Personal data policy

Better Nights (part of Bedre Nætter ApS) respects your privacy and we protect your personal data. This Privacy Policy aims to inform you about how Bedre Nætter ApS ("Better Nights"), "us", "our", "we") collects and processes your personal data when you purchase our products and services, make use of our services, visit our website, and communicate or otherwise interact with us, and will inform you about your rights.

We only process your personal data in accordance with this Privacy Policy and applicable legislation to which we are subject, including the General Data Protection Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as “GDPR”).

Our Privacy Policy is divided into topics. You can access the individual topics below by clicking on them, or by simply scrolling further.


WHO IS THE DATA CONTROLLER?WHAT INFORMATION DO WE COLLECT AND HOW?PURPOSES OF PROCESSING AND LEGAL BASISRECIPIENTS OF PERSONAL DATATRANSFER TO THIRD COUNTRIESHOW LONG DO WE KEEP PERSONAL DATAHOW TO EXERCISE YOUR RIGHTSCHANGES TO THIS PRIVACY POLICY

1. Who is the data controller?

The data controller for the activities described in this Privacy Policy is:

Better Nights - part of Bedre Nætter ApS
Søren Frichs vej 34B
8230 Åbyhøj

CVR nr. 34613931

If you have any questions about the Privacy Policy, please feel free to contact us by email: [email protected]

If you visit our sites, communicate or otherwise interact with us on social media, such as Facebook and Instagram or other platforms, we encourage you to read the specific Privacy Policies that apply to and can be accessed on these media and platforms. You should be aware that we may have joint data responsibility with the provider of the social media in question.

2. What data do we collect and how?

Below we have stated what types of personal data we may collect about you and how we collect it. In section 3, we inform you about the purposes and legal basis for which we process your personal data.

We may collect, process, store and disclose various types of personal data about you. We have grouped them and listed examples as follows:

  1. Contact information includes your name and email.

  1. Purchase information includes (delivery) address, telephone number, order number, as well as which products you have purchased and information about payments to and from you.

  1. Return information includes the reason for return, e.g. wrong size (can also be elaborated with free text), product condition, desired return solution (exchange, gift card or refund), transportation and any comments in the free text field.

  1. Exchange information includes your weight, how long you have had the bed, your typical sleeping position, your gender, number of mattresses to be exchanged, current mattress firmness, desired new mattress firmness, transportation, and any comments in the free text field.

  1. Customer service includes the questions and information you provide yourself when you use our chat, send us an email, use our business customer contact form or call us. If you complete a purchase, your Contact and Purchase Information will be saved. If you have questions about a specific purchase, this will be recorded on your order.

  1. My Account includes Contact Information, Purchase Information, Return and Exchange Information as mentioned above, as well as your wish list, warranty certificates and manuals and guides.

  1. Technical data includes your IP address, session ID, time, browser type and version, time zone and location, language, currency, your login details (if logged in) and which platform you came from and search history. If you have called us, this includes the time and duration of the call.

  1. Usage data includes information about how you use and interact with our website and social media platforms such as Facebook, Instagram, etc.

  1. Marketing and communications data includes your preferences for receiving marketing from us and our partners, as well as your preferred means of communication.

In most cases, we receive the information from you when you visit our website or interact with us on social media, purchase our products and services, become a member of our customer club, request to receive marketing from us, or otherwise communicate with us. If you have applied for an instalment payment scheme, we may receive information from our financial partner with whom you enter into the instalment payment agreement.

When you use our website and platforms, we may automatically collect Technical Data and Usage Data. We collect this data using cookies and similar technologies. We may also receive Technical Data about you if you visit other websites or social media that use our cookies. We only use cookies – other than technically necessary cookies – if you have given your consent. You can get further information in our Cookie policy.

3. Processing purposes and legal basis

We only process your personal data when permitted by law. Most often, we will process your personal data in the following cases:

  1. If it is necessary for the fulfilment of an agreement we are entering into or have entered into with you, including handling the purchase, delivery, complaints, exchanges, etc. cf. GDPR Art. 6(1) (b).

  1. If it is necessary for compliance with a legal obligation, e.g. as a result of the requirements of the Accounting Act, cf. GDPR Art. 6(1) (c).

  1. If you have given your consent, cf. GDPR Art. 6(1) (a).

  1. If it is necessary to safeguard our (or a third party's) legitimate interests, e.g. in connection with marketing, to be able to communicate with you, technical maintenance and user optimization of our website and products, and our legitimate interest in being able to establish, defend or assert a legal claim, and your interests and fundamental rights do not take precedence over this, cf. GDPR Art. 6(1) (f).

Click here if you want to see a detailed overview of which of your personal data we process to achieve the different purposes, as well as the legal basis on which we base the processing. We have also stated what our legitimate interests are, where relevant, and made relevant balances of interests. Contact us at [email protected] if you would like to receive more information about our balancing of interests.

We do not process sensitive information about you, as defined in GDPR Art. 9.

