Privacy policy
Drowsy LLC
Privacy Notice
1. General
1.1 Drowsy LLC, trading as Drowsy (“Drowsy LLC”, “we” or “us”) takes the privacy of your information very seriously. Our Privacy Notice is designed to tell you about our practices, as data controller, regarding the collection, use and disclosure of your personal information which may be provided to us via our website, associated apps or other digital products or collected through other means such as an online form, email, or telephone communication.
1.2 This notice applies to personal information provided by our users, whether they are a customer shopping online, browsing the Site or otherwise, and occasionally from third parties. In this notice “you” refers to any individual whose personal data we hold or process (other than our staff).
1.3 In this notice references to the “Site” are references to any website, app or other means by which you provide personal data to us or access our services.
1.4 This notice is governed by the EU General Data Protection Regulation (“GDPR”), Data Protection Act 2018 and any other applicable data or privacy legislation.
2. Legal Basis on which we process personal data
2.1 Personal data we hold about you will be processed either because:
2.1.1 you have consented to the processing for the specific purposes described in this notice;
2.1.2 the processing is necessary in order for us to comply with our obligations under a contract between you and us;
2.1.3 the processing is necessary in pursuit of our “legitimate interests”. A legitimate interest in this context means a valid interest we have or a third party has in processing your personal data which is not overridden by your interests in data privacy and security; or
2.1.4 the processing is necessary for compliance with a legal obligation to which we are subject.
3. Personal data we collect
3.1 We may collect and process the following categories of personal data:
3.1.1 log-in details and information you provide when setting up an account on the Site (“Login Information”);
3.1.2 profile information you provide to us relating to your account or profile with us (“Account Information”);
3.1.3 contact information we collect from you (for example your name, address, telephone number, email address) (“Contact Information”);
3.1.4 information we collect which relates to orders you have placed with us, including products you have ordered, shipping destinations, the price of products you have ordered and any customisation (“Order Information”);
3.1.5 information provided to us relating to payment including credit or debit card details (“Payment Information”);
3.1.6 a record and details of any correspondence or communication between you and us or relating to any complaint submitted to us (“Communication Information”);
3.1.7 details of your visits to the Site, the resources and pages that you access and any searches you make (“Technical Information”). For more information on this, please refer to the Cookies section below;
3.1.8 information about our suppliers such as contact information (“Supplier Information”);
3.1.9 information relating to user generated content which you post to one of our services such as user comments or reviews and/or your responses to surveys, competitions and/or promotions which may contain personal data (“User Generated Information”); and/or
3.1.10 information we may hold about you for marketing purposes such as your name, email address, telephone number and address (“Marketing Information”).
3.2 Generally we collect personal data directly from you, but we may also obtain data from third parties from time to time including database owners. For instance we may licence data from a postcode database in order to ensure efficient shipping. If we do obtain your personal data from a third party your privacy rights under this notice are not affected and you are still able to exercise the rights contained within this notice.
3.3 You do not have to supply any personal information to us but certain functionalities of the Site may not be operable without providing such data to us. In particular we will be unable to fulfil an order without collecting some personal data from you.
3.4 You may withdraw our authority to process your personal data (or request that we restrict our processing – see clause 9) at any time but we will be entitled to complete any orders we are then processing and we may need to withhold some personal data for legal or other reasons (see below).
4. Cookies
4.1 A cookie is a piece of data stored locally on your computer or mobile device and contains information about your activities on the internet. The information in a cookie does not contain any personally identifiable information you submit to our Site.
4.2 On our Site, we use cookies to track users' progress, details of your visits to the Site, resources that you access and any searches you make, allowing us to make various improvements based on usage data. We also use cookies if you log in to one of our online services to enable you to remain logged in to that service. A cookie helps you get the best out of the Site and helps us to provide you with a more customised service.
4.3 We are required to obtain your consent to use cookies and will obtain this consent with a toolbar which appears when you first visit the Site. If you continue to use the Site, having seen this notice, then we assume you are happy for us to use cookies.
4.4 If you choose not to accept the cookies, this will not affect your access to the majority of information available on our Site. However, you will not be able to make full use of our online services.
4.5 Once you close your browser, our access to the cookie terminates. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. To change your browser settings you should go to your advanced preferences.
