Privacy Policy

Updated January 16, 2024

1. Please Read Carefully

This Privacy Policy describes the information Sleepcare LLC d/b/a Daybreak (“Company” or “we” or “us” or “our”) collects about you through our websites and all other websites, mobile sites, applications, platforms and tools where this Privacy Policy appears or is linked (collectively, the “Website”), and all other services we provide(together, with the Website, the “Services”), how we use and share that information, and the privacy choices we offer. This Privacy Policy does not cover the privacy practices of the Medical Network or Dental Network described in the Company’s Terms of Use.

2. What is Company?

Company is not a healthcare provider. Company provides its users with the ability to obtain access to medical services provided by independent United States-based medical and dental providers.

3. A Note about Protected Health Information

We may collect Protected Health Information about you that is governed by HIPAA, either directly from you or from or on behalf of our affiliated professional entity. We act as a “business associate” to the affiliated professional entity, and our affiliated professional entity’s Notice of Privacy Practices and our Business Associate Agreements with our affiliated professional entity (or a separate Notice of Privacy Policy) will govern the use of your Protected Health Information, not this Privacy Policy. If you have any questions about the use and disclosure of your Protected Health Information, please contact our affiliated professional entity.

“HIPAA” means Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health Act and their implementing regulations as amended from time to time. “Protected Health Information” is individually identifiable health information that is protected by HIPAA and that we receive on behalf of Covered Entities. “Covered Entity” refers to a health plan, healthcare provider or other entity subject to HIPAA.

4. Changes to this Privacy Policy

We may change this Privacy Policy from time to time. If we make changes, we will notify you by posting the updated policy on our Website and revising the “Last Updated” date above. We encourage you to review the Privacy Policy whenever you use our Services to stay informed about our information practices and about ways you can help protect your privacy.

5. Use of Services

Your access to and use of our Services are subject to certain terms and conditions, which are set forth in our Terms of Use

6. Collection of Information

We may collect and use certain information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”) as further described below.

6.1 Information You Provide

We collect information you provide, such as when you email us, sign up through our Services, or submit information through our Services. We may collect, but are not limited to collecting, the following personal information: your name, gender, email address, mailing address, phone number, contact or authentication data, date of birth, health insurance provider information, payment card numbers, bank account number, bank routing number, history of medical and dental care, and any other information you choose to share with us. We may collect other personal information necessary to process your payment if you make purchases with us, such as your payment instrument number, and the security code associated with your payment instrument. All payment data is stored by our third party service provider, Shopify. You may find their privacy notice link(s) here: https://www.shopify.com/legal/privacy.

6.2 Children

Company does not knowingly collect or maintain personal information from persons under 18 years of age. If you are under 18 years of age, then please do not use the Services. If Company learns that personal information of persons less than 18 years of age has been collected without verifiable parental consent, then Company will take the appropriate steps to delete this information. To make such a request, please contact us at privacy@thedaybreak.com.

6.3 Information We Collect from Your Use of the Services

We collect information about you when you use our Services, including, but not limited to the following:

Account Information. When you register with us using the Services to create an account and become a registered user, you will need to provide us with certain personal information to complete the registration, including information that can be used to contact or identify you and credit card or other billing information in some cases.
Device Information. We may automatically collect certain information about the computer or devices (including mobile devices) you use to access the Services. For example, we may collect and analyze information such as (a) IP addresses, geolocation information (as described in the next section below), unique device identifiers and other information about your mobile phone or other mobile device(s), browser types, browser language, operating system, the state or country from which you accessed the Services; and (b) information related to the ways in which you interact with the Services, such as: referring and exit pages and URLs, platform type, the number of clicks, domain names, landing pages, pages and content viewed and the order of those pages, the amount of time spent on particular pages, the date and time you used the Services, the frequency of your use of the Services, error logs, and other similar information. As described further below, we may use third-party analytics providers and technologies, including cookies and similar tools, to assist in collecting this information.
Location Information. We may collect different types of information about your location, including general information (e.g., IP address, zip code) and more specific information (e.g., GPS-based functionality on mobile devices used to access the Services), and may use that information to customize the Services with location-based information, advertising, and features. For example, if your IP address indicates an origin in Los Angeles, California, the Services may be personalized with Los Angeles-specific information and advertisements. In order to do this, your location information may be shared with our agents, vendors or advertisers. If you access the Services through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer’s instructions for further details.
Cookies and Other Electronic Technologies. We may use the tools outlined below in order to better understand users. As we adopt additional technologies, we may also gather additional information through other methods.
Cookies: “Cookies” are small computer files transferred to your computing device that contain information such as user ID, user preferences, lists of pages visited and activities conducted while using the Services. We use Cookies to help us improve or tailor the Services by tracking your navigation habits, storing your authentication status so you do not have to re-enter your credentials each time you use the Services, customizing your experience with the Services, and for analytics and fraud prevention.

