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Privacy Statement

We are pleased about your use of our website. The protection of your personal data is important to us and we want you to feel safe when using our website. This privacy statement is issued in compliance with India’s Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (the “SPDI Rules”). Please read the privacy statement carefully.

1. Information concerning the collection of personal data


a. The following shall inform you about the collection, processing and utilization of personal data on our website. Personal data means all data relating to a living individual who can be identified. “Sensitive personal data or information” (“SPDI”) means passwords, financial information, physical, physiological, or mental health conditions, sexual orientation, medical records and history, and biometric information.

b. Controller as per the SPDI Rules is:

Emma Sleep India Private Limited
H No 8-2-682/3 A and B, MyfairGarden Apts,
Banjara Hills Hyderabad, Hyderabad,
Telangana, India 500034

You can reach our data protection officer through the following details:


H No 8-2-682/3 A and B, MyfairGarden Apts,
Banjara Hills Hyderabad, Hyderabad,
Telangana, India 500034.
[email protected]

c. If we use contracted service providers for individual functions to present our services to you or to your data for advertising purposes, we will inform you in detail about the respective processes below.

2. Your rights as a data subject


a. You have the following rights against us with respect to the personal data concerning you:

  • Right of access by the data subject (Section 5, SPDI Rules):
  • You have the right to request information on the data we hold about you from us at any time. This information includes, but is not limited to, the categories of data we process, the purposes for which it is processed, the source of the data if not collected directly from you, and, if applicable, the recipients with whom we have shared your data.

  • Right to rectification (Section 5, SPDI Rules):
  • You have the right to request that we rectify inaccurate data relating to you. We will take appropriate steps to keep the data we store and process on an ongoing basis accurate, complete and current, based on the most up-to-date information available.

  • Right to withdraw consent (Section 5, SPDI Rules):
  • You have the right to revoke your consent to us at any time. As a result, we are not allowed to continue the data processing that was based on this consent in the future.

    b. If you have the feeling that we have not responded in an appropriate manner to your requests, or complaints, or you have further concerns, you additionally have the right to complain to a data protection authority such as the Ministry of Electronics and Information.

    c. You can send your inquiries regarding your rights as a data subject to us by completing the data subject rights (DSR) Request Form available at the bottom left of this page or the one available by clicking this link.

    3. Collection of personal data when you visit our website


    When visiting our website, i.e. without registering or agreeing to our further processing or utilization of the data, only the personal data, which your browser transmits to our server is automatically saved. In order to fulfil these technical requirements for you to view our website and provide for the necessary security, the following data is saved:

    • IP Address,
    • Date and time of your visit,
    • Time zone difference to Greenwich Mean Time (GMT),
    • Content of the query (specific site visited),
    • Access status/HTTP status code,
    • Amount of transferred data,
    • Website from which the initial request emanates,
    • Browser,
    • Operating system, device, and its user interface
    • Language and version of browser software.

    The personal data mentioned above do not fall under the definition of SPDI and gets processed for the following purposes and legitimate interests:

  • To ensure a smooth connection of the website
  • To guarantee a comfortable use of our website
  • To evaluate system security and stability as well as for other administrative purposes.
  • These information are temporarily stored in so-called log files. When you visit this website, this information is automatically recorded without your intervention and stored until it is automatically deleted. If you don’t want the above personal data to be collected, you should not access our website as we will be unable to allow you access to our website without such personal data.

    4. Use of our webshop: orders and product returns


    a.  If you would like to order in our webshop and/or make product returns, it is necessary for the conclusion of the contract that you provide your personal data, which we need to process your order and fulfill the contract of sale with you. Mandatory data necessary for the processing of the contracts are marked during check out while further data are discretionary. The mandatory data, including SPDI, are processed on the legal basis of your consent. We use the personal data provided by you to process your order and returns. Provision of the personal data is voluntary but failure to provide the mandatory personal data may mean that your order and/or product return cannot be carried out.

