Effective as of December 31st 2019.
PureCare, LLC (“PureCare”, "we," "us" or "our") is committed to protecting our users’ information and to making our users aware of our online practices regarding the collection and privacy of their information.
Use Prohibited by Users Under 18
THIS SITE IS INTENDED ONLY FOR USERS THAT ARE AT LEAST 18 YEARS OLD AND BY ACCESSING THIS SITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD.
Use of the Site by Residents Outside of the United States
Personally-Identifiable Information of Minors
PureCare’s Site does not knowingly solicit or collect personally-identifiable information from minors. If PureCare learns that a minor has submitted personally-identifiable information to us, in contravention of these measures, it will take all reasonable measures to delete such information from its databases and to not use such information for any purpose (except where necessary to protect the safety of the minor or others as required by law). Please see our Special Notice regarding PureCare’s compliance with the Children’s Online Privacy Protection Act of 1998 (“COPPA”).
Site User Content
Please be aware that generally any information including, without limitation, user content that you post to the Site may be accessible by other users of the Site. Please be sure that any such information is information that you are comfortable sharing with the public.
Note also that we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site.
Information Collected from the Site
Non Personally-Identifiable Information
- Visitors to our Site can access the Site’s home page and browse the Site without disclosing any personally-identifiable information. We may, however, track information provided to us by your browser, including the website you came from (known as the "referring URL"), the type of browser you use, the time and date of access, and other information that does not personally identify you such as what information on the Site you access, utilize or visit.
- We collect personally-identifiable information when you provide it to us through the Site, for example, through the “Contact Us” page of the Site, or if you are a United States resident registering the PURECARE® product(s) you purchased through the “Warranty” page of the Site, such as your name, mailing address, phone number and e-mail address. NOTE: ONLY UNITED STATES RESIDENTS MAY USE THE SITE TO REGISTER THEIR PURECARE® PRODUCT(S) TO OBTAIN A WARRANTY. RESIDENTS OUTSIDE OF THE UNITED STATES ARE PRECLUDED FROM USING THIS PRODUCT REGISTRATION OPTION ON THE SITE.
- We collect personally-identifiable information each time you place an order with us, including information about yourself as well as about your designated recipient(s). This information may include names, mailing addresses, phone numbers, e-mail addresses and relevant shipping information.
- We collect personally-identifiable information when you establish or update a purecare.com account on the Site, such as your name, mailing address, phone number, email address and password. If you provide to us information about a third party recipient, you understand that we are relying upon you to have authority to provide to us that information.
How the Information We Collect from You is Used
Specifically, we may use the personally-identifiable information we collect from you to:
- Include you on our mailing list and provide communications, such as phone calls, e-mails or mailings, which PureCare thinks you may find interesting or useful about its company, its products and services, or that you specifically request.
- Send you user names and/or new passwords to log into your online purecom.com account;
- Perform research and analysis about your use of, or interest in, our products or services;
- Develop and display content tailored to your interests on our Site;
- Manage our business; and/or
- Perform functions in connection with providing our products and services.
We may also maintain a record of your online order history, purchases and the aforementioned personally-identifiable information in connection therewith. In addition, when you submit data to us about other individuals, you thereby agree, represent and warrant to us in each instance that you have obtained consent from each such individual to the submission, transfer and processing of the information.
Sharing of Information
We may share or disclose non-personally identifiable information, whether aggregated or otherwise, with third parties.
SPECIAL NOTICE - California Residents Privacy Rights
This Privacy Notice for California residents applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice.
Use of Personal Information
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing of Personal Information
In the preceding twelve (12) months, we have not sold any personal information.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The Personal Information we collected about you;
- The sources for the personal information we collected about you;
- Our business or commercial purpose for collecting that personal information;
- The categories of third parties with whom we share that personal information;
- The specific pieces of personal information we collected about you (also called a data portability request); and
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- sales, identifying the personal information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you. See below regarding impact on warranties.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
How a Deletion Request Will Affect Your Warranty
If you have purchased a warranty for any of our products, or a mattress that we have provided, and you have made a Deletion Request pursuant to your Delete Request Rights, you acknowledge and agree that your warranty will be null and void and of no further effect. Therefore, please carefully review and consider your product warranty before exercising your Deletion Request Rights. For more information, see https://www.purecare.com/california-ccpa-rights
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
- Calling us at (800) 758-8563;
- E-mailing us at email@example.com.
