Effective Date: 07/12/2022
This Privacy Notice (this “Notice”) describes the types of information that Slumberkins Inc. (“Slumberkins,” “we,” “us,” or “our”) collects through your use of Slumberkins’ website (and the service(s) provided through our website), https://slumberkins.com/, Slumberkins’ mobile application(s), and all other downloadable software, tablet applications, web applications, and other online and offline services provided by Slumberkins (collectively, the “Services”). This Notice does not apply to information collected about you through any other means.
This Notice covers:
By accessing or using the Services, you consent to our use of your Personal Information as described in this Notice. “Personal Information” for purposes of this Notice is the information that identifies you as an individual or relates to you as an identifiable person.
We collect information from adults over the age of 18 in two ways. First, you may provide us with certain information when you submit forms, request information, register as a user, upload information or content, or otherwise contact us through the Services. Second, we collect certain information as you use the Services.
We may collect Personal Information from you when you submit forms, register as a user, upload information or content, or request information through the Services. If you do not want us to collect this information, please do not provide it. We directly collect the following types of information that you provide to us:
2. Information We Collect from You When You Use the Services
When you use the Services, we collect information about the particular ways in which you use the Services. The following is a summary of the types of information we collect when you use the Services:
Usage Information; Use of Cookies and Other Technologies
We collect information about your activity through the Services. For example, we may collect information about:
We (or service providers on our behalf) may collect the above information through the use of technologies, including “cookies” and “web beacons,” which automatically collect information from you when you use the Services.
Cookies are small amounts of data that are stored within your Internet browser, which save and recognize your browsing habits. We use both session cookies (which track a user’s progression during one site visit) and persistent cookies (which track a user over time). Web beacons are web page elements that can recognize certain types of information on your computer or mobile device, such as the time and date you viewed a page, which emails are opened, which links are clicked, and similar information.
We use cookies and similar technologies to help us provide you with a more personalized experience and to improve the Services and/or our products or services.
The following is a list of cookies that we currently use:
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc.).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
Most Internet browsers allow you to block or delete cookies and other similar technologies from your browser. If you do not agree to the use of cookies or similar technologies, please disable or delete them by following the instructions for your browser set out here: http://www.allaboutcookies.org/, or use automated disabling tools where available. However, if you reject or disable cookies, you may still use the Services, but your ability to use some features of the Services may be limited.
The above excludes text messaging oriinator opt-in data and consent; this information will not be shared with any third parties.
Slumberkins uses cookies and similar technologies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send shopping cart reminder messages via SMS if you have opted into our SMS Service.
Location Information
When you use the Services we may collect information about your location. With your permission, we may also collect information about your precise location using methods that include GPS, wireless networks, cell towers, Wi-Fi access points, and other sensors.
Your Internet browser and mobile device may allow you to adjust your browser settings so that “do not track” requests are sent to the websites you visit. IF YOU DO NOT WANT US TO AUTOMATICALLY COLLECT INFORMATION FROM YOU WHEN YOU USE THE SERVICES, EITHER NOW OR FOR FUTURE BROWSING SESSIONS, REFRAIN FROM USING THE SERVICES. WE DO NOT CURRENTLY RESPOND TO DO NOT TRACK (“DNT”) SIGNALS.
We may use information collected from or about you for any of the following purposes:
We may share the Personal Information we collect in connection with the Services with third parties, as described below:
1. Third Parties Who Provide Services or Information Through the Services
We may share your Personal Information with third parties who provide third party products or services or information through the Services. Such third parties may use the information to fulfill product or service orders, develop and improve their products or services, and contact you about product or service orders, future products or services, or their company in general.
2. Service Providers
We may share your Personal Information with our third party vendors, suppliers and other service providers who provide services to us or on our behalf, such as operating and supporting the Services, performing marketing or consulting services, assisting us with the preparation and mailing of our business and marketing communications, and with processing and fulfillment functions. Examples of such third parties include website developers, hosting service providers, and auditors. These third party service providers may use your Personal Information for their own marketing purposes.
We use a third party payment processor, Shopify, to handle payment transactions. You can read about Shopify’s privacy practices in the Shopify privacy notice accessible at the following link: __________________________.
3. Third-Party Analytics Providers
We may share Personal Information with our advertising and analytics partners, such as Google Analytics. The privacy policies of these third party companies apply to their collection, use and disclosure of your information. These third parties may combine your information with the information of other consumers for purposes of conducting studies and/or analytics. For more information about Google Analytics, including how to opt out, please go to: https://tools.google.com/dlpage/gaoptout.
4. Our Affiliates
We may share some or all of your information with our subsidiaries and corporate affiliates, joint venturers, or other companies that are or may become under common control with us. We will require these entities to comply with the terms of this Notice with regard to their use of your Personal Information.
