City Mattress Privacy Policy

Last Updated: April 27, 2022

Introduction

Thank you for visiting City Mattress.com. CM Management, Inc., its subsidiaries and affiliates (“City Mattress”) is committed to protecting the privacy and security of your information. This Privacy Policy (“Privacy Policy”) explains how City Mattress ("City Mattress" “we,” “us” or “our”) and other online or mobile platforms  (collectively, “Websites”) collects, uses, processes, discloses, shares, and retains your personal information when you access or use our Websites or other services related to the purchase of mattresses and associated products we provide (collectively, our “Services”), when you provide your information to us in person, or through other means covered under this Privacy Policy. This Privacy Policy also informs you about certain choices and rights you may have associated with your information and how you can personally manage the privacy of your personal information. We take our obligations regarding your privacy seriously and worked to draft this Privacy Policy in a manner that is clear and easy for you to understand. By accessing or using our website and/or services, you agree to this Privacy Policy.

Please note that this Privacy Policy does not apply to the practices of third parties that we do not own or control (such as third-party websites that you may access from our Websites), or to individuals that City Mattress does not employ or manage.  We have no control over or responsibility regarding the information collected from you by others, such as third-party websites that you access through links on our Websites.  Instead, such information practices are governed by those entities’ privacy policies. Please review the privacy policies of any third-party websites for information on how those entities collect and use your information.

Collection of Personal Information

Personal information means any information that identifies, relates to, describes, or could be reasonably associated or linked with a particular person or household. It also includes other information that may be associated with you, such as your usage data, location, preferences, or interests, if that information can be used to identify you, your household, or your device, or any other information as otherwise defined under applicable law. The types of personal information we collect about you depend on your interactions with us and are described in more detail below.

City Mattress collects the following types of information from you and other users who use our Websites or Services:

• Individual Identifiers: includes your name, contact information such as mailing address, phone number, and email address.
• Employment Information for City Mattress Employees: includes employer, user ID, job title, employee ID, hire date, call sign, Social Security information, visa information (as applicable), date of birth, dependent information, and other information related to your employment.
• Mattress Financing Information:
• Payment Information: includes your payment account information utilized for payment and invoice processing. Note that we use third party payment processors to facilitate your payments.
• Usage and Technical Information: Our Website includes features that gather information about how users use it. This assists us with keeping track of preferences, creating a more tailored user experience, and better serving users’ particular interests and needs. This information may include: IP addresses, Website pages viewed and the duration, browser or operating system information, mobile device type, system settings, and aggregate and/or deidentified data related to a person’s interaction with our Website.
• Communications with Us, Preferences, and Other Information you Provide to Us: includes any messages, opinions, and feedback that you provide to us, your user preferences (such as in receiving updates or marketing information), and other information that you share with us when you contact us directly (such as for customer support services).

Please note, that we appreciate all feedback you provide regarding the Website. However, any feedback or comments sent to the Website shall be and remain the exclusive property of City Mattress. We reserve the right to share your feedback with other City Mattress personnel or third parties of our choosing in order to improve our Services to you. We will respond with the information you have requested in a timely manner. 

How We Collect Information

We generally collect personal information, create and maintain records about individuals for our legitimate business purposes and in relation to the Services we provide to you.

1. Personal Information You Provide to Us: We collect information that you decide to share with us. At times, we may require you to provide certain information, including personal information, in order to provide you with Services you request. For example, we collect personal information directly from you when you purchase one of our Services through our Website or one of our stores, engage in our chat function, subscribe to our newsletter, engage with us on social media, or otherwise interact with us or use our Services. For instance, we will require you to provide your name, email address, mailing address, and payment card information when you purchase our Services. We may require you to provide your name, email address, or other contact information when you contact us with a question or comment. In some circumstances, we will not be able to further our relationship with you (for example, to provide you with our Services) without certain personal information. We will inform you at the relevant time if this is the case.

