| Sunlighten

Effective as of February 24, 2021

Last Updated March 11, 2024

Introduction

Sunlighten, Inc. (“Sunlighten,” “we,” “our,” or “us”) respects the privacy of your information. This Privacy Policy is designed to assist you in understanding how we collect, use, and safeguard your information. This Privacy Policy applies to individuals who access this website and our applications (collectively, “Site”) and any of our online and where required, offline services (the “Services”).

From time to time, we may change this Privacy Policy. If we do, we will post an amended version on this webpage. If we make material changes to our Privacy Policy, we may also notify you by other means, such as sending an email or posting a notice on our home page. If required by applicable data protection laws, we will obtain your consent to any material changes. Please review this Privacy Policy periodically.

Please also refer to our Terms of Use regarding the proper usage of the Site and Services.

This Privacy Policy covers the following topics:

1. What is Sunlighten?

Sunlighten was founded as a result of a personal healing experience with infrared therapy. For more than a decade, founder Jason Lincoln Jeffers suffered from chronic illness and relied on traditional medicine to manage his condition. It was only when he discovered infrared saunas that he truly began to heal. Jason founded Sunlight Saunas (now Sunlighten) in 1999 to make more people aware of the remarkable healing power of infrared that he personally experienced. Today the company continues to innovate even greater technologies with the goal of bringing products that empower wellness into homes and businesses around the world.

Sunlighten’s offices are located at 7373 W. 107th Street Overland Park, Kansas 66212. Sunlighten is the data controller of all personal data collected from residents of the European Economic Area or the United Kingdom.

2. Personal Data We Collect

We collect personal data from you through your use of the Site and Services. Personal data is information that is linked or reasonably linkable to an identified or identifiable individual. We collect the following types of personal data:

Personal Data You Provide

Depending on how you interact with our Site and Services, we will collect the following personal data that you voluntarily provide to us for the following purposes:

Create a Profile. To create a profile, you will provide us with your name, phone number, email address, and you will create a password for future logins. You may also choose to upload a photograph, provide your date of birth, height, weight, and wellness preferences including health goals.
Purchase a Product Online. When you purchase a product on the Site with us, you will provide us with your name, country/region, physical address, town/city, state, zip code, phone number, email address, and credit card information. We use Shop Pay to process payments and Wells Fargo to provide financing services. Please review Shop Pay’s privacy policy here and Wells Fargo privacy policy here.
Get Pricing. When you request pricing on a Sunlighten product, you will provide us with your name, phone number, email address, country of residence, and intended use of the product.
Get the Infrared Sauna Buyer’s Guide. When you request an Infrared Sauna Buyer’s Guide, you will provide us with your name and email address.
Get a Custom Sauna Quote. When you request a quote for a custom sauna through our web form or by telephone, you will provide us with your name, phone number, email address, intended use of the product, and interior room dimensions, including room depth, height, and width, ceiling height, and door width. You may also provide us with the location of the project, including the state/province/region, city, and zip/postal code.
Live Chat. If you use our chat feature, you will provide your name, email address, and any information you choose to provide in your message. Our chat feature is provided by LiveChat. LiveChat may collect, record, and store the information you provide in the chat. Please review LiveChat’s privacy policy here.
Apply for Financing. We use Wells Fargo to approve and issue credit cards with a line of credit to our customers for sauna purchases in the United States. We use Novuna to approve and issue credit cards with a line of credit to our customers for sauna purchases in the United Kingdom. To apply for financing, you will provide Wells Fargo or Novuna with your name, Social Security number, email address, birth date, physical address, phone number, and net annual income. Wells Fargo's privacy policy is available here and Novuna’s privacy policy is available here. If we assist you in completing the application over the phone we will maintain a recording of the conversation.
Financing for Online Products. We use Wells Fargo to offer monthly financing to our customers that purchase products directly from the Site. To apply for financing, you may provide Wells Fargo with your name and email address, among other things. Wells Fargo’s privacy policy is available here.
Request Product Support. When you contact us for product support by web form, you will provide us with your name, sauna model, description of the issue, phone number, email address, and you may provide a photograph of the sauna issue. When you contact us by telephone, you may need to provide us with your first and last name, email address, phone number, and sauna model.
Marketing Portal. To access our marketing materials, you will provide us with your name and email address. You may also provide us with your company name and any other information you choose to provide us with.
Join Our Referral or Partner Program. To join our referral or partner program, you will provide us with your name, company name (as applicable), email address, phone number, country, how you would like to work with us, sauna information, and any other information you choose to provide.
Share Your Story. To share your story, you will provide us with your name, email address, and any other information you choose to provide.
Apply for a Job. To apply for a job, you will provide us with your name, email address, phone number, physical address, education information, immigration status, and any other information you choose to provide in a resume or cover letter. We use Workable to process job applications. Workable’s privacy policy is available here.
Subscribe to Our Mailing List. To subscribe to our mailing list, you will provide us with your name and email address.
Schedule a Call. When you schedule a call with us, you will provide us with your name and email address.
Contact Commercial Team. When you contact a member of the commercial team, you will provide us with your name, phone number, email address, facility type, purchase timeline, whether you are a United States resident, and how you heard about us.
Contact Us. When you contact us by telephone or email, you may need to provide us with your name, email address, and phone number.
SMS (Short Message Service) messages sent via cell phone, or through email and other communications.