Behavioral Advertising: We may use a type of advertising commonly known as interest-based or online behavioral advertising. This means that some of our business partners use Cookies to display Company ads on other websites and services based on information about your use of the Services and on your interests (as inferred from your online activity). Other Cookies used by our business partners may collect information when you use the Services, such as the IP address, mobile device ID, operating system, browser, web page interactions, the geographic location of your internet service provider, and demographic information such as sex and age range. These Cookies help Company learn more about our users’ demographics and internet behaviors.

Web Beacons: “Web Beacons” (a.k.a. clear GIFs or pixel tags) are tiny graphic image files imbedded invisibly in a web page or email that may be used to collect anonymous information about your use of our Services, the websites of selected advertisers, and the emails, special promotions or newsletters that we send you. The information collected by Web Beacons allows us to analyze how many people are using the Services, using the selected advertisers’ websites or opening our emails, and for what purpose, and also allows us to enhance our interest-based advertising.

Website Analytics: We may use third-party website analytics services in connection with the Website, including, for example, to register mouse clicks, mouse movements, scrolling activity and text that you type into the Website or mobile application. These website analytics services generally do not collect personal information unless you voluntarily provide it and generally do not track your browsing habits across websites which do not use their services. We use the information collected from these services to help make the Website easier to use.
Mobile Device Identifiers: Mobile device identifiers are data stored on your mobile device that may track mobile device and data and activities occurring on and through it, as well as the applications installed on it. Mobile device identifiers enable collection of personal information (such as media access control, address and location) and traffic data. Mobile device identifiers help Company learn more about our users’ demographics and internet behaviors.

6.4 Information from Third Parties

We may obtain additional information about you from third parties such as marketers, partners, researchers, and others. We may combine information that we collect from you with information about you that we obtain from such third parties and information derived from any other subscription, product, or service we provide.

6.5 Aggregate or De-identified Data

We may aggregate and/or de-identify information collected by the Services or via other means so that the information is not intended to identify you in accordance with applicable law. Our use and disclosure of aggregated and/or de-identified information is not subject to any restrictions under this Privacy Policy, and we may disclose it to others, in accordance with applicable laws and regulations.

7. Use of Information

We use the information that we collect for the following purposes:

To contact you when necessary or requested;
To personalize your experience with the Services by informing you of products, programs, events, services, and promotions of Company, our affiliates, our partners and/or third parties that we believe may be of interest to you (see the “Opt-In Policy” below);
To fulfill your purchase from us, including, to process your payments, communicate with you regarding your purchase or provide you with related customer service;
To provide, maintain, administer, improve, or expand the Services, perform business analyses, or for other internal purposes to support, improve or enhance our business, the Services, and other products and services we offer;
To customize and tailor your experience of the Services;
To send mobile notifications (you may opt-out by contacting us using one of the methods listed in the “Contact Us” Section below or using the “STOP” number in texts)
To track and analyze trends and usage in connection with our Services;
To better understand who uses the Services and how we can deliver a better user experience;
To combine information received from third parties with the information that we have from or about you and use the combined information for any of the purposes described in this Privacy Policy;
To use statistical information that we collect in any way permitted by law, including from third parties in connection with their commercial and marketing efforts;
To prevent, detect, and investigate security breaches, fraud, and other potentially illegal or prohibited activities;
To enforce the legal terms that govern your use of the Services;
To protect our rights or property;
To administer and troubleshoot the Services;
To comply with our own legal obligations and to protect and exercise our legal rights, as necessary; and
For any other purpose disclosed to you in connection with our Services.
To request feedback. We may process your information when necessary to request feedback and to contact you about your use of our Services.
To send you marketing and promotional communications. We may process the personal information you send to us for our marketing purposes, including to display content we think will interest you according to your preferences and other news and information about our Services, if this is in accordance with your marketing preferences. You can opt out of our marketing emails at any time by contacting us using one of the methods listed in the “Contact Us” Section below or using the “unsubscribe” link in emails.
To deliver targeted advertising to you. We may process your information to develop and display personalized content and advertising tailored to your interests, location, and more.
To post testimonials. We post testimonials on our Services that may contain personal information.

