Purposes of Processing

We process personal information for the following purposes:

• Conducting Surveys
• Creating Customer Profiles
• Delivering Targeted Ads
• Fulfilling Customer Orders
• Operating our Website or Mobile Apps
• Organizing & Managing Data
• Processing Payments
• Providing Customer Support
• Sending Promotional Communications
• Tracking Purchases & Customer Data

How we disclose information

Information Disclosed for Business or Commercial Purposes in the Last 12 Months, and Categories of Parties Disclosed To

We may disclose the following personal information about you when you shop online or visit our website:

Personal Information Category	Categories of Service Providers	Categories of Third Parties
Personal Identifiers	Commerce Software Tools, Customer Support Tools, Governance, Risk & Compliance Software, Sales & Marketing Tools, and Shipping Services	Ad Networks, Data Analytics Providers, Data Brokers, Payment Processors, Sales & Marketing Tools, and Shipping Services
Online Identifiers	Commerce Software Tools, Customer Support Tools, Governance, Risk & Compliance Software, and Sales & Marketing Tools	Ad Networks, Data Analytics Providers, and Sales & Marketing Tools
Internet Activity	Commerce Software Tools, Customer Support Tools, and Sales & Marketing Tools	Ad Networks and Data Analytics Providers
Commercial and Financial Information	Commerce Software Tools	Ad Networks and Payment Processors

California Privacy Notice (CCPA)

This section provides additional information for California residents under the California Consumer Privacy Act (CCPA). The terms used in this section have the same meaning as in the CCPA. This section does not apply to information that is not considered "personal information," such as anonymous, deidentified, or aggregated information, nor does it apply to publicly available information as defined in the CCPA.

To the extent we process deidentified personal information, we will make no attempt to reidentify such data.

Collection and Disclosure of Personal Information

The personal information we collect is described above in Information we collect. The personal information we disclose for business or commercial purposes is described above in How we disclose information. The length of time for which we retain personal information is described above in How long we keep your data. Our purposes for processing data are described above in Purposes of processing.

Information “Sharing” and “Selling”

We “share” certain personal information with third party ad networks for purposes of behavioral advertising, including: Commercial and Financial Information, Internet Activity, Online Identifiers, and Personal Identifiers. This allows us to show you ads that are more relevant to you.

We "sell" personal data to third parties, as that term is defined in the CCPA.

We do not knowingly sell or share (for cross-context behavioral advertising) the personal information of consumers under 16 years of age.

CCPA Rights

Your CCPA rights are described below. Email us at hello@thinksmallish.com

Right to Know and Access

You have the right to request to know and access the following about the personal information we have collected about you in the past 12 months:

• the categories and specific pieces of personal information we have collected about you
• the categories of sources from which we collect personal information about you
• the business or commercial purposes for which we collect, sell, or share personal information
• the categories of third parties with whom we disclose the information
• the categories of personal information about you that we have sold, shared, or disclosed for a business purpose, and the categories of third parties to whom we have sold, shared, or disclosed that information for a business purpose

The information we would provide to you in response to a Request to Know Categories is contained in this Privacy Notice. To receive a copy of the specific personal information we have about you, submit a Request to Know or Access via the link above. If you make a Request to Know more than twice in a 12-month period, or we determine the request is manifestly unfounded or excessive, we may require you to pay a small fee for this service.

Right to Delete

You have the right to request that we delete any personal information about you that you have provided to us. Subject to certain limitations, we will delete from our records your requested personal information and direct our service providers to do the same.

Right to Non-Discrimination

If you exercise your CCPA consumer rights:

• We will not deny goods or services to you
• We will not charge you different prices or rates for goods or services, including through the use of discounts or other benefits or penalties
• We will not provide a different level or quality of goods or services to you
• We will not suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services
• We will not retaliate against you, as an employee, applicant for employment, or independent contractor

We may still offer you certain financial incentives permitted by the CCPA such as discounts, rewards, premium features, or loyalty accounts that can result in different prices, rates, or quality levels.

Right to Opt-Out

You have the right to opt-out of any selling and sharing of your personal information.

You can reach out to us to hello@thinksmallish.com.

Right to Correct

You have the right to correct inaccuracies in your personal data, taking into account the nature of the data and our purposes for processing it.

Request Verification

Before we can respond to a Request to Know or Request to Delete, we will need to verify that you are the consumer who is the subject of the CCPA request. Verification is important for preventing fraudulent requests and identity theft. Requests to Opt-Out do not require verification.

