Privacy Policy

Protecting your information is our priority. We recognize that your privacy is very important and take it seriously. This Privacy Policy is provided by Imaginarium & Co, Inc. (“Imaginarium”, “we”, “our”, “us”) and governs data collection and usage on our website at www.imaginariumandco.com (“Website”), on other services where we post this Privacy Policy or in our owned and operated retail stores (collectively, the “Service”).

Overview

We collect Personally Identifiable Information (as defined below) from users of our Service when it is voluntarily provided by you.
We automatically collect browsing information from users of our Website for advertising and analytical purposes.
You can access, delete and control certain uses of your information.
We will not use or share your information with anyone except as described in this Privacy Policy.

Special assistance is available for persons with disabilities. If you need assistance accessing our Website, please contact us at info@imaginariumandco.com.

By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Service.

IF YOU ARE A RESIDENT OF CALIFORNIA AND CERTAIN OTHER STATES WITH COMPREHENSIVE CONSUMER PRIVACY LAWS, PLEASE SEE THE SECTIONS “CALIFORNIA CONSUMER NOTICE” AND “OTHER U.S. STATES” FOR SPECIFIC DISCLOSURES WITH RESPECT TO OUR COLLECTION, USE, AND DISCLOSURE OF YOUR INFORMATION AND ADDITIONAL RIGHTS YOU HAVE UNDER APPLICABLE LAW.

Collection of Your Information

The categories of information we may collect through this Service are:

(1) Personally Identifiable Information - such as a name, email address, physical address, telephone number, and any other information that identifies you as an individual person.

(2) Non-Personally Identifiable Information – such as demographic information, general interests, and information that does not directly identify you as an individual person, including aggregated or anonymized information. We may also collect images via cameras in our retail locations.

(3) Browsing Information - such as information about your equipment, browsing actions, and patterns, information about your device and internet connection, including your IP address, operating system, and browser type, provided such information does not directly identify you as an individual person.

Personally Identifiable Information is only collected from you when you voluntarily provide it to us. If you purchase Imaginarium products, your billing and credit card information will be provided by you directly to our payment processor, Shopify. They are only authorized by Imaginarium to use this information to process your order Imaginarium will only receive the credit card type, last 4 numbers of the payment method, transaction date, transaction amount and a transaction ID.

Use of Your Information

Imaginarium uses and shares your information as follows:

To operate the Service and deliver the products and services you have requested.
To manage fulfillment, customer service, returns, warranty and other operational functions.
To contact you via email, SMS text message (provided you have given your consent, which can be withdrawn as set forth in the “Your Choices About Your Information” section below), postal mail and other methods.
To inform you of other products or services available from Imaginarium and its affiliates.
To contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
To contact you with newsletters, marketing or promotional materials and other information that may be of interest to you.
With trusted vendors to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personally identifiable information except to provide these services to Imaginarium, and they are required to maintain the confidentiality of your information.
When required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Imaginarium; (b) comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service; (c) protect and defend the rights or property of Imaginarium; and, (d) act under exigent circumstances to protect the personal safety of users of Imaginarium, or the public.
In connection with a merger, sale, reorganization or bankruptcy involving Imaginarium.
Otherwise with your consent.

Information Collected Automatically

Browsing information may be automatically collected by Imaginarium and third parties (as described below) from your device. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, for advertising, and to provide general statistics regarding use of the Website. Browsing information and Non-Personally Identifiable Information may be shared with a number of third parties.

When you use the Service, we use persistent and session cookies (for information on cookies, please see below) and other tracking technologies such as log files and clear GIFs to: (a) store your username and password; (b) analyze the usage of the Service, such as the number of clicks, time spent on parts of the Service or search results; (c) customize the Service to your preferences; and (d) control the advertising displayed by the Service. We also may include clear GIFs in HTML-based emails sent to our users to determine whether the message has been opened. As we adopt additional technology, we may also gather additional information through other methods.