    Before submitting your order, you are required to tick a box to signify your consent to our terms & conditions, privacy statement, and cancellation policy after having read the same. If you do not agree with our terms & conditions, privacy statement, and cancellation policy, you should not tick the box but you will also be unable to continue checking out.

    By ticking the box and proceeding to submit your order, you agree that we may collect from you and process the same inside or outside of India the following categories of personal data about you via the webshop for the following purposes:

  • Identity data (e.g., first name, last name, etc.) for purposes of identifying you in relation to your orders and interaction with us with your consent as legal basis.
  • Contact details data (e.g., shipping address, telephone number, email address, etc.) for purposes of coordination and execution of the delivery and/or pick-up of your ordered and/or returned goods, and for communicating with your consent as legal basis.
  • Order data (e.g., order number, item bought, order amount, etc.) for purposes of carrying-out your order using your consent as legal basis.
  • Payment data (e.g., mode of payment, etc.) for purposes of documenting and processing the payment transaction for your order using your consent as legal basis. Payment data is considered as SPDI.
  • Preference data (e.g., consents given, etc.) for purposes of documenting your preferences and consents given using your consent as legal basis.
  • Further, the above categories of personal data may also be used separately or jointly for marketing and/or advertising purposes using your consent as legal basis. If you do not wish receive marketing and/or advertising from us, you may let us now your objection by completing the DSR Request Form at the bottom left of this page or the one available by clicking this link.

    b. Within the scope of our activities and services, it may become necessary for us to disclose the personal data stored about you to natural persons, legal entities or public authorities. We conclude data processing agreements with our private-entity data processors, which ensure that they may only process your personal data in a way that we have explicitly instructed them to do so and ensure that they take the necessary technical and organizational measures to process your data securely and store your personal data only for as long as necessary. With respect to private-entity data controllers, we have less control as to how they will use your personal data but we enter into data sharing agreements which mandate compliance of both parties with applicable laws. Finally, when sharing your personal data with public authorities, we will only do so when required and allowed by law.

    Being an international business with a global footprint, we may outsource the processing of your personal data outside of India. We use Standard Contractual Clauses to ensure that your personal data is protected in accordance with India’s data protection level. In addition to us, the following categories of recipients from inside or outside of India may receive the following categories of personal data for the following purposes:

  • Subsidiaries and affiliates – may receive Identity data, Contact details data, Order data, Payment data, and Preference data for purposes of outsourced order management & customer management, and marketing with your consent as legal basis.
  • Credit institutions and providers of payment services for billing and payment processing (online payment providers) – may receive Identity data, Order data, and Payment data in order to offer you their payment methods for your order during checkout with your consent as legal basis. Our payment service providers are considered separate data controllers and process your personal data according to their respective privacy statements and such processing may include credit checks or other assessment methods to determine your qualification for the payment method. Before using a payment method, please read the payment service provider’s privacy statement available in its website such as:
  • Parcel Shipper – may receive Identity data, Contact details data, and Order data in order to manage and facilitate the delivery of your order to the address you indicated including package tracking with your consent as legal basis. Our parcel shippers are considered separate data controllers and process your personal data according to their respective privacy statements. Before proceeding with your order, please read the parcel shippers’ privacy statements available in their website such as:
  • Supplier and Warehouse service provider – may receive Identity data, Contact details data, and Order data in order to manage and facilitate the delivery of your order to the address you indicated including package tracking with your consent as legal basis.
  • Non-Governmental/Charitable Organization that collects product returns – may receive Identity data and Contact details data in order to manage and facilitate the pick-up and collection of the product to be returned by you in the address you indicated with your consent as legal basis.
  • IT service provider to maintain our IT infrastructure – may receive Identity data, Contact details data, Order data, Payment data, and Preference data for data storage purposes with your consent as legal basis.
  • Cloud and cloud-based solutions provider – may receive Identity data, Contact details data, Order data, Payment data, and Preference data for data storage and cloud-based solutions purposes such as solutions for webshop creation, webshop hosting, order management, customer management, email management, etc. with your consent as legal basis.
  • Service provider for the optimization of the online offer – may receive Identity data, Contact details data, and Order data for the optimization of the online offer with your consent as legal basis.
  • Collection service providers or lawyers to collect receivables and enforce claims in court – may receive Identity data, Contact details data, Order data, and Payment data for purposes of litigation and protecting our legal rights and interest with your consent as legal basis.
  • Marketing and advertising service provider – may receive Identity data, Contact details data, and Order data for marketing and advertising purposes with your consent as legal basis.
  • Customer service provider – may receive Identity data, Contact details data, Order data, Payment data, and Preference data for purposes of addressing your queries and concerns with your consent as legal basis.
  • Management service provider – may receive Identity data, Contact details data, Order data, Payment data, and Preference data for purposes of managing our platforms, websites, etc. with your consent as legal basis.
  • Government agencies – may receive Identity data, Contact details data, Order data, Payment data, and Preference data if allowed and required by law for purposes of achieving their legal mandate with legal obligation under laws as legal basis (e.g., Section 6(1), SPDI Rules).
  • 5. Newsletters and electronic notifications


