Last Updated: November 19th, 2024

This Privacy Notice describes the information collected through this website (the “Site”) and the related products and services we provide, whether online or offline, and how that information is collected, used, and disclosed. The Site, our products and services, and all related content, technology, and tools are, together, referred to as the “Services.” Net Retailers, LLC, together with its brands LuxeDecor, PatioLiving, TopModern and PatioContract (and their affiliates, subsidiaries and related companies, “Company,” “we,” “us,” or “our”) and its suppliers may collect or receive the types of information described below as a result of your access to and use of the Services (together, “ Collected Information”). This Privacy Notice applies to all visitors to and users of the Services.

This Privacy Notice also explains your rights and choices regarding your personal information (if applicable), how we communicate changes to this Privacy Notice, and how you may contact us regarding questions or issues with respect to any matter addressed by this Privacy Notice.

This Privacy Notice is incorporated into and made a part of our Terms of Use, any applicable mobile app end user license agreement, and any other agreement that references this Privacy Notice or governs access to or use of the Services (together, our “Terms”).

By accessing, browsing, or otherwise using the Services, by accepting or entering into our Terms, you agree on behalf of yourself and any organization or company that you represent (together, “you”) that you have read and understand this Privacy Notice and that you consent to our collection, use, and disclosure of your personal information and other Collected Information pursuant to the terms of this Privacy Notice. If you do not agree with this Privacy Notice, do not access or use the Services.

Table of Contents

We reserve the right to modify this Privacy Notice at any time. All changes will be effective immediately upon posting of the updated Privacy Notice on the Site and by accessing or using the Services after any changes are made, you agree to those changes. Material changes will be clearly posted on the Site or otherwise communicated to you (e.g., via email).

Information We Collect and How We Use and Disclose It

The information we collect generally falls into the following categories:

• Information that you voluntarily submit to us, for example, your contact information.
• Information collected through your use of the Services, for example, user activity, data collected by the servers used to operate the Services (e.g., IP addresses and device information), data collected by analytics and advertising services, data collected when you connect using or share information via social media platforms, and data collected by cookies and tracking technologies.

 

Collection. We will collect any and all information that you choose to submit to us through, using, or in connection with the Services, including, without limitation, the types of information described below.

 

Purposes We Process Your Information For. In addition to the uses and sharing described above, Company and its suppliers may use and disclose Collected Information as described below. We do not use, sell, rent, or otherwise disclose Collected Information except as stated in this Privacy Notice and as required or permitted by applicable law.

• Services and Purpose Collected; Communication with You. We will use and share your personal information and other Collected Information for the purpose for which it was collected, for example, to process and communicate with you in connection with your use of the Services (including, for example, your purchases and account activity), your requests for information, User-Generated Content you provide, to administer your account (where applicable) and Company business activities, to provide customer support to users of the Services, and to provide you communications that you request.

 

• Personalization; Advertising; Analytics. To tailor the content and information that we may send or display to you, to suggest personalized help and instructions, and to otherwise personalize your experience while visiting or using our Services. Additionally, we may collect your information and share it with our third party service providers to understand how our Services are used and to improve the Services (as described further in the “Analytics” section of the Privacy Notice below). Further, we may use your information for us, or our third party service providers, to use that information to target advertisements for goods and services and to display those advertisements on other websites. The information collected may be associated with your personal information. For more information, please see the “Advertising Networks, Personalized Advertising, Remarketing, and Retargeting” section of the Privacy Notice below.

 

• Promotional Communications. Company may, to the extent permitted by applicable law and in accordance with your preferences, use Collected Information to send you promotional communications about Company and our products and services. Company will obtain your prior consent for such promotional communications solely to the extent required by applicable law. In order to provide you with a personalized experience, these communications may be tailored to your preferences based on, for example, inferences we make using your visits to the Services or the links you click on in Company emails. Please note that pixel tags, cookies and other online trackers may be used within emails to track your interactions with those websites and when emails are opened. You may opt out of receiving promotional communications from us at any time by following the unsubscribe instructions contained in the applicable email or by contacting us using the contact information provided below under “Contact Us.” Specifically with regard to text messaging, if you opt in to receiving text messages (SMS and MMS) on the Services when prompted, Company may send you autodialed and other text messages at the telephone number you provide relating to your use of the Services. Consenting to receiving text messages is not required to buy goods or services or to otherwise do business with us. Message and data rates may apply. Note that, even if you opt out of receiving promotional communications from Company, you may still receive administrative communications from us with respect to your use of the Services. See our Terms of Use for more information.

