Privacy Policy

This privacy policy (the “Privacy Policy”) describes how and when Calm Better Days LLC (“CALM BETTER DAYS” “us” “we” “our”) collects, uses, and shares your information when you use and/or access the Calm Better Days website located at www.calmbetterdays.co (the “Site”), our mobile application(s), our related website(s), service(s), marketplace(s), and software, and any other website which this Privacy Policy is posted (collectively, with the Site the “Services“). This Privacy Policy explains the information gathering, use and sharing practices for the Services, including what information is collected, how that information is acquired, maintained, stored, shared and/or used, and your privacy choices. This Privacy Policy is independent from our offline personal data collection practices. When using any of our Services you consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy.

What Types of Personal Information We Collect

In operating the Services, we may collect a variety of user-submitted information such as names, addresses, phone numbers, email addresses, user name, password, mailing address, birthday, zip code, date of birth and other contact or identifying information or any other information that can be used to distinguish or trace an individual’s identity or permits a specific individual to be contacted physically or online (“Personal Information”). You may view the Site without registering or submitting any Personal Information, in which case we will be only collecting non-personal information (discussed below).

 

When We Collect Personal Information and What Types of Personal Information We Collect

When You Send Email Communications: When you contact us via e-mail or otherwise through the Services (including through the “contact” section of the Site), your name, e-mail address, and other Personal Information you use or submit to communicate with us will be subject to this Privacy Policy. The contents of your email communications including any information, resumes, ideas, concepts or inventions, will not be subject to this Privacy Policy. We may keep a record of your communications with us and use the contents of those communications for any purpose.

When you Sign Up for Newsletters, RSVP For Events. When you sign up to receive our newsletters or RSVP for events through the Services, you may be required to provide Personal Information such as your name, location, age and e-mail address. 

When you Participate in Surveys, Forums, or Create an Account. To use certain features of the Services, you may be required to provide Personal Information and/or register or create an account. You may view the Site without registering or submitting any Personal Information, in which case we will be only collecting non-personal information (discussed below). From time to time, we may provide various types of review forms, review areas, and other message areas (“Forums”). In order to participate in any of these Forums, you will be required to submit Personal Information and may be required to register and create an account. Any information you post will be public information and the contents of any such postings will not be subject to this Privacy Policy. We may keep a record of your postings to the Site and/or Services and use the contents of those postings for any purpose. All information besides Personal Information you submit in connection with review forms, review areas, or otherwise submit through online forms, or surveys may be collected and used by us for any purpose.

When You Make A Purchase: When you send payment through our Services, a third party service provider collects payment information, which may including your credit or debit card number, card expiration date, and CVV code (“Payment Information”). Any time Payment Information is collected, it will be used only to process the payment transaction. We do not store or have access to your Payment Information collected in connection with purchases made through the Services. In most cases, these third party service providers also collect Personal Information from you in connection with your purchase, such as your name, e-mail address, shipping address and billing address. Our third party service provider shares some of the Personal Information they collect with us in order to facilitate order fulfillment, and so we may further communicate with you about your purchase.  Any Personal Information we receive from our third party service providers will be processed by Calm Better Days in accordance with this Privacy Policy. However, such third parties may have different privacy practices, and we encourage you to read their privacy policy before completing a purchase. Additionally, we may collect and store transaction history information created by purchases you make through the Services. By making a purchase through the Services, you consent to the use and access of your Personal Information by Word Press as provided in their privacy policy (as updated from time to time), which can be found here (https://automattic.com/privacy/).

Third Parties: We may also receive Personal Information collected by from our other third party partners, service providers and affiliates in order to facilitate transactions in connection with the your use of the Services and/or who we engage to provide services to facilitate the operation of the Services,.  All Personal Information collected by such third parties and shared with Calm Better Days will be treated in accordance with this Privacy Policy by us, unless otherwise stated herein.  

