Terms of Use & Privacy Policy

Terms of Use & Privacy Policy


Business Address is 240 Kent Ave, Brooklyn, NY 11249

WE WILL NOT ACCEPT RETURNED PRODUCTS TO THE ABOVE BUSINESS ADDRESS. CONTACT RETURNS@HELLOTUSHY.COM FOR RETURN INSTRUCTIONS.

Terms

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Tushy Inc. The collective work includes works that are licensed to hellotushy.com. Copyright 2020, Tushy Inc ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with hellotushy.com or purchasing Tushy products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with hellotushy.com or to purchase Tushy products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by hellotushy.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of hellotushy.com used in the site are trademarks or registered trademarks of Tushy Inc.

Warranty Disclaimer

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Tushy Inc disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Tushy Inc does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Tushy Inc does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

Tushy Inc shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Tushy Inc has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that a Tushy product is mistakenly listed at an incorrect price, hellotushy.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Tushy Inc reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, hellotushy.com shall issue a credit to your credit card account in the amount of the incorrect price.

Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Tushy Inc without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

Tushy Inc may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to hellotushy.com.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a hellotushy.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

Tushy Inc does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, hellotushy.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, hellotushy.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to hellotushy.com in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Tushy Inc, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, hellotushy.com may link to sites operated by third parties. However, even if the third party is affiliated with Tushy Inc, Tushy Inc has no control over these linked sites, all of which have separate privacy and data collection practices, independent of hellotushy.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Tushy Inc seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

ASME Plumbing Standards

Tushy bidets have complied with sections dealing with durability (sections 3.4, 5.6, 5.7, 5.8), functionality (sections 2.6, 3.6, 4.1), material quality (4.9, 4.14, 5.1, 5.2 ), compatibility and design (4.2, 4.4, 6.0), and high pressure testing (section 3.2, 5.3, 5.5) of ASME A11218.1-2012/CSA and ASME A112.4.2-2009.

Plumbing regulations of some regions may require a vacuum breaker back flow prevention for bidets installed on the toilet. Vacuum breakers are very large and expensive and are normally installed on sprinklers and shower heads, because there is a much greater risk of backflow with those systems. Our Tushy bidet does not come with an extra back flow prevention valve, however the valves used are the common valves that are used in faucets and are unidirectional (do not allow backflow).

We would recommend that you check with the plumbing regulations in your area before installing the bidet. If it does not meet the plumbing regulations, it is likely that our bidet cannot be installed and will have to be returned.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

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

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of TUSHY products.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

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

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

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

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

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

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

- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in New York, NY before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which TUSHY Inc.’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

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

 

Privacy Policy
What information do we collect?

We collect information from you when you register on the site, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or participate in another site feature. When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. You may, however, visit our site anonymously. We also collect information about gift recipients so that we can fulfill the gift purchase. The information we collect about gift recipients is not used for marketing purposes. Like many websites, we use “cookies” to enhance your experience and gather information about visitors and visits to our websites. Please refer to the “Do we use ‘cookies’?” section below for information about cookies and how we use them.

How do we use your information?

We may use the information we collect from you when you register, purchase products, enter a contest or promotion, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways: To personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested.  To allow us to better service you in responding to your customer service requests.  To quickly process your transactions.  To administer a contest, promotion, survey or other site feature.  If you have opted-in to receive our e-mail newsletter, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please refer to the “How can you opt-out, remove or modify information you have provided to us?” section below. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails. Visitors who register or participate in other site features such as marketing programs and ‘members-only’ content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.

How do we protect visitor information?

We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.

Do we use “cookies”?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won’t have access to many features that make your site experience more efficient and some of our services will not function properly. However, you can still place orders over the telephone by contacting customer service.

Do we disclose the information we collect to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. The term “outside parties” does not include shethinx.com, docoolshit.org, or mikiagrawal.com. It also does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

 

SMS/MMS MOBILE MESSAGING MARKETING PROGRAM

We respect your privacy. We will only use information you provide through the Program to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.