Typically, identity verification will require you to confirm certain information about yourself based on information we have already collected. For example, we will ask you to verify that you have access to the email address we have on file for you. If we cannot verify your identity based on our records, we cannot fulfill your CCPA request. If you submit a request not through our webform, we will ask you to provide the same information requested in the webform.

For a request that seeks specific personal information, we ask that you sign a declaration stating that you are the consumer whose personal information is the subject of the request, as required by the CCPA.

In some cases, we may have no reasonable method by which we can verify a consumer's identity. For example:

• If a consumer submits a request but we have not collected any personal information about that consumer, we cannot verify the request.
• If the only data we have collected about a consumer is gathered through website cookies (i.e. the consumer visited our website but had no other interaction with us), we are unable to reasonably associate a requester with any data collected; therefore, we cannot verify the request.

Authorized Agent

A California resident's authorized agent may submit a rights request under the CCPA by emailing us at hello@thinksmallish.com. Requests submitted by an authorized agent will still require verification of the consumer who is the subject of the request in accordance with the process described above. We will also ask for proof that the consumer who is the subject of the request authorized an agent to submit a privacy request on their behalf by either verifying their own identity with us directly or directly confirming with us that they provided the authorized agent permission to submit the request. An authorized agent that has power of attorney pursuant to California Probate Code section 4121 to 4130 may also submit proof of statutory power of attorney, which does not require separate consumer verification.

If you have trouble accessing this notice, please contact us at hello@thinksmallish.com

Contact Us

If you have any privacy-related questions or have trouble accessing this notice, please email hello@thinksmallish.com

Virginia Privacy Notice (VCDPA)

This section provides additional information for Virginia residents under the Virginia Consumer Data Protection Act (VCDPA). The terms used in this section have the same meaning as in the VCDPA. This section does not apply to information that is not considered "personal data," such as deidentified or publicly available information as defined in the VCDPA.

Collection and Disclosure of Personal Information

The personal data we collect is described above in Information we collect. The personal data we disclose to third parties and the categories of third parties to whom we disclose personal data is described above in How we disclose information. The length of time for which we retain personal information is described above in How long we keep your data. Our purposes for processing data are described above in Purposes of processing.

Data “Selling” and Targeted Advertising

We process personal data for purposes of targeted advertising (as defined in the VCDPA), including online identifiers and internet activity. This allows us to show you ads that are more relevant to you.

To opt out please contact us at hello@thinksmallish.com

We do not receive monetary consideration in exchange for your data and therefore do not "sell" your data as defined in VCDPA.

Profiling

The VCDPA gives consumers the right to opt out of automated profiling that produces legal or similarly significant effects, such as approval for a loan, employment, or insurance.

We do not profile consumers in furtherance of decisions that produce legal or similarly significant effects.

VCDPA Rights

Your VCDPA rights are described below. To make a privacy request email us at hello@thinksmallish.com

Right to Access

You have the right to confirm whether we are processing personal data about you and to access such data. Where processing is carried out by automated means, you have a right to receive a copy of your personal data in a portable and readily usable format that allows you to transmit your data to another controller.

If you make an Access Request more than twice in a 12-month period, or we determine the request is manifestly unfounded or excessive, we may require you to pay a small fee for this service.

Right to Delete

You have the right to request that we delete any personal data provided by or obtained about you. Subject to certain limitations, we will permanently delete any such personal data from our records and direct our processors to do the same.

Right to Non-Discrimination

If you exercise your VCDPA consumer rights:

• We will not deny goods or services to you
• We will not charge you different prices or rates for goods or services
• We will not provide a different level or quality of goods or services to you

However, we may offer a different price, rate, level, quality, or selection of products or services if your personal data is required in order to provide those products or services and you have exercised your right to opt out, or the offer is related to a voluntary loyalty or rewards program.

Right to Opt-Out

Sale of Personal Data:
We do not sell your personal data, as defined by the VCDPA.

Targeted Advertising:
To opt out email us at hello@thinksmallish.com

Profiling:
We do not profile consumers in furtherance of decisions that produce legal or similarly significant effects.

Right to Correct

You have the right to correct inaccuracies in your personal data, taking into account the nature of the data and our purposes for processing it.

