Privacy policy

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from www.yanasleep.com (the “Site”).

PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
We collect Device Information using the following technologies:

● “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
● “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
● “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

AUTOMATED DATA COLLECTION / COOKIES
We may use certain automatic analytics and tracking technologies to assist us in performing a variety of functions, including storing your Information, collecting Device Information and Usage Data, understanding your use of the Platform, customizing the content offered to you on the Platform and delivering relevant advertising to you. Such technologies include:

(1) Cookies. Cookies are text files placed in your computer's browser to store your preferences. We use cookies or other tracking technologies to understand site and Internet usage and to improve or customize the Platform and the content, offerings, or advertisements you see on the Platform. For example, we may use cookies to personalize your experience on the Platform (e.g., to recognize you by name when you return to the Platform), save your password in password-protected areas, and facilitate subscriptions or orders on the Platform. Most web
browsers automatically accept cookies, but you can usually configure your browser to prevent this. However, not accepting cookies may make certain features of the Platform unavailable to you.
(2) Web Beacons. We may also use "web beacons" or clear GIFs, or similar technologies, which are small pieces of code placed on a web page or in an email, to monitor the behavior and collect data about the visitors viewing a web page or email. For example, web beacons may be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page. Web beacons may also be used to provide information on the effectiveness of our email campaigns (e.g., open rates, clicks, forwards, etc.).
(3) Mobile Device Identifiers and SDKs. We also sometimes use, or partner with publishers or app developer platforms that use, mobile Software Development Kits ("SDKs") that are incorporated into the Platform to collect Information, such as mobile identifiers (e.g., IDFAs and Android Advertising IDs),
geolocation information, and other information about your device or use of the Platform. A mobile SDK may act as the mobile version of a web beacon (see "Web Beacons" above) and we may use this technology to deliver or help our advertising partners deliver certain advertising through the Platform based on information associated with your mobile device. By visiting the Platform, whether as a registered user or otherwise, you acknowledge, and agree that you are giving us your consent to track your activities and your use of the Platform
through the technologies described above, as well as similar technologies developed in the future, and that we may use such tracking technologies in the emails we send to you. Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number. We refer to this information as “Order Information. When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order
Information.

HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to: Communicate with you; Screen our
orders for potential risk or fraud; and When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services. We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

SHARING YOUR PERSONAL INFORMATION
In no event will we disclose, rent, sell or share any of your Personal Data to third parties for direct marketing purposes without first giving you the ability to opt in or opt out of such disclosure. We only share your Information with third parties for
the purposes described below. We may share your Personal Data with third party sponsors or partners who will use it for marketing purposes but only if you opt
in to such sharing or do not opt out when prompted. We will never share Personal Data in this manner without giving you one of these two options. We contract with companies or individuals to provide certain services related to the functionality and features of the Platform, including payment processing, email and hosting services, software development, food ordering/delivery, shipping and fulfillment, data management, surveys and marketing, and administration of contests and other promotions. We call them our "Service Providers." We may share your Personal Data and other Information with Service Providers as appropriate for them to perform their services for us and our Service Providers are permitted to use your Personal Data only for such purposes. We may also share, make available or transfer Device Information and Usage Data in anonymized form with or to our affiliates, licensees, promotional partners and Service Providers for administrative, analytical, research, optimization, promotional and security purposes, but no such Information will be linked with your Personal Data or be used to identify you. We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can alsoopt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout. Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

BEHAVIOURAL ADVERTISING
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more

information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work. Additionally, you can opt out of some of these services by visiting
the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

DATA RETENTION
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information. MINORS
The Site is not intended for individuals under the age of 21. By agreeing to these Terms of Service through your continued use of the site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

CHANGES
We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

REFUNDS, RETURNS, DAMAGED ITEMS & REPLACEMENTS
Refund Policy: Yana offers a full refund on all unopened and unused items within 45 days from purchase, excluding the shipping cost on the original purchase. For Pillows, an unopened and unused item means a vacuum-sealed product. Return shipping will be paid at the customer's expense. Refunds will be issued only after the item has been received and inspected to confirm they are unopened and unused. Processing time can be up to 60 days to inspect a returned item. To begin the refund process, you must send an email to hi@yanasleep.com that includes your order number.

Return Policy: Yana offers a partial refund on undamaged, opened items within 45 days of purchase. Customer will be refunded minus a 20% restocking fee on the original purchase price, excluding the shipping cost on the original purchase. Return shipping will be paid at the customer's expense. Returns will be issued only after the item has been received and inspected to confirm it is undamaged. Processing time can be up to 60 days to inspect a returned item. To begin the return process, you must send an email to hi@yanasleep.com that includes your order number.

Damage Policy: Yana offers a replacement on any damaged items within 15 days of delivery with proof of damage. To report a damaged product, please send a photo of the damaged item, the law tag on the product and the condition of the original shipping box to hi@yanasleep.com. Proof of damage is required to process a replacement for a damaged item and a replacement product will be shipped only after the photos of the damaged item(s) have been received. Depending on where you live and available inventory, the time for your replacement product to reach you may vary.

All Items: Once your item is received and inspected, we will send you an email to notify you that we have received your item. We will also notify you of the approval or rejection of your refund, return or exchange request. If you have any questions or concerns, please contact us at hi@yanasleep.com and you can expect a response within 1-2 business days.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our products and service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the products or service will be accurate or reliable. You agree that from time to time we may remove the products or service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the product or service is at your sole risk. All products and services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Yana Sleep LLC, Nice Vice Corp., any successors, affiliates or assigns or our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the
products or service, or for any other claim related in any way to your use of the products or service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless Yana Sleep LLC, Nice Vice Corp. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to products or services constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any
prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

CONTACT US
For more information about our policies, if you have questions, or if you would like to make a complaint, please contact us by e-mail at hi@yanasleep.com or by mail using the details provided below:

276 5th Avenue, Suite 704 - 3213
New York, New York 10001