Privacy Policy
Privacy Policy
Overview – the key information you should be aware of
- Who we are: This website is operated by Simba Sleep Limited (a company registered in England and Wales (company number 09703422), whose registered office is at 5th Floor, Halo, Counterslip, Bristol, United Kingdom, BS1 6AJ).
All references to ‘Simba', 'our', 'us' or 'we' within this policy are references to either Simba Sleep Limited, or any of our group companies and suppliers which provide services to us or you, as appropriate.
This privacy policy applies to those of our websites on which it is displayed.
- Policy Values and Purpose: We value your privacy and want to be accountable and fair to you as well as transparent with you in the way that we collect and use your personal information. We also want you to know your rights in relation to your information which are set out in this policy.
In line with these values, this privacy policy tells you what to expect when we collect and use personal information about you. We have tried to make it easy for you to navigate so you can find the information that is most relevant to you and our relationship with you.
We are always looking to improve the information we provide to our customers and contacts so if you have any feedback on this privacy policy, please let us know using our contact details in section 12.
- Who this policy applies to: This policy applies to:
- Visitors to our website (including those who start an order but do not complete the checkout process);
- Customers (including people who order any samples from us whether a purchase is involved or otherwise, including, but not limited to, a free fabric sample such as a “swatch”);
- People who we send marketing communications to;
- People who contact us with enquiries; and
- People who download and use our app, the Simba Sleep App (which also has its own separate and additional Privacy Policy linked at below at 2.5)
Depending on our relationship, we will collect and use your information in different ways. Please click on the links above to find out the information that we collect about you and how we use this information.
- What this policy contains: This privacy policy describes the following important topics relating to your information (you can click on the links to find out more):
- How we obtain your personal information;
- Collection and use of personal information;
- Our legal basis for using your personal information;
- How and why we share your personal information;
- How long we store your personal information;
- Your rights;
- Marketing;
- Where we may transfer your personal information;
- Risks and security;
- Links to other websites;
- Changes to this policy; and
- Questions and complaints.
- Your rights to object: You have various rights in respect of our use of your personal information as set out in section 6. Two of the fundamental rights to be aware of are that you may:
- ask us to stop using your personal information for direct-marketing purposes. If you exercise this right, we will stop using your personal information for this purpose.
- ask us to consider any valid objections which you have to our use of your personal information where we process your personal information on the basis of our, or another person's, legitimate interest. You can find out more information in section 6 of the policy.
- Confirmation: Please read this privacy policy carefully to understand how we handle your personal information. By engaging with us in the ways set out in this privacy policy, you confirm that you have read and understood the entirety of this privacy policy, as it applies to you.
The Detail
- How we obtain your personal information
1.1. You may provide us with your personal information voluntarily. However, we may also receive information about you from third parties such as our suppliers and public websites, which we refer to as "third party sources" or "suppliers" throughout this policy.
1.2. You may give us personal data about yourself by using the online forms provided on our website or the Simba Sleep App, completing order forms, or by contacting us by phone, e-mail or other means. This also includes, for example, when you enter a competition or promotion on our website and when you report a problem with our website. If you contact us, we may keep a record of that correspondence. We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to such surveys.
1.3 While checking out, you or a third party may supply in our shopping cart, or a third party integration may cause to be supplied in our shopping cart, a discount code, promotional code, voucher, coupon, token, or other means of transmitting information, which indicates that, based on a third party’s verification of your status, you are a member of a Consumer Group.
1.4 You may be verified by a third party which we specify (including, but not limited to, via verification by GoCertify) as a member of a Consumer Group where you meet one or more of the following criteria in respect of occupation; a healthcare sector worker; education sector worker; emergency service sector worker; border or immigration worker; military personnel; charitable or community worker; student; and carers, and/or you are aged under the age of 26.
1.5 Further information about the definition of Consumer Groups and how to confirm whether you are in one, and the Collective Discounts to which they may have access, is available in our general Terms document accessible at https://simbasleep.com/pages/terms.