California Civil Code Section 1798.83 permits Users of the Program that are California residents to request certain information regarding our disclosure of the information you provide through the Program to third parties for their direct marketing purposes. To make such a request, please contact us at the following address:

TUSHY Inc
240 Kent Ave, Suite 3B-12A Brooklyn, NY 11249
support@hellotushy.com

This Privacy Policy is strictly limited to the Program and has no effect on any other privacy policy(ies) that may govern the relationship between you and Us in other contexts.

 

Third party links

In an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work).

Changes to our policy

If we decide to change our privacy policy, we will post those changes on this page. Policy changes will apply only to information collected after the date of the change. 

Questions and feedback

We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue.

Online Policy Only

This online privacy policy applies only to information collected through our website and not to information collected offline.

Terms and Conditions

Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website. By using our site, you consent to our privacy policy.

Shipping & Delivery

Unless an item is on backorder, we ship same-day worldwide on orders placed on weekdays prior to 2 p.m. Eastern Standard Time (with the exception of federal holidays).  If an order is placed after 2 p.m. Eastern Standard Time on a weekday or on a weekend or federal holiday, the order will be shipped the next business day.  For continental US orders, our standard ground delivery service (UPS SurePost or FedEx SmartPost) generally takes 5-7 business days.  All international orders are shipped using DHL Express International, which takes approximately 15 business days. Please note that an additional fee may be added on international orders and non-contiguous states. Tracking information is provided for all orders.

Returns & Replacements

 

If you return your undamaged TUSHY bidet within 60 days of your initial delivery date, we will process your refund once it arrives back at our warehouse. 


To initiate a return, please message returns@hellotushy.com with the following information: 

  1. The reason for your return. (If you’re having an issue with your product, we’d love the opportunity to correct it. If a picture would better describe your problem, please attach it to the message. We often have simple solutions for many of the problems that you may run into!)
  2. Your order number and TUSHY model.
  3. Describe the state of the box and packaging. Has the box been opened or TUSHY used? Have you tried to install your TUSHY? (Due to governmental regulations, we need to thoroughly inspect every returned product. This helps us understand how we will process the return.) 
  4. Do you have any suggested improvements? (This question helps us understand how we can do better and improve any issues that you may have encountered.) 

If you’d like a pre-paid return shipping label, we can send you one and deduct a shipping/handling fee of $9.99 (USD) from your refund.


If you’d like to return using your own shipping, please return your product to the below address. IMPORTANT: Please share your tracking number with returns@hellotushy.com so we can ensure your refund is processed expeditiously. 


TUSHY Returns

℅ Ruby Has Fulfilment 

12 Wisconsin Ct. 

Bayshore, NY 11706


If you are in Canada and you’d like to return using your own shipping, please return your product to the below address. IMPORTANT: Please share your tracking number with returns@hellotushy.com so we can ensure your refund is processed expeditiously. 

TUSHY Returns

℅ Shipfusion

3600B Laird Road, Unit 2

Mississauga ON L5L 6A7


Note: We refund only the cost of the product; we do not refund shipping fees or customs fees (if applicable) you may have paid on your original purchase.


If you are returning your product before even opening the box, please do not open the box before returning it. This will significantly speed-up your refund once the box is received at our returns facility. 

Our bidets come with a 12-month guarantee on equipment and parts. We will promptly replace any defective parts, free of charge, within the specified warranty period.


Sale items, towel products, t-shirts (and other TUSHY merch items) are not eligible for returns. All orders outside of the U.S. and Canada are not eligible for returns.


 

TUSHY Website Privacy Policy

  

This Privacy Policy applies to hellotushy.com and all other websites, applications, products, services, and other offerings (collectively, the “Products”) owned and operated by TUSHY Inc. and our affiliates and subsidiaries (“TUSHY”).

 

The Privacy Policy explains how TUSHY may collect, use, and disclose personal information we obtain through the Products, your communications with us, or from third parties. It also describes the choices and rights available to you regarding your personal information.

  

Our Products collect your information

 

We collect personal information in the following circumstances:

 

Registering an account. Some of our Products give you the option of creating a user account. If you decide to create an account, you will provide us with certain personal information, such as your user name and password. You are not required to register to use our Products.