Personal Data as You Navigate Our Site

We automatically collect certain personal data through your use of our Site and our use of cookies and other tracking technologies, such as the following:

Usage Information. We collect information such as which of the pages on the Site you access, the frequency of access, and what you click on while on the Site.
Device Information. We collect information about the device you are using, such as hardware model, operating system, application version number, and browser.
Mobile Device Information. In addition to the Device Information listed above, when you access our Site via a browser on your mobile device, we collect and aggregate information about whether you are accessing the Site via a mobile device or tablet, device type, and carrier.
Location Information. We collect location information from Site visitors on a city-regional basis.

To learn more about how we use cookies and to manage your cookie settings, please see our Cookie Policy.

Personal Data We Collect About You from Other Sources

In some cases, we may receive certain personal data about you from other sources. This includes data analytics providers and social networks.

3. How We Use Your Personal Data

In addition to the purposes stated above, we may use all the personal data we collect in accordance with applicable law such as to:

Maintain and improve our Site and Services;
Protect the security and integrity of our Site and Services;
Investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of our Terms of Use, and to otherwise fulfill our legal obligations;
Monitor compliance with and enforce this Privacy Policy and any applicable agreements and policies;
Defend our legal rights and the rights of others;
Fulfill any other purposes for which you provide it;
For any purpose that is reasonably necessary to or compatible with the original purpose for which we collected the personal data as disclosed to you; and
Comply with applicable law.

4. How We Share Your Personal Data

We may share the personal data that we collect about you in the following ways:

With vendors who perform data services on our behalf (e.g., email, hosting, maintenance, backup, analysis, etc.);
To vendors to prepare, deploy and analyze advertising content;
To the extent that we are required to do so by law;
In connection with any legal proceedings or prospective legal proceedings;
To establish, exercise, or defend our legal rights, including providing information to others for the purposes of fraud prevention;
With any person who we reasonably believe may apply to a court or other competent authority for disclosure of that Personal Data where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal data;
With any other person or entity as part of any business or asset sale, equity transaction, merger, acquisition, bankruptcy, liquidation, or similar proceeding, or in preparation for these events;
With any other person or entity where you consent to the disclosure; and
For any other purpose disclosed by us when you provide the personal data or for any other purpose we deem necessary, including to protect the health or safety of others.
Sunlighten does not share the SMS opt-in consent to any 3rd party organization

5. International Data Transfers

We operate internationally and transfer information to the United States for the purposes described in this policy. The United States may have privacy and data protection laws that differ from, and are potentially less protective than, the laws of your country. Your Personal Data can be subject to access requests from governments, courts, or law enforcement in the United States according to the laws of the United States.