- Collection and use of Personal Information
Please go to the section or sections below that best describes our relationship with you to find out the information that we collect about you and how we use this information. We refer to this as "personal information" throughout this policy.
2.1. Visitors to our website
We, or third parties on our behalf, may collect and use the following information about you when you visit our website, including when you commence an order, but do not complete the checkout process:
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Visitors to our website |
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Personal Information Collected |
(i) your name; (ii) your postal address; (iii) your email address; (iv) your telephone number; (v) information provided when you correspond with us; (vi) any updates to information provided to us; (vii) personal information we collect about you or that we obtain from our third party sources, including, but not limited to, whether you are a member of Consumer Group(s) as externally verified by a third party, and in which Consumer Group(s) you are included; (viii) the below technical information created and recorded automatically when you visit our website, start an order and subsequently abandon your cart. |
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Technical Information Collected |
(i) Internet protocol (IP) address used to connect your computer to the internet address; (ii) the website address and country from which you access information; (iii) the files requested; (iv) browser type and version; (v) browser plug-in types and versions; operating system; and platform; (vi) Information about your visit and your behaviour on our website (for example, the pages that you click on). This may include the website you visit before and after visiting our website (including date and time), time and length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, traffic data, location data, weblogs and other communication data and information provided when requesting further service or downloads; and (vii) information about the device via which you are accessing or attempting to access our website, including, but not limited to, the operating system and web browser application in use. |
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How we use your Information (Personal and Technical) |
(i) to allow you to access and use our website; (ii) to receive enquiries from you through the website about our goods and services; (iii) to assist you in completing an order through the website; (iv) for improvement and maintenance of our website and to provide technical support for our website; (v) to ensure the security of our website; (vi) to recognise you when you return to our website, to store information about your preferences, and to allow us to customise the website according to your individual interests; (vii) to evaluate your visit to the website and prepare reports or compile statistics to understand the type of people who use our website, how they use our website and to make our website more intuitive. Such details will be anonymised as far as reasonably possible and you will not be identifiable from the information collected; and (viii) to operate, protect, improve, personalize and optimize our website; (ix) for advertising purposes: we conduct profiling on your characteristics and preferences based on your interactions with the website, your search and purchase history, your profile information and preferences, and other content you submit to the website. We do this in order to send promotional messages, marketing, customised advertising and other information that we think may be of interest to customers; (x) to attribute to a site visitor their particular journey to our website (for example, to determine what link a site visitor clicked on another website to visit our website) and their interactions with the website which involve a negotiation for sale (for example, abandoning a cart which contains products) to prepare reports or compile statistics about site visitors, or to contact site visitors with tailored communications pursuant to means as otherwise provided for in this policy; (xi) ) to tailor our communications and initiatives based on attributes understood to be relevant to you, including, but not limited to, your whether you are a member of Consumer Group(s) as externally verified by a third party, and in which Consumer Group(s) you are included; (xii) to support an application for any insurance policy or product which you sought to obtain through us, and to share information required in support of same with third parties as necessary to facilitate their consideration of that insurance policy or product’s application, whether complete or not; and (xiii) for the protection of our business, to allow us to limit or prevent access to our website or certain areas of our website by actors known or suspected to be malicious in any respect. |
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Website Cookies |
(i) Our website uses cookies to collect information about you for personalised advertising purposes and in order to offer you a more tailored experience by understanding and remembering your particular browsing preferences. Information obtained using cookies on our website is collected automatically by us and our third party Advertising Partners. (ii) Where we use cookies on our website, you may block these at any time. To do so, you can activate the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies), you may not be able to access all or parts of our website or to use all the functionality provided through our website. (iii) For a detailed explanation about what cookies are, as well as information on the cookies we use and the purposes for which we use them, please refer to our cookies policy here: https://simbasleep.com/pages/cookies-policy |
2.2. Customers
We collect and use the following information about you if you are a customer:
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Customers |
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Personal Information we may collect |