We collect any other information or content you provide to us, such as when you provide feedback about our products or services or make other submissions to us or use other features of our Services that may be offered from time to time, which may require the collection of certain personal information in order to utilize the features. Examples of user content data may include information about your opinions, feedback, preferences, and any other personal information you choose to provide in your interactions with us.

2. Personal Information We Collect Automatically: We automatically collect certain personal information when you access and use our Services. The types of information we collect may include:
   1. Internet Activity. We collect certain information about your internet activity when you use our Website and Services. Examples of such information includes your IP address.
   2. Usage Data. City Mattress collects information about your activity on our Services via cookies.  Please see the “Cookies” section below for more information on cookies and your cookie choices.
3. Personal Information We Collect From Other Sources: We may collect personal information about you from other sources such as publicly available sources, but always in accordance with the authorization procedures and privacy settings you establish with such services.

Cookies

The Website uses cookies - small data files stored by your web browser on your computer's hard drive - to track which areas of our Website are used the most and to help us make our Website more informative and user-friendly.

City Mattress has the right to receive, store and use the information you enter on CityMattress.com or which is collected during your visit to our Website. Such information may include the date and time of your visit, pages accessed, the web browser you use, the internet address of any web site from which you linked directly to our website and related information, and will generally not personally identify you.

The Site uses the following types of cookies:

• 'Session cookies' which are stored only temporarily during a browsing session in order to allow normal use of the system and are deleted from your device when the browser is closed;
• 'Persistent cookies ' which are read only by the Website, saved on your computer for a fixed period and are not deleted when the browser is closed. Such cookies are used where we need to know who you are for repeat visits, for example to allow us to store your preferences for the next sign-in;
• 'Third party cookies' which are set by other online services who run content on the page you are viewing, for example by third party analytics companies who monitor and analyze our web access.

     Your Cookie Choices

When it comes to how you want to use or allow cookies to be used or allowed on your devices, you are in control. Most internet browsers are initially set to accept cookies. You may set your browser to block or otherwise control what cookies your browser or mobile device accepts via your browser or mobile device settings.  Additionally, you can choose to modify your settings and delete those cookies that are otherwise stored on your device.  Please note that, if you choose not to accept cookies, some Website features and the personalization of our Services may no longer work for you. You will continue to receive advertising material but it will not be tailored to your interests. Please consult the instructions provided by your browser or your mobile device’s manufacturer to determine how you can limit the placement of and/or remove cookies or other technologies.

How We Use Your Information

City Mattress may use the information it collects in a variety of ways for its business or commercial purposes, such as to:

• Fulfill your requests;
• Facilitate your movement through the Website;
• Facilitate your use of the Website’s features, products, and/or Services;
• Send you communications such as administrative e-mails, promotional e-mails, answers to your questions, and updates about the Website;
• Provide you with information about City Mattress and our businesses, products, and Services by letter, e-mail, or other forms of communication;
• Improve the Website and/or the Website’s content, features, and/or services;
• Improve City Mattress’s Services, and/or marketing efforts;
• Create new City Mattress’s Services and/or marketing efforts;
• Analyze traffic to and through the Website;
• Analyze user behavior and activity on or through the Website;
• Monitor the activities of you and others on or through the Website;
• Protect or enforce City Mattress’s rights and properties;
• Protect or enforce the rights and properties of others;
• Where you otherwise have given City Mattress your consent and permission to do so; and
• Comply with applicable laws, in response to a lawful and enforceable request by a law enforcement, judicial, or other public authority, or in connection with an applicable legal obligation.

How We Share Your Information

We may share or disclose your personal information to help provide our Services to you.  For instance, we may share your information with our service providers to respond to your requests or to provide customer service.  We may also provide your personal information to third party service providers who assist us in providing certain services.  For example, we may share the information we collect from you with our cloud hosting service providers.

