Notice to California Residents
Effective Date November 6, 2025
The California Consumer Privacy Act, as amended by the California Privacy Rights Act of 2020 (CCPA), requires that certain businesses provide California residents with a privacy policy that contains a comprehensive description of their online and offline practices regarding the collection, use, disclosure, sale, sharing, and retention of personal information and of the rights of California residents regarding their personal information. However, the CCPA contains important limitations that are relevant to Gem Specialty Health, Inc. and its affiliates (“GEM SLEEP,” “we,” “our” or “us”).
First, the CCPA does not apply to protected health information that is collected by a covered entity governed by the privacy, security, and breach notification rules issued by the United States Department of Health and Human Services established pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH).
Second, the CCPA also does not apply to a covered entity governed by HIPAA, to the extent the provider or covered entity maintains patient information in the same manner as medical information or protected health information.
Because we are subject to HIPAA and HITECH, and maintain information, protected health information, and patient information according to their requirements, much of the personal information we collect is exempt from the CCPA rights described below. Your rights with respect to our use and sharing of that information are governed by our HIPAA privacy notice.
CCPA Rights
If you are a California resident, you have the following rights with respect to your personal information:
(1) 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;
(2) The right to delete personal information that we collected from you, subject to certain exceptions;
(3) The right to correct inaccurate personal information that we maintain about you;
(4) If we sell or share personal information, the right to opt out of the sale or sharing;
(5) 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
(6) 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 by calling 1-833-946-4436.
As mentioned above, the protected health information that we collect is exempt from the CCPA and, therefore, is not subject to the rights discussed in this “Notice to California Residents” section. Your choices and rights with respect to our use and sharing of that information are governed by our HIPAA Notice of Privacy Practices.
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, and if the request is not subject to an exemption or exception, we will require additional information to verify your authority to act on behalf of the California residents.
Our Process for Verifying a Request to Know, Delete, and/or Correct
If we determine that your request is subject to an exemption or exception, we will notify you of our determination. If we determine that your request is not subject to an exemption or exception, 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 Sales or Sharing of Personal Information
If you are a California resident, you have the right to direct us to stop selling or sharing your personal information.
mygemsleep.com: Although we do not “sell” personal information in the conventional sense, i.e., for money, our use of interest-based advertising cookies and tracking technologies on Gem Specialty Health, Inc. and its affiliates website mygemsleep.com could be considered a “sale” or “sharing” as those terms are defined under the CCPA. To opt out of cookie sharing, please use the cookie pop-up banner on mygemsleep.com. For more information about our use of cookies and tracking technologies on mygemsleep.com, see our Cookie Policy. 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 “Opt-Out Preference Signals” section above for more information.
mygemsleep.com: In the 12 months prior to the Last Updated Date of this Privacy Policy, we have not “sold” or “shared” any personal information (as those terms are defined under the CCPA) Gem Specialty Health, Inc. and its affiliates website mygemsleep.com.
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.