 

Purchasing a TUSHY Product. When you make a purchase, you are given the option of logging into an account or checking out as a guest. In either case, when you purchase a TUSHY Product, you will provide us with personal information, such as your name, email address, payment information, and shipping address.

 

Making a payment. When you make a payment to TUSHY, you may need to provide personal information to our third-party payment processors. Such personal information may include sensitive personal information, such as your credit card number.

 

Submitting information to us. We collect information you submit to us. For example, when you post a review of a TUSHY product on hellotushy.com or refer a friend to TUSHY on hellotushy.com, we receive the information in your submission, including any personal information. If you choose to submit content to any public area of hellotushy.com, such content will be considered “public” and will not be subject to the privacy protections set forth herein.

 

Communicating with us. We may also collect personal information from you when you communicate with us. For example, you may send us personal information by writing an email to us, calling our customer service department, subscribing to the TUSHY newsletter, or making a reservation for an event hosted by TUSHY.

 

Taking a survey. From time to time, we may contact you to participate in optional online surveys. If you do decide to participate, you may be asked to provide certain information which may include personal information.

 

Information you provide about a third party. If you choose to use our referral service to tell a friend about TUSHY, we may collect your friend's personal information, such as name and email address. We will automatically send your friend a one-time email inviting him or her to purchase a TUSHY product. We store your friend’s information in order to send this one-time email and to track the success of our referral program.

 

Passive collection. Our websites and applications collect and store information that is generated automatically as you use them, including your preferences and anonymous usage statistics. This information may include Internet protocol (IP) addresses, cookie identifier, browser type, Internet Service Provider (ISP), referring/exit pages, the files viewed on our websites and applications (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data. We use this data to analyze trends in the aggregate and administer our Products. Non-personal information that we passively collect may be combined with other information about you, including personal information such as when you are logged into your TUSHY account.

 

Tracking technologies. TUSHY and its partners use cookies, pixels, server logs, and other similar technology to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base. Non-personal information that we collect using these technologies may be combined with other information about you, including personal information, such as when you are logged into your TUSHY account.

 

Information provided by third parties. TUSHY may collect information about you from third parties or supplement the information we collect from you with additional records received from third parties. If you place an order with a third-party retailer, that retailer will send your personal information to TUSHY so that we can fulfill your order. We also collect information from third parties in order to enhance our ability to serve you, to tailor our content to you, and to offer you information that we believe may be of interest to you.

 

 

 

How TUSHY uses your information

 

Except as provided below, we do not share or disclose your personal information. We never monetize your information; we use it to continue developing excellent products to help you sleep better and to optimize your experience with relevant offers and promotions.

 

We use personal information in the following ways:

 

Internal and service-related usage. We use and retain information, including personal information, to improve and facilitate our Products, including:

  • to analyze interactions with and performance of our Products;
  • to debug and identify errors that impair functionality;
  • to detect security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity;
  • for research related to technological development and demonstration;
  • to improve or enhance our Products or website.

    Advertising. We may use personal information to help us deliver targeted advertising including to consumers directly and through unaffiliated advertising partners, to measure the effectiveness of advertising on behalf of our advertising partners, and to identify the audience most likely to respond to an advertisement.

    Communications. We may send emails to the email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance.

    Marketing. We may use information about you, including personal information, to send you information about TUSHY’s Products.

    Non-personal Information. We may use anonymized, aggregated or other data that is not personal information for any purpose, including marketing. These uses may include but are not limited to analyzing interactions with and performance of our Products, enabling us to improve our Products, and sharing such information with our business partners, affiliates, or any other third party. Similarly, we may enhance any such anonymized and aggregated data collected via our Products with other information collected from our business partners.