 

• Disclosing Collected Information.
• To our Affiliates, Subsidiaries, and Related Entities: Based on how you use the Services and the information that you provide to or request from us, we may disclose your name, contact information, and related Collected Information with our affiliated companies who have products or services that we think may be of interest to you. By providing us your Collected Information and using the Service, you hereby direct us to disclose your information to our affiliates, subsidiaries and other related entities. Our affiliated companies may contact you directly with respect to such products and services, provided that if applicable law requires, your prior consent will be obtained. You may opt out of receiving communications from any such affiliated company pursuant to that affiliate’s own policies. You may opt out of receiving communications from us by contacting us using the information below under “Contact Us.”
• To Our Third-Party Suppliers and Service Providers: We will disclose Collected Information to our and our affiliates’ respective suppliers, vendors, and service providers as necessary for us to provide the Services and our products and services to you and to engage in the use and sharing of Collected Information as permitted by this Privacy Notice and applicable law. These third parties include, without limitation, our website management and hosting suppliers, fraud detection and other security providers, customer support providers, those handling the processing and delivery of mailings, cloud storage providers, marketing and advertising partners and service providers, website analytics providers, payment processors (if and as applicable), product installers, and email service suppliers. Our service providers are authorized to and may use and disclose Collected Information as necessary for them to provide the applicable products and services to us and as provided by their own privacy policies and our agreements with those third parties.

• Evaluation and Improvement. We may use and disclose Collected Information to analyze, develop, and improve the content, materials, products, and services that we provide; to inform marketing and communication plans and strategies; to understand user demographics and preferences; to analyze the effectiveness of the Services; and to evaluate user needs and customize Services content and the user experience. To better understand how users access and use our Services, both on an aggregated an individualized basis, including monitoring, evaluating, and analyzing which features and portions of the Services are most popular; for troubleshooting, for statistical purposes, including, for example, identifying geographic regions of visitors to our Services; evaluating frequently asked questions from visitors; and for other statistical purposes.

 

• Quality Assurance. In order to perform quality assurance and to continuously improve our customers’ experience, to assist with fraud identification, and to assist our customer relationship representatives (for example, through representatives in our call center), we use tools to monitor and record certain user experience information, including, without limitation, audio of customer service calls and information resulting from such calls.

 

• De-Identified and Aggregated Data. We may de-identify and/or aggregate personal information and User-Generated Content, and aggregate other Collected Information, and use and disclose that aggregate and/or de-identified data for our business purposes, in each case to the extent permitted by applicable law. To the extent we create de-identified and/or aggregate personal information, we take reasonable measures designed to maintain such information in de-identified and/or aggregate form. Once de-identified or aggregated, we will not attempt to re-identify the data (other than to confirm our de-identification and aggregation processes worked).

 

• Lawful Processes; Protection of Company. We may use and share Collected Information in accordance with and in response to regulatory authorities, courts with competent jurisdiction, valid law enforcement requests, governmental agency requests, emergency services, and other necessary third parties for legal, protection, security, and safety purposes (e.g., to comply with laws or regulations, to respond to subpoenas and legal processes, to perform credit checks, to protect the safety of our employees, agents, and customers, or any other person). We may use Collected Information and share it with third parties if we believe doing so is necessary or appropriate to protect our rights or the rights of others, including to enforce our agreements, policies, and terms, to bring legal action, to protect our operations and assets, or to pursue remedies or limit damages that we may sustain.