We may also disclose or share your information for the following purposes:

• To facilitate and improve the quality and marketing of our Services.
• To protect our users and network against fraud and security threats.
• To comply with a legal obligation.
• To protect and defend our rights or property.
• To analyze the effectiveness of marketing efforts.
• To prevent or investigate possible wrongdoing in connection with the Services.
• To protect the personal safety of individuals or the public.
• To protect against legal liability.
• When there is a good faith belief that such action is necessary to investigate or protect against harmful activities to our guests, visitors, associates, or property (including the Websites), or to others. This may include disclosures to law enforcement to investigate potential criminal activity or other civil violations.

We may share your information with the following types of entities and third parties:

• Service Providers: City Mattress may engage fulfillment companies, service providers, individuals, and agents to facilitate and help us provide our Services. Such service providers perform tasks, services, or functions on our behalf, or assist us in analyzing how our Services are used or delivered. Such as financing, marketing, shipping, delivery, web hosting or development, technical support and other support services. City Mattress reserves the right to provide personal information to such companies to the extent it may be necessary for them to provide services to or on behalf of City Mattress. Any such companies must agree to maintain the confidentiality of any personal information we may provide to them and are contractually obligated not to disclose or use it for any other purpose. Such companies may also collect personal information directly from you in connection with providing their services, and they will have the right to provide that personal information to us. Such other companies may not use your private or personal information for purposes other than providing services through or on behalf of City Mattress.
• Law Enforcement or Other Lawful Authority: We may from time to time be required to provide information to law enforcement or other governmental authorities pursuant to a warrant, court order, or other lawful process. 

Over the last 12 months, we have shared the following types of personal information:

Category of Information	Examples of Information Shared or Disclosed	Categories of Recipients
Identifying Information	Real name, mailing address, email address, phone number, and other identifiers.	Our clients, our service providers, and government entities (where required by law)
Usage and Technical Information	Information about your interaction with our Website and content on third-party sites or platforms, such as social networking sites (e.g. IP address; browsing history; search history; device information; information about user’s interaction with Website, such as scrolling, clicks, and mouse-overs (via cookies, pixel tags, web beacons, transparent GIFs); browser information; operating system and platform; geolocation information; user content (e.g. photos, videos, audio, images, social media /online posts, first-party works).	Our Service Providers, and government entities (where required by law)

 

Categories of Personal Information Sold

We do not sell your personal information to third parties. Please note that “sale” of personal information does not include those instances when such information is part of a merger, acquisition, or other transaction involving all or part of our business.  If we sell all or part of our business, make a sale or transfer of assets, or are otherwise involved in a merger or other business transaction, we may transfer your personal information to a third party as part of that transaction.  If such transaction materially affects the manner in which your personal information is processed, we will notify you of such change prior to its implementation.

How Your Information is Stored, Transferred, and Secured

Data Transfers

City Mattress’s main offices are located in the United States, although we do provide Services to clients in other jurisdictions.  If you are located in the European Economic Area (“EEA”), this will involve transferring your personal information outside of the EEA. Many of our external third parties are based outside of the EEA, so their processing of your personal information will involve a transfer of information outside of the EEA. For example, City Mattress hosts the information it collects at its data center in the United States. As a result, your information may be subject to access requests from governments, courts, law enforcement officials and other lawful authorities in another jurisdiction according to its laws. Subject to the applicable laws, we will use reasonable efforts to ensure that appropriate protections are in place to maintain protections on the personal information.

Retention and Deletion of Personal information

We will retain your personal information for as long as necessary to provide our Services, and as necessary to comply with our legal obligations, resolve disputes, and enforce our policies. Retention periods will be determined taking into account the type of information that is collected and the purpose for which it is collected, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused information at the earliest reasonable time. Under applicable regulations, we will keep records containing client personal information, account opening documents, communications and anything else as required by applicable laws and regulations.

We may rectify or remove incomplete or inaccurate information, at any time and at our own discretion.