4.6 An Internet Protocol (IP) address is a number assigned to your computer by your Internet Service Provider (ISP), so you can access the Internet. We may use your IP address to diagnose problems with our server, report aggregate information, and determine the fastest route for your computer to use in connecting to our Site, and to administer and improve the Site.
4.7 We use the Facebook pixel analytics tool in order to gain insight about our users’ behaviour on our Site (including what searches you make and how you are using our services). For more information on how your personal data may be used, please refer to Facebook's Data Policy and cookies and other storage techniques pages. You have the right to opt out of your personal data being used by the Facebook pixel at any time and if you wish to opt out, please refer to the Facebook Help Center.
5. How we process your personal data
5.1 Please see the table below, which sets out the manner in which we will process the different types of personal data we hold:
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Activity/How We Use It |
Type of data |
Lawful basis for processing |
|
When you register with us on the Site |
Login Information Contact Information Account Information |
Consent Necessary for our legitimate interests (to obtain necessary information in order to provide our services)
|
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When you update or amend your account details |
Login Information Contact Information Account Information |
Necessary for our legitimate interests (to obtain necessary information in order to provide our services) |
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When we fulfil an order for products placed with us |
Login Information Contact Information Account Information Order Information Payment Information |
Performance of a contract with you so we can successfully deliver your order Necessary for our legitimate interests (for running our business and to provide you with products and services requested) |
|
When you seek to cancel or change an order |
Login Information Contact Information Order Information Payment Information Communication Information |
Performance of a contract with you so we can successfully amend or cancel your order Necessary for our legitimate interests (for running our business and to provide you with products and services requested and to fulfil our statutory obligations) Necessary to comply with a legal obligation |
|
To manage our relationship with you which will include: (a) Sending you emails including order updates and confirmations (b) Notifying you about changes to our terms or privacy notice (c) Asking you to leave a review or take a survey (d) When you submit a complaint (e) Providing customer service and support |
Login Information Contact Information Order Information Payment Information Communication Information Technical Information User Generated Information |
Performance of a contract with you (such as keeping you updated with the status of your order) Necessary to comply with a legal obligation Necessary for our legitimate interests (for running our business, to keep our records updated and to study how customers use the services we provide, provide you with customer support) |
|
To administer and protect our business, including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data |
Login Information Contact Information Account Information Technical Information |
Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation) Necessary to comply with a legal obligation |
|
To use data analytics to improve the Site, services, marketing, customer relationships and experiences |
Technical Information Communication Information Account Information Order Information User Generated Information |
Necessary for our legitimate interests (for running our business, to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy) |
|
To send marketing communications to you about our products and services. |
Marketing Information Order Information |
Consent Necessary for our legitimate interests in sending marketing communications which for products and services which are similar to those previously purchased by you.
|
|
To manage our relation with our suppliers in relation to the services |
Supplier Information |
Performance of a contract with you so we can successfully deliver your order
Necessary for our legitimate interests (for running our business and to provide you with products and services requested) |
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Data Retention
6.1 Our current data retention policy is to delete or destroy (to the extent we are able to) the personal data we hold about you in accordance with the following:
|
Category of personal data |
Length of retention |
|
Records relevant for tax purposes |
8 years from the end of the tax year to which the records relate |
|
Personal data processed in relation to a contract between you and us |
7 years from either the end of our contract or the date you last used our services or placed an order with us |
|
Marketing Information |
3 years from the last date on which you have interacted with us. |
6.2 For any category of personal data not specifically set out in this section or notice, and unless otherwise specified by applicable law, the required retention period for any personal data will be deemed to be 7 years from the date of receipt by us of that data.
6.3 The retention periods stated in this notice can be prolonged or shortened as may be required (for example, in the event that legal proceedings apply to the data or if there is an on-going investigation into the data).
6.4 We review the personal data (and the categories of personal data) we are holding on a regular basis to ensure the data is still relevant to our business and is accurate. If we discover that certain personal data we are holding is no longer necessary or accurate, we will take reasonable steps to correct or delete this data as may be required.
6.5 If you wish to request that data we hold about you is amended or deleted, please refer to clause 9 below, which explains your privacy rights.