For any transfers of Personal Data from the European Economic Area, Switzerland or the United Kingdom that we make to other entities as described in this Privacy Policy, we use appropriate safeguards to ensure for the lawful processing and transfer of the Personal Data, including, when appropriate, the use of standard contractual clauses approved by the European Commission. To obtain a copy of the safeguards, contact us at privacy@sunlighten.com.

6. Opt-Out Preference Signals

The Site recognizes the Global Privacy Control (“GPC”) signal. If you are using a browser setting or a plug-in that sends an opt-out preference signal to each website you visit, we will treat that as a valid request to opt out. To download and use a browser supporting the GPC browser signal, click here: https://globalprivacycontrol.org/orgs. If you choose to use the GPC signal, you will need to turn it on for each supported browser or browser extension you use.

Some internet browsers incorporate a “Do Not Track” feature that signals to websites you visit that you do not want to have your online activity tracked. Given that there is not a uniform way that browsers communicate the “Do Not Track” signal, the Site does not currently interpret, respond to or alter its practices when it receives “Do Not Track” signals.

7. Advertising and Marketing Choices

Depending on your location (and reflecting applicable law), you may have been asked to indicate your preferences, provide us with your consent regarding the receipt of such information from us, and indicate how you would like to receive it.

Wherever you are located, we will send you marketing communications based on any preferences you may have expressed.

We only want to send you information in which you are interested. If you do not want to receive these communications or would like to understand more about other unsubscribe options, please contact us as set out in the “How to Contact Us” section below.

For email communications, you can opt out and/or manage your preferences by clicking on the unsubscribe link provided at the bottom of any email you receive from us. You also may submit a request to us at privacy@sunlighten.com. If we call you with information you do not want to receive, you can advise us of this during the telephone call.

8. Third-Party Links

The Site may contain links that will let you leave the Site and Services and access another website. Linked websites are not under our control. We accept no responsibility or liability for these other websites.

9. Security

We maintain commercially reasonable security measures to protect the personal data we collect and store from loss, misuse, destruction, or unauthorized access. However, no security measure or modality of data transmission over the Internet is 100% secure. Although we strive to use commercially acceptable means to protect your personal data, we cannot guarantee absolute security.

10. Children’s Privacy

The Site and Services are not intended for children under 16 years of age. We do not knowingly collect, use, or disclose personal information from children under 16.

11. Notice to Europe and the United Kingdom Residents

If you are in a country in the European Economic Area (EEA) or in the United Kingdom, you are entitled to the following explanation of the legal bases we rely on to process your personal data and a description of your privacy rights.

Legal Bases for Processing Your Personal Data

The legal basis for collecting and using the personal data described above will depend on the personal data concerned and the specific context in which we collect it.

Consent

We may process your personal data based on your consent such as when you create an account or when you ask us to send certain kinds of marketing communications. You have the right to withdraw your consent at any time without affecting the lawfulness of the processing based on consent before its withdrawal.

Our Legitimate Interests

We may process your personal data if doing so is necessary for our legitimate interests and your rights as an individual do not override those legitimate interests. For example, when we process your personal data to carry out fraud prevention activities and activities to increase network and information security, to market directly to you, to expand our business activities, and to improve our services and the content and functionality of our Site.

To Perform a Contract

We may process your personal data to administer and fulfill contractual obligations to you.

To Enable Us to Comply with a Legal Obligation

We may process your personal data to comply with legal obligations to which we are subject. This may include any requirement to produce audited accounts and to comply with legal process.

Necessary for the Exercise or Defense of Legal Claims

If you bring a claim against us or we bring a claim against you, we may process your personal data in relation to that claim.

If you have any questions about or need further information concerning the legal basis on which we collect and use your personal data for any specific processing activity, please contact us using the “How to Contact Us” section below.