(i) your name; (ii) your postal address; (iii) your email address; (iv) your telephone number; (v) your age; (vi) your gender; (vii) spouse or civil partner name; (viii) identity verification documents such as bank statements or copies of driver's licenses; (ix) information provided when you correspond with us, including where phone calls are recorded; (x) any updates to information provided to us; (xi) information about any associated services we provide to you. (xii) information needed to provide the services to you (including information on joining forms, order details, order history and payment details); (xiii) customer services information; (xiv) customer relationship management and marketing information; (xv) whether you are a member of Consumer Group(s) as externally verified by a third party, and in which Consumer Group(s) you are included; and (xvi) information you provide to help us provide you with improved goods or services, for example if we ask you to fill in a survey or questionnaire. |
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How we use your personal information |
(i) to process orders, deliver goods and provide associated services including returns and customer services; (ii) to deal with any enquiries or issues you have about our goods and associated services; (iii) to send you certain communications (including by email or post) about our goods and associated services such as service announcements and administrative messages (for example, setting out changes to our terms and conditions and keeping you informed about our fees and charges); (iv) to carry out statistical analysis and market research on people who may be interested in our goods and associated services; (v) if you have consented or, otherwise, if it is in our legitimate interests, for business development and marketing purposes, to contact you (including by email, SMS, push notifications, or post) with information about our goods and associated services which either you request, or which we feel will be of interest to you (including newsletters); (vi) We use your personal information for the purpose of running and measuring the success of online and television advertising ("Advertising Campaigns"). We share the personal information we collect about you with our third party advertising partners, including social media companies, providers of television advertising services, and other providers of advertising services ("Advertising Partners"). Our Advertising Partners use your personal information to provide targeted adverts to you on our behalf via their platforms or services. Our Advertising Partners analyse your personal information, and may combine it with other personal information they hold about you which they have obtained independently from a variety of other sources in order to enable them to include you in a particular group for the purpose of sending you targeted adverts. They will also use this information in order to identify other groups of individuals who are similar to you, so that they can also provide targeted adverts to them. Our Advertising Partners send us information about each advert, which enables us to track and measure the success of our Advertising Campaigns. If you would prefer us not to share your contact details (such as your email address) with our Advertising Partners for the purpose of including you in particular advertising group, please email us at hello@simbasleep.com; (vii) to attribute to a customer their particular journey to our website (for example, to determine what link customer clicked on another website to visit our website) and their interactions with the website which involve a negotiation for sale (for example, abandoning a cart which contains products) or an actual sale, in order to prepare reports or compile statistics about customers, or to contact customers with tailored communications pursuant to means as otherwise provided for in this policy; (viii) to tailor our communications and initiatives based on attributes understood to be relevant to you, including, but not limited to, your whether you are a member of Consumer Group(s) as externally verified by a third party, and in which Consumer Group(s) you are included; (ix) to support an application for any insurance policy or product which you sought to obtain through us, and to share information required in support of same with third parties as necessary to facilitate their consideration of that insurance policy or product’s ongoing proper administration. |
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Other Sources of personal information |
(x) for the protection of our business, to allow us to limit or prevent access to our website or certain areas of our website by actors known or suspected to be malicious in any respect. We may receive some of your personal information from third parties, such as your family members, or from suppliers including: (i) Information we need to provide services to you. We need certain types of personal information so that we can fulfil orders and perform contractual and other legal obligations that we have to you, including confirming and processing purchases. If you do not provide us with such personal information, or if you ask us to delete it, you may no longer be able to purchase goods or access associated services. (ii) Family information. Separately, we may process personal information about your family members if they contact us in relation to an order. We will only process your family's personal information for this specific purpose or for any other purposes specifically permitted by law. (iii) Sleep and other survey or questionnaires We will process the personal information that you submit to us if you choose to take part in a sleep or other survey (including, but not limited to, any market research survey, or any brand, service, or product feedback survey). Surveys and questionnaires may be sent on a collective basis, or individually, based on information we hold about those customers, including, but not limited to, a customer or group of customers’ status as a member of a Consumer Group(s) as verified by a third party.. Some of the personal information that we collect about you or which you provide to us in the sleep or other survey may be special categories of data. Special categories of data include information about physical health conditions. (iv) Verifiers of Consumer Group status. Your status as a member of a Consumer Group(s), and information about Consumer Group(s) in which you are included, must be externally verified by a third party entity (including, but not limited to, GoCertify Limited) for us to grant you access to Collective Discounts. (v) Referrals by third parties. Your information may be provided to us by a third party via means (including, but not limited to, a “Refer a Friend” program as administered by Mention Me Limited). |
