Privacy Policy

This Privacy Policy (“Privacy Policy”) describes the information online collection, use, and dissemination practices of Couchcycled, LLC, a Texas limited liability company, or any of its parents, subsidiaries, or affiliates (“Couchcycled”) and applies to Couchcycled’s collection, use, storage, and disclosure of information by Couchcycled on any website owned and/or operated by Couchcycled, including any website where this policy is posted (“Websites” or, individually, the “Website”). Couchcycled is not responsible for the information collection or privacy practices of third-party websites or applications. All references here to “we” or “us” refer to Couchcycled only. All references herein to “you” refer to any user of this Website.

BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS (“TERMS”) OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT PROVIDE ANY INFORMATION OR USE ANY OF THE SERVICES OR PRODUCTS OFFERED OR PROVIDED ON THIS WEBSITE. 

PLEASE NOTE: THIS PRIVACY POLICY MAY CHANGE FROM TIME TO TIME AND SUCH CHANGES ARE EFFECTIVE UPON POSTING. PLEASE CHECK BACK FREQUENTLY FOR UPDATES AS IT IS YOUR SOLE RESPONSIBILITY TO BE AWARE OF CHANGES. WE DO NOT PROVIDE NOTICES OF CHANGES IN ANY MANNER OTHER THAN BY POSTING THE CHANGES AT THIS WEB SITE. YOUR CONTINUED USE OF THIS WEBSITE AFTER ANY SUCH CHANGES HAVE BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO THOSE CHANGES, INFORMATION COLLECTION, USE AND DISSEMINATION PRACTICES.

PERSONAL INFORMATION

Couchcycled collects information from individuals by various methods, including, but not limited to, when individual places an order through the Website, contacts our Customer Care Center through the Website, or completes any other action that requires you to submit information about yourself. The types of information we may collect from you through these methods includes your name, email address, street address, zip code, telephone numbers (including cell phone numbers), credit card account and billing information, and such other information as may be requested from time to time (together, “Personal Information”).

Couchcycled may use the Personal Information that you submit to fulfill an order that you have placed through this Website, respond to your request for information or customer service, distribute further marketing communications including but not limited to utilization of SMS text messages, and for any other purposes indicated elsewhere in this Privacy Policy or on the Website at the time of collection.

Couchcycled may also use Personal Information for content improvement and feedback purposes. We may disclose Personal Information to contractors and service providers that help us provided services to you or deliver products or services to you. For example, we may disclose your billing information to payment processors to complete a financial transaction, and we may disclose your shipping address to fulfillment and shipping contractors responsible for delivering products to you. We may share your Personal Information with our marketing partners and other reputable organizations to bring selected retail opportunities to you and for other marketing purposes. These third parties may include providers of direct marketing services and applications, including lookup and reference, data enhancement, SMS text messaging, suppression, and validation.

If Couchcycled or our assets are acquired by another company, that company will possess the Personal Information collected by us and it will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy. In addition, Couchcycled reserves the right to release Personal Information about you if required to do so by law or to comply with valid legal process (such as a search warrant, subpoena, or court order), to protect our rights or property (including without limitation in the event of a transfer of control of our company or substantially all of its assets), or during emergencies when safety is at risk. By agreeing to these Terms, you hereby consent to disclosure of your Personal Information and/or any other records or communications regarding your relationship with us to any third party when Couchcycled determine, in its sole discretion, the disclosure to be necessary and/or appropriate.

YOUR CONSENT

This Privacy Policy sets forth the Website’s current policies and practices with respect to nonpublic personal information of the users of the Website. By using this Website, you agree with the terms of this Privacy Policy. Whenever you submit information via this website, you consent to the collection, use, and disclosure of that information in accordance with this Privacy Policy.

 NON-PERSONAL INFORMATION

Couchcycled may collect non-personally identifiable information about your computer and navigation patters while on our Websites. For example, our systems may automatically note your Internet Protocol (“IP”) address, your computer’s operating system, the browser you use for Internet access, and the specific web pages visited during your connection. We may also track data such as the total number of visits to the Website, and the number of visitors to each page of the Website. We may use non-personally identifiable information to help us improve our Websites. We may also use non-personally identifiable information in aggregate form for system maintenance to better understand how our visitor use our site and services. We may share statistical or demographic information in aggregate form with third parties for marketing or research purposes.

Couchcycled currently uses cookie and web beacon technology to associate certain non-personally identifiable information about you with Personal Information about you in our database.

Additionally, Couchcycled may use other new and evolving sources of information in the future. A cookie is a small amount of data stored on the hard drive of your computer that allows Couchcycled to identify you with corresponding data that resides in our database. You may read more about cookies at http://cookiecentral.com. You may disable cookies while using our Websites; however, you will need to enable and accept cookies in order to use all of the features and functionality of the Websites, including ordering features. A web beacon is programming code that can be used to display an image on a web page (by using a programming function). See http://truste.org for more information about web beacons. Web beacons can also be used to transfer an individual user’s unique user identification information (often in the form of a cookie) to a database and associate the individual with previously acquired information about an individual in a database. Web beacons allow Couchcycled to track individual visits on certain websites. Web beacons are used to determine products or services an individual may be interested in, and to track online behavioral habits for marketing purposes.