We may use third-party service providers to process and store personal information in the United States and other countries.

8. Sharing of Information

We may share personal information about you as follows:

With our medical or dental affiliated professional entities, in connection with the Services you request and in compliance and subject to our Business Associate Agreements with such affiliated professional entities;
With third parties to provide, maintain, and improve our Services, including service providers who access information about you to perform services on our behalf such as payment service providers, delivery companies, and website hosts;
With third parties we use to help us run our business, such as affiliate marketing programs, data analytic service providers, retargeting platforms, marketing agencies and ad networks, and user account registration and authentication service providers.
With third parties approved by you, including social media sites you choose to link your account to.
In connection with, or during the negotiation of, any merger, sale of company stock or assets, financing, acquisition, bankruptcy, divestiture or dissolution of all or a portion of our business (but only under non-disclosure and confidentiality agreements and protections);
If we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or governmental request; to enforce applicable user agreements or policies; to protect the security or integrity of our Services; and to protect us, our users or the public from harm or illegal activities; and
In any other manner not included within the foregoing with your consent.

We may also share aggregated, non-personally identifiable information with third parties.

9. Opt-In Policy

When you supply us with personal information in connection with your use of the Services, you may be asked to indicate whether you are interested in receiving information from us about our product and service offerings and if you would like us to share personal information about you with our affiliates, partners or other third parties for their marketing purposes. If you do choose to opt-in, you will receive such communications and/or we will share your information in accordance with your “opt-in” consent.

You may, of course, choose not to receive additional marketing information from us or choose not to allow our sharing of your personal information as follows: At any time, you can follow an unsubscribe link provided in our marketing-related email messages (but excluding e-commerce confirmations and other administrative emails) to opt out from receiving such communications; or at any time, you can contact us in accordance with the “Contact Us” section below to opt out from receiving such communications.

If you decide to contact us to change your contact preferences to opt out of receiving communications from us, please specify clearly which of the following choices you are opting out of: (a) Receiving marketing communications from us; (b) Allowing us to share personal information about you with our affiliates and partners for their marketing purposes; and/or (c) Allowing us to share personal information about you with other third parties for their marketing purposes.

We will endeavor to implement your requested change as soon as reasonably practicable after receiving your request. Please be aware that your requested change will not be effective until we implement such change. Please note that if you choose not to allow our sharing of your personal information, we are not responsible for removing your personal information from the databases of third parties with which we have already shared your personal information as of the date that we implement your request. If you wish to cease receiving marketing-related e-mails from these third parties, please contact them directly or utilize any opt-out mechanisms in their privacy policies or marketing-related e-mails.

Please note that if you do opt-out of receiving marketing-related email or SMS messages from us, we may still send you important administrative and informational messages. You cannot opt-out from receiving these administrative and informational messages. We reserve the right, from time to time, to contact former customers or users of the Services for administrative purposes or in order to comply with applicable laws, rules or regulations.

10. Social Media and Third Party Platforms

Certain sections or functionalities on our Services may permit you to share information on third party social media sites or platforms such as Facebook, Instagram, LinkedIn, Twitter, Google+, or other similar sites (collectively, “Social Media Sites”). Company does not own or control such Social Media Sites, and posting your information on Social Media Sites is subject to the third party Social Media Site’s privacy policy and other legal terms, which may not provide privacy protections with which you agree. Company is not responsible for any act or omission of any Social Media Site, nor are we responsible for the consequences of your choosing to share your information on Social Media Sites.