    How we use automatic collection technologies. We, as well as third parties that provide content, advertising, or other functionality on our Products, may use cookies, pixel tags, local storage, and other technologies to automatically collect information. Our use of these technologies fall into the following general categories:
     
  • Operationally Necessary: This includes technologies that allow you to access our Products and tools that are required to maintain functionality and monitor and protect our Products.
  • Performance-Related: This includes technologies that allow us to assess the performance of our Products and help us understand how our users and visitors interact with our Products.
  • Functionality-Related: This includes technologies that allow us to offer you an enhanced experience when using our Products, such as identifying you when you sign in to your account or keeping track of your preferences.
  • Advertising or Targeting-Related: We may use first- or third-party Technologies to deliver content, including ads relevant to your interests on our Products or on third-party websites and applications.


    TUSHY may disclose your information in the following ways:

    Service Providers. We may share personal information with our vendors and Service providers who perform services on our behalf. These third parties are authorized to use your personal information only as necessary to provide these services to us, such as fulfilling orders, processing payments, sending and improving communications, developing and improving our Products, detecting, preventing, and remediating fraud or other prohibited activities, and other support for the provision of our Products.

    Displaying to other users. The content you post to hellotushy.com may be displayed on hellotushy.com. Other users may be able to see some information about you, such as your name if you submit a review. We are not responsible for privacy practices of the other users who will view and use the posted information.

    As required by law and similar disclosures. We may access, preserve, and disclose your personal information, other account information, and content if we believe doing so is required or appropriate to comply with law enforcement requests and legal process, such as a court order, government request, or subpoena. We may also access, preserve, and disclose your personal information, other account information, and content if we believe in good faith that disclosure is necessary to protect yours’, ours’ or others’ rights, property, or safety, or investigate fraud.

    Merger, sale, or other asset transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. The use of your personal information following any of the foregoing events should be governed by the provisions of the Privacy Policy in effect at the time such personal information was collected.


    Your Choices and Rights

    In accordance with applicable laws, you may have the right to:
  • Access personal information about you that we have collected.
  • Request correction of personal information that is incomplete or inaccurate. We may offer self-service tools for you to correct this information.
  • Request deletion of personal information that we hold about you.
  • Request restriction of or object to processing, including the right to opt out of the sale of your personal information to third parties.

    You can make any of these requests via our web form or by emailing privacy@hellotushy.com. We will respond to your request within a reasonable timeframe. We reserve the right to save transaction data as is necessary to comply with legal obligations or for purposes of standard business operations.

    Shine the Light. Under California’s “Shine the Light” law, you may have the right to request from us once per year, free of charge, a list of the third parties to whom we have disclosed Personal Information for their direct marketing purposes in the prior calendar year, as well as the type of Personal Information disclosed to those third parties.

    Cookies. You may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt out of certain mobile ads via their device settings.

    Advertising. To manage our advertising on other sites, we engage third-party advertising partners. These third-party partners may use technologies such as cookies to gather information about your activities on hellotushy.com and other sites in order to provide you advertising based upon your browsing activities and interests. Notwithstanding the foregoing, our third-party advertising partners do not have access to, nor do we share with such third parties, any Glow Usage Data. Certain of our third-party advertising partners participate in self-regulatory organizations, and those organizations operate websites that give you the ability to opt-out of receiving targeted ads from those partners. You can access these websites, and also learn more about targeted advertising and privacy, at Network Advertising or AboutAds. You can also choose not to be included in Google Analytics here.

    To be clear, whether you are opting out by adjusting your browser/device settings or by using a website established by a self-regulatory group, these cookie-based opt-outs must be performed on each device and browser that you wish to have opted out. For example, if you have opted out on your computer browser, that opt-out will not be effective on your mobile device. You must separately opt out on each device.
     

Do Not Track Mechanisms. Please note that we do not respond to or honor “do not track” signals or similar mechanisms transmitted by web browsers.

 

Email If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. We will process your request within a reasonable time after receipt. We are not responsible for removing your personal information from the lists of any third party who has previously been provided with your information in accordance with this policy.

 

Third-party sites and social media platforms

 

Our Products may contain links to other websites and other websites may reference or link to hellotushy.com or our other Products. These other domains and websites are not controlled by us. We encourage our users to read the privacy policies of each and every website and application that they interact with. We do not endorse, screen, or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.

