Privacy Policy

Legal

Cushion Co. values your privacy in your personal information and User Content that you upload and store on our site. This Privacy Policy explains what information Cushion Co. (“Cushion” or “we” and sometimes “us”) collect about you and why, what we may do with that information and how we handle your User Content.

You should read this Privacy Policy alongside our Terms of Use.

This Privacy Policy is incorporated into the Cushion Terms of Use and applies to the information obtained by us through your use of the Cushion Site. You can find the definitions for capitalized terms used in this Privacy Policy that are not otherwise defined in this Privacy Policy in the Terms of Use.

We may change this Privacy Policy from time to time, but we will let you know when we do so.

As Cushion evolves, we may need to update this Privacy Policy to keep pace with changes to the Cushion Site, our business and laws applicable to us and you. We will, however, always maintain our commitment to respect your privacy. We will post any revisions to this Privacy Policy, in an easy to find area of our web site, so we recommend that you periodically check back here to stay informed of any changes. We will ask for your consent to such changes if required by applicable law; in other cases, please note that your continued use of the Cushion Site after any change means that you agree with, and consent to be bound by, the new Privacy Policy. If you disagree with any changes in this Privacy Policy and do not wish your information to be subject to the revised Privacy Policy, you will need to close your account and/or stop using the Cushion Site.

We do collect some information from you when you sign up for Cushion. Here is what we collect and why.

If you register for or maintain an account on our site, we may collect the following information:

Your username, email address, and contact preferences. To create and support your Cushion account; To communicate with you; To send you monthly updates, if you provide consent as explained below; To verify your email address to help prevent spam, fraud and abuse.

Your name, image and other personal information, if you elect to share it. To show in your user profile.
The geographic area where you use your computing devices when you interact with the Cushion Site. To localize your interaction with Cushion and improve our understanding of how users interact with Cushion.
Actions you perform when accessing Cushion, including your use of certain features. To administer Cushion and improve the features and usability of Cushion.
Your payment information. To process your payment for your account, Cushion uses Stripe, our third-party payment processor. We only have limited information about your payment transactions.
Payment information of your customers. Cushion allows you to receive payments directly from customers to your Cushion account. These payments are processed through our third party payment processor, Stripe. We only have anonymous, aggregate information about your customers’ payment transactions.

Cushion uses some tracking devices to help provide our services to you.

Cushion uses cookies, tracking pixels and similar technologies on the Cushion Site to collect information that helps us provide the Cushion Site to you and to learn how the Cushion Site is used. Cookies are small data files that a web site you visit may save on your hard drive. They usually include an anonymous unique identifier. A cookie cannot retrieve any other data from your hard drive or pass on computer viruses.

Cushion uses cookies to assist with basic functions like user authentication.

Cushion uses cookies and similar technologies to assist with functions such as user authentication, remembering user preferences, understanding how users use the Cushion Site, and managing and tracking the effectiveness of our marketing efforts. We also may include tracking pixels, which are small graphic images, in our email messages and newsletters to determine whether the messages were opened and the links were actually clicked. As described below, you may disable any of these cookies; but if you do so, then various functions of the Cushion Site may not work as intended.

We use cookies and other similar technologies to understand how you are using the Cushion Site.

By providing us with information about how you interact with the Cushion Site, these tools help us learn how to make the Cushion experience even better and customize our communications with you. For example, these technologies can tell us things like how you arrived at the Cushion Site, if you have visited the site before, how long you stay on the site, and which pages you visit.

They also provide us with general information about where in the world you may be located.

The following analytics technologies are in use on our site:

Intercom. To learn more about Intercom and your privacy and how to opt-out, visit https://docs.intercom.io/pricing-privacy-and-terms/intercom-inc-privacy-policy.
Postmark. To learn more about Postmark and your privacy and how to opt-out, visit https://wildbit.com/privacy-policy.
Sentry. To learn more about Sentry and your privacy and how to opt-out, visit https://sentry.io/privacy/.
Stripe. To learn more about Stripe and your privacy and how to opt-out, visit https://stripe.com/us/privacy.
Plaid. To learn more about Plaid and your privacy and how to opt-out, visit https://plaid.com/legal/.
Zapier. To learn more about Zapier and your privacy and how to opt-out, visit https://zapier.com/privacy/.
Mixpanel. To learn more about Mixpanel and your privacy and how to opt-out, visit https://mixpanel.com/legal/privacy-policy/.
MailerLite. To learn more about MailerLite and your privacy and how to opt-out, visit https://www.mailerlite.com/legal/privacy-policy.

You can always turn off cookies on your browser.

You can configure your browser to accept cookies, reject cookies or notify you when a cookie is being used. However, if you configure your browser to reject cookies, you may not be able to use the Cushion Site in places that require you to sign in or take advantage of all the features of Cushion. If you do not want to receive tracking pixels, you will need to disable HTML images in your email client, but that may affect your ability to view images in other email that you receive.

We do not collect information from children who are not lawfully permitted to use Cushion.

Cushion does not knowingly collect personal information from children without parental consent. If we learn that we have inadvertently obtained information in violation of applicable laws prohibiting collection of information from children without such consent, we will promptly delete it. For more information on Cushion’s approach to use of the Cushion Site by children, and our compliance with the US Children’s Online Privacy Protection Act (“COPPA”), please see the section of our Terms of Use entitled, “We ask that you be of legal age to use Cushion.”

We may contact you from time to time, but we will not spam you.

If we have received your express consent to do so, from time to time, we may contact you with information about product announcements, service offerings that we think may be beneficial to you, software updates and special offers. If you decide you no longer wish to receive such communications from us, you may opt out of the communications at any time by following the opt-out instructions provided in emails or by logging into your Cushion account via our web site and changing your contact preferences. You will continue to receive essential Cushion Site-related and account-related information, even if you unsubscribe from promotional emails.