Your Rights

Access Your Personal Data

You have the right to obtain from us confirmation as to whether or not we are processing personal data about you and, if so, the right to be provided with the information contained in this Privacy Policy. You also have the right to receive a copy of the personal data undergoing processing.

Rectify Your Personal Data

You have the right to ask us to rectify any inaccurate personal data about you and to have incomplete personal data completed.

Restrict Our Use of Your Personal Data

You have the right to ask us to place a restriction on our use of your personal data if one of the following applies to you:

You contest the accuracy of the information that we hold about you, while we verify its accuracy;
We have used your information unlawfully, but you request us to restrict its use instead of erasing it;
We no longer need the information for the purpose for which we collected it, but you need it to deal with a legal claim; or
You have objected to us using your information, while we check whether our legitimate grounds override your right to object.

Object to Our Use of Your Personal Data

You have the right to object to our use of your personal data where our reason for using it is based on our legitimate interests or your consent (rather than when the reason for using it is to perform an obligation due to you under a contract with us).

Delete Your Personal Data

You can ask us to delete your personal data if:

We no longer need it for the purposes for which we collected it;
We have been using it with no valid legal basis;
We are obligated to erase it to comply with a legal obligation to which we are subject;
We need your consent to use the information and you withdraw consent;
You object to us processing your personal data where our legal basis for doing so is our legitimate interests and there are no overriding legitimate grounds for the processing.

However, this right is not absolute. Even if you make a request for deletion, we may need to retain certain information for legal or administrative purposes, such as record keeping, maintenance of opt-out requirements, defending or making legal claims, or detecting fraudulent activities. We will retain information in accordance with the “How Long Is Your Personal Data Kept” section below.

If you do exercise a valid right to have your personal data deleted, please keep in mind that deletion by third parties to whom the information has been provided might not be immediate and that the deleted information may persist in backup copies for a reasonable period (but will not be available to others).

Transfer Your Personal Data to Another Service Provider

You may request that we transfer some of the personal data you have provided to you or another service provider in electronic copy. This applies to personal data we are processing to service a contract with you and to personal data we are processing based on your consent.

To exercise any of these rights, please contact us as described in the “How to Contact Us” section below.

Make a Complaint

If you have any concerns or complaints regarding our processing of your personal data, please contact us as described in the “How to Contact Us” section below and we will do our best to answer any question and resolve any complaint to your satisfaction.

If, for whatever reason, you feel we do not meet the standards you expect of us, you are also entitled to make a complaint to your local supervisory authority:

EU Data Protection Authorities (DPAs)

Swiss Federal Data Protection and Information Commissioner (FDPIC)

Information Commissioner’s Office (United Kingdom)

How Long Is Your Personal Data Kept?

We will retain your personal data for as long as necessary to fulfill the purposes for which we collect it and as set out in this Privacy Policy and for the purpose of satisfying any legal, accounting, or reporting requirements that apply to us.

12. Notice to Nevada Residents

Nevada law allows Nevada residents to opt out of the sale of certain types of personal information. Subject to several exceptions, Nevada law defines “sale” to mean the exchange of certain types of personal information for monetary consideration to another person. We do not currently sell personal information as defined in the Nevada law. However, if you are a Nevada resident, you still may submit a verified request to opt out of sales and we will record your instructions and incorporate them in the future if our policy changes. You may send opt-out requests to privacy@sunlighten.com.

13. Notice to California Residents

The California Consumer Privacy Act, as amended by the California Privacy Rights Act of 2020 (CCPA), requires that we provide California residents with a privacy policy that contains a comprehensive description of our online and offline practices regarding the collection, use, disclosure, and sale of personal information and of the rights of California residents regarding their personal information. This section of the Privacy Policy is intended solely for, and is applicable only as to, California residents. If you are not a California resident, this does not apply to you and you should not rely on it.

The CCPA defines “personal information” to mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. Personal information does not include publicly available, deidentified or aggregated information. For purposes of this “Notice to California Residents” section we will refer to this information as “Personal Information.”

