l. About This Privacy Notice
This Consumer Health Data Privacy Notice applies to consumer health data, as defined by applicable Washington and Nevada law, that is collected from residents of, or that is actually collected within, Washington and Nevada. Specifically, it describes the practices of Mattress Firm, Inc. (“Mattress Firm,” “us,” “we,” or “our”) websites and mobile applications (together, “Services”) that link to this Notice, including how we collect, use, disclose, or sell consumer health data that we collect from Washington and Nevada consumers (“consumers”, “you”, or “your”). This Consumer Health Data Privacy Notice supplements the Mattress Firm Privacy Notice and the Sleep.com Mobile App Privacy Notice and applies solely to consumers as such term is defined under each of the Washington My Health My Data Act (“WMHMDA”) and the Nevada Consumer Health Data Law (“NCHD Law”).

ll. Categories of Consumer Health Data Collected
Mattress Firm may collect the following categories of consumer health data from you:

• Bodily functions, vital signs, symptoms, or measurements, such as your respiration, movement, noise disturbances and other sleep data, which we collect through our app or health apps where you enable data sharing with us.

• Individual health conditions, treatment, diseases, or diagnosis, such as when you answer questions we may ask about how often your sleep is impacted by sleep disruptions including pain, allergies, snoring, sleep apnea, and acid reflux.

• Information that is derived or extrapolated from non-health information (such as proxy, derivative, inferred, or emergent data by any means, including algorithms or machine learning), including assessments of your quality and quantity of sleep based on your SleepScore®.

lll. Why We Collect and Use Your Consumer Health Data
We may collect and use your consumer health data to the extent necessary to provide you with the products and Services that you have requested from us. The Services include delivering to you, as applicable, the Sleep.com mobile application and the MattressMatcher® web application, and providing you with insights and education required to achieve a greater understanding of your sleep condition. Such insights may include, but are not limited to, personalized product and service recommendations based on the consumer health data that you provide.

The purposes for which we may collect your consumer health data include:

• To enable you to track your Sleep Data (as defined in the Sleep.com Mobile App Privacy Notice) including sleep duration, sleep onset, sleep staging and other collected information to provide you with a SleepScore® and other key metrics that allow you to take actionable steps to better sleep. Access to your Sleep Data is required for the Sleep.com mobile application to work; 

• To supplement your Sleep Data to improve our ability to provide personalized sleep analysis and recommendations;

• To provide you with product and service recommendations, including matching you to the recommended mattress via the MattressMatcher® web application;

• To protect our, your, or others’ rights and property;

• To protect someone’s health, safety, or welfare;

• To comply with a law or regulation, court order, or other legal process;

• To detect, prevent, and respond to fraud, intellectual property infringement, violations of our Terms of Use, violations of law, or other misuse of our Services.

lV. Categories of Sources from Which Consumer Health Data is Collected

• Information we collect from you, including via the Sleep.com mobile application and the MattressMatcher® web application and when you elect to show any of our Sleep Experts the contents of your Sleep.com mobile application, as well as from the following sources via the Sleep.com mobile application.

• Information automatically collected. We may collect consumer health data using automated data collection technologies as described in the “COOKIES AND SIMILAR TECHNOLOGIES” section in the Sleep.com Mobile App Privacy Notice. 

• Information from third parties, such as Google Health Connect, if you have an Android mobile device; or iOS Health Application, if you have an Apple mobile device.

V. Entities to Whom We Disclose Consumer Health Data

• Service Providers. We may share your consumer health data with third parties that provide services to us (such as vendors) in connection with our business operations. It is our practice to require our service providers to keep the information confidential and to not use the information outside of our business relationship.

• Mergers, Acquisitions and Bankruptcy. If Mattress Firm should ever file for bankruptcy or merge with another company, or if Mattress Firm should decide to buy, sell, or reorganize some part or all of its business, Mattress Firm may disclose your consumer health data to prospective or actual purchasers. It is Mattress Firm’s practice to seek appropriate protection for consumer health data disclosed in these types of transactions.

• As Required by Law and Other Legal-Related Disclosures. We may disclose your consumer health data if we believe in good faith that disclosure is necessary: (a) to comply with the law, such as to report possible adverse events or to respond to legal process (e.g., court order, subpoena, search warrant) or other legal requirements of any governmental authority; (b) to protect the integrity of the Services; (c) to protect and defend our, your, or others’ rights, property, safety or interests; or (d) to detect, prevent, or respond to fraud, intellectual property infringement, violations of our Terms of Use, violations of law, or other misuse of the Services.

Vl. Third Party Data Collection
We allow third parties to collect your consumer health data across our Services.

Vll. Your Rights as a Consumer
Under each of the WMHMDA and NCHD Law provides certain rights to consumers with respect to consumer health data, including the following rights:

• Right to Access. You have the right to confirm whether we process your consumer health data and to obtain information about how we process that data.

• Right to Delete. You have the right to request that we delete your consumer health data.

• Right to Withdraw Consent. If you provided consent for our processing of your consumer health data, you may have the right to withdraw that consent.

• Right to Change. You have the right to ask that we change the consumer health data that we collect.
  

We will not discriminate or retaliate against you on account of your exercise of these rights.

To exercise any of these rights, you may submit your request online, or send a written request to: “Mattress Firm, 3250 Briarpark Drive, Suite 400, Houston, TX 77042, Attn: Legal Department”. If submitting a written request, please include your name, mailing address, telephone number and email address.

Vlll. Appeals Process

If you would like to appeal any decision that we make with respect to any request you have submitted regarding your consumer health data, please submit your request online, or send a written request, noting your appeal, to: “Mattress Firm, Briarpark Drive, Suite 400, Houston, TX 77042, Attn: Legal Department.” If submitting a written request, please include your name, mailing address, telephone number and email address.

lX. Changes to This Notice
Mattress Firm reserves the right to change this Notice at any time. If we update this Notice, we will notify you by posting a new Notice on this page. If we make any revisions that materially change the ways in which we use or share the information previously collected from or about you, we will make reasonable efforts to provide notice (such as by sending you an email or posting a notice on this website prior to the changes becoming effective) and obtain any necessary consent to any such new uses as may be required by law.

Effective Date: June 2, 2025