Authenticating Your Request

Once we receive your request, we will verify the information you provided by matching the information that we have collected. If we cannot authenticate your request, we may ask for additional information from you. If you are unable to provide additional information, or we are unable to authenticate the request using commercially reasonable efforts, we may deny your request.

Right to Appeal

If we decline to take action in response to any of your privacy requests, you have the right to appeal that decision within a reasonable amount of time, but no later than 90 days from the date of our decision. To submit a request for appeal email us at hello@thinksmallish.com

Colorado Privacy Notice (CPA)

This section provides additional information for Colorado residents under the Colorado Privacy Act (CPA). The terms used in this section have the same meaning as in the CPA. This section does not apply to information that is not considered "personal data," such as deidentified or publicly available information as defined in the CPA.

Collection and Disclosure of Personal Information

The personal data we collect is described above in Information we collect. The personal data we disclose to third parties and the categories of third parties to whom we disclose personal data is described above in How we disclose information. The length of time for which we retain personal information is described above in How long we keep your data. Our purposes for processing data are described above in Purposes of processing.

Data “Selling” and Targeted Advertising

We "sell" personal data to third parties, as that term is defined in the CPA.

We process personal data for purposes of targeted advertising (as defined in the CPA), including online identifiers and internet activity. This allows us to show you ads that are more relevant to you.

To opt out please send us an email at hello@thinksmallish.com

Profiling

The CPA gives consumers the right to opt out of automated profiling that produces legal or similarly significant effects, such as approval for a loan, employment, or insurance.

We do not profile consumers in furtherance of decisions that produce legal or similarly significant effects.

CPA Rights

Your CPA rights are described below. To make a privacy request please send us an email at hello@thinksmallish.com

Right to Access

You have the right to confirm whether we are processing personal data about you and to access such data. You have a right to receive a copy of your personal data in a portable and readily usable format that allows you to transmit your data to another controller.

If you make a Request to Know more than twice in a 12-month period, or we determine the request is manifestly unfounded or excessive, we may require you to pay a small fee for this service.

Right to Delete

You have the right to request that we delete any personal data we have obtained about you. We will permanently delete any such personal data from our records and direct our processors to do the same. However, we may retain your personal data if it is necessary for certain purposes, including the following:

• To comply with legal obligations
• To comply with an official investigation or cooperate with law-enforcement agencies
• To establish or defend legal claims
• To complete an obligation to you that you have requested
• To respond to security incidents, fraud, harassment, and other similar activity
• To identify and repair technical errors
• To conduct internal research to develop, improve, and repair our products and services
• For internal operations that are reasonably aligned with your expectations

Any personal data retained for these purposes will not be processed for other purposes.

Right to Non-Discrimination

If you exercise your CPA consumer rights:

• We will not deny goods or services to you
• We will not charge you different prices or rates for goods or services
• We will not provide a different level or quality of goods or services to you

However, we may offer a different price, rate, level, quality, or selection of products or services if the exercise of your CPA rights affects the feasibility or the value of those products or services, or the offer is related to a voluntary loyalty or rewards program.

Right to Opt-Out

You have the right to opt-out of any selling of your personal data, processing of your personal data for purposes of targeted advertising, or profiling in furtherance of decisions that produce legal or similarly significant effects for you.

To opt out please send us an email at hello@thinksmallish.com

Authorized Agents. You may authorize an agent to submit a Request to Opt-Out on your behalf, including through a technology such as a web link, browser setting, or global device setting. We will comply with such requests if we are able to authenticate your identity and the agent’s authority to act on your behalf.

Right to Correct

You have the right to correct inaccuracies in your personal data, taking into account the nature of the data and our purposes for processing it.

Authenticating Your Request

Once we receive your request, we will verify the information you provided by matching the information that we have collected. If we cannot authenticate your request, we may ask for additional information from you. If you are unable to provide additional information, or we are unable to authenticate the request using commercially reasonable efforts, we may deny your request.

Right to Appeal

If we decline to take action in response to any of your privacy requests, you have the right to appeal that decision within a reasonable amount of time, but no later than 90 days from the date of our decision. To appeal please send us an email at hello@thinksmallish.com

Connecticut Privacy Notice (CTDPA)

This section provides additional information for Connecticut residents under the Connecticut Data Privacy Act (CTDPA). The terms used in this section have the same meaning as in the CTDPA. This section does not apply to information that is not considered "personal data," such as deidentified or publicly available information as defined in the CTDPA.