Notice at Collection of Personal Information

We currently collect and in the 12 months prior to the Last Updated date of this Privacy Policy, have collected the following categories of Personal Information:

Identifiers (name, postal address, internet protocol address, email address, account name, Social Security number)
Unique personal identifiers (device identifier; cookies, pixel tags, mobile ad identifiers, or other similar technology; telephone numbers, or other forms of persistent or probabilistic identifiers that can be used to identify a particular consumer or device)
Personal information described in California’s Customer Records statute (California Civil Code § 1798.80(e)) (telephone number, credit card number, debit card number, as well as the other categories listed in “Identifiers” category above)
Characteristics of protected classifications under California or federal law (age (40 and older))
Commercial information (records of products or services purchased, obtained or considered; other purchasing or consuming histories or tendencies)
Internet or other electronic network activity information (browsing history; search history; and information regarding consumer’s interaction with the Site)
Geolocation data

We collect Personal Information directly from California residents and from data analytics providers and social networks.

In addition to the purposes stated above in the section “How We Use Your Personal Data” we currently collect and have collected the above categories of Personal Information for the following business or commercial purposes:

Helping to ensure security and integrity to the extent the use of your Personal Information is reasonably necessary and proportionate for these purpose
Debugging to identify and repair errors that impair existing intended functionality
Short-term, transient use, including, but not limited to, non personalized advertising shown as part of your current interaction with us, provided that your Personal Information is not disclosed to another third party and is not used to build a profile about you or otherwise alter your experience outside the current interaction with us
Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, or providing similar services on behalf of the business
Undertaking internal research for technological development and demonstration
Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business
Advancing our commercial or economic interests

Notice of Financial Incentive

From time to time, you may have the opportunity to provide Personal Information in exchange for discounts and price differences. For example, when you sign up for Sunlighten's Referral Program, we may provide discounts in exchange for you signing up. Categories of Personal Information that we may collection when you sign up to receive discounts and price differences include your name and email address.

Sale, Sharing, and Disclosure of Personal Information

The following table identifies the categories of Personal Information that we sold or shared to third parties in the 12 months preceding the Last Updated date of this Privacy Policy and, for each category, the categories of third parties to whom we sold or shared Personal Information:

Category of Personal Information	Categories of Third Parties
Unique personal identifiers (device identifier; cookies, pixel tags, mobile ad identifiers, or other similar technology; telephone numbers, or other forms of persistent or probabilistic identifiers that can be used to identify a particular consumer or device)	Advertising networks; data analytics providers

We sold or shared Personal Information to third parties to advance our commercial and economic interests.

The following table identifies the categories of Personal Information that we disclosed for a business purpose in the 12 months preceding the Last Updated date of this Privacy Policy and, for each category, the categories of recipients to whom we disclosed Personal Information:

Category of Personal Information

Categories of Recipients

Identifiers (name, postal address, internet protocol address, email address)

Financial institutions (Wells Fargo); payment processors; dealers; cloud storage providers; shipping providers

Personal information described in California’s Customer Records statute (California Civil Code § 1798.80(e)) (credit card number, debit card number)

Payment processors

We disclosed Personal Information for the following business or commercial purposes:

Helping to ensure security and integrity to the extent the use of your Personal Information is reasonably necessary and proportionate for these purpose
Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, or providing similar services on behalf of the business
Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business
Advancing our commercial or economic interests

We do not collect, sell, or share the Personal Information of consumers under 16 years of age. We do not use sensitive Personal Information for purposes other than those allowed by the CCPA and its regulations.

Retention of Personal Information

We retain your Personal Information for as long as necessary to fulfill the purposes for which we collect it, such as to provide you with the service you have requested, and for the purpose of satisfying any legal, accounting, contractual, or reporting requirements that apply to us.