    a. We send newsletters, e-mails and other electronic notifications containing promotional information. Our newsletters contain information about our products, offers, promotions and our company. With the following notes we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedure and your right of objection.

    For the subscription to our newsletter we use a logged Double-Opt-in procedure. This means that after subscription you will receive an e-mail asking you to confirm your registration. This confirmation is necessary so that nobody can register with foreign e-mail addresses. Newsletter subscriptions are logged in order to be able to prove the registration process in accordance with the legal requirements. This includes the storage of the registration and confirmation time as well as the IP address. Changes to your data stored by the service provider are also logged. The purpose of this procedure is to be able to prove your registration and, if necessary, to clarify any possible misuse of your personal data.

    To subscribe to the newsletter, it is sufficient to enter your e-mail address. The provision of further data is voluntary and is used to address you personally. After your confirmation we will save your e-mail address for the purpose of sending the newsletter. The newsletter dispatch and the measurement of performance are based on your consent if you subscribed.

    b. We may also send you a newsletter and/or marketing through the e-mail address or other contact details you provided to us during checkout based on your inferred consent if you made a purchase from us and you have not objected to receiving the same.

    c. To prevent or stop receiving the newsletter and/or marketing, you may withdraw your consent or object to receiving such notifications at any time by clicking the unsubscribe link provided in every newsletter and/or marketing or by completing the DSR Request Form at the bottom left of this page or the one available by clicking this link.

    d. After unsubscribing, we will delete your e-mail address or relevant contact details, unless you have consented to other use of your data, or the use of the same is permitted or required by law per another legal basis.

    7. Data retention


    We keep your personal data for the period of the customer relationship with you or for the legally-required period after termination of such relationship or agreement in order to defend our legal claims, to protect and enforce our rights, or to comply with laws and regulations. In general, the legal retention period for documents important for taxation (such as accounting receipts) is ten (10) years while other documents that can be considered as commercial or business transaction documents is six (6) years.

    8. Cookies


    a. In addition to the abovementioned data categories we use cookies to make the experience of visiting our website as user-friendly as possible and to allow you to make use of certain functions. Cookies are little text files that are saved on your browser’s delegated hard drive, through which certain information flows back to the person who sets the cookie (in this case us). Cookies are used to improve the user experience and effectiveness of our website.

    b. This website uses the following types of cookies:

  • Transient Cookies - Transient cookies are automatically deleted when you close your browser. These are mostly session cookies, which save a so-called “session-ID”, which allows for the assigning of different queries within your browser during a particular session. This can be used to identify your device when one repeatedly visits a website during a session. These cookies are deleted once you log out or the browser window is closed.
  • Persistent Cookies - Persistent cookies enable the website to remember your information and settings on your next visit. This gives you faster and more convenient access to the website, as you do not have to change your language settings again, for example. How long the cookie remains on your device depends on the duration or expiration date of the respective cookie and your browser settings. These cookies are automatically deleted after a set period of time which can differ from cookie to cookie. Persistent cookies can be deleted via the security settings in your browser at any time.
  • c. We use cookies that are not processing SPDI either on the basis of your inferred consent and our legitimate interests which you can object to according to your selection in the cookie banner displayed when you access the website or based on your consent if it involves SPDI. You can also configure your browser settings according to your preferences and, for example, refuse to accept third-party cookies or all cookies. This may result in a functional limitation of our offers and our website.