5. Transfer or Assignment in Connection with Business Transfers or Bankruptcy
In the event of a merger, acquisition, reorganization, bankruptcy or other sale of all or a portion of our assets, any user information owned or controlled by us may be one of the assets transferred to third parties. We reserve the right, as part of this type of transaction, to transfer or assign your Personal Information and other information we have collected from users of the Services to third parties. Other than to the extent ordered by a bankruptcy or other court, or as otherwise agreed to by you, the use and disclosure of all transferred user information will be subject to this Notice. However, any information you submit or that is collected after this type of transfer may be subject to a new privacy policy adopted by the successor entity.
6. Response to Subpoenas or Court Orders, or Protection of Our Rights
We may disclose your information to government authorities or third parties if:
7. Aggregate Information
We may share aggregated or de-identified information without restriction.
We retain Personal Information for a reasonable time period to provide the Services. Personal Information is then archived for time periods required or necessitated by law or legal considerations. When archival use is no longer required, Personal Information is deleted from our records.
We retain your account information, including Personal Information in your account, while your account is active. If you delete your account, your account information will be deleted. We may also choose to delete your account if it has remained inactive for an extended time period. Please note we may retain your information, including Personal Information, within our internal systems for backup, audit, or other purposes.
We provide the opportunity to opt out of receiving communications from us and our partners at the point where we request information about you. In addition, you may unsubscribe or opt out of receiving communications from us by clicking the unsubscribe link on any email marketing communication you receive.
You may also opt-out of our automatically collecting information from you, as described above.
Note that even if you opt out from receiving communications from us, we reserve the right to send further communications to you for the sole purpose of processing or fulfilling any orders or support requests you made to us prior to opting out.
We have implemented commercially reasonable measures designed to secure your Personal Information from unauthorized access, use, alteration and disclosure. However, the transmission of information via the Internet is not completely secure. You acknowledge that: (a) the limitations of the Internet are beyond our control; (b) the security, integrity and privacy of information and data exchanged between you and us cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party. Slumberkins has no responsibility or liability for the security of information transmitted via the Internet.
California Civil Code Section 1798.83, known as the “Shine The Light” law, permits any users who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge.
You may have the right to access the Personal Information we collect about you. You may also have the right to correct any errors contained in that information. For details, please email us at privacy@slumberkins.com.
If you have registered for an account, you may also access, change or delete information that Slumberkins has collected in connection with the account by logging into the account using your username and password.
Generally
Slumberkins appreciates that further privacy protections may be required with respect to Personal Information Slumberkins’ collects from children using the Services. Some features of the Services are age-gated so that they are not available for use by children. For those features, Slumberkins does not knowingly collect personal information from children under the age of 13.
In any instance where Personal Information is knowingly collected from a child under the age of 13, we will retain that information only so for so long as is reasonably necessary to fulfill the activity or task for which the information was collected, for our internal security purposes and the security of our users, or as required by law. If at any time we discover that we have collected information from a child in a manner that is inconsistent with the U.S. Children’s Online Privacy Protection Act (“COPPA”), we will either delete the information or immediately seek parent or guardian consent.
Registration
If a particular feature of the Services allows children to register with Slumberkins, we may ask the child to provide certain information for notification and security purposes, including a parent or guardian’s email address, the child’s first name and gender, the child’s member or account username, and password. We may also ask for the child’s date of birth to validate their age.
Please note that children can choose whether or not to share this information with us, but certain features or functions of the Services cannot function without it. As such, if this information is not provided, the child may not be able to use these features or functions.
We will not require a child to provide more information than is reasonably necessary in order use the particular feature of the Services.
Parental Consent
Consistent with the requirements of COPPA, on any child-targeted feature of the Services, or in connection with any instance where we ask for age information and determine that the user is under the age of 13, we will ask for a parent or guardian email address before we collect any personal information from the child. We will not use parent or guardian emails provided as part of this process in order to market to the parent or guardian unless the parent or guardian has separately provided their express consent to receive such marketing communications or has separately participated in activities that allow for us to engage in such marketing activities.
In the consent email, we will explain what information we are collecting, how we plan to use it, how the parent or guardian can provide consent, and how any consent previously granted can be revoked. If we do not receive parental or guardian consent within a reasonable period of time after we send the email, we will delete the parent or guardian’s contact information, in addition to any information we have collected from the child in connection with the activity for which we are seeking consent.
Content Generated by a Child
Certain features of the Services allow children to create or use content and save it with Slumberkins. Some of these features do not require children to provide any Personal Information and as such may not require that we notify a parent or guardian or obtain parent or guardian consent. If any of these features allows a child to include or input Personal Information as part of any created content, we will either delete any such Personal Information as part of a pre-screening process, or we will seek parent or guardian consent.
