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Privacy Policy

We take your privacy seriously. Please read this privacy policy carefully as it contains important information on who we are, how and why we collect, store, use, and share your personal information. It also explains your rights in relation to your personal information and how to contact us in the event you have a complaint or do not want us to use your data.

We collect, use and are responsible for certain personal information about you. When we do so we are subject to various laws in the United States, and we are responsible as “controller” of that personal information for the purposes of those laws. This privacy policy applies to this informational and ecommerce website, happsy.com, and the company, Helms Organic, LLC., dba Happsy, and affiliated entities. By using this website, you agree to the data practices described in this privacy policy and our Terms of Use, also described on this website.

Please consider this document your “Notice at Collection” under the California Consumer Privacy Act of 2018. We are putting you on notice that if you use our website, we will collect some of your data. Know that you also have the Right to Know what information we will collect about you and what we will do with it, a Right to Deletion of your personal information upon request, a Right to Opt-Out of having your information sold (we never sell your data), and the Right to Non-Discrimination for exercising any of these rights. All these rights our outlined in this policy.

Personal Information We Collect About You. We may collect and use the following personal information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household:

Identifiers:  During your website visit, we may collect your real name/alias, mailing address, email, and phone number. If you make a purchase, we will collect additional information from you to complete that transaction, including the shipping address for the product, your credit or debit card information, your billing information, etc. Generally, we do not collect any social security numbers, driver’s license numbers or passport numbers. We may also collect other generic demographic information about you that does not identify you, such as your age and gender.

In addition, like most websites, ours collects various computer data that is used to help our general services and to generate some user statistics. This information includes your IP address, what website referred you to ours, your browser information, when you accessed our website and for how long, how many pages you looked at, and other similar information, which is automatically tracked and collected by the software. Note that we also may operate public social media pages, such as Twitter or Facebook, and if you put any information on those websites, it is available to the public.

Note that this is an ecommerce site, so if you do make a purchase, we will likely store that information for a variety of reasons. We will store information about what you bought, how much it cost, when you bought it, where it was shipped to, how it was paid for, etc. This information may help us as far as planning future manufacturing or supply needs, may be relevant for our tax purposes, and even just to be able to prove you made a purchase should you ever contact us with an issue about the product, with the hopes that we can assist you with your issue. The computer software can also track which products you “clicked on” or viewed and that may provide us data and information on the products you didn’t buy. Maybe you viewed our sheets and pillows and chose not to buy them. Maybe you looked at different mattresses and chose one over the other. That type of information helps us track customer preferences and helps us better craft our offerings in the future. The information above may be used to create a profile about a consumer reflecting the consumer’s preferences, characteristics, trends, predispositions, shopping behavior and patterns, etc.

This personal information is required to provide products to you. If you do not provide personal information we ask for, it may delay or prevent us from providing the products or your purchases to you.

1.     How Your Personal Information is Collected. We collect most of this personal information directly from you - in person, by telephone, text, or email and via this website. However, we may also collect information:

·      From publicly accessible sources;

·      Directly from a third party (e.g., credit reporting agencies or customer due diligence providers);

·      From a third party with your consent (e.g., your bank);

·      From cookies on our website. Cookies are very common in the ecommerce world. They help us customize your web visit – such as letting our web service know that you are revisiting a page or to save your specific information for easier use. Many browsers automatically accept cookies … but you always have the option of adjusting your settings to block cookies; and

·      Via our IT systems, including:

o   Automated monitoring of our websites and other technical systems, such as our computer networks and connections, communications systems, email and instant messaging systems, etc.

2.     How and Why We Use Your Personal Information. Under data protection law, we can only use your personal information if we have a proper reason for doing so, e.g.:

·      To comply with our legal and regulatory obligations;

·      For the performance of our contract with you or to take steps at your request before entering into a contract;

·      For our legitimate interests or those of a third party; or

·      Where you have given consent.

A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.

The below explains what we use (process) your personal information for and our reasons for doing so:

·      For the performance of our contract with you or to take steps at your request before entering into a contract

·      For our legitimate interests or those of a third party, i.e., to minimize fraud that could be damaging for us and for you

·      For our legitimate interests or those of a third party, i.e., to prevent and detect criminal activity that could be damaging for us and for you

·      To comply with any legal and regulatory obligations

·      For our legitimate interests or those of a third party, i.e., to make sure we are following our own internal procedures so we can deliver the best service to you

·      For our legitimate interests or those of a third party, i.e., to be as efficient as we can so we can deliver the best products for you at the best price

·      For our legitimate interests or those of a third party, i.e., to protect trade secrets and other commercially valuable information

·      For our legitimate interests or those of a third party, e.g., making sure that we can keep in touch with our customers about existing orders and new products

·      NOTE: We do not knowingly collect any information about anyone under the age of 13. In fact, we do not want anyone under 13 visiting our website without their parents’ approval and we do not want their data. This is intended to be a website selling products to adults … adults that almost exclusively use credit or debit cards for payment.