 

Our Products may also contain links and interactive features with various social media platforms. If you already use these platforms, their cookies may be set on your device when using our Products. You should be aware that personal information which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum may be viewed and used by others without any restrictions. We are unable to control such uses of your information when interacting with a social media platform, and by using such services you assume the risk that the personal information provided by you may be viewed and used by third parties for any number of purposes.

 

Security of your information

 

We take reasonable steps to ensure that your information is treated securely and in accordance with this Privacy Policy. We follow generally accepted standards to protect personal information submitted to us, both during transmission and once it is received. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure.

 

By using our Products or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Products. If we learn of a security breach, we may notify you by posting a notice on hellotushy.com, sending an email to you, or by mail, as required by law.

 

Data retention

 

We retain information for as long as your account is active or as needed to provide Products or services. We will also retain and use information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

 

 

Children's privacy

 

We do not knowingly collect, maintain, or use personal information from children under 17 years of age, and our Products are not directed to children under the age of 17. If you learn that your child has provided us with personal information without your consent, you may alert us at privacy@hellotushy.com. If we learn that we have collected any personal information from children under 17, we will promptly take steps to delete such information and terminate the child’s account.

  

International users

 

By using our Products, you will transfer data to the United States.

 

By choosing to visit hellotushy.com, using our Products, or otherwise providing information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of the State of New York and the adjudication of any disputes arising in connection with TUSHY or our Products will be in accordance with the Terms.

 

If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information you consent to any transfer and processing in accordance with this Policy.

 

With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, TUSHY Inc. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, TUSHY Inc. may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

 

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

 

Under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

 

Changes to our Privacy Policy and practices

 

We may revise this Privacy Policy, so we encourage you to review it periodically. If you continue to visit hellotushy.com or use our Products after such changes have been made, you hereby provide your consent to the changes.

 

Posting of Revised Privacy Policy. We will post any adjustments to the Privacy Policy on this web page, and the revised version will be effective when it is posted. If you are concerned about how your information is used, bookmark this page and read this Privacy Policy periodically.

 

New uses of personal information. From time to time, we may desire to use personal information for uses not previously disclosed in our Privacy Policy. If our practices change regarding previously collected personal information in a way that would be materially less restrictive than stated in the version of this Privacy Policy in effect at the time we collected the information, we will make reasonable efforts to provide notice and obtain consent to any such uses, before those changes become effective, as may be required by law.

 

Contact information for Privacy issues:

 

TUSHY Inc.

240 Kent Ave

Brooklyn, NY 11249

privacy@hellotushy.com




Do Not Sell My Personal Information

California’s California Consumer Privacy Act (“CCPA”) has redefined privacy in the U.S. and created many new rights for California consumers, including the right to opt of the “sale” of their personal information.

 At TUSHY, we value privacy and support laws that increase transparency and promote privacy. We want to emphasize that we do not monetize your information, and we do not “sell” information in the traditional sense. “Sale” is defined broadly in CCPA to include any transfer of personal information for “valuable consideration”, which also includes transfers that are not considered a “sale” in the traditional sense, such as certain types of advertising.

 

If you wish to opt out of these uses, please submit a request to privacy@hellotushy.com.

 

In the past 12 months, we have shared the following categories of information for a business purpose:

 

  • Name and Other Identifiers such as first and last name, alias or account name, email address, telephone number, postal address, and Internet Protocol address or other online unique identifier.
  • Purchase History and Preferences: Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies, including preferences indicated on our website or mobile application
  • Network Activity Information including information regarding a consumer’s interaction with our website, mobile application, or advertisements, such as browsing or search activity.
  • Geolocation Data.
  • Payment Information.
     

In the past 12 months, we have shared the following categories of information for valuable consideration:

 

  • Name and Other Identifiers such as first and last name, alias or account name, email address, telephone number, postal address, and Internet Protocol address or other online unique identifier.
  • Network Activity Information including information regarding a consumer’s interaction with our website, mobile application, or advertisements, such as browsing or search activity.
  • Geolocation Data.
     
If you have questions or want more information on the above, please contact us at privacy@hellotushy.com.


Do you have questions for the TUSHY team? You can check out our FAQs, email us at hello@hellotushy.com or just fill out the form below!