Terms of Use & Privacy Policy

Effective May 1, 2018

Please read these terms and conditions (“Terms of Use”) carefully because they set forth the important terms you will need to know about this Website. In these Terms of Use, the terms “you” and “yours” refer to theperson using this Website. The terms “we,” “our,” “us” and “Circadiance” collectively refer to Circadiance LLC.

Use of this Website is governed by the Terms of Use. By using this Website, you agree to abide by these Terms of Use. If you do not agree with any of these Terms of Use, do not use this Website.

The servers that host this Website are located in the United States, and any personal details you provide us will be processed by Circadiance in the United States. For information about the way in which we use, process and share personal information that we may obtain about you, please refer to our Privacy Policy listed below. Circadiance makes no representation about any third-party websites that may be accessed via links from this Website.

Ownership

All content, text, images, data, information and other material displayed, available or present on this Website, including any intellectual property rights in such content including without limitation trademarks and copyrights, are the property of Circadiance, its affiliates, its licensors or the designated owners, and are protected by applicable intellectual property laws. You should assume that everything you see or read on this website is copyrighted unless otherwise noted and may not be used without our written permission, except as otherwise provided in these Terms of Use.

Authorized and Prohibited Uses

You may download and print copies of the content only for non-commercial, informational, personal use, without modification or alteration in any way, and just so long as you comply with these Terms of Use. Except as may otherwise be expressly authorized by these Terms of Use, you may not otherwise reproduce, sell, publish, distribute, modify, display, or use any of this Website or the Content without our prior written permission. If this Website permits the emailing of certain Content or a link through the use of an “email to a friend,” “share on Facebook,” (or similar) icon, you may send that particular Content or link to others by email, as indicated. You agree not to infringe upon any Intellectual Property Rights or remove or modify related proprietary notices contained in this Website or the Content.

Access to Website

The objective of Circadiance is to make the Website accessible 24 hours per day, seven days per week. The Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Circadiance, access to the Website may be interrupted, suspended or terminated from time to time. Circadiance shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, Content, hours of availability and equipment needed for access or use.

Compliance

You agree to comply with all applicable laws in connection with your use of this Website.

Unsuitable Content and Conduct

User shall not engage in, conduct or submit to this Website any User Content or other material that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive or otherwise objectionable. User shall not cause damage, embarrassment or create adverse publicity to Circadiance.

Privacy Policy

Circadiance is concerned about privacy and has developed this policy to address privacy concerns. The Privacy Policy is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use.