    d. Cookies used in the website may include the following:

    Google Analytics

    Google Analytics, a web analytics service provided by Google Inc., collects and stores data on this website, from which user profiles are created using pseudonyms. These user profiles are used to analyse visitor behaviour and are evaluated to improve and tailor our services.

    Cookies might be used. These are small text files that are stored locally on the site visitor's computer, allowing them to be recognized when revisiting our website. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. However, if IP anonymisation is activated on this website, your IP address will be shortened by Google beforehand within member states of the European Union or other parties to the Agreement on the European Economic Area. Only in unique cases will the full IP address be sent to a Google server in the US and shortened there.

    On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage to the website operator.

    The pseudonymised user profiles will not be merged with personal data about the bearer of the pseudonym without specifically expressed consent of the person concerned. You can object to the collection and storage of data for the purpose of web analysis at any time with effect for the future. See: https://tools.google.com/dlpage/gaoptout?hl=en.

    You can prevent the collection of data by Google Analytics by clicking on the following link. An opt-out cookie will be set that will prevent the future collection of your data when you visit this website: disable Google Analytics.

    Google Optimize

    Our website uses Google Optimize. Google Optimize analyses the use of different variations of our website and helps us to improve the usability according to the behaviour of our users on the website. Google Optimize is a tool integrated within Google Analytics.

    Google AdWords Conversion Tracking

    We use the Google AdWords online advertising program and conversion tracking as part of Google AdWords. Google Conversion Tracking is an analytics service provided by Google Inc. (1600 Amphitheater Parkway, Mountain View, CA 94043, USA). When you click on an ad served by Google, a conversion tracking cookie will be placed on your device. These cookies lose their validity after 30 days, contain no personal data and are thus not used for personal identification. If you visit certain web pages on our website and the cookie has not expired, Google as well as we might recognize that you clicked on the ad and were redirected to this page. Each Google AdWords customer receives a different cookie. Thus, there is no way that cookies can be tracked through the websites of advertisers. The information gathered using the conversion cookie is used to generate conversion statistics for AdWords-customers who have opted in for conversion tracking. It tells AdWords-customers the total number of users who clicked on their ad and were redirected to a conversion tracking tag page. However, they do not receive information that personally identifies users. If you do not consent to this, you can disable Google AdWords Conversion Tracking here: disable AdWords Conversion Tracking

    AdTriba

    We use the services of AdTriba GmbH (Große Theatherstraße 39, 20354 Hamburg, Germany) for user analysis and to get a more detailed evaluation of our marketing activities. AdTriba uses cookies that forward data to AdTriba. If you do not consent to this, you can disable AdTriba here: disable AdTriba

    Mouseflow

    In order to make our pages more user-friendly, we use the mouseflow service of Mouseflow ApS (Flaesketorvet 68, 1711 Copenhagen, Denmark / Mouseflow Germany: Neuer Wall 63, 20354 Hamburg, Germany) to randomly record the movement of your computer mouse and create heat maps on product and category pages. The records are anonymous and every website that contains any kind of personal data is not tracked (e.g. checkout page). Click on the following link to disable mouseflow for your browser by setting a cookie: disable Mouseflow

    New Relic

    To monitor the accessibility and performance of our servers, we use the New Relic web analytics service provided by New Relic Inc. (188 Spear Street, Suite 1200, San Francisco, CA 94105, USA). Using pseudonymised usage profiles (which do not contain any personal information), the technical performance data (such as response and loading times) is measured and analysed to improve our server performance. More details and information about New Relic's specific privacy policy can be found at https://newrelic.com/privacy. You can disable New Relic by clicking on the following link: disable New Relic