11. Security

We take reasonable measures, including administrative, technical, and physical safeguards, to help protect personal information from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure, due to many reasons, including the inherent security flaws in the internet. As a result, while we strive to protect your personal information, Company cannot ensure or warrant the security of any information you transmit to us or from our online products or Services, and you do so at your own risk.

12. Where Your Personal Information is Held

Information may be held at our offices and those of our medical and dental affiliated professional entities, our third party agencies, service providers, representatives and agents as described above (see above: “Sharing Information”).

Our Company is headquartered in the United States and utilizes service providers and third parties both in the United States and throughout the world. Some of these third parties may be based outside the country where we originally collected your personal information. These countries may not have the same data protection laws as the country where we originally collected the personal information. As such, our Company and our service providers may transfer your personal information to, or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction.In particular, you are advised that the United States of America uses a sectoral model of privacy protection that relies on a mix of legislation, governmental regulation, and self-regulation. We will, however, ensure the transfer complies with data protection law.

Where the laws of your country allow you to do so, by using our Services, you consent and authorize our Company to transfer, store, and use all such information in the United States of America, and any other country where we operate, which may not offer an equivalent level of protection to that required in the country where you reside and to the processing of that information by us on its servers located in the United States of America, and any other country where we operate, as described in this Privacy Policy. If you do not want your personal information transferred to the United States of America and any other country where we operate, please do not submit any information to us or use our services.

13. Contact Us

Please contact us by email if you have any questions about this Privacy Policy at support@thedaybreak.com.

14. Your Privacy Choices

14.1 How You Can Access and Update Your Information

You may update or correct information about yourself at any time or by emailing us at privacy@thedaybreak.com

14.2 Cookies and Advertising Opt-Out

Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services.

If you are interested in more information about interest-based advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link, the Digital Advertising Alliance’s Consumer Opt-Out link or TRUSTe’s Advertising Choices Page to opt-out of receiving tailored advertising from companies that participate in those programs.

Please note that even after opting out of interest-based advertising, you may still see Company’s advertisements that are not interest-based (i.e., not targeted toward you). Also, opting out does not mean that Company is no longer using its tracking tools—Company still may collect information about your use of the Services even after you have opted out of interest-based advertisements and may still serve advertisements to you via the Services based on information it collects via the Services.

14.3 How Company Responds to Browser “Do Not Track” Signals

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

14.4 Links to Other Websites

Our Services may contain links to other websites and those websites may not follow the same privacy practices as Company. We are not responsible for the privacy practices of third party websites. We encourage you to read the privacy policies of such third parties to learn more about their privacy practices.

14.5 No Rights of Third Parties

This Privacy Policy does not create rights enforceable by third parties.

14.6 California Residents

What categories of personal information do we collect?

We have collected the following categories of personal information in the past twelve (12) months.

We will use and retain the collected personal information as needed to provide the Services or for:

Category A - As long as the user has an account with us
Category B - As long as the user has an account with us
Category C - As long as the user has an account with us
Category D - As long as the user has an account with us
Category F - As long as the user has an account with us
Category G - As long as the user has an account with us
Category H - As long as the user has an account with us
Category K - As long as the user has an account with us
Category L - As long as the user has an account with us

Category L information may also be used, or disclosed to a service provider or contractor, for additional, specified purposes (e.g., if you are not a good candidate for our products or services we may refer you to another service provider). You may have the right to limit the use or disclosure of your sensitive personal information.

We may also collect other personal information outside of these categories through instances where you interact with us in person, online, or by phone or mail in the context of:

Receiving help through our customer support channels;
Participation in customer surveys or contests; and
Facilitation in the delivery of our Services and to respond to your inquiries.

Will your information be shared with anyone else?

We may disclose your personal information in accordance with the “Sharing Information” section above. In the preceding 12 months, we have not sold to any third parties any category of personal information. We have shared the following categories of personal information to third parties in the preceding twelve (12) months:

Category A:Identifiers

Category B:Personal information as defined in the California Customer Records statute

Category C:Protected classification characteristics under state or federal law

Category D:Commercial information

Category F:Internet or other similar network activity

Category G:Geolocation data

Category H:Audio, electronic, visual, thermal, olfactory, or similar information

Category K: Inferences drawn from collected personal information

Category L:Sensitive personal In-formation

Shine the Light Law

California Civil Code Section 1798.83, also known as the "Shine The Light" law permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

The California Code of Regulations defines a "residents" as:

(1) every individual who is in the State of California for other than a temporary or transitory purpose and

(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose

All other individuals are defined as "non-residents."