Securing Your Information

City Mattress takes the privacy and security of your information seriously, and uses reasonable, appropriate and customary procedures and technologies to help protect the confidentiality of any personal information we collect.  Towards that end, City Mattress employs reasonable administrative, physical, and technical safeguards to protect the information we hold. However, no website, network, or system can be absolutely protected against intentional or malicious intrusion attempts despite our precautions. Furthermore, City Mattress does not control the devices, computer or network through which you access the Website or over which you may choose to send personal information or other information to us, and therefore cannot prevent potential interceptions or compromises to your information while in transit. City Mattress makes no guarantee as to the security, integrity or confidentiality of any information transmitted to or from the Website. City Mattress is committed to safeguarding your information to the best of its ability but cannot guarantee the security of electronic communications or transmission made over the Internet.

“Do Not Track” Signals

We do not support “Do Not Track.” Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable “Do Not Track” by visiting the “Preferences” or “Settings” page of your web browser. 

Third parties may collect data that relates to you.  We cannot control third parties’ responses to do-not-track signals or other such mechanisms. Third parties’ use of data relating to you and responsiveness to do-not-track signals is governed by their respective privacy policies.

Children’s Privacy

All of our Services, including our Websites, are intended for adult audiences, and are not meant to address anyone under the age of 18 (“Children”).  As such, we do not knowingly collect personal information from anyone under the age of 18, and Children under 18 may not use our Sites or any other Services.  If you are under 18, do not attempt to register for or use any of our Services, including our Sites, and do not provide us any personal information about yourself.

If you are a parent or guardian and you are aware that your child has violated this Privacy Policy and provided us with personal information, please contact us. If we become aware that we have collected personal information from Children without verification of parental consent, we will take steps to remove that information from our servers.

Privacy Information for California Residents

City Mattress has in place policies and procedures to facilitate the exercise of privacy rights available to California residents. If you are a California resident, the California Consumer Privacy Act (“CCPA”) requires us to disclose the following information with respect to our collection, use, and disclosure of personal information.

• Your Privacy Rights Subject to certain limitations, you have the following rights under California law:
  • Right to Access: have access to your personal information upon simple request – that is, you may receive a copy of such information upon receipt of a verifiable request, along with other information related to the collection or processing.
  • Right to Disclosure of Direct Marketers: to have access upon simple request, and free of charge, the categories and names/addresses of third parties that have received personal information for direct marketing purposes. 
  • Right to Information About Collecting, Selling, Sharing, or Disclosing Personal Information:  upon receipt of a verifiable request, you may obtain a list of:

1. The specific pieces of your personal information City Mattress holds;
2. The categories of personal information collected about you, sold to third parties, or disclosed to third parties for business purposes;
3. The categories of personal information sold within the last 12 months;
4. The categories of sources from which personal information is collected;
5. The business or commercial purpose for collecting or selling personal information; and
6. The categories of third parties with whom personal information is shared, sold, or disclosed for a business purpose.

• Right to Opt-Out of the Sale of Personal Information: California residents have the right to opt-out of the sale of their personal information under certain circumstances. As noted elsewhere, we do not sell your personal information.
• Right to Deletion:  to obtain the deletion of your personal information in the situations set forth by applicable data protection law and upon receipt of a verifiable request.
• Right to Non-Discrimination.  As defined under relevant law, you have a right to non-discrimination in the Services or quality of Services you receive from us for exercising your rights.

Please contact us utilizing the toll free number or email address listed in the “Contact Us” Section below in relation to exercising these rights.  We will ask you to provide information about yourself so that we can verify your identity as part of this process. This information may include your name, email address, unique mattress identification tag number, and any other information necessary to reasonably verify your identity, to ensure that your information is not shared with anyone impersonating you. Once we have verified your identity, we will work to fulfill your request in a timely manner. Please note there may be some situations in which we are unable to fulfill your request, such as if we cannot find any information about you within our systems. Additionally, we may not be able to honor a deletion request in some situations, such as if your information is necessary to fulfill the Services you requested or meet a legal obligation. We will inform you whether we can fulfill your rights request.