Your Rights

If you are a California resident, you have the following rights with respect to your Personal Information:

The right to know what Personal Information we have collected about you, including the categories of Personal Information, the categories of sources from which we collected Personal Information, the business or commercial purpose for collecting, selling, or sharing Personal Information (if applicable), the categories of third parties to whom we disclose Personal Information (if applicable), and the specific pieces of Personal Information we collected about you;
The right to delete Personal Information that we collected from you, subject to certain exceptions;
The right to correct inaccurate Personal Information that we maintain about you;
If we sell or share Personal Information, the right to opt out of the sale or sharing;
If we use or disclose sensitive Personal Information for purposes other than those allowed by the CCPA and its regulations, the right to limit our use or disclosure; and
The right not to receive discriminatory treatment by us for the exercise of privacy rights the CCPA confers.

How to Submit a Request to Know, Delete, and/or Correct

You may submit a request to know, delete, and/or correct through our webform available here, by emailing us at privacy@sunlighten.com, or by calling us at 1-888-200-4154.

If you are submitting a request on behalf of a California resident, please submit the request through one of the designated methods discussed above. After submitting the request, we will require additional information to verify your authority to act on behalf of the California resident.

Our Process for Verifying a Request to Know, Delete, and/or Correct

We will comply with your request upon verification of your identity and, to the extent applicable, the identity of the California resident on whose behalf you are making such request.

We will verify your identity either to a “reasonable degree of certainty” or a “reasonably high degree of certainty” depending on the sensitivity of the Personal Information and the risk of harm to you by unauthorized disclosure, deletion, or correction as applicable. To do so, we will ask you to verify data points based on information we have in our records concerning you.

Right to Opt-Out of Sale of Personal Information

If you are a California resident, you have the right to direct businesses to stop selling or sharing your Personal Information.

You may submit a request to opt out of sales or sharing available by clicking here. If you have enabled privacy controls on your browser (such as a plugin), we will also treat that as a valid request to opt out. Please see the “Universal Opt-Out Mechanisms” section above for more information.

Notice of Financial Incentive

From time to time, you may have the opportunity to provide Personal Information in exchange for discounts and price differences. For example, we provide discounts and price differences in exchange for you subscribing to our mailing list, joining our referral program, or joining our partner program. Categories of Personal Information that we may collect when you subscribe to receive discounts and price differences include your name and email address, and may include your phone number, country, company name, and sauna information.

How to Opt-In and Right to Withdraw

Signing up for discounts and price differences is optional. By providing your Personal Information during the sign-up process, you affirmatively opt in to receiving the financial incentive and to joining our mailing list, referral program, and/or partner program. You have the right to withdraw from the financial incentive at any time. If you opt out of receiving a financial incentive, we will not reduce the value of any financial incentives you previously received from us. If you wish to withdraw from receiving the financial incentive, you may submit such a request at any time by emailing us at privacy@sunlighten.com.

How the Financial Incentive is Reasonably Related to the Value of Your Personal Information

The financial incentive or price difference is reasonably related to the value provided by your Personal Information. We take into consideration, without limitation, the anticipated revenue generated from such information, the anticipated expenses which we might incur in the collection, storage, and use of such information, and the anticipated expenses which we might incur related to the offer, provision, and imposition of any financial incentive or price difference. Based on this analysis, the value of your Personal Information that allows us to make these offers and financial incentives is the value of the offer itself.

Shine the Light Law

We do not disclose personal information obtained through our Site or Services to third parties for their direct marketing purposes. Accordingly, we have no obligations under California Civil Code § 1798.83.

14. Your Choices and Rights – Rest of the World

Depending on the jurisdiction in which you are located, you may have certain rights with respect to your Personal Data. For example, you may have the following rights:

Right to access your Personal Data;
Right to receive a copy of your Personal Data, including in a machine-readable format;
Right to delete your Personal Data;
Right to update your Personal Data;
Right to correct inaccurate, out-of-date, or irrelevant Personal Data;
Right to anonymization, blocking or deletion of unnecessary or excessive Personal Data or Personal Data processed in noncompliance with applicable law;
Right to receive information about public and private entities with which we have shared your Personal Data;
Right to information about the possibility of denying consent and the consequences of such denial;
Right to revoke consent;
Right to data portability;
Right to confirm that we are processing your Personal Data;
Right to restrict our processing of your Personal Data;
Right to not be subject to automated decision-making;
Right to a verification procedure that provides whether we are in compliance with the applicable law; and
Right to object to or opt out of direct marketing from us.