 

• Business Transactions. If Company undergoes a change in control, acquisition, merger, reorganization, asset sale (in whole or in part), or similar transaction, we may transfer, sell, share, or otherwise disclose Collected Information to the subsequent owner(s) or successor(s) of those transactions. We may also disclose Collected Information in connection with the evaluation of those transactions. Those owner(s), successor(s), and other recipients will be bound by this Privacy Notice as it applies to the information disclosed. Also, if Company or any of its assets are acquired or if Company goes out of business, enters bankruptcy, or goes through some other change in control or reorganization, Collected Information may be one of the assets transferred to or acquired by a third party.

 

• With Your Consent. With your consent, we may use and share your personal information and other Collected Information in ways not specifically described in this Privacy Notice.

 

Disclosures to Third Parties. Pursuant to and consistent with the purposes for collecting your information as set forth in this Privacy Notice we disclose certain categories of personal information to third parties for a business (or other) purpose.

 

 

Payment. Payments submitted in connection with the Services must be made via the Services by credit, debit card, or through alternate payment methods (such as Google Pay, PayPal, etc.) where such alternate payment methods are made available as an option. Please note that alternate payment methods may be provided by third parties (e.g., Google Pay via Google), subject to that third party’s privacy policy. This Privacy Notice does not apply to such third party’s collection and use of your information. Please review the applicable third party’s privacy policy. Some of our Services may provide you the ability to make payments via ACH or check. Where that option is made available, you will need to provide us your contact information and we will follow up with further details and instructions. With regard to credit and debit card payment, all credit and debit card information is provided directly to our third-party payment processor. Company does not directly access, handle, or store your credit or debit card information. To submit payment using the Services, you will need to provide your name, email address, telephone number, and your credit or debit card number, expiration date, and security code, as well as any such information as necessary to verify the applicable payment. Our payment processor will use your payment-related information in accordance with its privacy policy. Where online storefront on the Services is hosted or powered by a third party, we encourage you to review any posted terms and privacy policies.

User-Generated Content. You are responsible for any data, information, images, messages, documents, and other content that you enter, submit, create, post, upload, transmit, or otherwise provide through or using the Services, including by providing feedback, participating in forums or discussion boards, by uploading or providing photographs, by submitting product reviews or testimonials, by commenting on blog posts, or by populating a user account or profile (where such options are made available to you). “User-Generated Content” means all data, feedback, information, images, messages, documents, and other content that is entered into, submitted to, posted on, uploaded to, transmitted, streamed, created, or displayed using, or otherwise provided via or using the Services by you or on your behalf. All User-Generated Content is provided at your own risk. We cannot guarantee that User-Generated Content you provide will not be viewed by unauthorized persons. You understand that, even after removal, copies of User-Generated Content you have provided may remain viewable in cached and archived pages and may have been copied or stored by Internet archives and other Service users. We will make User-Generated Content available, including publicly available, to other Service users and to the public, as applicable and at its sole discretion, and will use and disclose User-Generated Content for the purpose for which it was provided as indicated at the point of collection. For more information on User-Generated Content, please review our Terms of Use.

Job Applications. If you submit a resume, job application, or related materials or other information to us or through the Services, we may use that information to evaluate your qualifications and consider or respond to your inquiry or application. Your submission of a resume, job application, or related information does not in any way require Company to review that information or consider you for employment. To view career opportunities at Company or to submit a job application you may be redirected to an online career portal operated by a third party. We encourage you to review any terms and privacy policies posted on that portal.

Other Information Collected

As you navigate and use the Services, certain information can be passively collected using various technologies. We passively collect a variety of types of information in a variety of ways, including as described below.

User Activity. We collect information on how the Services are used, for example, the features you use, the links that you click on, your search parameters, data reflecting transactions that have taken place using the Services, how you interact with other users, performance statistics, and other usage data. We collect information that your browser sends whenever you visit our Services (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our website that you visit, the time and date of your visit, the time spent on those pages and other statistics.