Other sources of Personal Information or data: If we receive Personal Information or data from you through our Services other than as described in this Privacy Policy, it will still be used and managed in accordance with this Privacy Policy, unless otherwise stated at the time you provide the information.

Please note, if you use any social media plugin, API, or other similar feature, use an event hashtag or similar link, or otherwise interact with us or our Services via social media, anything you post may be made available on our Services or to the general public. If you post a comment or content to social media that references our official accounts, your comment or content will not be subject to this Privacy Policy, and we may share, rebroadcast, or redisplay that information or other information derived from your social media interactions to the extent permitted by the terms of use governing the relevant social media service. Please note that when you provide personal information in publicly visible areas of social media services, it may be viewed by other members of these sites and we cannot prevent further use of the information by third-parties. When you engage with our content on or through social media services or other third-party platforms, plug-ins, integrations and applications, you may allow us to have access to certain information from your social media profile (e.g., name, e-mail address, gender, birthday, location, an ID associated with the applicable third-party platform or social media service, your photos and videos, your list of friends or connections, people you follow and/or who follow you, your posts or ‘likes’) to deliver the content or as part of the operation of the application. By engaging with our content through social media services or third-party platforms, you consent to the use of this information in accordance with this Privacy Policy. We may also obtain non-personally identifiable information from your interaction with our content. We may combine information which we obtain through third-party platforms or social media services with information we obtain directly through the Services or from other sources.

Please note, any information collected under this Privacy Policy may be associated with other information about you, whether by us or a third party service provider. For example, we may from time to time obtain data from third parties such as business partners or other companies and append it to existing user data to add more detail to the information we have about you.

 

What We Do With Personal Information We Collect

We may use and store your Personal Information to send you information about our Services, respond to your requests, communicate with you, answer questions, resolve concerns, facilitate use of the Services, facilitate purchases and transactions and payments, to inform and notify you of new products, services, or events (this may be our products, services or events, or our partners, sponsors or other third parties), send you service notifications, and to solicit your feedback and input. We may also use your Personal Information to send you marketing materials, (these may be about our products, services or events, or our partners, sponsors or other third parties) newsletters, or other information related to the Services, and to improve the Services. In addition, we may use your Personal Information to verify your identity, to check your qualifications, optimize or improve our products and services and operations, detect investigate and prevent activities that may violate our policies or be illegal.  We or the third party service provider may also add your Personal Information to either of our databases in order to inform you of upcoming events, offers or other information that may be of interest to you. We or a third party service provider may also collect and store your purchase information and associate it with other Personal Information held about you in order to personalize the services and relevant offers, including sending you relevant offerings and information about events in your area.

 

When Do We Share Personal Information We Collect

Your Consent: We may share or disclose your Personal Information at your direction or with your consent.

Service Providers: We engage service providers to perform functions and provide core services to us related to the operation of the Services. We may share your Personal Information with such service providers subject to confidentiality obligations consistent with this Privacy Policy, and on the condition that the third parties use your private personal data only on our behalf and pursuant to our instructions. For example, we may share certain Personal Information we collect with third parties such as providers of products, shipment processors, payment processors, or other service providers.

Business and Marketing Partners. Because we sometimes work with businesses and individuals that we do not control, in some cases, you may be entering into correspondence or possibly transactions (that include the disclosure of your Personal Information) with one of these businesses or individuals. We may share your Personal Information with our business partners, clients, co-sponsors or other third parties so that they may contact you in order to facilitate requested and/or approved transactions (such as when a third party company partnered event), and send you promotional materials or otherwise contact you regarding products and services that they offer. You will be notified any time a transaction involves a third party. When you choose to RSVP to any of our events, any Personal Information you provide in connection with your participation may be shared with any named co-sponsors, business partners or other third parties affiliated with such event. We do not sell Personal Information to any third party. We may also share your Personal Information and other information with trusted third party partners for marketing, advertising, or other purposes, and we may occasionally allow third parties to access certain Services for marketing purposes.

