Company as the legal person which alone or jointly with
others determines the purposes and means of the processing of Personal Data.
- Do Not Track (DNT) is a concept that has been promoted by US regulatory
authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet
industry to develop and implement a mechanism for allowing internet users to control the
tracking of their online activities across websites.
- Business, for the purpose of the CCPA (California Consumer Privacy Act), refers
to the Company as the legal entity that collects Consumers' personal information and
determines the purposes and means of the processing of Consumers' personal information,
or on behalf of which such information is collected and that alone, or jointly with
others, determines the purposes and means of the processing of consumers' personal
information, that does business in the State of California.
- Consumer, for the purpose of the CCPA (California Consumer Privacy Act), means a
natural person who is a California resident. A resident, as defined in the law, includes
(1) every individual who is in the USA for other than a temporary or transitory purpose,
and (2) every individual who is domiciled in the USA who is outside the USA for a
temporary or transitory purpose.
- Sale, for the purpose of the CCPA (California Consumer Privacy Act), means
selling, renting, releasing, disclosing, disseminating, making available, transferring,
or otherwise communicating orally, in writing, or by electronic or other means, a
Consumer's Personal information to another business or a third party for monetary or
other valuable consideration.
Collecting and Using Your
Personal Data
Types of Data Collected
Personal Data
While using Our Service, We may ask You to provide Us with certain personally
identifiable information that can be used to contact or identify You. Personally
identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Usage Data
Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol
address (e.g. IP address), browser type, browser version, the pages of our Service that You
visit, the time and date of Your visit, the time spent on those pages, unique device
identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect
certain information automatically, including, but not limited to, the type of mobile device
You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile
operating system, the type of mobile Internet browser You use, unique device identifiers and
other diagnostic data.
We may also collect information that Your browser sends whenever You visit our
Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to track the activity on Our
Service and store certain information. Tracking technologies used are beacons, tags, and
scripts to collect and track information and to improve and analyze Our Service.
You can instruct Your browser to refuse all Cookies or to indicate when a Cookie
is being sent. However, if You do not accept Cookies, You may not be able to use some parts
of our Service.
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on
your personal computer or mobile device when You go offline, while Session Cookies are
deleted as soon as You close your web browser. Learn more about cookies:
We use both session and persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with
services available through the Website and to enable You to use some of its features. They
help to authenticate users and prevent fraudulent use of user accounts. Without these
Cookies, the services that You have asked for cannot be provided, and We only use these
Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use
of cookies on the Website.
Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make
when You use the Website, such as remembering your login details or language preference. The
purpose of these Cookies is to provide You with a more personal experience and to avoid You
having to re-enter your preferences every time You use the Website.
Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track information about
traffic to the Website and how users use the Website. The information gathered via these
Cookies may directly or indirectly identify you as an individual visitor. This is because
the information collected is typically linked to a pseudonymous identifier associated with
the device you use to access the Website. We may also use these Cookies to test new
advertisements, pages, features or new functionality of the Website to see how our users
react to them.
Targeting and Advertising Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies track your browsing habits to enable Us
to show advertising which is more likely to be of interest to You. These Cookies use
information about your browsing history to group You with other users who have similar
interests. Based on that information, and with Our permission, third party advertisers can
place Cookies to enable them to show adverts which We think will be relevant to your
interests while You are on third party websites.
For more information about the cookies we use and your choices
regarding cookies, please visit our Cookies Policy.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
- To provide and maintain our Service, including to monitor the usage of our
Service.
- To manage Your Account: to manage Your registration as a user of the Service. The
Personal Data You provide can give You access to different functionalities of the
Service that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of
the purchase contract for the products, items or services You have purchased or of any
other contract with Us through the Service.
- To contact You: To contact You by email, telephone calls, SMS, or other
equivalent forms of electronic communication, such as a mobile application's push
notifications regarding updates or informative communications related to the
functionalities, products or contracted services, including the security updates, when
necessary or reasonable for their implementation.
- To provide You with news, special offers and general information about other
goods, services and events which we offer that are similar to those that you have
already purchased or enquired about unless You have opted not to receive such
information.
- To manage Your requests: To attend and manage Your requests to Us.
We may share your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service
Providers to monitor and analyze the use of our Service, to show advertisements to You
to help support and maintain Our Service, to advertise on third party websites to You
after You visited our Service, for payment processing, to contact You.
- For Business transfers: We may share or transfer Your personal information in
connection with, or during negotiations of, any merger, sale of Company assets,
financing, or acquisition of all or a portion of our business to another company.