IP Addresses and Related Data. The servers used to operate and provide the Services may collect, and our third-party service providers may collect, data pertaining to you and the equipment, software, and communication methods you use to access the Internet and the Services, including IP addresses assigned to the computers and other devices from where you access the Internet, your Internet service provider (ISP), device ID numbers and unique identifiers, your media access control (MAC) address, your operating system, your device’s screen resolution, your web browser type, the pages you access on the Services, the websites you access before and after visiting the Services, the length of time you spend on the Services, date and time stamps, clickstream data, your approximate geographic location, performance statistics, and usage data. Company may use this information to administer the Services and their servers, to generate statistical information, to monitor and analyze Service traffic and usage patterns, to monitor and help prevent fraud, to investigate complaints and violations of our policies, and to improve the Services.

We may combine this information with other Collected Information (including personal information) and information obtained from third parties for security reasons and to protect our rights or the rights of others. The suppliers that we use to provide the Services may collect information about your visits to the Services and other websites. Some of this information may be collected using cookies and similar tracking technologies as explained below under “ Cookies and Tracking Technologies.”

Analytics. The Services use third-party analytics tools (e.g., Google Analytics) to collect and process data about your use of the Services, including when you visit the Services, URLs of the websites that you visit prior to visiting the Services and when you visit those websites, and IP addresses assigned to the devices from where you access the Internet. Our analytics providers may set and read cookies to collect this data and your web browser will automatically send data collected by those cookies to our analytics providers. Our analytics providers use this data to provide us with reports that we will use to improve the Services’ structure and content.

For more information on how Google uses this data, visit Google’s Privacy Notice and Google’s page on How Google uses data when you use our partners' sites or apps. To prevent this data from being used by Google Analytics, follow the instructions to download and install the Google Analytics Opt-out Browser Add-on for each browser you use. Using the Google Analytics Opt-out Browser Add-on will not prevent Company from using other analytics tools and will not prevent data from being sent to the Service itself or to Google. For more information about how Google Analytics uses cookies to measure user interactions on websites, visit Google Analytics Cookie Usage on Websites. You may disable cookies as discussed below, but that may impact your use and enjoyment of the Service.

Advertising Networks, Personalized Advertising, Remarketing, and Retargeting. From time to time the Services may use or participate in advertising networks and related advertising services that are managed and provided by third-party advertising servers, advertising agencies, technology vendors, and research firms, including Google Ads and advertising services provided by Meta (sometimes referred to the Meta “tracking pixel”), and advertising services provided by TikTok (sometimes referred to as TikTok Pixels).

These services collect information about your visits to and interactions with the Services and other websites and will use that information to target advertisements for goods and services and to display those advertisements on other websites. The information collected may be associated with your personal information.

Advertising networks often gather data about consumers who view advertisements to make inferences about a consumer’s interests and preferences, which enables their computers to deliver advertisements directly targeted to the consumer’s specific interests. This practice is often referred to as “online behavioral advertising.” For example, a third-party advertising network might collect the type of web browser you use, the type of computer operating system you use, the domain name of a website you visit, whether or not you visit specific pages of the Services and other websites, the location of your Internet service provider, the date and time of a visit to a website, and other interactions between you and a website.

Through Google Ads, Google uses your Internet searches, cookies, and similar identifiers (e.g., pixel tags) to collect information about your visits to the Service and your interaction with our products and services to generate targeted advertisements to you on other websites that you visit across the Internet. We may also enable and implement Google Analytics Advertising Features on the Services. To opt out of remarketing advertising provided through Google, to customize your ad preferences, or to limit Google’s collection or use this information, visit Google’s Safety Center and Google’s Ad Settings and follow Google’s personalized ad opt-out instructions. Opting out will not affect your use of the Service.

To change your preferences with respect to certain online ads and to obtain more information about third-party ad networks and online behavioral advertising, please visit the National Advertising Initiative Consumer opt-out page or the Digital Advertising Alliance Self-Regulatory Program. Please remember that changing your settings with individual web browsers or ad networks will not necessarily carry over to other browsers or ad networks. As a result, depending on the opt-outs you request, you may still see our ads from time to time. Your device may also include a feature (“Limit Ad Tracking” on iOS or “Opt Out of Interest-Based Ads” on Android) that allows you to opt out of having certain information collected through apps used for behavioral advertising purposes.