Product Partners:  We share your Personal Information with our product partners in order to facilitate order deliveries.

Law and Harm: Notwithstanding anything to the contrary in this Privacy Policy, we may preserve or disclose your Personal Information if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect Calm Better Days’  rights or property. However, nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s, request to disclose your information. Additionally, we may disclose Personal Information in situations that we believe to be emergencies involving potential threats to the physical safety of any person or property if we believe that your information in any way relates to that threat.

Business Transfers: In the event that we are involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your Personal Information may be sold or transferred as part of that transaction. The promises in this Privacy Policy will apply to your information as transferred to the new entity.

 

Non-Personal Information Collection, Sharing and Use

We collect anonymous information through your use of the Services. Anonymous information means information that does not directly or indirectly identify and individual user. We additionally may aggregate information collected from users (which may be Personal Information and/or anonymous information) about groups or categories of users, which does not identify and cannot reasonably be used to identify an individual user.

Cookies: Like many websites, we use “cookie” technology to collect additional website usage data and to improve our Services, but we do not require cookies for many parts of our Services. A cookie is a small data file that is transferred to your computer’s hard disk. We may use cookies to better understand how you interact with our Services, to monitor aggregate usage by our users and web traffic routing on our Services, and to customize and improve our Services. Most Internet browsers automatically accept cookies. If you do not want cookies from us or other websites, you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. However, some Services may not function properly if you disable cookies.

Automatic Collection: Our servers automatically recognize visitors’ domain names and IP addresses and may also identify your computer and connection information, as well as information about your browser type and browser settings and (where possible) your geographic location. No personal information about you is revealed in this process. The Services may also use other methods to gather anonymous “traffic data” that does not personally identify you, but that may be helpful for marketing purposes or for improving the Services. We may also use tracking methods in email messages that we send to our users so that we can track which recipients have opened those messages.

Links: We may keep track of how you interact with links across the Services, including our email notifications, third-party services and client applications, by redirecting clicks or through other means. We do this to help improve our Services, to provide more relevant advertising, track actions taken, and to be able to share aggregate click statistics such as how many times a particular link was clicked on.

Third-Parties and Affiliates: We may have arrangements with third parties who provide or track usage, or who provide other services necessary for the operation of the Services, such as Google Analytics and Facebook Analytics. These third-party services help us provide the Services, and to help us understand and improve the use of the Services. These third-party service providers may collect information sent by you and/or your browser as part of a web page request, such as cookies or your IP address. These third-parties may share information with us, like a browser cookie ID, website URL visited, mobile device ID, links users clicked on, actions taken or cryptographic hash of a common account identifier (such as an email address or unique identifier numbers), to help us measure ads, to notify us if users have taken certain actions, and/or to facilitate transactions or requests.

We use non-personal information collected through your use of the Services to help improve our Services, to help us understand the use of our Services, to help us better understand how you interact with our Services, to monitor aggregate usage by our users and web traffic routing on our Services, to improve our marketing services, for sales and marketing purposes, to customize our Services, and for other internal purposes. We may also use non-personal information collected through use of the Services for any purpose.

We may share or disclose your non-private, aggregated or otherwise non-personal information, such as the number of users who clicked on a particular link or how many users visit the Site and/or access the Services (even if only one did) with any third party for any purpose.

 

Our Policy Towards Children

Calm Better Days maintains the Services for the use of individuals who are 18 years of age or older. We do not solicit or knowingly collect Personal Information from any individuals under such age, and we do not knowingly market our products or services to persons under such age. Prior to the collection of any Personal Information, you will be required to affirm that you are 18 years of age or older. Please do not provide us with your Personal Information if you are not of such age.  If we receive notice or believe that someone under 21 years old has provided us with Personal Information we will use reasonable efforts to remove such Personal Information from our files, or to flag such Personal Information and (to the extent permitted by law) retain it for the sole purpose of ensuring that it is no longer used.