- With Affiliates: We may share Your information with Our affiliates, in which case
we will require those affiliates to honor this Privacy Policy. Affiliates include Our
parent company and any other subsidiaries, joint venture partners or other companies
that We control or that are under common control with Us.
- With Business partners: We may share Your information with Our business partners
to offer You certain products, services or promotions.
- With other users: when You share personal information or otherwise interact in
the public areas with other users, such information may be viewed by all users and may
be publicly distributed outside. If You interact with other users or register through a
Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service
may see Your name, profile, pictures and description of Your activity. Similarly, other
users will be able to view descriptions of Your activity, communicate with You and view
Your profile.
Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is necessary for
the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to
the extent necessary to comply with our legal obligations (for example, if we are required
to retain your data to comply with applicable laws), resolve disputes, and enforce our legal
agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage
Data is generally retained for a shorter period of time, except when this data is used to
strengthen the security or to improve the functionality of Our Service, or We are legally
obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's
operating offices and in any other places where the parties involved in the processing are
located. It means that this information may be transferred to — and maintained on —
computers located outside of Your state, province, country or other governmental
jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such
information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data is
treated securely and in accordance with this Privacy Policy and no transfer of Your Personal
Data will take place to an organization or a country unless there are adequate controls in
place including the security of Your data and other personal information.
Disclosure of Your Personal Data
Business Transactions
If the Company is involved in a merger, acquisition or asset sale, Your Personal
Data may be transferred. We will provide notice before Your Personal Data is transferred and
becomes subject to a different Privacy Policy.
Law enforcement
Under certain circumstances, the Company may be required to disclose Your
Personal Data if required to do so by law or in response to valid requests by public
authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such
action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no
method of transmission over the Internet, or method of electronic storage is 100% secure.
While We strive to use commercially acceptable means to protect Your Personal Data, We
cannot guarantee its absolute security.
Detailed
Information on the Processing of Your Personal Data
Service Providers have access to Your Personal Data only to perform their tasks
on Our behalf and are obligated not to disclose or use it for any other purpose.
Analytics
We may use third-party Service providers to monitor and analyze the use of our
Service.
Google Analytics
Google Analytics is a web analytics service offered by Google
that tracks and reports website traffic. Google uses the data collected to track and monitor
the use of our Service. This data is shared with other Google services. Google may use the
collected data to contextualise and personalise the ads of its own advertising network.
You can opt-out of having made your activity on the Service
available to Google Analytics by installing the Google Analytics opt-out browser add-on. The
add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing
information with Google Analytics about visits activity.
For more information on the privacy practices of Google, please
visit the Google Privacy Terms web page.
Advertising
We may use Service providers to show advertisements to You to help support and
maintain Our Service.
Google AdSense DoubleClick Cookie
Google, as a third party vendor, uses cookies to serve ads on
our Service. Google's use of the DoubleClick cookie enables it and its partners to serve ads
to our users based on their visit to our Service or other websites on the Internet.
Email Marketing
We may use Your Personal Data to contact You with newsletters, marketing or
promotional materials and other information that may be of interest to You. You may opt-out
of receiving any, or all, of these communications from Us by following the unsubscribe link
or instructions provided in any email We send or by contacting Us.
We may use Email Marketing Service Providers to manage and send emails to You.
Klaviyo
Klaviyo is an email marketing sending service. For more information on the
privacy practices of Klaviyo, please visit their Privacy policy:
https://www.klaviyo.com/legal
Behavioral Remarketing
The Company uses remarketing services to advertise on third party websites to
You after You visited our Service. We and Our third-party vendors use cookies to inform,
optimize and serve ads based on Your past visits to our Service.
AdRoll
AdRoll remarketing service is provided by Semantic Sugar, Inc.
Payments
We may provide paid products and/or services within the Service. In that case,
we may use third-party services for payment processing (e.g. payment processors).
We will not store or collect Your payment card details. That information is
provided directly to Our third-party payment processors whose use of Your personal
information is governed by their Privacy Policy. These payment processors adhere to the
standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint
effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements
help ensure the secure handling of payment information.
PayPal
Authorize.net
GDPR Privacy
Legal Basis for Processing Personal Data under GDPR
We may process Personal Data under the following conditions:
- Consent: You have given Your consent for processing Personal Data for one or more
specific purposes.
- Performance of a contract: Provision of Personal Data is necessary for the
performance of an agreement with You and/or for any pre-contractual obligations thereof.