Social Media. The Services may implement widgets, tools, or applications provided by social media platforms and the Services may otherwise allow for interaction, integration, or content sharing with third-party social media platforms and companies. We may be required to implement cookies, plug-ins, and APIs provided by those social media platforms in order to facilitate those communications and features. By choosing to use any third-party social media platform or choosing to share content or communications with any social media platform, you allow us to share information with the designated social media platform. Interactions, integrations, and content sharing with a social media platform and their features may require or allow the social media company to collect information from or about you, whether through cookies, registration information, or otherwise. Social media companies may track your online activity even when you do not choose to interact with the social media platform or its widgets or other features. We encourage you to review the privacy policy of any social media platform that you use or visit in connection with the Services, as those platforms’ respective privacy policies will govern their collection, use, and disclosure of information they collect from you. We cannot control any policies or terms of such third party platform. As a result, we cannot be responsible for any use or disclosure of your information or content by third-party platforms, which you use at your own risk.

The Services may also use the advertising services and networks offered by social media platforms to deliver advertising content. Use of these services requires social media platforms to implement cookies or pixel tags to deliver ads to you while you are logged into the applicable social media platform.

If you do not want social media platforms to collect information relating to you via the Services or to link information collected via the Services to your social media accounts, we suggest that you: (a) do not connect to or share information with social media platforms using the Services; (b) hide social media platform plug-ins using an ad blocker; (c) always log off completely from social media platforms before visiting the Services or other websites and delete all related cookies; and, (d) where the option is made available by a social media platform, disable the advertising services and networks operated by that platform. You hereby acknowledge that Company makes no guarantee that exercising the foregoing options is guaranteed to prevent applicable social media platforms from tracking you and, further, you acknowledge that Company is not responsible for a social media platform’s tracking of you.

Our Social Media Pages. Company is active on social media. You may have the opportunity to comment on social media platforms regarding, as well as send us reviews and testimonials regarding, Company and the products and services we offer and/or to submit or upload related photos and other materials. Company reserves the right to post on the Services, other websites, and social media pages any comments, photos, or content that you post on our social media pages or provide to us (whether through social media or otherwise) to the extent permitted by applicable law.

Cookies and Tracking Technologies. The Services automatically use cookies to track your use of the Services in order to facilitate and enhance the user experience on the Services and for other purposes as described below. Cookies are small pieces of information that are stored on your device’s hard drive by your web browser. We use cookies to learn and track how you access and use the Services, including when and how users visit the Services and how popular particular Service pages are and aren’t. We also use cookies to recognize Services users, to help display information on the Services, and to improve your enjoyment and the usefulness of the Services, for example, by remembering and displaying certain information.

The Services may use both cookies that we implement and cookies implemented by our suppliers and other third parties. “First-party” cookies allow your browser to talk to the actual website that you are visiting, whereas “third-party” cookies allow your browser to talk to third-party websites, such as the source of an ad that appears on the website you are visiting or a third-party analytics provider. Our suppliers may use cookies and tracking technologies to track Service users across the Internet to understand how you get to the Services and for the analytics purposes disclosed in this Privacy Notice. We do not have access or control over these cookies and this Privacy Notice does not cover the use of third-party cookies. Click here for information on the cookies used by Meta. Click here and here for information on the cookies used by Google.

A cookie can either be a “session” cookie or a “persistent” cookie. Session cookies exist only for so long as you are visiting the applicable website. Session cookies are typically deleted or removed when you exit or quit your browser application. Persistent cookies exist for a set period of time, for example, six (6) months or one (1) year. Each time you visit a website that has implemented a persistent cookie, that cookie will remain active until its predetermined expiration date. You can also manually delete persistent cookies as discussed above.

The types of information collected by a cookie and the purposes for which that information is used depends on the type of cookie. By way of illustration, the types of cookies used, the types of information collected by those cookies, and the purposes for which that information are used are described below. We may combine information collected by cookies with other Collected Information.