We may ask for additional information if we have difficulty confirming your identity. We will not share your information or honor other requests in those situations in which we are unable to confirm a request for your information is a “verifiable request.”

Under California law a consumer can appoint an “authorized agent” to make certain verifiable requests upon their behalf, such as the right to know what information we collect about the consumer or to request deletion of the consumer’s information. An “authorized agent” may submit a request on behalf of a California resident who has authorized the agent to act on their behalf. Because the security and privacy of your information is paramount, we will ask that you identify such persons and directly confirm that such persons are authorized to act as your agent and exercise your applicable rights under California law in such situations. This may require us to contact you directly and alert you that an individual has claimed to be your agent and is attempting to access or delete your information. We will also independently verify your identity to ensure that an unauthorized person is not attempting to impersonate you and exercise your rights without authorization. We will not share your information or honor any other requests in those situations where you cannot or do not grant permission in writing for an identified authorized agent to act on your behalf, or where we cannot independently verify your identity.

If you are a California resident and have any questions about this Privacy Policy, our practices, your personal information, or your rights and choices under applicable laws, please contact us at the information below.

Your California Privacy Rights Regarding Direct Marketing Information

California residents have the right to request information from a company regarding the manner in which it shares certain categories of personal information with third parties for their direct marketing purposes, in addition to the rights set forth above.  

Under California law, you have the right to send us a request at the designated address listed below in the “Contact Us” section to receive the following information:

• The categories of information we disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year;
• The names and addresses of the third parties that received the information; and
• If the nature of the third party’s business cannot be determined from their name, examples of the products or services marketed.

To make such a request, please provide sufficient information for us to determine if this applies to you, and attest to the fact that you are a California resident.  Please also provide a current California address for our response. You may make this request in writing to us at the address provided in the “Contact Us” Section.  Any such request must include “California Privacy Rights Direct Marketing Information Request” in the first line of the description, and include your name, street address, city, state and ZIP code.  Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through the address provided for this purpose below.

Note that responsive information may be provided in a standardized format that is not specific to you.

City Mattress Mobile Message Service Terms and Conditions

 

 

The City Mattress Mobile Message Service (Short Message Service and Multi-Media Service) is operated by CM Management Inc. Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

 

 

By consenting to CM Management, Inc. SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of City Mattress through your wireless provider to the mobile number you provided. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

 

 

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with City Mattress.

 

 

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

 

 

You may opt-out of the Service at any time. Text the single keyword command STOP to 61378.  You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other CM Management Inc. mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to 61378 email cs@citymattress.com

 

 

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

 

 

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you change your mobile number, you will need to sign up for the program with your new number.

 

 

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

 

 

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice https://www.citymattress.com/pages/website-policies

The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties

 

 

Contact Us

Please direct any questions you may have about this Privacy Policy to any one of the following:

By mail:

CM Management, Inc

12660 Bonita Beach Road

Bonita Springs, FL 34135

 

By e-mail: privacy@citymattress.com

By Phone:  1-(855) 408-5442

The foregoing contact information may change from time-to-time by modification of this Privacy Policy. 

Updates to this Privacy Policy

City Mattress reserves the right to revise this Privacy Policy from time to time at our sole discretion. Our Website will link to our current Privacy Policy and any changes we make will be reflected  in an update to our Privacy Policy and by revising  the “last updated” date at the top of this Privacy Policy. You are advised to check back to this page periodically to learn of any changes made to our policies. Changes to this Privacy Policy are effective when they are posted on this page.  

Difficulty Accessing Our Privacy Policy

Individuals with disabilities who are unable to usefully access our Privacy Policy online may contact us at the above-listed contact information to inquire how they can obtain a copy of our policy in another, more easily readable format.