2.3. People whose details are included in our marketing lists
We, or third parties on our behalf, collect and use the following information about you:
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People who we send marketing communications to |
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Personal information we collect |
(i) your name; (ii) your postal address; (iii) your email address; (iv) your telephone number; and (v) information about your preferences. |
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How we use your personal information |
(i) We will collect, use and store the personal information listed above, if you have consented or, otherwise, if it is in our legitimate interests, for business development and marketing purposes, to contact you (including by email, SMS, push notifications or post) with information about our products and services which either you request, or which we feel will be of interest to you (including newsletters, whether sent on a general basis or on a tailored basis based on information we hold (including, but not limited to, your status as a member of a Consumer Group(s), and information about the Consumer Group(s) of which you are a member). (ii) We might also share your data with our Advertising Partners in order to run our Advertising Campaigns. |
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Other sources of personal information |
We may receive some of your personal information from third parties, including, but not limited to, marketing agencies, Third Party Promoters (as defined in our general Terms document) involved in the verification of your status as a member of a Consumer Group(s), and third party email marketing platforms. |
2.4. People who contact us with enquiries
We, or third parties on our behalf, may collect and use any of the following information about you:
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People who contact us with enquiries |
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Personal Information we collect |
(i) your name; (ii) your postal address; (iii) your email address; (iv) your telephone number; (v) personal information we collect about you from third party sources such as Facebook; (vi) information provided when you correspond with us; and (vii) any updates to information provided to us. |
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How we use your personal information |
We will collect, use and store the personal information listed above to deal with any enquiries or issues you have about our goods and associated services or our business, including any questions you may have about how we collect, store and use your personal information, or any requests made by you for a copy of the information we hold about you. If we do not have a contract with you, we may process your personal information for these purposes where it is in our legitimate interests for customer services purposes. |
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Special categories of data. |
Some of the personal information that you provide to us when making enquiries regarding our goods and services may include special categories of data. Special categories of data include information about physical and mental health, and biometric data. |
2.5 Users of the Simba Sleep App
We may collect information about users of the Simba Sleep App not otherwise than in accordance with the Simba Sleep App’s specific End User Licensing Agreement set out at https://simbasleep.com/pages/simbasleepcoach-terms and the Simba Sleep App’s specific Privacy Policy as set out at https://simbasleep.com/pages/simbasleepcoach-privacy.
2.6. Additional Information
Whatever our relationship with you is, we may also collect, use and store your personal information for the following additional reasons:
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Other reasons for processing data |
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Dealing with enquiries |
to deal with any enquiries or issues you have about how we collect, store and use your personal information, or any requests made by you for a copy of the information we hold about you. If we do not have a contract with you, we may process your personal information for these purposes where it is in our legitimate interests for customer services purposes; |
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Internal corporate reporting |
for internal corporate reporting, business administration, ensuring adequate insurance coverage for our business, ensuring the security of company facilities, research and development, and to identify and implement business efficiencies. We may process your personal information for these purposes where it is in our legitimate interests to do so; |
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Compliance |
to comply with any procedures, legal obligations, laws, and regulations which apply to us – this may include where we reasonably consider it is in our legitimate interests or the legitimate interests of others to comply, as well as where we are legally required or compelled to do so; and |
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Legal Rights |
to establish, support, exercise or defend our legal rights – this may include where we reasonably consider it is in our legitimate interests or the legitimate interests of others, as well as where we are legally required to do so. |
2.7. Further processing
We will not use your personal information in any way that is incompatible with the purposes set out in this section 2. Please contact us using the details in section 12 if you want further information on the analysis we will undertake to establish if a new use of your personal information is compatible with these purposes.