If you have any questions or wish to contact us regarding this privacy notice, please send an email to hello@thinksmallish.com

Collection and Disclosure of Personal Information

The personal data we collect is described above in Information we collect. The personal data we disclose to third parties and the categories of third parties to whom we disclose personal data is described above in How we disclose information. The length of time for which we retain personal information is described above in How long we keep your data..

Data “Selling” and Targeted Advertising

We "sell" personal data to third parties, as that term is defined in the CTDPA.

We process personal data for purposes of targeted advertising (as defined in the CTDPA), including online identifiers and internet activity. This allows us to show you ads that are more relevant to you.

To opt out please send us an email at hello@thinksmallish.com

Profiling

The CTDPA gives consumers the right to opt out of automated profiling that produces legal or similarly significant effects, such as approval for a loan, employment, or insurance.

We do not profile consumers in furtherance of decisions that produce legal or similarly significant effects.

CTDPA Rights

Your CTDPA rights are described below. To make a privacy request please send us an email at hello@thinksmallish.com

Right to Access

You have the right to confirm whether we are processing personal data about you and to access such data. Where processing is carried out by automated means, you have a right to receive a copy of your personal data in a portable and readily usable format that allows you to transmit your data to another controller.

If you make a Request to Know more than twice in a 12-month period, we may require you to pay a small fee for this service.

Right to Delete

You have the right to request that we delete any personal data provided by or obtained about you. We will permanently delete any such personal data from our records and direct our processors to do the same. However, we may retain your personal data if it is necessary for certain purposes, including the following:

• To comply with legal obligations
• To comply with an official investigation or cooperate with law-enforcement agencies
• To establish or defend legal claims
• To complete an obligation to you that you have requested
• To respond to security incidents, fraud, harassment, and other similar activity
• To identify and repair technical errors
• To conduct internal research to develop, improve, and repair our products and services
• For internal operations that are reasonably aligned with your expectations

Any personal data retained for these purposes will not be processed for other purposes.

Right to Non-Discrimination

If you exercise your CTDPA consumer rights:

• We will not deny goods or services to you
• We will not charge you different prices or rates for goods or services
• We will not provide a different level or quality of goods or services to you

However, we may offer a different price, rate, level, quality, or selection of products or services if your personal data is required in order to provide those products or services and you have exercised your right to opt out, or the offer is related to a voluntary loyalty or rewards program.

Right to Opt-Out

You have the right to opt-out of any selling of your personal data, processing of your personal data for purposes of targeted advertising, or profiling in furtherance of decisions that produce legal or similarly significant effects for you.

To opt out please send us an email at hello@thinksmallish.com

Authorized Agents. You may authorize an agent to submit a Request to Opt-Out on your behalf, including through a technology such as a web link, browser setting, or global device setting. We will comply with such requests if we are able to authenticate your identity and the agent’s authority to act on your behalf.

Right to Correct

You have the right to correct inaccuracies in your personal data, taking into account the nature of the data and our purposes for processing it.

Authenticating Your Request

Once we receive your request, we will verify the information you provided by matching the information that we have collected. If we cannot authenticate your request, we may ask for additional information from you. If you are unable to provide additional information, or we are unable to authenticate the request using commercially reasonable efforts, we may deny your request. Authentication is not required for a Request to Opt-Out, but we may deny the request if we have a good faith, reasonable, and documented belief that the request is fraudulent.

Right to Appeal

If we decline to take action in response to any of your privacy requests, you have the right to appeal that decision within a reasonable amount of time, but no later than 90 days from the date of our decision. To submit an appeal please send us an email at hello@thinksmallish.com

Notice of Financial Incentive

 

Consumers who sign up for our marketing emails receive a 25% discount on their first purchase. A consumer provides their email address or phone number and consents to receive emails or SMS in exchange for a discount provided via coupon code. To opt in, a consumer must enter their email address into the form and submit it. The consumer must reply "Y" via SMS to opt-in for text marketing. A consumer may unsubscribe from our marketing emails by using the unsubscribe link in the email footer at any time. A consumer may unsubscribe from our marketing texts by replying "STOP" at anytime. We calculate the value of the offer and financial incentive by using the expense related to the offer.

 

SMS Marketing

In addition, you agree to our Messaging Terms:

BedShelfie Messaging Terms & Conditions

BedShelfie (hereinafter, "BedShelfie," "We," "Us," "Our") is offering a mobile messaging program (the "Program"), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Messaging Privacy Policy further down. By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the "Dispute Resolution" section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts (including those in the "Other Terms and Policies" section below). Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program.