We may collect different types of information about your location, including general information (e.g., IP address, zip code) and may use that information to customize the Service with location-based information and features. The location information we collect is not precise, but rather is at the zip code, town or similar level. If you access the Service through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this.

Use of Cookies

We may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your device by a web page server. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time and to tell the Web server that you have returned to a specific page. For example, if you personalize Imaginarium pages, or register with Imaginarium site or services, a cookie helps Imaginarium to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Imaginarium website, the information you previously provided can be retrieved, so you can easily use the Imaginarium features that you customized.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Imaginarium services or websites you visit.

Non-Personally Identifiable Information:

As noted above, we may collect information that is not Personally Identifiable Information (“Non-Personally Identifiable Information”). We may aggregate or de-identify Personally Identifiable Information so that the information does not personally identify you or anyone else directly. Because Non-Personally Identifiable Information, including aggregate or de-identified information, does not personally identify you directly, we may collect, use and disclose Non-Personally Identifiable Information for any purpose permitted by law and subject to the section titled California Consumer Notice. In some instances, we may combine Non-Personally Identifiable Information with Personally Identifiable Information. If we combine any Non-Personally Identifiable Information with Personally Identifiable Information, the combined information will be treated by us as Personally Identifiable Information.

Interest-based Advertising

We want our marketing efforts to be reflective of the interests and behaviors of our users. Therefore, we may work with third parties who collect information on our Website and elsewhere through the use of cookies and similar methods in order to serve you with relevant advertisements on other services or to determine that you have seen our advertisements on other services. For example, if you view information about a particular mattress on our Website, we may target advertising to you on other websites and services (such as unaffiliated websites and social media services) about that mattress. This method of advertising is sometimes called “interest-based advertising.”

For example, Google, as a third-party vendor, uses cookies to serve ads in connection with our advertising Google’s use of cookies enables it and its partners to serve ads to our users based on their visit to our Service or other websites on the Internet. You may opt out of the use of the cookie for interest-based advertising by visiting the Google Ads Settings webpage.

You do have the ability to control certain advertising practices through the Digital Advertising Alliance (DAA) and the Digital Advertising Alliance of Canada. You can learn more about interest-based advertising and opt-out of targeted advertising from certain providers with whom we work by visiting the DAA’s consumer choice pages here. Additionally, the Network Advertising Initiative (“NAI”) offers a website where you can opt out of interest-based advertising from some or all of the NAI’s members. Please note that by opting out, you will continue to see generic advertising that is not tailored to your specific interests and activities. You may need to repeat this process on every device you use.

Some browsers have a Do Not Track (“DNT”) feature that lets users signal to websites that they do not want to have their online activities tracked. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers. However, if you are a resident of certain states that require compliance, we treat opt-out preference signals as a means of opting out of the sale or sharing of personal information, or of opting out of the processing of personal information for targeted advertising, as applicable, to the extent such signals are present and readable.

Cross-Device Matching

We use Non-Personally Identifiable Information to facilitate cross-device association. We or our third-party vendors analyze device activity data using a mathematical tool known as a “probabilistic algorithm” to determine if you have interacted with content across multiple devices and to match such devices. In connection with this analysis, we may rely on Non-Personally Identifiable Information (including demographic, geographic and interest-based data) from third parties such as data vendors, pursuant to their own privacy policies or we may use the Non-Personally Identifiable Information we collect in conjunction with such third party data. Based on this data, we may then display targeted advertisements across devices that we believe are associated and may provide other services to our advertisers such as tools, analyses, data and insights to see how their website or mobile applications are used and to further enable the display of targeted advertisements to you, including across your devices. Our advertisers may also provide us with deterministic data about you that may be used to supplement our probabilistic data. Based on this data, we may then display targeted advertisements across devices that we believe are associated and may provide other services to our advertisers such as tools, analyses, data and insights to see how their website or mobile applications are used and to further enable cross-device targeting and analysis. In order to restrict our use of certain cross-device data, you may opt out in accordance with this section or the Your Choices About Your Information section below.

