The Simmons Company Web Site Privacy Policy

Simmons respects your privacy and we are committed to protecting it, as we describe below. This Privacy Policy lets you know how your personally identifiable information that Simmons receives from the Simmons Company Web site, available at http://www.simmons.com ("Site"), is processed, disclosed and used. This Privacy Policy only governs the Site and does not govern other Simmons Web sites, such as the Web site available at http://www.simmonskids.com, among others, or to the off-line data collection, disclosure and usage practices of Simmons, such as regarding information Simmons receives from Simmons product retailers. This Privacy Policy is effective as of August 31, 2004.

Kids

If you are a child under the age of 13, please do not use the Site and do not submit information to the Site. Simmons has not designed the Site for use by children and Simmons' personal information practices described in this Privacy Policy are not designed for children.

Users outside the United States

Simmons makes the Site available for consumers located exclusively in the United States of America. Please do not use the Site if you are located outside the United States, as the Site's personal information practices and the terms of this Privacy Policy may or may not comply with foreign laws.

"When I visit your Site, what personally identifiable information do you gather about me, and with whom do you share it?"

One of the basic principles we've followed in designing this Site is that we ask for only the personally identifiable information we need to provide the service you've requested and to operate the Site. As a result, the answer to this question depends almost entirely on how you choose to make use of our Site. In order to fully utilize the Site, you will be required to register by providing certain nonpublic personally identifiable information, including without limitation your name, email address and zip code. Please note the Exceptions section below, which describes other circumstances in which we may use and/or disclose your personally identifiable information.

By way of example, you currently may provide information in the following circumstances:

Purchases of bedding accessories. Name, address, phone or e-mail, and credit card information are necessary for purchase and delivery.

Customer Service Inquiries. Name and email are necessary to provide this service, in addition to any other personal information you provide in your email to us so that our representatives can assist you.

Investor Relations. Your name and login information are simply used to make the Site functions available to you.

Information provided as answers to sleep quizzes on the Site is only used to provide the results of the quiz. This information is not tracked or kept.

Accessing your Personal Favorites. Your name and login information are used to enable you to save products of interest to you.

Newsletters and Promotions. You will need to register through the Site if you want to access newsletters or information on special promotions.

Email Notifications. You may request that information be sent via email to you or a friend. The email address you provide will be used to send the information to, and a confirmation email will be sent to your email address.

Personally identifiable information voluntarily provided in these circumstances is used and disclosed for the purpose of providing the requested service or information to our customer, for Simmons' internal business purposes and for promotions that Simmons offers to customers (which may involve disclosures to Simmons contractors). By opting-out of certain offerings on the Site, you may choose not to receive newsletters or other information regarding our product offerings that Simmons sends to customers from time to time. SIMMONS PROVIDES NO WARRANTIES OR ASSURANCES ABOUT SUCH SERVICES OR INFORMATION, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, AMONG OTHERS. Simmons does not warrant or guarantee the security of any information that is the subject of this Privacy Policy or any of Simmons' security practices regarding such information. Simmons makes efforts to prevent disclosure of information in these circumstances to anyone that is not directly involved in rendering the requested service or information. We do not otherwise presently sell or trade your information with other companies. We may share certain aggregated demographic information with our business partners regarding the users of the Site. We may change the features and information available via the Site from time to time without notice.

"What about feedback, comments, bulletin board submissions and similar information I provide through interactive portions of the Site?"

Certain portions of the Site may permit you to voluntarily provide feedback, comments or input such as tips, advice, product opinions and the like. These portions include bulletin boards, comment cards, Q&A pages, and the like. As part of this input you may be asked to provide your name, state or other personal information along with the other information. All of this information may be stored by us and posted on the Site to share the benefit of this information with other users. We may also use it for our other marketing and business activities. However, Simmons may choose not to use the information you submit. Also, we may edit your comments (including deleting sentences or words even if it may somewhat change the nature of your comments) for both format and content. You will not be notified if your information will or will not be used, or if your information is modified.

"What about information provided for consumer surveys and giveaways?"

When you use the information on your warranty card to fill out a consumer survey and enter a giveaway on http://www.prodregister.com/simmons/, you are providing information to a Web site owned and operated by Equifax, on behalf of Simmons ("Third Party"). Additionally, you may choose to enter contests or sweepstakes via the Site as offered from time to time. Simmons has the right to use and disclose the information that you submit to the Third Party or for other contests or giveaways you enter via the Site to inform you of special offers which may be forthcoming, and to send you coupons, and to tell you about Simmons products and services and those of Simmons affiliates that relate directly to your specific interests, hobbies or other information you have submitted. Simmons has the right to use the information you submit to the Third Party or to the Site in connection with other contests or giveaways for Simmons' internal business and marketing purposes. Simmons also has the right to disclose the contact information you submit (your name, address, phone number, and email address) to Simmons retailers who may then use and disclose such information in joint marketing efforts with Simmons. However, if you decline to receive coupons, mailings or other special offers by checking the applicable boxes at http://www.prodregister.com/simmons/, then Simmons will comply with your request, subject to the Exceptions section of this Privacy Policy.