3.     Promotional Communications. We may use your personal information to send you updates (by email, text message, telephone or post) about our products, including exclusive offers, promotions or new products.

We have a legitimate interest in processing your personal information for promotional purposes. This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.

We will always treat your personal information with the utmost respect and never sell OR share it with other organizations outside the Happsy group for marketing purposes. Again, we currently DO NOT sell … and never have sold … your personal information. Some websites you visit profit by selling your data. We are only interested in selling you products and we do not sell your data.

You have the right to opt out of receiving promotional communications at any time by:

·      Contacting us in any manner convenient for you, such as calling our customer service or emailing us;

·      Using the “unsubscribe” link in emails or “STOP” number in texts.

We may ask you to confirm or update your marketing preferences if you instruct us to provide further products in the future, or if there are changes in the law, regulation, or the structure of our business.

4.     Who We Share Your Personal Information With. We routinely share personal information with:

·      Our affiliates, including companies within the Happsy group;

·      Service providers we use to help deliver our products to you, such as payment service providers, warehouses and delivery companies;

·      Other third parties we use to help us run our business, such as marketing agencies or website hosts;

·      Third parties approved by you, including social media sites you choose to link your account to or third-party payment providers;

·      Credit reporting agencies;

·      Our insurers and brokers;

·      Our banks;

Note that in today’s world, in order to use third-party services like Google, Facebook, and PayPal, we often times have to include their “code” in our systems for the various software to operate. So, for example, if you came to this site via a Google or Facebook ad, that information would be shared back to Google or Facebook. Any time you access us through a third-party site, you should be aware that those websites have their own privacy policies and use your data in their own ways. You should read their policies to understand how they use your information. We can only tell you about and control what we do.

We only allow our service providers to handle your personal information if we are satisfied they take appropriate measures to protect your personal information.

We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.

We may also need to share some personal information with other parties, such as potential buyers of some or all of our business or during a re-structuring. We will typically anonymize information, but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.

5.     Where Your Personal Information is Held. Information may be held at our offices and those of our Happsy third party agencies, service providers, representatives and agents as described.

6.     How Long Your Personal Information Will Be Kept. We will keep your personal information while you have an account with us or while we are providing products to you. Thereafter, we will keep your personal information for as long as is necessary:

·      To respond to any questions, complaints or claims made by you or on your behalf;

·      To show that we treated you fairly; or

·      To keep records required by law.

We will not retain your personal information for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of personal information.

7.     Your Rights Under the CCPA. You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to exercise free of charge:

 

Disclosure of Personal Information We Collect About You

You have the right to know:

·      The categories of personal information we have collected about you;

·      The categories of sources from which the personal information is collected;

·      Our business or commercial purpose for collecting or selling personal information;

·      The categories of third parties with whom we share personal information, if any; and

·      The specific pieces of personal information we have collected about you.

·      Please note that we are not required to:

·      Retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained;

·      Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; or

·      Provide the personal information to you more than twice in a 12-month period.

Personal Information Used for a Business Purpose

In connection with any personal information we may disclose to a third party for a business purpose, you have the right to know:

The categories of personal information about you that we used and the categories of third parties to whom the personal information was given; and

The categories of personal information that we disclosed about you for a business purpose.

You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to opt-out of the disclosure of your personal information. If you exercise your right to opt-out of the disclosure of your personal information, we will refrain from disclosing your personal information, unless you subsequently provide express authorization for the disclosure of your personal information. To opt-out of the disclosure of your personal information, simply contact us in any of our offered ways, i.e., phone call or email.

 

Right to Deletion

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:

·      Delete your personal information from our records; and

·      Direct any service providers to delete your personal information from their records.

·      Please note that we may not delete your personal information if it is necessary to:

·      Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;

·      Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;

·      Debug to identify and repair errors that impair existing intended functionality;

·      Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;

·      Comply with the California Electronic Communications Privacy Act;

·      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 our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;

·      Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;

·      Comply with an existing legal obligation; or

·      Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

Protection Against Discrimination

You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA. This means we cannot, among other things:

·      Deny goods or services to you;

·      Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;

·      Provide a different level or quality of goods or services to you; or

·      Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

 

8.     Keeping Your Personal Information Secure. We have appropriate security measures in place to prevent personal information from being accidentally lost or used or accessed in an unauthorized way. We limit access to your personal information to those who have a genuine business need to access it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality. We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

9.     How to Exercise Your Rights. If you would like to exercise any of your rights as described in this Privacy Policy, please:

·      Call us, toll-free, at 844-742-7779; or

·      Email us at cs@happsy.com or

·      Write to us at PO Box 7396, Jackson, WY 83002.