If you would like to exercise your legal rights, please contact us at privacy@sunlighten.com. We will process your request in accordance with any applicable legal requirements.

For a description of the legal bases for which we collect your Personal Data, please see the section “Notice to Europe and the United Kingdom Residents - Legal Bases for Processing Your Personal Data” above.

15. Accessibility

We are committed to ensuring this Privacy Policy is accessible to individuals with disabilities. If you wish to access this Privacy Policy in an alternative format, please contact us as described below.

16. How to Contact Us

For questions or concerns about our privacy policies or practices, please contact us by email at privacy@sunlighten.com or by mail at:

Sunlighten, Inc. Global Headquarters
7373 W. 107th Street
Overland Park, KS 66212
877-292-0020 / 913-754-0831

Sunlighten Text Messaging Terms & Conditions

You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages from Sunlighten, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.

Message frequency will vary. Sunlighten reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Sunlighten also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Sunlighten, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

You also agree to Sunlighten Terms of Use and Privacy Policy.

We are able to deliver SMS messages to the following mobile phone carriers: AT&T, Sprint, T-Mobile, Verizon Wireless, ACS Wireless, All West Communications, Appalachian Wireless, Atlantic Tele/Choice, AWCC, Bluegrass Cellular, Boost Mobile, Brightlink, Cablevision, Carolina West Wireless, Cellcom, Cellular South (C-Spire), CellularOne (of NE AZ), Chariton Valley Wireless, Chat Mobility, Cincinnati Bell, Copper Valley, Cricket / Leap, CTC Telecom, Custer Telephone, DTC Wireless (Advantage), Duet IP, Eagle Telephone System, ECIT, Element Wireless, Enflick Inc, Epic Touch, Farmers Mutual Telephone, Flat Wireless, GCI / Alaska Digitel, Gold Star Communications, Google Voice, Illinois Valley, Immix Wireless (Keystone), Inland Cellular, Layered Communications, Leaco Rural Telephone, Manti Tel, Metro PCS, Mid-Rivers Communications, Mobi PCS, MobileNation / SI Wireless, Mosaic, MTA, MTPCS Cellular One/CellOne Nation, NE Cellular One of PA, Nemont Sagebrush Cellular, Nex-Tech, nTelos, Nucla-Naturita Tel, NW Missouri Cellular, Peoples Wireless, Pine Cellular, Pioneer Cellular, Plateau Wireless, PTCI (Panhandle Wireless), Republic Wireless, South Central Utah, SouthernLINC Wireless, SRT Wireless, Standing Rock, Syringa Wireless, Thumb Cellular, Triangle Wireless, UBET, Union Wireless, United Wireless, US Cellular Corp, Viaero Wireless, Virgin Mobile USA, West Central Cellular.

We are able to deliver MMS messages to the following mobile phone carriers: AT&T, Sprint, T-Mobile, Verizon Wireless, Boost Mobile, Cricket / Leap, Metro PCS, US Cellular Corp, Virgin Mobile USA.

Cancellation/ Unsubscribing

Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Sunlighten and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Sunlighten through any other programs you have joined until you separately unsubscribe from those programs.

Help

Text the keyword HELP to our shortcode to return customer care contact information, or call 877-292-0020.

Customer Care

If you are experiencing any problems or need Sunlighten customer service assistance, please visit https://www.sunlighten.com/customer-service/ and submit the form with details about your problem or your request for support, or email customercare@sunlighten.com.

Contact

This message program is a service of Sunighten, located at 7373 W. 107th St., Overland Park, KS 66211.

MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER

Most concerns can be resolved quickly and to your satisfaction by contacting us as set forth in the “How to Contact Us” section below.