If this definition of "resident" applies to you, we must adhere to certain rights and obligations regarding your personal information.

CCPA Privacy Notice

Under the California Consumer Privacy Act (CCPA), California residents have the rights listed below.

Your rights with respect to your personal data

Right to request deletion of the data — Request to delete

You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information from our records and direct any service providers to delete your personal information from their records. Please note, we may not delete your personal information under certain exceptions provided by law, such as (but not limited to) the exercise by another California resident of his or her right to free speech, our compliance requirements resulting from a legal obligation, or any processing that may be required to protect against illegal activities.

Right to be informed — Request to know

Depending on the circumstances, you have a right to know:

the categories of personal information that we have collected;
the categories of sources from which the personal information is collected;
the categories of personal information that we sold, shared, or disclosed for a business purpose;
the categories of third parties to whom the personal information was sold, shared, or disclosed for a business purpose;
the business or commercial purpose for collecting, selling, or sharing personal information; and
the specific pieces of personal information we collected about you.

In accordance with applicable law, we are not obligated to retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained; re-identify or otherwise link any individual data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; or provide the personal information to you more than twice in a 12-month period.

Right to Non-Discrimination for the Exercise of a California Resident’s Privacy Rights

You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA. This means we cannot, among other things:

Deny goods or services to you;

Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;

Provide a different level or quality of goods or services to you; or

Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

We will not discriminate against you if you exercise your privacy rights.

Right to Limit Use and Disclosure of Sensitive Personal Information

If the business collects any of the following:

social security information, drivers' licenses, state ID cards, passport numbers
account login information, debit card, or credit card numbers, financial account information in combination with any required security or access code, password, or credentials allowing access to such accounts
precise geolocation
racial or ethnic origin, religious or philosophical beliefs, union membership
the contents of email and text, unless Company is the intended recipient of the communication
genetic data, biometric data, and health data
data concerning sexual orientation and sex life

You have the right to direct that business to limit its use of your sensitive personal information to that use which is necessary to perform the Services. To opt-out of the use and disclosure of your personal information, please email us at privacy@thedaybreak.com.

Once a business receives your request, they are no longer allowed to use or disclose your sensitive personal information for any other purpose unless you provide consent for the use or disclosure of sensitive personal information for additional purposes.

Please note that publicly available sensitive personal information and sensitive personal information that is collected or processed without the purpose of inferring characteristics about a California resident is not covered by this right.

To exercise your right to limit use and disclosure of sensitive personal information, please email privacy@thedaybreak.com.

Right to Correction

You have the right to request correction of inaccurate personal information maintained by us about you. Upon receipt of a verifiable request from you, we will use commercially reasonable efforts to correct the inaccurate personal information.

Verification process

Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, proof of your identity, or we may contact you through a communication method (e.g., phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate. In addition, if you ask us to provide you with specific pieces of personal information, we may require you to sign a declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request. We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person’s behalf.

We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.

Other privacy rights

You can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.An authorized agent means a natural person, or a business entity registered with the California Secretary of State, that you have authorized to act on your behalf.
You can opt out from the sharing of your personal information by disabling cookies in Cookie Preference Settings of your web browser. We will refrain from selling your personal information, unless you subsequently provide express authorization for the sale of your personal information.

In order to protect your privacy, Company requires you to confirm that you have provided the authorized agent permission to submit the request and you must provide the authorized agent with signed permission. "Signed" means that the written attestation, declaration, or permission has either been physically signed or provided electronically pursuant to the Uniform Electronic Transactions Act. An authorized agent that has power of attorney pursuant to California Probate Code section 4121 to 4130 must submit proof of statutory power of attorney, but in such cases, consumer verification will not be required. Company may deny a request from an authorized agent that does not submit proof that they have been authorized to act on your behalf. Requests submitted by an authorized agent will still require verification of the person who is the subject of the request in accordance with the process described above.

To exercise these rights, you can contact us by email at privacy@thedaybreak.com. If you have a complaint about how we handle your data, we would like to hear from you.