- Legal basis for use of your personal information
3.1. We consider that our legal bases for using your personal information as set out in this privacy policy are, in addition to the Privacy and Electronic Communications Regulations’ (“PECR”) Regulation 22 (3) exemption (the “PECR Exemption”), as follows:
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Legal Basis |
Explanation |
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Necessary to perform our contract of sale with you |
our use of your personal information is necessary to perform our obligations under any contract with you (for example, to fulfil an order which you place with us, to comply with the terms of use of our website which you accept by browsing our website and/or to comply with our contract to provide services to you); |
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Consent |
we may process your personal data where you have provided your consent (which you may withdraw at any time after giving it, as described below), including where: (a) we use your special categories of data (such as health and wellbeing information) that you provide to us when completing a survey, questionnaire or when making a customer services enquiry; (b) we use your personal information to communicate with a third party regarding your order; and (c) we process your personal information for direct marketing purposes. If we rely on your consent for us to use your personal information in a particular way, but you later change your mind, you may withdraw your consent by contacting us at hello@simbasleep.com and we will stop doing so. However, if you withdraw your consent, this may impact the ability for us to be able to provide our goods and associated services to you. |
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Complying with our legal obligations |
our use of your personal information is necessary for complying with our legal obligations (including, but not limited to, product safety purposes, or to evidence that your status as a member of a Consumer Group(s) was, to the best of our knowledge, and based on your representations you to us made not otherwise than in accordance with the Terms document, verified by an external third-party entity); |
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Legitimate business interests |
where use of your personal information is necessary for our legitimate interests or the legitimate interests of others (for example, to ensure the accessibility and security of our e-commerce platform). Our legitimate interests are to: (i) ensure that customers and potential customers can complete orders through our website; (ii) approach, contact and select strategic partners and appropriately skilled and qualified suppliers; (iii) run, grow and develop our business; (iv) carry out marketing, market research and business development; (v) provide goods and associated services to our customers, make and receive payment and provide customer services; (vi) place, track and ensure fulfilment of orders with our suppliers; (vii) carry out internal group administrative purposes; (viii) improve the website and your experience with it; and (ix) undertake advertising and marketing activities to offer products or services that may be of interest to our customers whether on a collective basis, or individually, based on information we hold about those customers (including, but not limited to, a customer or a cohort of customers’ status as a member of a Consumer Group(s) as verified by an external third party). |
If we rely on our (or another person's) legitimate interests for using your personal information, we will generally undertake a balancing test to ensure that our (or the other person's) legitimate interests are not outweighed by your interests or fundamental rights and freedoms which require protection of the personal information. You can ask us for information on this balancing test by using the contact details at section 12.
- How and why we share your personal information with others
4.1. We may share your personal information with our group companies where it is in our legitimate interests to do so for internal administrative purposes (for example, ensuring consistent and coherent delivery of our goods and associated services to our customers, corporate strategy, compliance, auditing and monitoring, research and development and quality assurance).
4.2. We will share your personal information with the following third parties:
- Third party companies who provide the platform for our online store. These third parties allow you to place orders and pay for goods and services on our website. These third parties will also share your personal information with us;
- Companies who provide e-commerce risk assessment. We will pass details such as your name and address of our customers to such third parties before finalising your order. This helps us to reduce the incidence of fraud;
- Customer service, technical support and data analytics platforms. These suppliers will also share your personal information with us, including where you contact Simba with enquiries or complaints;
- Providers of customer support ticket management services. These suppliers will also share your personal information with us;
- Data analytics and search engine providers. Data analytics and search engine providers assist us in the improvement and optimisation of our services and website, for example, Google Ads;
- Advertising Partners. Our Advertising Partners assist us in our marketing, advertising and promotional activities, including running and measuring the success of our Advertising Campaigns;
- Delivery and logistics partners. These companies help us with us with the transport, delivery, supply or return of our products. If there is an issue with delivery, supply or return of a product, they may contact you by phone, email, SMS or direct message to try to help;and
- our other service providers and sub-contractors, including but not limited to CRM platform providers, Third Party Promoters designated by Simba as verifiers of Consumer Group membership, platforms which facilitate our collection of survey information, payment processors, insurers, warehouse, storage and cloud service providers.