1. User Opt In. You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from BedShelfie, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. By providing your phone number, you represent and warrant that you are providing your own phone number, and not someone else’s, and that you are a legally-authorized user of this phone number. Consent to receive automated marketing text messages is not a condition of any purchase. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply. Message frequency varies.

2. User Opt Out. If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that BedShelfie and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

3. Other Terms and Policies. You also agree to our Messaging Privacy Policy, BedShelfie Terms of Service and BedShelfie Privacy Policy.

4. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, customer support, delivery (including order confirmations, tracking information, and shipping updated via email), other transactional-related messages and sale of our products. Messages may include checkout reminders.

5. Message Frequency, Cost and Changes. Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which Our messages are sent.

6. Support Instructions. For support regarding the Program, text "HELP" to the number you received messages from or email us at hello@thinksmallish.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

7. MMS Disclosure. The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

8. Our Disclaimer of Warranty. The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

9. Supported Devices. The Program is offered on an "as-is" basis. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. BedShelfie its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

10. Contact. This Program is a service of BedShelfie, located at 30 North Gould Street, Sheridan, Wyoming, 82808 United States.

11. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

12. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

• - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
• - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
• - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
• - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
• - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act ("HIPAA") or the Health Information Technology for Economic and Clinical Health Act ("HITEC" Act); and
• - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

13. Dispute Resolution. In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Wyoming  , OR before one arbitrator. No class actions. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THIS AGREEMENT, YOU AND BedShelfie ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT (the "FAA"). The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which BedShelfie Company’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the FAA. The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. Notwithstanding anything to the contrary in this Agreement, if BedShelfie makes any future change to this arbitration provision, you may reject the change by sending Us written notice within 30 days of the change to 30 North Gould Street, Sheridan, Wyoming, 82808 United States., in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and BedShelfie.

If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

14. State Law:

• Florida: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
• Washington: To the extent the law is relevant and applicable to the Program, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including but not limited to sections 80.36.390, 19.158.040, 19.158.110 and 19.158) as applicable to Washington residents. For purposes of compliance, you agree that we may assume that you are a Washington resident if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is a Washington area code.
• Oklahoma: We endeavor to comply with the Oklahoma Telephone Solicitation Act of 2022 as applicable to Oklahoma residents.  For purposes of compliance, you agree that we may assume that you are an Oklahoma resident if, at the time of opt-in to Program, the area code for the phone number used to opt-into the Program is an Oklahoma area code.  You agree that the requirements of the Oklahoma Telephone Solicitation Act do not apply to you, and you shall not assert that you are an Oklahoma resident, if you do not meet the criteria or, in the alternative, do not affirmatively advise us in writing that you are an Oklahoma resident by sending written notice to Us.  Insofar as you are an Oklahoma resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Oklahoma Statutes Title 15 (including but not limited to sections 775C.1, 775C.2, 775C.3, 775C.4 and 775C.5), to the extent the law is otherwise relevant and applicable.

 

16. Miscellaneous. You warrant and represent to Us that you have all necessary rights, power, and authority to agree to the terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the terms of this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these terms unless explicitly stated otherwise in writing. We reserve the right to change these terms from time to time. Any updates to this Agreement shall be communicated to you. Prior to such communication, the terms of this Agreement in effect as last made available to you immediately prior to your receipt of the notice will continue to govern our relationship. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

 and Messaging Privacy Policy:

BedShelfie Messaging Service Privacy Policy

This Messaging Service Privacy Policy explains how BedShelfie (hereinafter, "BedShelfie," "We," "Us," "Our") collects, uses, and shares personal information about you in relation to Our text message marketing program (the "Messaging Service"). This Messaging Service Privacy Policy supplements Our Primary Privacy Policy. For more details, see the section titled "Primary Privacy Policy" below.

Changes to the Messaging Service Privacy Policy
We may revise this Messaging Service Privacy Policy from time to time in our sole discretion. If there are any material changes to this Messaging Service Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Messaging Service Privacy Policy if you continue to use the Messaging Service after the new Messaging Service Privacy Policy takes effect.

Personal Information We Collect
When you sign up for the Messaging Service, We collect personal information such as your name, phone number, and email address. When you use the Messaging Service to send or receive messages, We collect communications metadata (e.g., the time/date a message was sent or received) and the contents of any communications you send or receive via the Messaging Service.