- Legal obligations: Processing Personal Data is necessary for compliance with a
legal obligation to which the Company is subject.
- Vital interests: Processing Personal Data is necessary in order to protect Your
vital interests or of another natural person.
- Public interests: Processing Personal Data is related to a task that is carried
out in the public interest or in the exercise of official authority vested in the
Company.
- Legitimate interests: Processing Personal Data is necessary for the purposes of
the legitimate interests pursued by the Company.
In any case, the Company will gladly help to clarify the specific legal basis
that applies to the processing, and in particular whether the provision of Personal Data is
a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Your Rights under the GDPR
The Company undertakes to respect the confidentiality of Your Personal Data and
to guarantee You can exercise Your rights.
You have the right under this Privacy Policy, and by law if You are within the
EU, to:
- Request access to Your Personal Data. The right to access, update or delete the
information We have on You. Whenever made possible, you can access, update or request
deletion of Your Personal Data directly within Your account settings section. If you are
unable to perform these actions yourself, please contact Us to assist You. This also
enables You to receive a copy of the Personal Data We hold about You.
- Request correction of the Personal Data that We hold about You. You have the
right to to have any incomplete or inaccurate information We hold about You corrected.
- Object to processing of Your Personal Data. This right exists where We are
relying on a legitimate interest as the legal basis for Our processing and there is
something about Your particular situation, which makes You want to object to our
processing of Your Personal Data on this ground. You also have the right to object where
We are processing Your Personal Data for direct marketing purposes.
- Request erasure of Your Personal Data. You have the right to ask Us to delete or
remove Personal Data when there is no good reason for Us to continue processing it.
- Request the transfer of Your Personal Data. We will provide to You, or to a
third-party You have chosen, Your Personal Data in a structured, commonly used,
machine-readable format. Please note that this right only applies to automated
information which You initially provided consent for Us to use or where We used the
information to perform a contract with You.
- Withdraw Your consent. You have the right to withdraw Your consent on using your
Personal Data. If You withdraw Your consent, We may not be able to provide You with
access to certain specific functionalities of the Service.
Exercising of Your GDPR Data Protection Rights
You may exercise Your rights of access, rectification, cancellation and
opposition by contacting Us. Please note that we may ask You to verify Your identity before
responding to such requests. If You make a request, We will try our best to respond to You
as soon as possible.
You have the right to complain to a Data Protection Authority about Our
collection and use of Your Personal Data. For more information, if You are in the European
Economic Area (EEA), please contact Your local data protection authority in the EEA.
Facebook Fan Page
Data Controller for the Facebook Fan Page
The Company is the Data Controller of Your Personal Data collected while using
the Service. As operator of the Facebook Fan Page (https://https://www.facebook.com/Bedheadpajamas/)
the Company and the operator of the social network Facebook are Joint Controllers.
The Company has entered into agreements with Facebook that define the terms for
use of the Facebook Fan Page, among other things. These terms are mostly based on the
Facebook Terms of Service: https://www.facebook.com/terms.php
Visit the Facebook Privacy Policy https://www.facebook.com/policy.php for more information
about how Facebook manages Personal data or contact Facebook online, or by mail: Facebook,
Inc. ATTN, Privacy Operations, 1601 Willow Road, Menlo Park, CA 94025, United States.
Facebook Insights
We use the Facebook Insights function in connection with the operation of the
Facebook Fan Page and on the basis of the GDPR, in order to obtain anonymized statistical
data about Our users.
For this purpose, Facebook places a Cookie on the device of the user visiting
Our Facebook Fan Page. Each Cookie contains a unique identifier code and remains active for
a period of two years, except when it is deleted before the end of this period.
Facebook receives, records and processes the information stored in the Cookie,
especially when the user visits the Facebook services, services that are provided by other
members of the Facebook Fan Page and services by other companies that use Facebook services.
For more information on the privacy practices of Facebook, please visit Facebook
Privacy Policy here: https://www.facebook.com/full_data_use_policy
CCPA Privacy
Your Rights under the CCPA
Under this Privacy Policy, and by law if You are a resident of California, You
have the following rights:
- The right to notice. You must be properly notified which categories of Personal
Data are being collected and the purposes for which the Personal Data is being used.
- The right to access / the right to request. The CCPA permits You to request and
obtain from the Company information regarding the disclosure of Your Personal Data that
has been collected in the past 12 months by the Company or its subsidiaries to a
third-party for the third party's direct marketing purposes.