Security of Your Information

Imaginarium uses a variety of physical, managerial, and technical safeguards to preserve the integrity and security of your information, based on the sensitivity of the information. We cannot, however, ensure or warrant the security of any information you transmit to Imaginarium or guarantee that your information on the Service may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

The security of your information is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure.

However, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the information we have collected from you.

We will retain your information for as long as necessary for our business purposes, subject to your rights set forth below.

International Transfer

Your information, including Personally Identifiable Information, may be transferred to — and maintained on — servers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. If you are located outside the United States and choose to provide information to us, please note that we transfer the information, including Personally Identifiable Information, to the United States and process it there. Information stored in the United States may be subject to lawful requests by the courts or law enforcement authorities in the United States. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third-party’s site. We are not responsible for the practices employed by websites linked to or from the Service, nor the information or content contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website’s own rules and policies. We strongly advise you to review the Privacy Policy of every site you visit.

Our Website may have plugins from social media platforms. If you have a previous relationship with such social media platforms, then they may recognize you and combine information collected through this Website with information they already possess about you. As described in this Privacy Policy, we may work with social media platforms to target advertisements to you while you are on their services based on your visits to our Website.

Children Under 13

Protecting the privacy of young children is especially important. We do not knowingly collect Personally Identifiable Information from children under 13. If you are a parent or guardian and you learn that your children have provided us with Personally Identifiable Information, please contact us. If we become aware that we have collected Personally Identifiable Information from a child under age 13 without verification of parental consent, we take steps to remove that information from our servers.

Your Choices About Your Information

In addition to contacting us as set forth in the Contact Information section below, you are able to control the use of certain information as follows:

Do not provide information - You may, of course, decline to submit information through the Service, in which case Imaginarium may not be able to provide certain services to you.
Opt-out of Communications - If you would like to opt out of our promotional emails, you may contact us at info@imaginariumandco.com.
Cookies - You may stop or restrict the placement of cookies on your device or flush them from your browser by adjusting your web browser preferences, in which case you may still use our Website, but it may interfere with some of its functionality. Further information on cookies is available at www.allaboutcookies.org.
Interest-Based Advertising - You can opt out of certain targeted advertising by following the instructions in the Interest-Based Advertising section above.
Text Messages – You can withdraw your consent to receiving SMS/text messages from us at any time by texting STOP in response to any message from us.
California Users – If you are a resident of California, you have specific rights with respect to your personal information (as defined below) under the California Consumer Privacy Act of 2018 (“CCPA”) and other California laws. For more information, see the California Consumer Notice below.
Other U.S. State Users – If you are a resident of certain other U.S. States with comprehensive consumer privacy laws, you have specific rights with respect to your personal information. For more information, see the Other U.S. States section below.

California Consumer Notice:

We collect information (some of which may also constitute Personally Identifiable Information) that identifies, relates to, describes, references, or is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. The CCPA refers to such information as “personal information.” If you are a resident of California (“California Consumer”), the CCPA provides you with specific rights regarding your personal information. This section describes the rights that California Consumers have and explains how to exercise those rights. For the purposes of this section, personal information does not include (i) information that is lawfully made available from federal, state or local government records, (ii) de-identified or aggregated data or (iii) information excluded from the scope of the CCPA. To be clear the rights in this section are not intended to grant you additional rights, but just your rights under CCPA.

Information We Collect; How We Collect It; How We Use It

Information about our data collection during the prior 12 months is described below.