Simmons will not otherwise share the information you submit to the Third Party with other parties, except as set forth in this Privacy Policy. Please note the Exceptions section below, which describes other circumstances in which we may use and disclose your information. Please also note that any information that you submit to the Third Party is governed by the Third Party's privacy policy that is set forth at the end of the survey set forth at http://www.prodregister.com/simmons/.

"How do you keep track of me as I move through the Site?"

When you visit the Site, your session, which means your visit to the Site, will be recorded through the use of cookies. A cookie is a small piece of information that is sent by a Web site computer to your computer's hard drive, where the information is stored for later use by the Web site. Cookies allow our Site to identify you as you travel from page to page within the Site, to maintain continuity between the pages. The cookie is no longer used by the Site after your visit to the Site ends. If you'd like, you can configure your Web browser to disable cookies, but doing so will impair your ability to fully use the Site. For example, if you disable cookies, you will not be able to take the sleep quiz on the Site, among other effects. We also monitor the total number of visitors to our Site, as well as which Site pages are most popular, although this information cannot be used to identify individuals and is therefore outside the scope of this Privacy Policy.

"What about email?"

We make an effort to read every message that comes to us. We also try to respond back within at least 24 hours of its receipt. We do not presently sell or give out e-mail addresses to anyone, except as set forth in the "Exceptions" section below. At Simmons, we save messages and/or e-mail addresses if we will need to refer to them later to communicate with you about a customer service issue or to send you information that you have indicated you would like to receive.

Exceptions

Simmons may also use and disclose information, such as personally identifiable information, among other types, submitted by you and/or collected by the Site or otherwise subject to this Privacy Policy, to the extent reasonably necessary for any one or more of the following purposes: (i) to correct technical problems and malfunctions in how we provide our Site to you and to technically process your information; (ii) to protect the security and integrity of the Site; (iii) to protect our rights and property and the rights and property of others; (iv) to take precautions against liability (including regarding product recalls and other safety issues, among other things); (v) to respond to claims that your information violates the rights or interests of third parties; (vi) to comply with applicable law; (vii) to respond to judicial process; and (viii) to the extent permitted under other provisions of law, to provide information to law enforcement agencies and for an investigation on a matter related to public safety, as applicable.

You understand and agree that technical processing of your information is and may be required (a) to send and receive messages regarding your use of the Site; (b) to conform to the technical requirements of connecting networks; (c) to conform to the limitations of our Site; and (d) to conform to other, similar technical requirements.

General Information

Third Parties

Other companies besides Simmons may operate or host the Site or the computers that operate the Site or provide services related to the information requests that you have submitted, on behalf of Simmons; if you'd like more information about those companies, you can contact us using the contact information provided below. Simmons may provide the information you disclose to third party services providers for purposes of providing the services or information requested by you or for emails or promotions that you did not opt-out of receiving.

Links to Other Web sites

This Site contains links to other Web sites ("Linked Sites"). You should carefully review any privacy policies on the Linked Sites; we are not responsible for the privacy practices or the content of the Linked Sites. Please also consider that Simmons has no control over and is not responsible for any other aspect of the Linked Sites. Simmons' reference to or use of a Linked Site does not imply Simmons' recommendation, approval, affiliation, or sponsorship of the Linked Site. You agree that Simmons shall not be responsible or have any liability, directly or indirectly, for any damage or loss arising out of or relating to your interactions with any Linked Site, including without limitation any content, property, goods or services available on any Linked Site.

Links To Third Party Sites Are Not Endorsements.

Simmons.com and Healthsmartbed.com contains links to third-party web sites. The linked sites are not under the control of Simmons, and Simmons is not responsible for the contents of any linked site. Simmons provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Simmons. Links to merchants or advertisers are owned and operated by independent retailers or service providers, and therefore, Simmons cannot ensure that you will be satisfied with their products, services or business practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties

Change in Control

If we experience a "change in control" (defined below), we may revise our information practices as described in this Privacy Policy regarding any information you have provided to us through the Site that is then in our control. These revisions could include additional uses or disclosures of your information, among other revisions.

"change in control" means any of the following events:

Revisions & Disclaimer

From time to time Simmons may change this Privacy Policy, and Simmons will notify you about such changes by displaying the revised Privacy Policy on the Site, but does not have any obligation to directly or otherwise notify you of such changes. In the event we change our Privacy Policy, such changes will affect all of the information we have previously collected from you, as well as the information we collect after any such change. If you object to the change to our Web Privacy Policy, then you must contact us in writing regarding your objection.

Storage of Information

Simmons may store information collected via the Site, including without limitation your personally identifiable information, indefinitely.

Updating your Information

You can change and modify the information you previously have provided to us by logging into the Site and following the instructions to update your information.

Contact Information

If you have any questions about this privacy policy, the practices of this Site, or your dealings with this Site, you can contact webmaster@simmons.com.

Version 3.3 (last modified August 04, 2005)