- The right to say no to the sale of Personal Data. You also have the right to ask
the Company not to sell Your Personal Data to third parties. You can submit such a
request by visiting our "Do Not Sell My Personal Information" section or web page.
- The right to know about Your Personal Data. You have the right to request and
obtain from the Company information regarding the disclosure of the following:
- The categories of Personal Data collected
- The sources from which the Personal Data was collected
- The business or commercial purpose for collecting or selling
the Personal Data
- Categories of third parties with whom We share Personal Data
- The specific pieces of Personal Data we collected about You
- The right to delete Personal Data. You also have the right to request the
deletion of Your Personal Data that have been collected in the past 12 months.
- The right not to be discriminated against. You have the right not to be
discriminated against for exercising any of Your Consumer's rights, including by:
- Denying goods or services to You
- Charging different prices or rates for goods or services,
including the use of discounts or other benefits or imposing penalties
- Providing a different level or quality of goods or services
to You
- Suggesting that You will receive a different price or rate
for goods or services or a different level or quality of goods or services.
Exercising Your CCPA Data Protection Rights
In order to exercise any of Your rights under the CCPA, and if you are a
California resident, You can email or call us or visit our "Do Not Sell My Personal
Information" section or web page.
The Company will disclose and deliver the required information free of charge
within 45 days of receiving Your verifiable request. The time period to provide the required
information may be extended once by an additional 45 days when reasonable necessary and with
prior notice.
Do Not Sell My Personal Information
We do not sell personal information. However, the Service Providers we partner
with (for example, our advertising partners) may use technology on the Service that "sells"
personal information as defined by the CCPA law.
If you wish to opt out of the use of your personal information for
interest-based advertising purposes and these potential sales as defined under CCPA law, you
may do so by following the instructions below.
Please note that any opt out is specific to the browser You use. You may need to
opt out on every browser that you use.
Website
You can opt out of receiving ads that are personalized as served by our Service
Providers by following our instructions presented on the Service.
The opt out will place a cookie on Your computer that is unique to the browser
You use to opt out. If you change browsers or delete the cookies saved by your browser, you
will need to opt out again.
Mobile Devices
Your mobile device may give you the ability to opt out of the use of information
about the apps you use in order to serve you ads that are targeted to your interests:
- "Opt out of Interest-Based Ads" or "Opt out of Ads Personalization" on
Android devices
- "Limit Ad Tracking" on iOS devices
You can also stop the collection of location information from Your mobile device
by changing the preferences on your mobile device.
"Do Not Track" Policy as Required by California Online Privacy
Protection Act (CalOPPA)
Our Service does not respond to Do Not Track signals.
However, some third party websites do keep track of Your browsing activities. If
You are visiting such websites, You can set Your preferences in Your web browser to inform
websites that You do not want to be tracked. You can enable or disable DNT by visiting the
preferences or settings page of Your web browser.
Children's Privacy
Our Service does not address anyone under the age of 13. We do not knowingly
collect personally identifiable information from anyone under the age of 13. If You are a
parent or guardian and You are aware that Your child has provided Us with Personal Data,
please contact Us. If We become aware that We have collected Personal Data from anyone under
the age of 13 without verification of parental consent, We take steps to remove that
information from Our servers.
If We need to rely on consent as a legal basis for processing Your information
and Your country requires consent from a parent, We may require Your parent's consent before
We collect and use that information.
Your California Privacy Rights (California Business and Professions
Code Section 22581)
California Business and Professions Code section 22581 allow California
residents under the age of 18 who are registered users of online sites, services or
applications to request and obtain removal of content or information they have publicly
posted.
To request removal of such data, and if you are a California resident, You can
contact Us using the contact information provided below, and include the email address
associated with Your account.
Be aware that Your request does not guarantee complete or comprehensive removal
of content or information posted online and that the law may not permit or require removal
in certain circumstances.
Links to Other Websites
Our Service may contain links to other websites that are not operated by Us. If
You click on a third party link, You will be directed to that third party's site. We
strongly advise You to review the Privacy Policy of every site You visit.
We have no control over and assume no responsibility for the content, privacy
policies or practices of any third party sites or services.
Changes to this Privacy Policy
We may update our Privacy Policy from time to time. We will notify You of any
changes by posting the new Privacy Policy on this page and update the “Last updated” date at
the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes.
Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, You can contact us:
- By email: customerservice@bedheadpjs.com
- By phone number: 844-373-9985