In the event that we are not able to resolve a dispute, and with the exception of the claims for injunctive relief by us as described above and to the extent allowed by law, you hereby agree that either you or we may require any dispute, claim, or cause of action (“Claim”) between you and us or any third parties arising out of use of the Site, the Services, and any other actions with us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) to be arbitrated on an individual (non-class) basis. However, both parties retain the right to seek relief in a small claims court (or a state court equivalent) for a Claim within the scope of its jurisdiction so long as the small claims action does not seek to certify a class, combine the claims of multiple persons, recover damages in excess of the limit for a small claim under applicable state law or is not transferred, removed, or appealed from small claims court to any different court. Additionally, if you are a California resident, you retain the right to obtain public injunctive relief from any court with proper jurisdiction.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. ADDITIONALLY, ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS, AND, THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, YOU AGREE THAT YOU WAIVE THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN AN ARBITRATION; THAT EXCEPT AS OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT, CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.

You and we agree that your use of the Services involves interstate commerce, and that this arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act (FAA) set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. The arbitrator must follow, to the extent applicable: (i) the substantive law of the state in which we entered into the transaction giving rise to this arbitration agreement; (ii) the applicable statutes of limitations; and (iii) claims of privilege recognized at law. The arbitrator will not be bound by federal, state or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings.

If either you or we elect to arbitrate a Claim, the dispute shall be resolved by binding arbitration administered under the applicable rules of the American Arbitration Association (“AAA”). Either you or we may elect to resolve a particular Claim through arbitration, even if the other party has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court.

If this is a consumer-purpose transaction, the applicable rules will be the AAA’s Consumer Arbitration Rules. The applicable AAA rules and other information about arbitrating a claim under AAA, including how to submit a dispute to arbitration, may be obtained by visiting its website at https://www.adr.org/ or by calling 1-800-778-7879. If AAA will not serve as the administrator of the arbitration, and you and we cannot then agree upon a substitute arbitrator, you and we shall request that a court with proper jurisdiction appoint an arbitrator. However, we will abide by the applicable AAA rules regardless of the forum. Arbitration shall be conducted in the county and state where you accepted these Terms, you reside, or another reasonably convenient place to you as determined by the arbitrator, unless applicable laws require another location. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The parties will have the option to request and receive a statement of reasons for the arbitration award.

If you elect to file the arbitration, and this is a consumer-purpose transaction, you will pay the filing fee to the extent required by AAA’s Consumer Arbitration Rules but not to exceed the cost of filing a lawsuit. Any amount above what it would cost you to file a lawsuit, we will pay. All other arbitration fees and expenses shall be allocated to us according to AAA rules. Except for the arbitration fees and expenses, each party shall pay its own costs and fees incurred (including attorneys’ fees), unless the arbitrator allocates them differently in accordance with applicable law. This paragraph applies only if this is a consumer-purpose transaction.

Notwithstanding anything to the contrary in these Terms, and except as otherwise set forth in this paragraph, the agreement to arbitration may be amended by us only upon advance notice to you. If we make any amendment to this agreement to arbitration (other than renumbering the agreement to align with any other amendment to the Terms) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding or action against us prior to the effective date of the amendment. The amendment shall apply to all other Claims governed by this agreement to arbitration that have arisen or may arise between you and us. However, we may amend this agreement to arbitration and not provide you notice; in that case, the amendments will not apply to you and the agreement to arbitration contained in these Terms to which you agreed will continue to apply to you and us as if no amendments were made.

If any part of this arbitration provision is invalid, all other parts of it remain valid. However, if the class action limitation is invalid, then this arbitration provision is invalid in its entirety, provided that the remaining Terms shall remain in full force and effect. This arbitration provision will survive the termination of your use of the Site, the Services, and any other actions with us.

You may reject this arbitration provision within thirty (30) days of accepting the Terms by emailing us at privacy@sunlighten.com and including in the subject line “Rejection of Arbitration Provision.”