Parental Choices
Parents or guardians can refuse to permit the collection of Personal Information from their children in association with a particular account at any time, and can further request that we delete any such Personal Information that we have previously collected. Such a deletion request may, however, result in the termination of the account.
Where a child has registered for an account, parents or guardians can access, change or delete information that Slumberkins has collected in connection with the account by: (i) logging into the child’s account using the child’s username and password; or (ii) contacting Slumberkins via email to privacy@slumberkins.com to request access to, change or delete the child’s personal information. Action will be taken in response to a valid deletion request within a reasonable period of time.
Please note that Slumberkins will take reasonable steps to verify a parent or guardian’s identify before granting access to a child’s account or other personal information.
Geolocation Data
If features of the Services that are directed toward children collect geolocation information that is sufficient to identify (or enable Slumberkins to identify) a particular street address, we will first seek parent or guardian consent via email.
Third Parties
Slumberkins does not currently permit any third parties to collect Personal Information from users of the Services that are directed to children under 13, or that we know children under 13 are using, except those third parties that may collect persistent identifiers, such as IP addresses, cookie information or other identifiers from devices or browsers, solely for the support of internal operations as described in this Notice.
Disclosures
We may share the Personal Information of children with our service providers if necessary for them to perform a business, professional, technical, or similar support function for us. We may further disclose such Personal Information if permitted or required by law, or in response to a law enforcement or public agency’s request. Slumberkins may further disclose such Personal Information if we believe such disclosure may prevent a crime from occurring or to facilitate an investigation related to public safety or to protect the safety of a child, to protect the security or integrity of the Services or any associated IT systems or functions or related technology, or to prevent or take precautions against potential or actual liability.
The Services are directed to users located in the United States. If you are located outside of the United States and choose to use the Services or provide your information to us, you should be aware that we may transfer your information to the United States and process it there. The privacy laws in the United States may not be as protective as those in your jurisdiction. Your consent to this Notice followed by your submission of information to us through or in connection with the Services represents your agreement to the transfer of your information to the United States.
We may change this Notice from time to time. If we decide to make a material change to this Notice, we will post it on this page. Your continued use of the Services after the posting of changes to this Notice will mean you accept these changes. In some cases, we may attempt to contact you through an email or other address you have provided, so we can give you choices about our using your information in a manner different from that stated at the time of collection. If we make any material changes in our privacy practices that affect your Personal Information that is already in our possession, we will apply those changes to that older information only with your consent or as otherwise allowed by law.
If you have any questions about this Notice or our use of the information we collect from you in connection with the Services, email us at privacy@slumberkins.com.
What is Flex and what is their relationship with Slumberkins?
Slumberkins has partnered with Flex to allow you to use your Health Savings Account (HSA) or Flexible Spending Account (FSA). This means you can now use your HSA or FSA debit card to buy Slumberkins with pre-tax dollars, resulting in net savings of 30-40%, depending on your tax bracket.
How do I pay with my HSA or FSA card?
To use your HSA or FSA debit card, add products to your cart as usual. At checkout, select “Flex | Pay with HSA/FSA” as your payment option, enter your HSA or FSA debit card, and complete your checkout as usual. If you don’t see “Flex | Pay with HSA/FSA,” you may be in Shop Pay. Select “checkout as guest” to view more payment options.
What if I don't have my HSA/FSA card available?
If you don’t have your HSA or FSA card handy, still select “Flex | Pay with HSA/FSA” as your payment method. Enter your credit card information and log in to the consumer portal at withflex.com/portal using the same email you used at checkout to download an itemized receipt to submit for reimbursement.
Why can't I see Flex as a payment method?
The key here is to make sure you are logged out of ShopPay. One of the easiest ways to do this is to go through checkout in an incognito window.
Why is my HSA/FSA card being declined?
HSA/FSA cards are debit cards, and the most common reason for declines is insufficient funds. Reach out to your HSA/FSA administrator to confirm your balance.
I submitted my Flex itemized receipt for reimbursement and my FSA requires more information.
Please forward us the request from your FSA, and we will work with the Flex team to issue you a new receipt.
Help! I didn't receive an email from Flex with my itemized receipt and/or letter of medical necessity. What should I do?
Please log in to the consumer portal at withflex.com/portal using the same email you used at checkout to download all the documents needed for the product you purchased. If you still need help, please email support@withflex.com and let them know the email address associated with your order.
I would like to use multiple HSA/FSA cards to pay for an item. Can I do that?