How We Use Information We Collect

  1. Changes to this Privacy Policy: We may update this Privacy Policy from time to time by posting a new version online. You should check this page occasionally to review any changes. If we make any material changes, we will notify you by posting the revised Privacy Policy on our Website.
  2. Contact Us: If you have any questions about this Privacy Policy or our treatment of the information you provide us, please write to us by email at [email protected] or by mail to Circadiance, LLC., 1300 Rodi Road, Turtle Creek, PA 15145 USA, Attn: Privacy.
  3. When You Visit our Website: You are free to explore the Website without providing any Personal Information about yourself. When you visit the Website and request additional information and/or register your SleepWeaver product, we request that you provide Personal Information about yourself, and we collect Navigational Information.
  4. We Never Sell Personal Information to any Third Party.
  5. Use of Personal Information: In addition to the uses identified elsewhere in this Privacy Policy, we may use your Personal Information to (a) improve your browsing experience by personalizing the Websites; (b) send information to you which we think may be of interest to you by post, email, or other means; (c) send you marketing communications relating to our business or the businesses of carefully selected third parties which we think may be of interest to you, and (d) provide other companies with statistical information about our users — but this information will not be used to identify any individual user. We may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, we do not transfer your unique Personal Information to the third party. In addition, we may share data with trusted partners to contact you based on your request to receive such communications, help us perform statistical analysis, or provide customer support. Such third parties are prohibited from using your Personal Information except for these purposes, and they are required to maintain the confidentiality of your information. At this point, Circadiance currently uses the following third-party programs: HubSpot, NetSuite, and LyntonWeb. If you do not want us to share your personal information with these companies, contact us at [email protected].
  6. What is Personal Information: This refers to any information that you voluntarily submit to us and that identifies you personally, including contact information, such as your name, e-mail address, company name, address, phone number, and other information about yourself or your business. Personal Information can also include information about any transactions, both free and paid, that you enter into on the Websites, and information about you that is available on the internet, such as from Facebook, LinkedIn, Twitter and Google, or publicly available information that we acquire from service providers.
  7. Customer Testimonials and Comments: We post customer testimonials and comments on our Websites, which may contain Personal Information. We obtain each customer’s consent before posting the customer’s name and testimonial.
  8. What is Navigational Information: This refers to information about your computer and your visits to this website such as your IP address, geographical location, browser type, referral source, length of visit and pages viewed.
  9. Service Providers: We employ other companies to provide services to visitors to our website, our customers, and users. We may need to share your information with them to provide information, products or services to you. Examples may include removing repetitive information from prospect lists, analyzing data, providing marketing assistance, processing credit card payments, supplementing the information you provide us in order to provide you with better service, and providing customer service. In all cases where we share your information with such agents, we explicitly require the agent to
    acknowledge and adhere to our privacy and customer data handling policies.
  10. Security of your Personal Information: We use a variety of security technologies and procedures to help protect your Personal Information from unauthorized access, use or disclosure. We secure the Personal Information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When sensitive Personal Information (such as a credit card number and/or geo-location data) is collected on our Websites and/or transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol. If you have any questions about the security of your Personal Information, you can contact us at [email protected].
  11. Social Media Features: Our Website includes Social Media Features, such as the Facebook Like button and Widgets, such as the Share This button or interactive mini-programs that run on our sites. These features may collect your IP address, which page you are visiting on our sites, and may set a cookie to enable the feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Website. This Privacy Policy does not apply to these features. Your interactions with these features are governed by the privacy policy and other policies of the companies providing them.
  12. External Websites: Our Website provides links to other websites. We do not control and are not responsible for, the content or practices of these other websites. Our provision of such links does not constitute our endorsement of these other websites, their content, their owners, or their practices. This Privacy Policy does not apply to these other websites, which are subject to any privacy and other policies they may have.
  13. Retention of Personal Information: We retain Personal Information that you provide us as long as we consider it potentially useful in contacting you about our Services or our other products, or as needed to comply with our legal obligations, resolve disputes and enforce our agreements, and then we securely delete the information. We will delete this information from the servers at an earlier date if you so request, as described in “Opting Out and Unsubscribing” below.
  14. International Transfer of Information: To facilitate our global operations, we may transfer and access Personal Information from around the world, including the United States. This Privacy Policy shall apply even if we transfer Personal Information to other countries.
  15. Compelled Disclosure: We reserve the right to use or disclose your Personal Information if required by law or if we reasonably believe that use or disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or comply with a law, court order, or legal process.
  16. Cookies: We use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web server. Cookies are not used to run programs or deliver viruses to your computer. 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. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize pages on our Websites, a cookie helps us to
    recall your specific information on subsequent visits. When you return to the same Website, the information you previously provided can be retrieved so you can easily use the customized features. 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 our Website you visit.
  17. Log Files: We may collect demographic information, such as your ZIP code, age, gender, preferences, interests, and favorites using log files that are not associated with your name or other personal information. There is also information about your computer hardware and software that is automatically collected by us. This information can include your IP address, browser type, domain names, internet service provider (ISP), the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, clickstream data, access times and referring website addresses. For these purposes, we do link this automatically-collected data to Personal Information such as name, email address, address, and phone
    number.
  18. Clear GIFS (Web Beacons/Web Bugs): We employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage the Website and by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages or in emails and are about the size of the period at the end of this sentence. We use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. We tie the information gathered by clear gifs in emails to our customers’ Personal Information. If you would like to opt-out of these emails, please see “Opting Out and Unsubscribing.”
  19. Third Party Tracking Technologies: The use of cookies and web beacons by any tracking utility company is not covered by our Privacy Policy.
  20. Opting Out and Unsubscribing: Upon request, Circadiance will provide you with information about whether we hold any of your Personal Information. If you provide us with your Personal Information, you have the following rights concerning that information:
    • To review the user information that you have supplied to us
    • To request that we correct any errors, outdated information, or omissions in user information that
      you have supplied to us
    • To request that your user information not be used to contact you
    • To request that your user information be removed from any solicitation list that we use
    • To request that your user information be deleted from our records
    • To exercise any of these rights, please contact us at [email protected] or by mail to Circadiance, LLC., 1300 Rodi Road, Turtle Creek, PA 15145 USA, Attention: Privacy. We will respond to your request to change, correct, or delete your information within a reasonable timeframe and notify you of the action we have taken.
  21. To Unsubscribe From Our Communications: You may unsubscribe from our marketing communications by clicking on the “unsubscribe” link located on the bottom of our e-mails, or by sending an email to [email protected], or by sending us postal mail to Circadiance, LLC., 1300 Rodi Road, Turtle Creek, PA 15145 USA, Attention: Unsubscribe.

 

Disclaimer on Emergency Medical Conditions

DO NOT USE THIS WEBSITE FOR MEDICAL EMERGENCY SERVICES. IN AN EMERGENCY, CALL
911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.

Medical Disclaimers

THE CONTENT (AS DEFINED BELOW) AVAILABLE THROUGH THIS WEBSITE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF A HEALTH CARE PROFESSIONAL IN DIAGNOSING AND TREATING PATIENTS. CIRCADIANCE DOES NOT GIVE MEDICAL ADVICE, NOR DOES IT PROVIDE MEDICAL OR DIAGNOSTIC SERVICES. ADDITIONALLY, THE USE OF THE CONTENT OBTAINED THROUGH THIS WEBSITE DOES NOT ESTABLISH A PHYSICIAN-PATIENT RELATIONSHIP.

Your reliance upon information and Content obtained by you at or through this Website is solely at your own risk. Neither we nor providers of content to us assume any liability or responsibility for damage or injury (including death) to you, other persons or property arising from any use of any product, information, idea or instruction contained in the Content.

We do not provide advice to you on any issues relating to medical treatment, and the content is intended solely as a resource and informational tool. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have seen or read on this Website. We are not medical professionals and will not discuss or advise you on any issues relating to medical treatment.

Contact Information

If you have any questions regarding these Terms of Use, Privacy Policy or this Website, please contact us by
email at marketing[email protected].