·      submit a request to us by visiting this web form

Please note that you may only make a CCPA-related data access or data portability disclosure request twice within a 12-month period.

If you choose to contact us, you will need to provide us with:

·      Enough information to identify you (e.g., your full name, address and customer or matter reference number);

·      Proof of your identity and address (e.g., a copy of your driving license or passport and a recent utility or credit card bill); and

·      A description of what right you want to exercise and the information to which your request relates.

We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person’s behalf.

Any personal information we collect from you to verify your identity in connection with you request will be used solely for the purposes of verification.

10.  Changes to This Privacy Notice. This new privacy notice was published on April 5, 2022.

We may change this privacy notice from time to time–when we do, the publishing date of the new policy will be updated.

11.  How to Contact Us. Please contact us by regular mail, email or telephone if you have any questions about this privacy policy or the information we hold about you.

12.  Do You Need Extra Help? If you would like this notice in another format (for example: audio, large print,) please contact us.a

 

Rakuten's addendum
Rakuten Advertising may collect personal information when you interact with our digital property, including IP addresses, digital identifiers, information about your web browsing and app usage and how you interact with our properties and ads for a variety of purposes, such as personalization of offers or advertisements, analytics about how you engage with websites or ads and other commercial purposes. For more information about the collection, use and sale of your personal data and your rights, please use the below links.

Privacy policy : https://rakutenadvertising.com/legal-notices/services-privacy-policy
Your rights : https://rakutenadvertising.com/legal-notices/services-privacy-rights-request-form

Happsy (or the “Company”) values the privacy of its customers and Web/blog site viewers. Any of the following personal information that may be made available to Happsy when browsing or navigating the site shall be kept confidential:

  • First and last name
  • Company, home, postal or other physical address
  • Other contact information, for example, telephone number, fax number, email address, and other similar information
  • Any other information needed to provide a service you requested


Examples of scenarios where our visitors provide their personal information include, but may not be limited, to:

  • Emailing, calling or communicating with us. 
  • Posting a question or comment through the site.
  • Requesting literature.
  • Participating in an online survey.
  • Requesting inclusion in an email or other mailing list.
  • Submitting an entry for a contest or other promotions.
  • Logging in to the site, thus requiring a user name and/or a password.
  • Placing an order.
  • Any other business-related reason.


The Company provides you the opportunity to agree or decline to give your personal information via the Internet. The Company will inform you of the purpose for the collection and does not intend to transfer your personal information to third parties without your consent, except under the limited conditions described under the discussion entitled “Information Sharing and Disclosure” below. If you choose to provide us with your personal information, we may transfer that information, within the Company or to a third party service provider as necessary.


Domain Information Collection
The Company may collect domain information to enable us to analyze how our visitors use this site. This data enables us to become more familiar with which people visit our site, how often they visit, and what parts of the site they visit most often. The Company uses this information to improve its Web-based offerings. This information is collected automatically and requires no action on your part.


Use of Cookies and Tracking User Traffic
Some pages on this site may use “cookies”—small files that the site places on your hard drive for identification purposes. A cookie file can contain information such as a user ID to track the pages visited, but the only personal information a cookie can contain is information you supply yourself. These files are used for site registration and customization the next time you visit us.


Some parts of the site may also use cookies to track user traffic patterns. The Company does this in order to determine the usefulness of our Web site information to our users and to see how effective our navigational structure is in helping users reach that information. Please note that cookies cannot read data off of your hard drive. Your Web browser may allow you to be notified when you are receiving a cookie, giving you the choice to accept it or not. If you prefer not to receive cookies while browsing our Web site, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser, By not accepting cookies, some pages may not fully function and you may not be able to access certain information on this site.


We may use third-party advertising companies to collect data and/or serve ads when you visit our Web site. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, visit http://networkadvertising.org/.


Information Sharing and Disclosure
Your personal information is never shared outside the Company without your permission, except under conditions listed below:

  • Consenting to share your information to a third party service provider working on our behalf to serve you.
  • Requiring us to provide you with a product or service.


The Company will also disclose your personal information, if required to do so by law, or in urgent circumstances, to protect personal safety, the public or our sites.


Internet Security
The Company strives to protect your personal information; however, we urge you to take every precaution to protect your personal data when you are on the Internet. Change your passwords often and use a combination of letters, numbers and symbols.


Protecting the Privacy of Children
Children under 13 years old are not the target audience for our Web site. To protect their privacy, the Company prohibits the solicitation of personal information from these children.


Links to Third Party Sites
This site may contain links to other sites. The Company does not share your personal information with those Web sites and is not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies.


Changes to this Privacy Policy
The Company reserves the right to change, modify or update this policy at any time without notice. Any substantial changes in the way we use your personal information will be posted on this site.


If you have questions or concerns about our Privacy Policy, please email us at the contact information on the site.

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