4. Recipients of personal data

We may also disclose your personal data to third parties:

  • When necessary to fulfill the purposes listed in section 3.
  • When we are required or entitled by law to disclose your personal data to public authorities as tax authorities and law enforcement agencies.
  • When it is necessary for our suppliers to manufacture products you have ordered for home delivery.
  • If you make a purchase on our website, your payment may be processed by a payment service provider that acts as an independent data controller.
  • If you have a part-payment arrangement, we may transfer our right to receive payment to, and share relevant information with, financing partners who finance your purchase and manage your payments.
  • Our website may place cookies on your device, collect data and share it with third parties. We encourage you to review our Cookie Policy and Cookie Settings available on the website for more information about these third parties and the purposes for which data is collected. We only use cookies – other than technically necessary cookies – if you have given your consent.
  • We may transfer your personal data to any person or legal entity that acquires all or part of our business, or with which we merge.
  • When we believe that disclosure is necessary to establish, exercise or defend legal claims, protect your safety or that of others, investigate fraud or respond to requests from public authorities.

We entrust personal data to our trusted suppliers who provide certain services to us and process your personal data on our behalf and are subject to our instructions, e.g. hosting of data, maintenance of IT systems, administration of sales on our website, communication, marketing, administration of our interests on social media platforms, customer support and service, payment handling, delivery of products to you, analytics and other services. These suppliers may have access to your personal data for the purpose of providing the agreed services to us. We do not allow our suppliers to process personal data that we share with them for purposes other than providing the agreed services to us. We have entered into data processing agreements with suppliers who process personal data.

5. Transfers to third countries

We do not transfer your personal data to recipients outside the EU or EEA unless we have ensured compliance with GDPR, Chapter V.

Some of our suppliers are established outside the EEA, including in the USA, so their processing of your personal data will involve a transfer of data outside the EEA. To ensure that your personal data enjoys adequate protection, we have ensured that safeguards have been implemented to enable the transfer, including where the EU Commission has determined that the third country in question has an adequate level of protection; or by using EU Commission approved Standard Contractual Clauses (“SCCs”), which provide personal data with substantially equivalent protection as in Europe.

If you would like further information about our data processors established outside the EEA and the security measures in place to enable the transfer of personal data, you can send your request to us at [email protected].

6. How long do we store personal data?

We retain the personal data we collect for as long as we have a legitimate purpose for retaining it. When we no longer have a legitimate purpose and need to process your personal data, we will delete it.

Contact, Purchase, Return and Exchange information is stored to document purchases you have made and agreements we have entered into, and for accounting and tax obligations, for 5 full financial years, after the end of the year to which the purchase or agreement relates, or the later date when the purchase price was paid in full.

Warranty

Other data such as name, address, email, telephone number, order confirmation, posting date, due date, voucher date and product number are stored for up to 10 years to ensure that the customer's order confirmation is valid and can address the customer's needs in a possible warranty case.

Information associated with "My Account" is stored (until you delete the account or have been inactive for 5 years). If you choose to delete it, your login access will be deleted. However, you should be aware that we may be required to retain certain data for up to 5 years from the end of the financial year, as described above.

Usage data, Marketing and Communication data, which is used to prepare marketing, is stored for up to 2 years. If you have given your consent to receive marketing, we will keep evidence of this until 2 years after the last time we used your consent to send marketing. If you withdraw your consent, we will immediately stop sending you marketing.

Technical data is stored for 13 months from the time of collection.

Information may be stored for a longer period if we are required to do so by law or if storage is necessary for the establishment, exercise or defence of legal claims.

7. How to exercise your rights

You have certain rights when it comes to the processing of your personal data. Below is an overview of your rights, how to exercise them, and any limitations that apply.

 

Under certain circumstances, you have the right to:

  • Request access to your personal data. This allows you to receive a copy of the personal data we have registered about you and ensure that we process it lawfully.
  • Request correction of personal data that we have registered about you. This gives you the opportunity to have incomplete or incorrect information about you corrected.
  • Request to have your personal data deleted. This allows you to request us to delete or remove personal data if there is no sufficient legal basis to continue processing. Please note that we are prohibited by law from deleting entries in medical records.
  • Object to processing of your personal data that we carry out based on our legitimate interests (or the interests of a third party), on grounds relating to your particular situation which give rise to the objection. You also have the right to object at any time to our processing of your personal data for direct marketing purposes.
  • Request restriction in the processing of your personal data. This allows you to request us to limit the processing of your personal data to storing it only, for example if you want us to prove its accuracy or our purpose for processing it.
  • Request the transfer of your personal data to another data controller (also known as data portability).
  • If our processing is based solely on your consent, you have the right to withdraw your consent at any time. Withdrawal of consent does not affect the lawfulness of processing based on consent before it was withdrawn.

If you wish to exercise one or more of your rights, please contact us at [email protected]. We will process your request in accordance with applicable data protection legislation.

You have the right to complain to your local supervisory authority if you are dissatisfied with the way we process your personal data. In the EU, you can lodge a complaint with the relevant Data Protection Authority in your country – you can see more here: How to complain

8. Changes to this Privacy Policy

This Privacy Policy is updated from time to time to reflect the legal requirements and our processing of personal data at any given time. We encourage you to visit our website regularly, where updated information about our processing of personal data is always available.

Last updated: 01 February 2022