    Criteo

    On our websites, anonymized information about the internet behaviour of the website‘s visitors is collected and stored for marketing purposes by a software provided to us by Criteo GmbH (Gewürzmühlstraße 11 80538 Munich Germany). These data are stored in cookies on the visitor's device. Based on an algorithm, Criteo GmbH analyses the anonymously recorded internet behaviour and can then display targeted product recommendations as personalized advertising banners on other websites. In no way can this data be used to personally identify you as a visitor of our websites. The collected data will only be used to improve the product recommendations. Any other use or disclosure of this information to third parties does not occur. If you do not consent to this, you can disable Criteo here: disable Criteo

    Bing Ads

    If you were redirected to our website via an ad on Bing, Microsoft (Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399, USA) will place a cookie on your browser that will tell us how many people clicked on a particular ad to access our website. No personal data will be saved or transmitted. You can deactivate this service by clicking on the following link: disable Bing .

    Facebook Pixel / Facebook Retargeting

    We use „Facebook Pixel“, a service offered by the social networking service Facebook (1 Hacker Way, Menlo Park, CA 94025, USA) to analyse and optimize our online offering. With its help, we can track users' actions after they've seen or clicked on a Facebook ad. This allows us to measure the effectiveness of Facebook advertising for statistical and market research purposes. The data collected is anonymous for us, i.e. we do not see the personal data of individual users. However, this data is stored and processed by Facebook, who, to the best of our knowledge, uses it in the following manner. Facebook may link this data to your Facebook account and also for its own promotional purposes, according to Facebook's Data Use Policy (https://www.facebook.com/about/privacy/). You can enable Facebook and its affiliates to display ads on and off Facebook. It may also be stored as a cookie on your computer for these purposes. When you visit our pages, the remarketing tags also create a direct connection between your browser and the Facebook server. Facebook receives the information that you have visited our site with your IP address. As a result, Facebook can connect the visit to our pages to your user account. We can use this information to display Facebook Ads. Please note that we, as the provider of the pages are not aware of the content of the data transmitted and their use by Facebook. If you do not consent to this, you can disable Facebook here: disable Facebook.

    Spoteffects

    We use Spoteffects (webeffects GmbH, Knorrstraße 69, 80807 Munich) to gain a better understanding of the effect of our TV advertising. It anonymously measures whether a user has visited the site while a TV advert was broadcast. No personal data will be transmitted. If you do not consent to this, you can disable Spoteffects here: disable Spoteffects.

    Realytics

    We use Realytics (Realytics, 73 rue d’Anjou, 75008 Paris), to gain a better understanding of the impact of our TV advertising. It anonymously measures whether a user has visited the site while a TV advert was broadcast. No personal data will be transmitted. If you do not consent to this, you can disable Realytics here: disable Realytics

    Rokt

    We use the services of Rokt (2 Sheraton Street, Soho, London, W1F 8BH, United Kingdom) to show you advertisements on other sites. If you do not consent to this, you can disable Rokt here : disable Rokt.

    Outbrain

    We use the software provided by Outbrain UK Ltd. (5 New Bridge Street, London, EC4V 6JA, United Kingdom) on our website. This software allows us to show you, through the use of cookies stored on your computer / device, of any other content that may be of interest to you within our website or on third-party websites. Outbrain's built-in recommendations are based on your previously read content. The recommended content is automatically controlled and delivered by Outbrain and occurs pseudonymously. Personal data is not stored here. The cookie uses information about the device source, browser type as well as your fully anonymized IP address. For more information on Outbrain's privacy policy, visit http://outbrain.com/legal/privacy. You may opt-out of Outbrain's interest-based opt-out referral tracking (see Section 4 "Advertising / Behavioral Targeting, How To Opt-Out") within Outbrain's Privacy Policy. Please note that you must set the opt-out separately for each device that you use to access our websites. After withdrawing your consent, you will continue to be offered interesting additional content; However, these are then no longer based on your previous usage behaviour on our websites.