7. Sharing your information
7.1 We do not disclose any personal data you provide to any third parties other than as follows:
7.1.1 if you place an order, personal information relevant to your delivery will be provided to our shipping or delivery partner;
7.1.2 we may host personal data with third party hosting partners or other service and technology providers;
7.1.3 certain third party suppliers including payment or technical support providers may have access to personal data in order for us to be able to provide our services to you in an efficient and secure manner;
7.1.4 where we carry out research or data analysis to gain insight into the use or improvement of our services and products, we may share the results of this research with third parties. We will only share aggregated or anonymised results (which do not contain your personal data);
7.1.5 we may share some of your personal data with Facebook for the purpose of using the Facebook pixel analytics tool. Personal Data that may be shared includes your full name and email address. For more information on how your personal data is used, please refer to clause 4.7 above;
7.1.6 if we are under a duty to disclose or share your personal data in order to comply with any legal obligation (for example, if required to do so by a court order or for the purposes of prevention of fraud or other crime);
7.1.7 in order to enforce any terms and conditions or agreements for our services that may apply;
7.1.8 we may transfer your personal information to a third party as part of a sale of some or all of our business and assets to any third party or as part of any business restructuring or reorganisation, but we will take steps with the aim of ensuring that your privacy rights continue to be protected;
7.1.9 to protect our rights, property and safety, or the rights, property and safety of our users or any other third parties. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction;
7.1.10 if we are sub-contracting services to a third party we may provide information to that third party in order to provide the relevant services;
7.2.0 we may disclose your personal data to our group companies for our legitimate business purposes.
7.2 Other than as set out above, we shall not disclose any of your personal information unless you give us permission to do so. If we do supply your personal information to a third party we will take steps to ensure that your privacy rights are protected and that third party complies with the terms of this notice.
8. Security
8.1 We will take all reasonable steps to ensure that appropriate technical and organisational measures are carried out in order to safeguard the information we collect from you and to protect it against unlawful access and accidental loss or damage. These measures may include (as necessary):
8.1.1 protecting our servers by both hardware and software firewalls;
8.1.2 locating our data processing storage facilities in secure locations;
8.1.3 encrypting all data stored on our server with an industry standard encryption method that encrypts the data between your computer and our server so that in the event of your network being insecure no data is passed in a format that could easily be deciphered;
8.1.4 when necessary, disposing of or deleting your data in a secure manner;
8.1.5 regularly backing up and encrypting all data we hold.
8.2 We will ensure that our employees and staff are aware of their privacy and data security obligations. We will take reasonable steps to ensure that the employees and staff of third parties working on our behalf are aware of their privacy and data security obligations.
8.3 This notice and our procedures for handling personal data will be reviewed as necessary.
8.4 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Site. Accordingly, any such transmission is at your own risk. Once we have received your information, we will use the strict procedures and security features referred to in this clause to try and prevent any unauthorised access.
9. Your privacy rights
9.1 The GDPR gives you the following rights in respect of personal data we hold about you:
|
The right to be informed |
You have a right to know about our personal data protection and processing activities, details of which are contained in this notice. |
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The right of access |
You can make what is known as a Subject Access Request (“SAR”) to request information about the personal data we hold about you (free of charge, except that we may charge you a reasonable fee in the event of a repeat or complex request). If you wish to make a SAR please contact us using the details below. |
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The right to correction |
Please inform us if information we hold about you is incomplete or inaccurate in any way and we will update our records as soon as possible, but in any event within one month. We will take reasonable steps to communicate the change to any third parties to whom we have passed the same information. |
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The right to erasure (the ‘right to be forgotten’) |
Please notify us if you no longer wish for us to hold personal data about you (although in practice, it is unlikely we can provide our services to you without holding your personal data). Unless we have reasonable grounds to refuse the request for erasure, on receipt of such a request we will securely delete the personal data in question within one month. The data may continue to exist in certain backup systems, but we will take steps to ensure that it will not be accessible. We will communicate the erasure to any third parties to whom we have passed your information. |
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The right to restrict processing |
You can request that we no longer process your personal data in certain ways. |
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The right to data portability |
You have right to receive copies of personal data we hold about you in a commonly used and easily storable format (please let us know a format which suits you). You may also request that we transfer your personal data directly to third party (where technically possible). |
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The right to object |
Unless we have overriding legitimate grounds for such processing, you may object to us using your personal data if you feel your fundamental rights and freedoms are impacted. You may also object if we use your personal data for direct marketing purposes (including profiling) or for research or statistical purposes. Please notify your objection to us and we will gladly cease such processing, unless we have overriding legitimate grounds. |
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Rights with respect to automated decision-making and profiling |
You have a right not to be subject to automated decision-making (including profiling) when those decisions have a legal (or similarly significant effect) on you. You are not entitled to this right when the automated processing is necessary for us to perform our obligations under a contract with you, when it is permitted by law, or if you have given your explicit consent. |
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Right to withdraw consent |
If we are relying on your consent as the basis on which we are processing your personal data, you have the right to withdraw your consent at any time. Even if you have not expressly given your consent to our processing, you also have the right to object (see above). |
9.2 All SARs and other requests or notifications in respect of your above rights must be sent to us in writing to Drowsy LLC at [support@drowsysleepco.com].