Category	Examples	Business or Commercial Purposes for Collecting Personal Information	Categories of Third Parties With Whom We Disclose, Sell, or Share Personal Information
Personal identifiers	A real name, postal address, online identifier, Internet Protocol address, email address, account name.	We use such information to better understand how the Website is being used, improve and maintain the quality of our Website and services, to provide you with information about products and services that we think might be of interest to you, to track your interaction with our communications to you and/or the advertisements and other features on our Website, and to customize the Website and our services to your preferences.	We share such information with our service providers and other third parties including our advertising partners.
Commercial information	Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	We use such information to process your orders, respond to your communications to us, to send you marketing communications and to customize the Website and our services to your preferences.	We share such information with our service providers and other third parties including our advertising partners.
Internet or other similar network activity	Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.	We use such information to better understand how the Website is being used, improve and maintain the quality of our Website and services, to provide you with information about products and services that we think might be of interest to you, to track your interaction with our communications to you and/or the advertisements.	We share such information with our service providers and other third parties including our advertising partners.

In addition to the purposes set forth in the above chart, each of these categories of personal information may be collected and used as otherwise described in Use of Your Information above.

Sharing of Personal Information

Imaginarium may disclose your personal information to a third-party for a business purpose or sell personal information collected through our Service or Services subject to your right to opt out of those sales. We may share your personal information with the categories of third parties set forth in the chart above under Information We Collect; How We Collect It; How We Use It.

Rights to Your Information

Right to Know About Personal Information Collected, Disclosed or Sold

As a California Consumer, you have the right to request that we disclose certain information to you about our collection, use, disclosure or sale of your personal information. Once we receive and confirm your verifiable consumer request, and subject to certain limitations that we describe below, we will disclose such information. You have the right to request any or all of the following:

The categories of personal information we collected about you.
The categories of sources from which the personal information is collected.
Our business or commercial purpose for collecting or selling that personal information.
The categories of third parties with whom we share that personal information.
The specific pieces of personal information we collected about you (also called a data portability request).

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies, such as for fulfilling a transaction, for product warranty or security purposes. However, we may retain personal information that has been de-identified or aggregated. Furthermore, we may deny your deletion request if retaining the information is necessary for us or our service provider(s) in order to perform certain actions set forth under CCPA, such as detecting security incidents and protecting against fraudulent or illegal activity.

Exercising Access and Deletion Rights

To exercise the access and deletion rights described above, please submit a request to us by visiting our Privacy Portal, or by contacting us at 1-833-400-2888.

The request should include your contact information and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. In addition, you should provide sufficient information that allows us to reasonably verify that you are the person about whom we collected the personal information or an authorized representative of that person.

Response Timing and Format

We will respond to consumer requests in a reasonably timely manner. If we require extra time to respond, we will inform you of the reason and extension period in writing. In order to protect the security of your personal information, we will not honor a request if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. The method used to verify your identity will depend on the type, sensitivity and value of the information, including the risk of harm to you posed by any authorized access or deletion. Generally speaking, verification will be performed by matching the identifying information provided by you to the personal information that we already have.

Personal Information Sales Opt-Out and Opt-In Rights

You have the right to direct us to not sell your personal information at any time (the "right to opt-out"). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is at least 13 and less than 16 years of age, or the parent or guardian of a consumer less than 13 years of age.

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by emailing info@imaginariumandco.com

If you use an authorized agent to exercise the right to opt out, you must provide the authorized agent written permission to do so, and we may deny the request if the authorized agent does not submit proof that it has been authorized by you to act on your behalf.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights.

Other U.S. States

The Virginia Consumer Data Protection Act, the Colorado Privacy Act, the Connecticut Data Privacy Act, the Utah Consumer Privacy Act, and similar laws in other U.S. states ("Applicable State Privacy Laws") provide consumers in those states (“Applicable States”) with specific rights regarding their Personal Information. This section describes your rights under Applicable State Privacy Laws and explains how you may exercise these rights. To be clear, these rights are granted only to the extent that you are a consumer who resides in an Applicable State, and we are acting as a controller with respect to your Personal Information. The rights in this section are not intended to grant you additional rights, but only your rights under the Applicable State Privacy Laws.