CHILDREN’S PRIVACY

Couchcycled’s Websites are intended for adults. Couchcycled will never knowingly collect, use, or share any personal information about children under the age of 18. If Couchcycled obtains actual knowledge that it has collected personal information about a child under the age of 18, that information will be immediately deleted from our database. We encourage parents to talk to their children about their use of the Internet and the information they disclose to websites. Couchcycled has designed this policy in order to comply with the Children’s Online Privacy Protection Act (“COPPA”).

DATA SECURITY

The credit card information or other account information that you input at the time of purchase is protected by encrypted technology for your secure communication. Although Couchcycled makes commercially reasonable efforts to protect Personal Information from unauthorized access, use, and disclosure, you ultimately assume the risk of any damage or loss as a result of transmitting such information to Couchcycled through this Website, including but not limited to, identify theft, credit card fraud or credit card loss.

LEGAL BASIS FOR PROCESSING PERSONAL DATA UNDER GENERAL DATA PROTECTION REGULATION (GDPR)

If you are from the European Economic Area (“EEA”), Couchcycled’s legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Information we collect and the specific context in which we collect it.

Couchcycled may process your Personal Information because:

We need to perform a contract with you

You have given us permission to do so

The processing is in our legitimate interests, and it’s not overridden by your rights

To comply with the law

YOUR PERSONAL INFORMATION PROTECTION RIGHTS UNDER GENERAL DATA PROTECTION REGULATION (GDPR)

If you are a resident of the EEA, you have certain information protection rights. Couchcycled aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information.

If you wish to be informed what Personal Information Couchcycled holds about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Information directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.

The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

The right to object. You have the right to object to our processing of your Personal Information.

The right of restriction. You have the right to request that we restrict the processing of your Personal Information.

The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.

The right to withdraw consent. You also have the right to withdraw your consent at any time where we relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority in the EEA.

YOUR PERSONAL INFORMATION PROTECTION RIGHTS UNDER THE CONSUMER PRIVACY PROTECTION ACT (“CCPA”)

If you are a resident of California, you have certain information protection rights under the Consumer Privacy Protection Act (“CCPA”). Couchcycled aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information.

If you wish to be informed what Personal Information Couchcycled holds about you and if you want it to be removed from our systems, please contact us.

Under the Consumer Privacy Protection Act, you have the following data protection rights:

The right to access data. This right to access data grants a person the ability to request that a business confirm whether it has personal information about him or her, the type of personal information that the business keeps about the individual, and/or a copy of the specific information that the business has on file. For inquiries click the following link: What information do you have on me?

The right to be forgotten. The right to be forgotten grants the ability of a person to request that a business delete the personal information that it holds about them.

The right to opt-out from having information sold. The right to opt-out grants to the ability of a person to direct that a business cannot sell the personal information that it holds about them.

The right to opt-in to having information sold. The right to opt-in refers to the requirement within the CCPA that a business cannot sell the personal information of a consumer that is less than 16 years old unless the business has received “opt-in” consent – i.e., affirmative authorization for the sale of the information. If a child is between the ages of 13 and 16, they can provide the necessary opt-in consent directly to the business.  If a child is under the age of 13, a parent or guardian must provide the consent.

The right to receive services on equal terms. The right to receive services on equal terms prevents Couchcycled from discriminating against you when exercising your rights under the CCPA.

In order to exercise your right under the CCPA, you may make a request to have any personal data collected removed by clicking the following link and filling out the “Contact Us” form at the bottom of this page. Requests to remove personal information will remove all past information collected. Please note that we may ask you to verify your identity before responding to such requests.

E-MAILS

You may receive e-mail messages from us. If you no longer wish to receive these communications, let us know by following the opt-out directions on any of the e-mail messages you have received from us. 

ARBITRATION

Our privacy policy or any claim, cause of action or dispute (“claim”) arising out of or related to our privacy policy shall be governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Texas, notwithstanding of any conflicts of law principles. Additionally, you agree that all such claims must be resolved exclusively by a state or federal court located in the State of Texas, except as described in the immediately following paragraphs regarding arbitration.

You agree to resolve disputes through arbitration.

Any dispute or claim relating in any way to our privacy policy will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to our privacy policy.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis, the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of our privacy policy as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives, and the arbitrator will apply applicable law and the provisions of our privacy policy and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review.

If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration).

Regardless of any statute or law to the contrary, notice on any claim arising from or related to our privacy policy must be made within one (1) year after such claim arose or be forever barred. For purposes of this section, our privacy policy and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).

LINKS TO EXTERNAL WEBSITES

Couchcycled’s Websites may contain links to external websites that are not controlled by or under the ownership of Couchcycled. You will be taken to external websites if you click on these links. Couchcycled is not responsible for the privacy practices or content of any external website owner. We encourage you to review the Privacy Policy of any third-party website you visit.

HOW YOU CAN ACCESS OR CORRECT INFORMATION

To access the Personal Information that this Website has collected about you, to correct factual errors in such information, or to update any portions of your user profile, please contact us using the contact information below.

HOW TO CONTACT US

If you have any questions, comments, or concerns about this Privacy Policy or the information practices of this site, please contact our customer support team at (214) 517-3971 or email us at [email protected].

 

Last Updated: December 22, 2021.

Couchcycled, LLC. Copyright 2022.