Legal · Virginia

Virginia
privacy notice.

Your rights under the Virginia Consumer Data Protection Act (VCDPA).

Last Updated: June 12, 2026

This Virginia Privacy Notice supplements Navien OptiSleep’s Privacy Policy and applies solely to residents of the Commonwealth of Virginia. Navien OptiSleep (“we,” “us,” or “our”) complies with the Virginia Consumer Data Protection Act (“VCDPA”).

I. Personal Data We Collect

Depending on how you interact with Navien OptiSleep, we may collect the following categories of personal data:

  • Identifiers (such as name, email address, phone number, and device identifiers)
  • Commercial information (including purchases and order history)
  • Internet and application activity (including browsing behavior, website interactions, and application usage)
  • Precise geolocation data (GPS latitude and longitude, when required for application functionality)
  • Sensitive personal data collected through optional application features, including sleep-related information and audio-derived signals (such as breathing sound data), when expressly enabled by the user
  • Inferences derived from personal data (such as preferences, usage patterns, or behavioral insights)

Sensitive personal data is collected only with the consumer’s affirmative consent.

II. Sources of Personal Data

We collect personal data from the following sources:

  • Directly from you (e.g., checkout forms and application inputs, customer service interactions)
  • Indirectly through cookies and similar technologies
  • Third-party vendors (such as payment processors and shipping providers)
  • Mobile applications and connected product features (e.g., device identifiers and push notification tokens)
  • Optional application features expressly enabled by the user
  • Analytics and attribution tools, advertising technologies, affiliate and referral tracking systems, and consent management platforms

III. Business Purposes for Processing

We process personal data for the following purposes:

  • E-commerce processing and payment fulfillment
  • Shipping and delivery of products
  • Customer service, returns, and warranty support
  • Marketing and promotional communications (where permitted by law)
  • Fraud prevention and security monitoring
  • Providing optional sleep-related analysis and automated comfort features
  • Operating, maintaining, and improving application features and services
  • Internal analytics and product development based on aggregated data
  • Legal and regulatory compliance

IV. Third Parties With Whom We Share Personal Data

We may share personal data with the following categories of third parties:

  • Payment processors
  • Shipping and logistics providers
  • Hosting, infrastructure, and cloud service providers
  • Marketing, advertising, analytics, attribution, and communications service providers
  • Affiliate and referral tracking providers
  • Customer feedback and review platforms
  • Service providers supporting optional application features, acting solely on our behalf

Navien OptiSleep does not sell personal data in exchange for monetary compensation. However, we may process personal data for targeted advertising purposes as described below.

V. Targeted Advertising and Opt-Out Rights

We may process personal data (such as identifiers, device information, and Internet activity) for targeted advertising purposes.

You have the right to opt out of the processing of your personal data for:

  • Targeted advertising
  • The sale of personal data
  • Profiling in furtherance of decisions that produce legal or similarly significant effects

You may exercise these rights by:

  • Using our consent management tool available on the website, or
  • Submitting a request using the contact methods provided below

VI. Sensitive Data Processing

We process sensitive personal data, including precise geolocation and sleep-related information, only with the consumer’s affirmative consent.

  • Precise geolocation data is used to determine time zone and enable scheduled application operations
  • Sleep-related information and audio-derived signals are used solely to provide optional functionality and improve product features

Sensitive personal data is not used for targeted advertising.

Consumers may withdraw consent at any time through application settings or by contacting us. Withdrawal of consent will not affect core product functionality.

VII. Data Retention

We retain personal data only for as long as reasonably necessary for the purposes described in this Notice, including:

  • Order records, as required for warranty, accounting, and tax compliance
  • Customer service records for a limited period following resolution
  • Data required for legal obligations, disputes, or enforcement

Personal data collected through optional features is retained until service termination or withdrawal of consent, unless a longer retention period is required or permitted by law.

VIII. Your Rights Under the VCDPA

Virginia residents have the right to:

  • Confirm whether we process personal data
  • Access personal data
  • Correct inaccuracies in personal data
  • Delete personal data
  • Obtain a copy of personal data in a portable format
  • Opt out of targeted advertising, the sale of personal data, or certain profiling
  • Not be discriminated against for exercising privacy rights
  • Appeal our decision regarding a privacy request

IX. Submitting a Request or Appeal

Submit Requests:

Verification
We may request information such as your name, email, physical address, and Virginia residency to verify your identity.

Response Time
We will respond within 45 days, with one 45-day extension where permitted by law.

Appeals
If we decline to act on your request, you may appeal by contacting us at optisleep@navien.com. We will respond to appeals within 60 days as required by law.