The categories of personal data we process, our purposes for processing your personal data, the categories of personal data that we share with third parties, and the categories of third parties with whom we share it are set forth in the terms of the Privacy Policy above.

Rights to Your Information

In addition to the rights set forth in our Privacy Policy, the Applicable State Privacy Laws provide you with the following rights:

Right to know. You have the right to know whether we process your personal data and to access such personal data.
Right to data portability. You have the right to obtain a copy of your personal data that you previously provided to us in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another business without hindrance, where the processing is carried out by automated means. You may request such personal data up to twice annually, subject to certain exceptions.
Right to delete. You have the right to delete personal data that you have provided by or that we have obtained about you. Please note that we may deny such request if the requested deletion falls under an exception as set forth in the Applicable State Privacy Laws. Additionally, if you request deletion of your personal data and we have obtained such information from a third-party source, we may retain such data by keeping a record of the deletion request and the minimum data necessary to ensure that your personal data remains deleted from our records and that such retained data is not used for any other purpose, or we may opt you out of the processing of such personal data for any purpose except for those allowed under the Applicable State Privacy Laws.
Right to opt-out. You have the right to opt out of the processing of your personal data for purposes of: (i) targeted advertising; (ii) the sale of personal data; or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. As of the latest date of the Privacy Policy:
o We do process personal data for the purposes of targeted advertising;
o We do not sell your personal data in exchange for monetary or other valuable consideration;
o We do not engage in profiling decisions based on your personal data that produce legal or similarly significant effects concerning you.

If you wish to opt out to the processing of your personal data for any of the above purposes, please email: info@imaginariumandco.com. For residents of Colorado and Connecticut, we will also treat opt-out preference signals as valid opt-out requests, to the extent such signals are present and readable.

Right to correct. You have the right to correct inaccuracies in your personal data, taking into account the nature of the personal data and the purposes for which we process it.
Right to non-discrimination. You have the right not to receive discriminatory treatment by us for the exercise of your privacy rights. Unless permitted by the Applicable State Privacy Laws, we will not:
o Deny you goods or services;
o Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
o Provide you a different level or quality of goods or services; or
o Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

How to Exercise Your Rights; Verifying Your Identity

To exercise any of your privacy rights, or if you have any questions about your privacy rights, you may contact us by:

Emailing us at info@imaginariumandco.com

After submitting a request, we will take steps to verify your identity in order for us to properly respond and/or confirm that your request is not fraudulent. We may contact you for additional information as reasonably necessary to authenticate your request, but if we are ultimately unable to authenticate your request using reasonably commercial efforts, then we may not be able to comply with it.

Only you may make a verifiable request related to your personal data. If you are making a request as the parent or legal guardian of a known child regarding the processing of that child’s personal data, we may ask you to submit reliable proof of your identity.

Response Time: Your Right to Appeal

We will make every effort to respond to your request within 45 days from when you contacted us. If you have a complex request, Applicable State Privacy Laws allow us up to 90 days to respond. We will contact you within 45 days from when you contacted us to inform you of the need for additional time and the reason for such extension. We may charge you a reasonable fee to cover administrative costs if your requests are manifestly unfounded, excessive, or repetitive.

If we decline to take action on a request that you have submitted, we will inform you of our reasons for doing so, and provide instructions for how to appeal the decision. You will have the right to appeal within a reasonable period of time after you have received our decision. Within 60 days (45 days for residents of Colorado) of our receipt of your appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If we deny your appeal, we will provide you with a method for contacting your state attorney general’s office to submit a complaint.

Changes to this Statement

Imaginarium will occasionally update this Privacy Policy. Imaginarium encourages you to periodically review this Privacy Policy to be informed of how Imaginarium is protecting your information.

Contact Information

Imaginarium welcomes your questions or comments regarding this Privacy Policy. Please contact us at:

187 Route 36 Suite 201, West Long Branch NJ 07740, United States
info@imaginariumandco.com