No, unfortunately, this isn’t a supported feature right now. If there are insufficient funds in a single HSA or FSA account, you can instead enter a credit card on the Flex checkout page. You can then log in to the consumer portal at withflex.com/portal using the same email you used at checkout to download an itemized receipt and/or Letter of Medical Necessity, which you can submit for reimbursement.
My purchase receipt from Slumberkins has a different number than what my FSA was charged. How can we resolve it?
Thanks for reaching out, and apologies for the discrepancy. We’ll review the charges and get back to you with details of the likely refund shortly.
Is sales tax covered by HSA/FSA funds, or is it treated separately?
Sales tax for eligible items is also covered by HSA/FSA funds. If the customer has a split cart, the tax will be divided among the cards based on the items.
What is a Letter of Medical Necessity?
Some products require documentation from a licensed healthcare provider stating that the item is necessary to treat or manage a specific medical condition. If the product requires a Letter of Medical Necessity (LOMN), Flex facilitates a chat-based telehealth consultation that is reviewed by a licensed provider, and typically the Letter is provided within 2 hours.
Why do I need to provide Slumberkins with health information?
In order to qualify to use your HSA or FSA card for Slumberkins, the IRS requires you to have a Letter of Medical Necessity. Slumberkins has partnered with Flex to enable telehealth visits as part of our checkout. A licensed provider will review your consultation, and within 2 hours of your purchase, you can log in to the consumer portal at withflex.com/portal using the same email you used at checkout to download your Letter of Medical Necessity and itemized receipt.
Do I need to do anything with my Letter of Medical Necessity?
You should keep it on file for at least three years in the event of an IRS audit of your HSA or FSA account. Occasionally, FSAs may ask for the Letter to confirm the eligibility of your purchase.
Help! I mistakenly entered my name and/or date of birth and need to get an updated letter. Who can I reach out to?
Please email support@withflex.com and they will reach out to their telehealth team to reprocess and send your corrected Letter of Medical Necessity.
The date on my Letter of Medical Necessity is one day different from my receipt.
Thanks for letting us know! This may be a time zone issue. We’ll reach out to our partners at Flex to see if they can reissue the Letter with an updated date.
My FSA says I need [a product name, NPI number, other info] added to my Letter for approval.
Generally, we’re not able to accommodate one-off requests, but we will reach out to our partners at Flex and see if we can accommodate your request.
Help! I did not receive an itemized receipt and/or Letter of Medical Necessity from Flex. What should I do?
Please log in to the consumer portal at withflex.com/portal using the same email you used at checkout to download all the documents needed for the product you purchased. If you still need help, please email support@withflex.com and let them know the email address associated with your order.
My HSA/FSA claim was denied. What should I do?
We strongly recommend checking with your HSA/FSA provider to see if a purchase is eligible prior to completing the purchase. However, if you believe your claim has been wrongly denied, please send over any response from your HSA/FSA provider to us so we can share it with Flex and receive guidance on the next best steps to take. Please note that employer-sponsored FSAs can determine what products are eligible beyond the IRS’s guidelines, so it’s extremely important to check prior to purchase.
Can a customer purchase a product now and apply for FSA reimbursement in the next calendar year?
The ability to apply for FSA reimbursement in a future calendar year depends on the policy of the specific FSA provider. Most FSA administrators require that the purchase be made during the time of coverage. For example, if the FSA coverage is for 2025, all purchases typically need to be made and/or submitted for reimbursement within that coverage period. However, some administrators may have more flexible rules regarding the timing of when the expense occurred. We recommend that customers review their plan policy to confirm the details.
Note: Health Savings Accounts (HSAs) are different and generally allow for reimbursement at any time, even in future years.
Can old (non-Flex) customers use their order confirmation email to apply for HSA/FSA reimbursement?
Unfortunately, for purchases made without using Flex in the checkout to receive an itemized receipt, it may be difficult to apply for reimbursement.
For Health Savings Accounts (HSAs), consumers can use an itemized receipt for reimbursement anytime after they have made the purchase, even if it is many years later.
For Flexible Spending Accounts (FSAs), most accounts require that the purchase was made in the calendar year during which the consumer had the FSA, as FSAs typically do not roll over. Some FSAs offer a buffer window, allowing customers additional time to submit receipts for expenses incurred during the previous calendar year.
How to file for HSA/FSA reimbursement?
Where do I submit an HSA/FSA reimbursement claim?
When should I expect to be reimbursed?
Reimbursement times vary but can take several weeks. For a specific timeline, contact your HSA or FSA administrator directly.
While checking out with HSA/FSA eligible products, it says the state I live in is ineligible.
Certain states - Louisiana, New Mexico, and Mississippi, have local and state laws limiting telehealth services. Flex is unfortunately unable to provide Telehealth Consultations and Letters of Medical Necessity to customers in these states.
