Privacy Policy / Legal
By using our services and interacting with Seek Discomfort through our website, consent to the use of information that is collected or submitted as described in this privacy policy, including our use of cookies.
Seek Discomfort, LLC and its affiliates (the “Company”) are committed to respecting and protecting your privacy and the personal information that you share with us on this website. When you visit the website www.seekdiscomfort.com (the “Site”), we have the ability to collect information about you, from your name and address to your shopping preferences. This privacy policy explains why we collect it, how we use it and when we share it with others. Our policy also describes the choices you can make about how we collect and use your information.
This policy applies only to the Site and does not cover information provided on websites linked to our Site for purchasing or other purposes. Your use, and your privacy rights, in connection with any visits to those linked websites are covered by the privacy policies and terms of use that are posted on those sites.
If you have any questions about our privacy policy, please contact us at the address, email address or telephone number listed in “Contact Us” below.
Policy Updates
The Company may update this privacy policy from time to time. We will post all updated policies on the Site. You can check if a policy has changed by checking the revision date that appears above.
Types of Information We Collect
Unless you voluntarily provide personal information to us (such as your name, address, age, telephone number, e-mail address, birthday and credit card number), the Company will not collect it. Please note that you may disclose personal information when you post content to our Site or to the Company’s social media pages or blogs. If you have enabled our mobile application to locate you, the Company may gather your location information as well. If you do not want your personal information collected, please do not submit it to us. If you have already submitted this information and would like us to remove it from our records, please email us at info@seekdiscomfort.com. Please note that we may be required by law to keep certain information.
When you do provide us with personal information, we may use that information to process and fulfill your order, to communicate with you regarding an order, to make your shopping experience more personal, enjoyable and easier, to improve the content of the Site, to prevent fraudulent transactions, to notify you about updates to the Site, and to contact you directly regarding products or promotions we believe may be of interest to you. We may also use it to analyze your shopping or browsing history, your use of the Company’s mobile applications and the Site, and demographic information (gender, age and location, for example) about you and the Company’s other online customers.
If you apply for a job with the Company, we may collect information from your resume and other employment-related submissions.
If you use different devices to access the Site we may be able to associate you with each of your devices. Information we have collected from your different devices may be combined with other information you have provided us.
In addition to information that we collect from you directly, the Company may gather information associated with your social media account if you log into your Company account from your social media account or that information is otherwise available to the Company. This includes your profile information, email address, name and posted photographs, videos and likes. If the Site offers an “email-a-friend” or similar link, and you email a friend using that link, we will collect the name and email address of that friend as well.
Except as described below in this section and under the Disclosure of Information section, we do not give or sell any user information to any third party, but the Company may disclose your personal information when required by law or court order.
When you visit the Site, the Company also automatically collects information from you via “cookies” and using “pixel tags” (also known as “web beacons” or “clear gifs”). This may include the Internet browser you are using, the computer or device operating system you are using, time spent visiting the Site, usage patterns within the Site, your computer's or device’s Internet protocol (IP) address, date and time information, and other technical information about your computer or device, and the domain name of the Site from which you linked to our Site. We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). The information we collect automatically is statistical data and does may include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Site and to deliver a better and more personalized service, including by enabling us to estimate our audience size and usage patterns, store information about your preferences, allowing us to customize our Site according to your individual interests, speed up your searches, and recognize you when you return to our Site. This anonymous information is not matched to your personal information. We may use and disclose such information for any lawful purpose. Third party service providers may use this information in connection with advertising strategies.
Disclosure of Information
Information collected by the Company on the Site may be shared with any division of the Company and with the Company’s affiliates, including Yes Theory, LLC. This privacy policy does not cover the privacy practices of Yes Theory, LLC.
In addition, the information you provide on the Site may be disclosed by the Company to third party service providers who manage our customer information and perform services on our behalf. These services may include, without limitation, administering promotions or contests, administering surveys, and communicating with users. Some of these providers may be located in countries other than the United States, where data privacy laws may be less protective than those of the United States. In such case we would require that such third party agree to maintain data privacy at least comparable to that required under United States law, for non-European Union customers, or as required by the European Union GDPR (for example, if the third party is certified under the EU-US Privacy Shield).
We may share or use information about you if necessary or appropriate in our judgment to comply with any laws or regulations or in response to a valid request, demand, order or subpoena, including from any government agency, court or arbitrator, or to protect the privacy, operations, safety, assets or rights of the Company and its employees, other customers and vendors, or to enforce our Terms of Use or other policies.