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Personal Information Sales Opt-Out and Opt-In Rights
We do not sell the personal information of consumers.
HOWEVER, WE MAY PROVIDE CERTAIN INFORMATION TO THE WOMEN’S CHOICE AWARDS.
If you are a California resident, to receive phone calls, emails, and other such distributions from PureCare, please e-mail: firstname.lastname@example.org to receive such correspondence or phone calls and specify, when prompted, your email address and phone number to which such information should be directed, or send by certified mail, a written opt-in election to the attention of our Marketing Director by sending an email to: email@example.com, or by writing to our Marketing Director at: PureCare, LLC, 1402 S. 40th Ave Phoenix, AZ 85009.
If such California residents object to receiving phone calls, emails, and other such distributions from PureCare, or if they do not wish for PureCare to distribute your personally-identifiable information, such as your name and email address to Women’s Choice Award, please e-mail: firstname.lastname@example.org, or send by certified mail, a written opt out election to the attention of our Marketing Director at: PureCare, LLC, 1402 S. 40th Ave Phoenix, AZ 85009. Please note that it may take us up to 5 days to process this request.
Please note that once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize us to provide your personal information to the Women’s Choice Awards.
You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
California Residents – Your Privacy Rights
Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of personally-identifiable information that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the preceding calendar year. In particular, the law provides that companies must inform consumers about the categories of personally-identifiable information that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. All requests in writing for this information should be sent to the attention of our Marketing Director by sending an email to: email@example.com, or by writing to our Marketing Director at: PureCare, LLC, 1402 S. 40th Ave Phoenix, AZ 85009. NOTE:PureCare does not disclose your personally-identifiable information to third parties for direct marketing purposes. Our sharing of your personally-identifiable information with Women’s Choice Award is not done for marketing purposes but is instead shared with Women’s Choice Awards so that it may contact you for participation in a survey or questionnaire.
PureCare has chosen to provide you with a cost-free means to opt-out of such sharing, which you can accomplish by sending a written opt out election to the attention of our Marketing Director by sending an email to: firstname.lastname@example.org, or by writing to our Marketing Director at: PureCare, 1402 S. 40th Ave Phoenix, AZ 85009.
California Do Not Track Disclosures
SPECIAL NOTICE - Sharing Personally-Identifiable Information with Women’s Choice Award
- PureCare has been the recipient of the Women’s Choice Award and its products proudly bear the Women’s Choice Award seal. The receipt of this award was made possible by purchasers of our products, such as you, who took a private survey independently conducted and hosted solely by Women’s Choice Award, and wherein such purchasers indicated that they would highly recommend our products to their family and friends. More information about PureCare’s receipt of this award can be found on the Site at the following link: https://www.purecare.com/about-us/recognitions/.
FROM TIME TO TIME, PURECARE MAY SHARE THE NAMES AND EMAIL ADDRESSES WE COLLECT FROM YOU WITH WOMEN’S CHOICE AWARD (SUBJECT TO THE OPT-OUT PROVISION NOTED BELOW), SO THAT WOMEN’S CHOICE AWARD MAY CONTACT YOU TO COMPLETE QUESTIONNAIRES AND/OR SURVEYS WHICH MAY PROVIDE PURECARE WITH AN OPPORTUNITY TO CONTINUE TO BE NOMINATED FOR THE WOMEN’S CHOICE AWARD.
You may choose to opt out of receiving communications, such as phone calls, e-mails or mailings from PureCare, and/or the distribution of any personally-identifiable information, such as your name and email address from PureCare to Women’s Choice Award, and/or if you wish to have us delete or destroy any names, email addresses, phone numbers, content or communications you send to us or the like, you may use the opt out mechanism that is provided here: email@example.com or send by certified mail, a written opt out election to the attention of our Marketing Director at: PureCare, LLC, 1402 S. 40th Ave Phoenix, AZ 85009.
If a Site user makes this election, all of the Site user’s personally-identifiable information will be removed from PureCare’s servers permanently.