9.3 We will endeavour to comply with such requests as soon as possible but in any event within one month of receipt (unless a longer period of time to respond is reasonable by virtue of the complexity or number of your requests).
10. Data Breaches
10.1 If personal data we hold about you is subject to a breach or unauthorised disclosure or access, we will report this to the Information Commissioner’s Office (ICO).
10.2 If a breach is likely to result in a risk to your data rights and freedoms, we will notify you as soon as possible.
11. Other websites
11.1 Our Sites may contain links and references to other websites. Please be aware that this notice does not apply to those websites and we are not responsible or liable in any way in relation to the content of those links or references.
11.2 We cannot be responsible for the privacy policies and practices of sites that are not operated by us, even if you access them via the Site. We recommend that you check the policy of each site you visit and contact its owner or operator if you have any concerns or questions.
11.3 In addition, if you came to this Site via a third party site, we cannot be responsible for the privacy policies and practices of the owners or operators of that third party site and recommend that you check the policy of that third party site and contact its owner or operator if you have any concerns or questions.
12. Transferring your information outside the UK and European Economic Area (EEA)
12.1 As part of the services provided to you, the information you provide to us may be transferred to, processed and stored in, countries or international organisations outside of the EEA (including the UK).
12.2 We have customers who are outside of the EEA and in those circumstances personal data will be transferred outside of the EEA (for instance to shipping partners).
12.3 We will not transfer the personal data of EEA customers in a systematic way outside of the EEA but there may be circumstances in which certain personal information is transferred outside of the EEA, in particular:
12.3.1 If you use our Site or place an order with us while you are outside the EEA, your information may be transferred outside the EEA in order to provide you with products and services;
12.3.2 We may communicate with individuals or organisations outside of the EEA in delivering our services and those communications may include personal information (such as contact information). For example you may be outside of the EEA when we communicate with you;
12.3.3 Some of our server providers or other data processors may be based outside of the EEA. In this case, we will ensure we have an agreement in place with them to provide adequate data protection safeguards and the means to obtain a copy of such safeguards or information on where they are available will be provided to you on request;
12.3.4 From time to time your information may be stored in devices which are used by our staff outside of the EEA (but staff will be subject to our cyber-security policies).
12.4 If we transfer your information outside of the EEA, and the third country or international organisation in question has not been deemed by the EU Commission to have adequate data protection laws, we will ensure appropriate safeguards are in place and we will be responsible for ensuring your privacy rights continue to be protected as outlined in this notice.
12.5 By submitting your personal information to us you agree to the transfer, storing and processing of your information outside the EEA in the manner described above.
13. Notification of changes to the contents of this notice
13.1 We will post details of any changes to our policy on the Site to help ensure you are always aware of the information we collect, how we use it, and in what circumstances, if any, we share it with other parties.
14. Contact us
14.1 If at any time you would like to contact us with your views about our privacy practices, or with any enquiry or complaint relating to your personal information or how it is handled, you can do so via the following addresses: Drowsy at [support@drowsysleepco.com]
If we are unable to resolve any issues you may have or you would like to make a complaint, you can contact the Information Commissioner’s Office by visiting http://www.ico.org.uk/ for further assistance.