If the Company or any of its affiliates or assets were to be acquired by another company or its data sold or transferred, the purchaser or successor may acquire our customers’ personal information and other information we have collected.
Mobile Terms of Service
The Seek Discomfort mobile message service (the "Service") is operated by Seek Discomfort (“Seek Discomfort”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Seek Discomfort’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Seek Discomfort through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Seek Discomfort. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +18333852583 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Seek Discomfort mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +18333852583 or email info@seekdiscomfort.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
Information Collected Used for Certain Purposes
If you were to give us your name, mailing address, shipping address, email address, and/or phone number, you might be added to our marketing database. If you are added to our marketing database, you may later opt out of receiving email communications by clicking the “unsubscribe” link on one of our emails or SMS messages and you may opt out of receiving other communications by sending an email to info@seekdiscomfort.com or notify us by telephone or mail stating that you would like to opt out of email communications from the Company. The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.
Use of Cookies
Our site uses “cookies.” A cookie is a small amount of data that is sent to your browser from an Internet server and stored in your computer or device. Generally, we use cookies to remind us of who you are, tailor our products and services to suit your personal interests, estimate our audience size, allow us to better understand how users use the site, and/or to analyze your visiting patterns. Our website also uses cookies 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 cart reminder messages via SMS.
You can set your browser to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it. Also, most browsers enable you to erase cookies from your computer hard drive or device, block all cookies, or receive a warning before a cookie is stored. Please refer to your browser instructions or help screen to learn more about these functions.
Accessing or Changing Information
If you have established an account on the Site you can review and change certain personal information regarding your use of the Site, such as your name and contact information, by signing into your account and editing your account profile. You can also request that we update your personal information by contacting us as provided in Contact Us below.
Children
While the Site is a general audience site, the Company will never knowingly request or collect personal information from any person under 13 years of age without prior verifiable parental consent. We assume that any user of the Site is 13 years of age or older, but if we have good reason to believe that a user is not, we will ask for verification. Children under age 13 should always ask their parents or guardians for permission before providing any personal information to anyone online. If we become aware that an individual is under the age of 13 and has submitted any information to the Company for any purpose without prior verifiable parental consent, we will delete his or her information from our files. In addition, if a parent or guardian becomes aware that a child has submitted personal information, that parent or guardian should tell us that they would like this information deleted from our records by contacting us via email at info@seekdiscomfort.com or notify us by telephone or mail as provided in Contact Us below. We will delete the child’s information from our existing files. We reserve the right, in our discretion, to do any one or more of the following in order to verify a minor’s parental permission to use the Site:
- Request a signed form from the parent via mail or fax;
- Request a credit card number, which we will then verify;
- Take calls from parents on a toll-free telephone number staffed by trained personnel;
- Request an email from a parent accompanied by digital signature; or
- Request an email accompanied by a PIN or password.
Security
We understand the utmost importance of protecting the security of the personal information that you share with us. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. The Company uses certain commercially reasonable safeguards to protect our Site users against unauthorized access, use or disclosure of personal information. While we strive to protect this personal information, WE CANNOT REPRESENT, WARRANT OR GUARANTEE THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO OR FROM OUR SITE, AND YOU TRANSMIT ANY INFORMATION AT YOUR OWN RISK.
Personal Information Scams
You should never give information in response to an email that purports to be from the Company asking you for your personal information. We will never request your password, user name, credit card information or other personal information through email and we urge you not to respond to any such requests.
Links to Other Sites
This site contains links to other sites operated and maintained by third parties. Privacy policies for such linked sites may be different from our privacy policy. The Company is not responsible for the privacy practices or the content of such websites. You should always read the privacy policy for a linked site before disclosing any personal information on such site.
Your California Privacy Rights
California law affords certain additional protections to California consumers. Please see our California Privacy Rights, which may be accessed through clicking on this link or the link on the home page of the Site.
Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will notify you through a notice on the home page of the Site. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Website and this privacy policy to check for any changes.
Contact Us
To contact us, or if you have any questions or comments about this Privacy Policy, you can send us an email or letter, as follows:
Seek Discomfort, LLC
1113 Electric Ave, Unit 6
Venice, CA 90291
Attn: Seek Discomfort Legal
info@seekdiscomfort.com