Distribution/Onward Transfer to Third Parties of Personally‑Identifiable Information
How Long We Keep Your Personally-Identifiable Information
We retain the personally-identifiable information you provide to us as long as is reasonably necessary in connection with our business operations and your use of the Site, or for us to provide other services in connection with the Site.
PureCare collects personally-identifiable information that is relevant for the purposes for which it is to be used. PureCare will take reasonable steps intended to ensure that personally-identifiable information is relevant to its intended use, accurate, complete, and current.
PureCare takes reasonable precautions intended to protect personally-identifiable information from loss, misuse and unauthorized access, disclosure, alteration and destruction.
ALTHOUGH PURECARE USES REASONABLE SECURITY PRECAUTIONS WITH RESPECT TO YOUR PERSONALLY-IDENTIFIABLE INFORMATION COLLECTED FROM AND STORED ON OUR SERVERS, PURECARE CANNOT GUARANTEE THAT ANY OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION STORED ON OUR SERVERS, OR TRANSMITTED TO OR FROM THE SITE, WILL BE FREE FROM UNAUTHORIZED ACCESS. TO THE FULLEST EXTENT NOT PROHIBITED BY LAW, PURECARE DISCLAIMS AND SHALL HAVE NO LIABILITY FOR ANY LOSS OF, UNAUTHORIZED ACCESS OR DAMAGE TO, OR INTERCEPTION OF ANY OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION BEING STORED ON OUR SERVERS OR ON THE SITE, OR TRANSMITTED TO OR FROM THE SITE IN CONNECTION WITH THE SITE SERVICES. THIS DISCLAIMER MAY NOT BE ENFORCEABLE IN YOUR JURISDICTION.
SPECIAL NOTICE- The Children’s Online Privacy Protection Act of 1998 (“COPPA”)
This site does not collect, use, or disclose personal information from children under the age of thirteen (13) as defined by COPPA. Please contact PureCare for any inquiries or questions regarding its compliance with COPPA.
Use of Analytics Technology
We use Google Analytics to enhance navigation and functionality of the Site, and to let us know how users are using the Site, so that we can make Site improvements, where necessary. Google Analytics uses “cookies” (as described above) and “web beacons” which are typically images used to pass information from your computer to a website or server. The information about your usage of the Site collected through cookies and web beacons is transmitted to and stored on Google’s servers.
You will be responsible for all taxes associated with your purchases made through the Site, and you will indemnify and hold us harmless from any claims arising from or relating to your failure to pay same. If you fail to render payment as prescribed for any transaction, the transaction will not be completed and your order will not be filled. You understand and agree that we initiate the processing and fulfillment of your transaction as soon as the purchase is processed and approved through PayPal. Accordingly, you agree, to the fullest extent permitted by law, not to stop payment on any transaction processed through the Site. You may, however, return items as provided in our return policy posted on our Site.
Access, Review and Correction Regarding Information
Users can, by e-mailing our Marketing Director at: firstname.lastname@example.org, by calling our Marketing Director at: 1-800-758-8563, or by writing to our Marketing Director at: PureCare, LLC, 1402 S. 40th Ave Phoenix, AZ 85009, access, review and correct the personally-identifiable information that has been collected from them.
Any dispute, claim or controversy that you and PureCare are unable to resolve, to the maximum extent allowed by applicable law, will be submitted to and finally resolved by binding arbitration. Either party may file a written demand for arbitration with the American Arbitration Association and will send a copy of the demand for arbitration to the other party. The arbitration will be conducted pursuant to the terms of the Commercial Arbitration Rules of the American Arbitration Association. The venue for the arbitration will be in Essex County in the State of New Jersey. The arbitration will be conducted before three (3) arbitrators selected through the American Arbitration Association's arbitrator selection procedures. The decision of the arbitrators will be final, binding and conclusive upon the parties. Each party will have the right to have the decision enforced by the federal or state courts sitting in Essex County in the State of New Jersey, to which exclusive jurisdiction the parties agree to submit. If any of the provisions of this Agreement are held to be unenforceable or invalid by any tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions will not be affected, provided that the essential understanding of the parties hereto is not lost thereby.
Notices; Contact Information