4.3. Any third parties with whom we share your personal information are limited (by law and by contract) in their ability to use your personal information for any purpose other than to provide services for us. We will always ensure that any third parties with whom we share your personal information are subject to privacy and security obligations consistent with this privacy policy and applicable laws.
4.4. We will also disclose your personal information to third parties:
(a) where it is in our legitimate interests to do so to run, grow and develop our business including:
- if we sell or buy any business or assets, we may disclose your personal information to the prospective seller or buyer of such business or assets;
- If substantially all of Simba’s or any of its affiliates' assets are acquired by a third party, in which case personal information held by Simba will be one of the transferred assets;
(b) if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, any lawful request from government or law enforcement officials and as may be required to meet national security or law enforcement requirements or prevent illegal activity;
(c) in order to enforce or apply our terms and conditions or any other agreement or to respond to any claims, to protect our rights or the rights of a third party, to protect the safety of any person or to prevent any illegal activity; or
(d) to protect the rights, property, or safety of Simba, our staff, our customers or other persons. This may include exchanging personal information with other organisations for the purposes of fraud protection and credit risk reduction.
4.5. We may also disclose and use anonymised, aggregated reporting and statistics about users of our website or our goods and services for the purpose of internal reporting or reporting to our group or other third parties, and for our marketing and promotion purposes. None of these anonymised, aggregated reports or statistics will enable our users to be personally identified.
4.6. Save as expressly detailed above, we will never share, sell or rent any of your personal information to any third party without notifying you and, where necessary, obtaining your consent. If you have given your consent for us to use your personal information in a particular way, but later change your mind, you should contact us and we will stop doing so.
- How long we store your personal information
5.1. We keep your personal information for no longer than necessary for the purposes for which the personal information is processed. The length of time we retain personal information for depends on the purposes for which we collect and use it and/or as required to comply with applicable laws and to establish, exercise or defend our legal rights.
5.2. The table below sets out information on how long we store some of your personal information:
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Data Type |
Maximum Duration |
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Visitors to our website (who start any order process and then abandon their cart): Data collected during the checkout process on the Simba website where a potential customer does not complete the checkout process under the PECR Exemption to send you messages about products or services you may be interested in. See section 2.1 for further details. |
3 years |
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Customers (other than a customer who orders a free sample): Data collected during the checkout process on completion of an online purchase on the Simba website where optout from the PECR Exemption is checked. See section 2.2 above for further details. |
10 years (in line with our 10 year guarantee, so we can administer the guarantee, so that the status or lack of status of any insurance product can be properly verified, and to evidence your status as a Consumer Group member or otherwise at the point of sale to comply with compliance obligations now and in the future) |
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People who contact us with enquiries: Data provided by customers who make customer services or technical support enquires with Simba. See section 2.3 for further details. |
2 years. |
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Sleep and other survey data: Data collected from customers who take part in a survey or questionnaire issued by Simba following a purchase, which may include information relating to health conditions. |
12 months |
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Contact details collected pursuant to the PECR Exemption during a checkout process (for example, ordering a free sample of fabric) which is completed by a customer, for direct marketing purposes: we use this information to send you messages about products or services you may be interested in. |
We will retain this information until you request that we delete this information. |
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Contact details collected via points of intake on our website or on a third party provider’s site generally controlled by us (including, but not limited to, where a survey is administered by us using a third party service) or partially controlled by us (including, but not limited to, where your consent to our use of your data for marketing contact purposes is obtained on our behalf by a third party during verification of your status as a member of a Consumer Group) where the point of intake indicates the purpose is for marketing, inclusion on a newsletter list, or to otherwise allow us to keep you up to date about products or services you may be interested in. |
We will retain this information until you request that we delete this information. |
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Customers who order a free sample: Data collected during the checkout process on completion of an online order on the Simba website specifically for free samples, where optout from the PECR Exemption is checked. Please see section 2.2 above for further details. |
2 calendar months |
- Your rights
6.1. You have certain rights in relation to your personal information as set out in the retained EU law version of the General Data Protection Regulation as established by the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (the “UK GDPR”). If you would like further information in relation to these or would like to exercise any of them, please contact us via email at hello@simbasleep.com at any time. You have the following rights:
- Right of access: You have a right of access to any personal information we hold about you. You can ask us for a copy of your personal information; confirmation of whether your personal information is being used by us; details about how and why it is being used; and details of what safeguards are in place if we transfer your information outside of the UK or the European Economic Area ("EEA").