Cushion does not share or sell your information.

Although we do not share or sell your information, here are some limited circumstances where we may need to share your information:

We have your explicit consent to share the information.
We need to share your information with service providers who process data on our behalf in order to operate the Cushion Site, complete your payment transactions, and help us communicate with you as described elsewhere in this Privacy Policy.
We believe it is necessary to investigate potential violations of our Terms of Use, to enforce the Terms of Use, or where we believe it is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud or potential threats against persons, property or the systems on which we operate the Cushion Site.
We need to share your information with our service providers, such as Stripe, for processing your or your customers’ payments.
We determine that the access, preservation or disclosure of information is required or permitted by law to protect the rights, property or personal safety of Cushion and users of the Cushion Site, or is required to comply with applicable laws, including compliance with warrants, court orders or other legal process.
We do so in connection with the sale or reorganization of all or part of our business, as permitted by applicable law.

Cushion does not sell your information for the purpose of third party advertising. We do not share your account information or user activity history with third parties for the purpose of enabling them to deliver their advertisements to you.

Cushion works with third-party applications that may ask for permission to access your User Content.

Some third-party applications and services that work with the Cushion Site, such as our third party payment service provider, Stripe, may ask for permission to access your User Content or other information about your account. You can find Stripe’s Terms of Use and Privacy Policy here: https://stripe.com/us/legal. Stripe and any other third party application will provide you with notice and request your consent in order to obtain such access or information. Please consider your selection of such applications and services, and your permissions, carefully.

Cushion does not review or monitor your personal information.

As a rule, Cushion does not monitor or view your personal information or User Content stored in the Cushion Site, but we list below the limited circumstances in which we may need to access or review your personal information or User Content:

We believe our Terms of Use have been violated and confirmation is required or we otherwise have an obligation to review your User Content as described in our Terms of Use.
We need to do so in order to respond to your request for support.
We need to do so to protect the rights, property or personal safety of Cushion and its users (including to protect against potential spam, malware or other security concerns).
In order to comply with our legal obligations, such as responding to warrants, court orders or other legal process. We vigilantly protect the privacy of your User Content and, whenever we determine it possible, we will provide you with notice if we believe we are compelled to comply with a third party’s request for information about your account.

We do not read or share your User Content with anyone for any advertising purposes.

When you provide data or User Content to Cushion, it is stored in the United States.

If you are located outside the United States, the information that we collect from you may be transferred to, and stored and processed at, a destination in the United States. By submitting information, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your information is treated securely and in accordance with this Privacy Policy.

Cushion complies with the US-EU Safe Harbor Framework and US-Swiss Safe Harbor Framework.

Data privacy laws or regulations in your home country may differ from those in the United States, but Cushion complies with the US-EU Safe Harbor Framework and US-Swiss Safe Harbor Framework as set forth by the US Department of Commerce regarding the collection, use and retention of personal information collected not only from those users residing in the European Union and Switzerland, but from all our users. To learn more about the Safe Harbor programs, and to view our certification page, please visit https://www.export.gov/safeharbor_eu.

EU Users

The General Data Protection Regulation or "GDPR" gives certain rights to individuals in the European Union in relation to their personal data. As available and except as limited under applicable law, the rights afforded to individuals are:

Right of Access - the right to be informed of and request access to the personal data we process about you;
Right to Rectification - the right to request that we amend or update your personal data where it is inaccurate or incomplete;
Right to Erasure - the right to request that we delete your personal data;
Right to Restrict - the right to request that we temporarily or permanently stop processing all or some of your personal data;
Right to Object:
- The right, at any time, to object to us processing your personal data on grounds relating to your particular situation;
- The right to object to your personal data being processed for direct marketing purposes;
Right to Data Portability - the right to request a copy of your personal data in electronic format and the right to transmit that personal data for use in another party’s service; and
Right not to be subject to Automated Decision-making - the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.

If you wish to exercise any of the above rights, please contact us at support@cushionapp.com.

Cushion is committed to protecting your information.

Cushion takes reasonable precautions to protect your information and User Content. We use industry standard encryption to protect your data in transit. This is commonly referred to as transport layer security (“TLS”) or secure socket layer (“SSL”) technology. However, internet data transmissions, cannot be guaranteed to be 100% secure, and as a result, we cannot ensure the security of information during its transmission between you and us; accordingly, you acknowledge that you do so at your own risk.

If Cushion learns of a security system breach, we will attempt to notify you and provide information on protective steps, if available, through the email address that you have provided to us or by posting a notice on our web site and/or via other communication platforms. All payment transactions, including for your account and payments you receive from customers are conducted through our PCI-compliant and secure payment solutions provider, Stripe. You can find additional information on how Stripe secures your and your customers’ payment card information during transmission and storage on their Privacy Policy here: https://stripe.com/us/privacy.

If you decide to stop using Cushion or we deactivate your account, your User Content will be available for a limited amount of time only.

You can stop using Cushion at any time. If you or we deactivate your account, the User Content in your account will not be deleted for thirty (30) days unless you purposely delete that information, and sync your account before you deactivate your account. You may contact Cushion to request that your data be deleted prior to that period.

You may request that we update your information at any time

We do our best to keep your data accurate and up to date, to the extent that you provide us with the information we need to do so. If your data changes (for example, if you have a new email address) or you notice that your data is inaccurate, then you may at any time request that we update your information by emailing us at support@cushionapp.com or you may change your information by going to your account settings.

Please contact us if you have any concerns about this Privacy Policy.

Cushion welcomes your feedback regarding this Privacy Policy. If you have questions, comments or concerns about this Policy, please contact us by email at support@cushionapp.com.

Cushion