    Taboola

    We use the services provided by Taboola Inc. (1115 Broadway, 7th Floor, New York, NY 10010, USA) on our website. Taboola uses cookies to determine what content you use and which of our pages you visit. The cookie enables us to create pseudonymised user profiles by collecting device-related data as well as log data, to recommend content that suits your personal interests. So we can tailor our recommendations to your personal preferences. The information is used for internal purposes only and does not allow individuals to be identified. For more information about Taboola and information on how to disable the Taboola cookie, visit https://www.taboola.com/privacy-policy (opt-out information at Site Visitor Choices).

    Zendesk

    We use the Zendesk ticketing system, a customer service platform provided by Zendesk Inc. (989 Market Street # 300, San Francisco, CA 94102) to answer customer inquiries. For this, necessary data such as your last name, first name, postal address, telephone number, e-mail address are collected via our website, in order to be able to answer your inquiries and requests. Zendesk is a certified participant of the so-called "Privacy Shield Framework" and thus meets the minimum requirements for being a legally compliant data processor. For more information about Zendesk's data processing, see Zendesk's Privacy Policy at http://www.zendesk.com/company/privacy. If you have any questions, you can also contact Zendesk's Privacy Officer: pri[email protected] If you contact us by e-mail or via the form on the website, we will only use your personal information submitted to process your specific request. The data provided will be treated confidentially. The specified data and the message history with our customer service agents will be saved for follow-up questions and subsequent conversations. By entering your data into the contact form you thus consent to the processing of your data (Article 6 (1) (a) GDPR). We have entered into a data processing contract with Zendesk and fully comply with the stringent requirements of German data protection laws when using Zendesk.

    Zopim Chat

    Zopim Chat is a chat service provided by Zendesk Inc. (989 Market Street # 300, San Francisco, CA 94102), which allows us to communicate with our customers in real time. The main function is to assist users directly on the website and solve problems as quickly as possible. Zopim Chat installs three cookies on your computer that serve to provide a better service, as we can restore past conversations and save your preferences. Zopim stores the ID of the online chat to identify user information.

    Sharing personal data

    Only necessary data is passed on to the company that is delivers the products to your home. In order to process your payment, we have to pass your payment data on to the bank or institution that is responsible for your chosen payment method. We might pass on your data on to our holding partner (Bettzeit GmbH), to offer you the best and most comprehensive advice.

    §5 Privacy Policy for Payolution payments

    These additional privacy policy conditions apply for all payments made with Paysolutions,

    §6 Processing of data by social networking sites

    This website also contains components from the following social networking sites: Facebook, Google+ and Twitter. Facebook is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, United States. Twitter is operated by Twitter Inc., 795 Folsom St, Suite 600, San Francisco, CA 94107, United States. Google+ is operated by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, United States. The plugins are marked with a Facebook logo or the addition of "Social Plug-in of Facebook" or "Facebook Social Plugin".

    If you access a page via a social media plugin from Facebook, Google+ or Twitter or activate one of the plugins with a click, a connection to the Facebook, Twitter or Google+ server is made, and data is transmitted to it. If you are logged in to your personal user account on one of these networks, during your visit to our website the operator of the network can connect this information to your account. In order to prevent this, you must log out of your account before clicking on the link and, if necessary, delete your cookies.

    The purpose and scope of the data collection, as well as the further processing and use of your data in addition to your respective rights and setting options for the protection of your privacy can be found in the privacy policy of the relevant social networking site.
    If you do not want Facebook to directly connect the data collected via our website to your Facebook profile, you must log out of Facebook before visiting our website. You can completely prevent the loading of Facebook plugins even with add-ons for your browser, e.g. with the "Facebook Blocker".

    How do I unsubscribe?

    You can unsubscribe at any time by clicking the 'Newsletter Subscriptions' tab when logged in to your customer account. If you do not have an account with us, you can unsubscribe by clicking the 'unsubscribe' link at the bottom of the newsletter.

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