- Right to request updates: You have a right to request an update to any of your personal information which is out of date or incorrect.
- Right to request deletion: You have a right to ask us to delete any personal information which we are holding about you in certain specific circumstances. You can ask us for further information on these specific circumstances by contacting us using the details in section 12. We will pass your request onto other recipients of your personal information unless that is impossible or involves disproportionate effort. You can ask us who the recipients are using the contact details in section 12.
- Right to restrict use: You have a right to ask us to restrict the way that we process your personal information in certain specific circumstances. You can ask us for further information on these specific circumstances by contacting us using the details in section 12. We will pass your request onto other recipients of your personal information unless that is impossible or involves disproportionate effort. You can ask us who the recipients are using the contract details in section 12.
- Right to stop marketing: You have a right to ask us to stop using your personal information for direct-marketing purposes. If you exercise this right, we will stop using your personal information for this purpose.
- Right to data portability: You have a right to ask us to provide your personal information to a third party provider of services. This right only applies in certain circumstances where we use your personal information on the basis of your consent or performance of a contract; and where our use of your information is carried out by automated means.
- Right to object: You have a right to ask us to consider any valid objections which you have to our use of your personal information where we process your personal information on the basis of our or another person or entity’s legitimate interest.
6.2. We will consider all such requests and provide our response within a reasonable period (and in any event within one month of your request unless we tell you we are entitled to a longer period allowed by applicable law). Please note, however, that certain personal information may be exempt from such requests in certain circumstances, for example if we need to keep using the information to comply with our own legal obligations or to establish, exercise or defend legal claims.
6.3. If an exception applies, we will tell you this when responding to your request. We may request you provide us with information necessary to confirm your identity before responding to any request you make.
6.4 You have the right to opt out of our use of the PECR Exemption to process your personal information for marketing purposes. If you would like further information in relation to this or would like to exercise your right to opt out, please contact us via email at hello@simbasleep.com at any time.
- Marketing
7.1. We may collect and use your personal information for undertaking marketing by email, telephone, post, SMS, via our Advertising Partners, and via push notifications using the Simba Sleep App.
7.2. We may send you certain marketing communications (including electronic marketing communications to existing customers and to visitors who start the order process and then abandon their cart on our website) if it is in our legitimate interests to do so for marketing and business development purposes.
7.3. However, we will always obtain your consent to direct marketing communications where we are required to do so by law and if we intend to disclose your personal information to any third party for such marketing.
7.4. If you wish to stop receiving marketing communications as you wish to withdraw your consent under GDPR, and/or if you wish to opt out of marketing communications under the PECR Exemption, you can contact us by email at hello@simbasleep.com.
- Transfers
8.1. Your personal information may be used, stored and/or accessed by staff operating outside the UK and the EEA, who are working for us or other members of our group, or by third party partners or suppliers. Further details on to whom your personal information may be disclosed are set out in section 4.