Our Services are not directed to persons under 13. If you become aware that your child has provided us with personal information without your consent, please contact us at info@calmbetterdays.co. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child’s account unless we receive verifiable parental consent.

 

Your Privacy Choices

You may opt-out of receiving email communications and other marketing materials from us (or any third party email marketing service we may use) via link provided in each email.  Please note, if you do not wish for us to provide certain information to one or more of our service providers, we may be unable to complete a transaction you request.

If you are a registered user of our Services, we provide you with tools and account settings to access or modify the profile information you provided to us and associated with your account.

You can notify us at any time by contacting us at info@calmbetterdays.co that you want to edit, correct or remove (and therefore terminate our storage of) your Personal Information, and upon receipt of that notice, we will remove all information about you from our database, at which point you may no longer be able to access certain features of the Services that require registration unless you re-register.

We do not currently maintain any procedures for you to review the information that we collect about you; your only option at this time is to request alteration or deletion of all Personal Information about you in our databases.

 

Information Security

We restrict access to your Personal Information to Calm Better Days employees, contractors, agents and third party service providers who need to know that information in order to operate, develop or improve the Services. These individuals and entities are bound by confidentiality obligations. This policy reflects the practices of any third party service providers that collect information that we use and store on our behalf. 

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.

 

Updates and Changes to this Policy

We may revise this Privacy Policy from time-to-time, without advanced notice to you. The most current version of our Privacy Policy will be posted to this URL. If we make changes to the Privacy Policy that we determine, in our sole discretion, are material, we will notify you either via email, if you have provided one, or by posting a notification on the Site. Once posted, the changes to the Policy will be effective immediately. By continuing to access or use our Services after changes have become effective, you agree to be bound by the terms of the revised Privacy Policy. If you do not agree with our Privacy Policy, please do not use our Services.

 

How We Respond to “Do Not Track” Requests- California Do Not Track Disclosures 

We currently do not respond to Do Not Track signals sent by browsers.

 

Notice to California Residents

Under California law, California residents who have provided personally identifiable information to a company may have the right to request a list of all third parties to whom that company had disclosed such information for the third parties’ direct marketing purposes during the preceding calendar year, along with a list of the categories of personal information that had been so disclosed. If you are a California resident who would like information on how to exercise your rights concerning third party disclosures, you may send an email to us or contact us via postal mail at: 

Calm Better Days 

128 East Broadway Unit 876

New York, New York, 10002

Attn: California Privacy Rights Administrator 

Email: info@calmbetterdays.co

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

Third Party Sites and Services

This Privacy Policy only addresses the use and disclosure of information by us. Other websites that may be accessible through this Site, including third party websites available through links on our Services (“Linked Sites”), have their own privacy policies and data collection, use and disclosure practices.  We encourage you to familiarize yourself with the privacy statements provided by all third parties prior to providing them with information, as we have no control over, and are not liable for, their privacy practices.

If you interact with us on social media platforms, such as Facebook or Twitter, those interactions are governed by the terms and privacy policies of the social medial platform providers. 

 

Foreign Users

 If you are outside the United States, by using the Services, you are consenting to having your Personal Information transferred to the United States.

 

LIMITATION OF LIABILITY

By providing us with any Personal Information you expressly and unconditionally release and hold harmless Calm Better Days, its parents, subsidiaries, affiliates, related companies and their respective shareholders, owners, members, directors, officers, managers, employees and agents (collectively, the “Releases”) from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the use and/or misuse of your collected Personal Information. In addition, we cannot be held liable for any injuries, loss or damage of any kind arising from or in connection with the use and/or misuse of your Personal Information by any third parties who receive your Personal Information. We make no representations or warranty regarding any third-party’s use, collection or disclosure of your Personal Information. 

 

Contacting Us

If you have any questions, concerns or comments about this Privacy Policy or the treatment of your Personal Information please email us at info@calmbetterdays.co.

 

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