We may also collect information about you using cookies or similar technologies on Our website or other digital properties. Cookies are small text files placed on device browsers that store preferences and facilitate and enhance your experience. Cookies enable personalization of your experience via the Messaging Service (e.g., sending you personalized text messages such as shopping cart reminders).

If you participate in a contest, sweepstakes, research study, or email survey associated with the Messaging Service, We will collect basic contact information and any other information you choose to provide in connection with these activities. We will also collect your personal information if you contact Us with questions about the Messaging Service or for customer service.

Use of Personal Information
We use your information to deliver, analyze, maintain and support the Messaging Service. We may also use your information to enhance the Messaging Service features and customize and personalize your experiences on the Messaging Service.

We may use your personal information to generate aggregated and/or de-identified information. Aggregated and/or de-identified information is not personal information and may be shared with any third party, including advertisers, promotional partners, and sponsors.

Sharing of Personal Information
We may share your personal information as contemplated in Our primary privacy policy, if you consent to Us doing so, as well as in the following circumstances:

• Third Parties that Help Provide the Messaging Service. We may share your personal information with third parties that help Us provide the Messaging Service (including, but not limited to, platform providers, phone companies, and other vendors who assist us in the delivery of text messages).
• Legal Requirements, Disclosures to Protect Us or Others. We may disclose any information We store associated with you to external parties if We, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, Our, or others' rights, property, or safety; enforce Our policies or contracts; collect amounts owed to Us; or assist with an investigation or prosecution of suspected or actual illegal activity.

 

Accurate Information
When you complete forms online or otherwise provide Us information in connection with the Messaging Service, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Messaging Service for an ulterior purpose, We may refuse you access to the Messaging Service and pursue any appropriate legal remedies.

Choices and Controls
Text messages may be sent via an automatic telephone dialing system. Consent to receive automated marketing text messages is not a condition of any purchase. You can opt-out of receiving further commercial text messages via the Messaging Service by responding to any of Our text messages with any of the following replies: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. For additional opt-out information, please review Our Terms of Service.

Customer Care
If you are experiencing any problems with the Messaging Service, please visit https://bedshelfie.com/ and submit the form with details about your problem or your request for support, or email hello@thinksmallish.com

Supplemental California Privacy Notice
This Supplemental California Privacy Notice only applies to Our processing of personal information via the Messaging Service that is subject to the California Consumer Privacy Act of 2018 ("CCPA"). The CCPA provides California residents with the right to know what categories of personal information We have collected about them and whether We have disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding twelve months. California residents can find this information below:

 

Category of Personal Information Collected by Us	Categories of Third Parties Personal Information is Disclosed to for a Business Purpose
Identifiers	• Service providers
Personal information categories listed in Cal. Civ. Code § 1798.80(e)	• Service providers
Commercial information	• Service providers
Internet or other electronic network activity	• Service providers
Inferences drawn from other personal information to create a profile about a consumer	• Service providers

The categories of sources from which We collect personal information and Our business and commercial purposes for using personal information are set forth above and in Our primary privacy policy.

Additional Privacy Rights for California Residents

Individual Rights under the CCPA.
The CCPA provides California residents with the right to request:

• Access to Personal Information, including obtaining access to or a copy of your personal information.
• Deletion of Personal Information

If you are a California resident and would like to exercise any of your rights under the CCPA, please contact Us at hello@thinksmallish.com. We will process such requests in accordance with applicable laws.

"Sales" of Personal Information under the CCPA. For purposes of the CCPA, unless otherwise stated in Our primary privacy policy, We do not "sell" personal information, nor do we have actual knowledge of any "sale" of personal information of minors under 16 years of age.

Non-Discrimination. California residents have the right not to receive discriminatory treatment by Us for the exercise of their rights conferred by the CCPA.

Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. To designate an authorized agent, please contact Us at hello@thinksmallish.com.

Verification. When you make a request, We will ask you to provide sufficient information that allows Us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include confirming the email address or phone number associated with any personal information We have about you.

Primary Privacy Policy
By signing up to receive text messages from us, you also agree to Our Primary Privacy Policy. This Messaging Service Privacy Policy is strictly limited to the Messaging Service and does not limit or restrict any other privacy policy(ies) that may govern the relationship between you and Us in other contexts.