8.2. If we provide your personal information to any non-UK and non-EEA members of our group or to any third parties, we will only do so if your personal information is adequately protected in accordance with this privacy policy. This may involve us entering into standard contractual arrangements with the relevant recipient of your personal information which have been approved by the European Commission or the UK Information Commissioner's Office.
8.3 In relation to transfers of your personal information from the UK to the EEA, and transfers in the opposite direction from the EEA to the UK, we will ensure your personal data is safeguarded by implementing an appropriate mechanism which is compliant with UK and EU data protection laws, such as entering into standard contractual arrangements with the relevant group member or third party which have been approved by the UK Information Commissioner's Office or the European Commission. However, if in future, either or both the UK Information Commissioner's Office or the European Commission formally decide that the EEA or the UK offer adequate protection to safeguard the personal data of their respective data subjects without the need for any additional specific safeguarding measures we will rely on this decision, unless such decision is revoked or invalidated for any reason.
8.5. Further details on the steps we take to protect your personal information, in these cases is available from us on request by contacting us by email at hello@simbasleep.com at any time.
- Risks and security
9.1. The main risk of our processing of your personal information is if it is lost, stolen, accessed without authorisation or misused. This could lead to your personal information being in the hands of someone else who may use it fraudulently or make public information that you would prefer to keep private.
9.2. For this reason, Simba is committed to protecting your personal information from loss, theft, unauthorised access and misuse. We take all reasonable precautions to safeguard the confidentiality of your personal information, including through use of appropriate organisational and technical measures. Organisational measures include physical access controls to our premises, implementing internal policies and staff training and ensuring confidentiality obligations are imposed on our employees and third parties. Technical measures include requiring passwords for access to our systems, and, where possible, multi-factor authentication, the use of encryption and anti-virus software and logically separating data.
9.3. Our secure server software encrypts information, ensuring that online transactions stay private and protected. Simba uses a security protocol called “SSL3”.
9.4. In the course of provision of your personal information to us, your personal information may be transferred over the internet. Although we make every effort to protect the personal information which you provide to us, the transmission of information over the internet is not completely secure. As such, you acknowledge and accept that we cannot guarantee the security of your personal information transmitted to our website and that any such transmission is at your own risk. Once we have received your personal information, we will use strict procedures and security features to prevent unauthorised access to it.
- Links to other websites
10.1 This privacy policy only applies to the personal information that we collect or which we receive from third party sources. We cannot be responsible for personal information about you that is collected and stored by third parties.
10.2 Our website may contain hyperlinks to websites or widgets connecting to third party assets (including, but not limited to, third party external verifiers of Consumer Group status) that are not operated by us.
10.3 These hyperlinks and widgets are provided for your reference and/or your convenience only.
10.4 Third party websites and services attached to widgets have their own terms and conditions and privacy policies, and you should read these carefully before you submit any personal information to these websites or via these widgets.
10.5 A hyperlink to a third party site does not necessarily imply either any endorsement of the activities of such third-party websites, and does not necessarily connote that we have any association with their operators.
- Changes to the policy
11.1 We may update our privacy policy from time to time. Personal Information collected prior to the the date set out at 12.3 below may be processed by us subject to a legacy version of our privacy policy.
11.2 If you require further information about a legacy privacy policy, you can contact us by email at hello@simbasleep.com. Any changes we make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by post or email. Please check back frequently to see any updates or changes to our privacy policy.
- Questions and Complaints
12.1. If you have any queries or complaints about our collection, use or storage of your personal information, or if you wish to exercise any of your rights in relation to your personal information, please contact hello@simbasleep.com. We will investigate the matter promptly and attempt to resolve any such complaint or dispute regarding the use or disclosure of your personal information.
12.2. In accordance with data protection laws, you may also make a complaint to the Information Commissioner’s Office, or the data protection regulator in the country where you usually live or work, or where an alleged infringement of the UK GDPR has taken place. Alternatively, you may seek a remedy through the courts if you believe your rights have been breached.
12.3 The practices with regard to personal information described in this privacy policy statement are current as of 29 August 2024.