• Operationally necessary cookies (also called essential cookies). These are cookies that are required for the operation of the Services. For example, these cookies are required to identify irregular website behavior, prevent fraudulent activity, and improve security. They also allow users of the Services to make use of its functions. Without these cookies, features and services you have requested will not be able to be provided.
• Functional cookies. These cookies allow us to offer you enhanced functionality when accessing or using the Services. This may include to remembering choices you make, for example, remembering your preferences or settings, remembering if you reacted to something on or through the Services so that you are not asked to react to it again, remembering if you have used any feature of the Services before, and enabling social media components. If functional cookies are disabled, various functions of the Services may be unavailable to you or may not work the way you want them to.
• Performance cookies (also called analytical cookies). These cookies assess the performance of the Services, including as part of our analytic practices to help us understand how visitors use and interact with the Services, for example, which pages on our websites users visit most often. These cookies also enable us to personalize content and remember your preferences. These cookies help us improve the way our websites work and provide a better, personalized user experience.
• Advertising or targeted cookies. These cookies record your visits to the Services, the pages you visit on our websites, and the links you have clicked. They gather information about your browsing habits and remember that you have visited a particular website. Company and its third-party advertising platforms or networks may use this information to make the Services and its content more relevant to your interests (this is sometimes called “behavioral” or “targeted” advertising and is further discussed above). These cookies are also used to limit the number of times you see an advertisement and to help measure the effectiveness of advertising campaigns. To find out more about interest-based ads and your choices, please visit the Digital Advertising Alliance, the Network Advertising Initiative, the Interactive Advertising Bureau (IAB) Europe, http://www.allaboutcookies.org, and http://www.youronlinechoices.com.

For more information about cookies, including about advertising cookies and your choices regarding cookies, we suggest you visit the following websites: https://www.consumer.ftc.gov/articles/0042-online-tracking; http://www.allaboutcookies.org; and http://www.youronlinechoices.eu.

Most browsers automatically accept cookies. Browsers generally also allow users to manage cookies in the browser’s settings. For example, a browser may allow you to reject cookies from certain websites, reject certain types of cookies regardless of the website, reject or disable all cookies from all websites, and/or delete previously stored cookies. Some browsers also give you the option of being notified every time a cookie is sent to your browser by a website. You can disable or limit cookies but doing so may impact your use and enjoyment of the Services and other websites. For example, the Services may not be able to be personalized for you, may no longer capture or remember your preferences or other choices you have made on the Services in the past, and may not remember your name or contact information or other information you have entered using the Services, and our website may not recognize the device(s) you use to access the Services.

Changing your cookie preferences in one browser will not necessarily carry over to other browsers, so you may need to adjust your preferences each time you get a new device, install a new browser, upgrade an existing browser, or alter or delete a browser’s cookie file.

The Services may also use the following types of tracking technologies: web beacons (also called clear GIFs), flash cookies, and pixels (also called pixel tags). Web beacons are tiny graphics with unique identifiers that function similar to how cookies function but, in contrast to cookies, web beacons are embedded invisibly on websites. Flash cookies collect and store information about your use of a website and are commonly used for advertisements and videos. Cookie management tools provided by your browser will not remove and cannot be used to manage Flash cookies. Click here for information on how to manage Flash cookies. Pixel tags can be placed on websites or within emails to track your interactions with those websites and when emails are opened.

How We Respond to Do-Not-Track Signals. Due to the automatic collection of data using cookies as described above, we do not honor “do not track” requests. For this reason, your selection of the “Do Not Track” option provided by your browser may not have any effect on our collection of information using cookies and tracking technologies.

However, residents of certain U.S. states may opt out by broadcasting an Opt-Out Preference Signal under applicable law, including the Global Privacy Control (GPC), depending on which browsers and/or browser extensions you use that may support such a signal. To look at extensions and browsers supporting the GPC browser signal, visit here: https://globalprivacycontrol.org/. Note that if you choose to use the GPC signal, you will need to turn it on for each supported browser or browser extension you use.

Embedded Content. The Services may incorporate content, including feeds, scripts embedded in the Services’ code, and visible content (e.g., videos), provided by third parties. In some cases, those third parties collect data about how you interact with their content. The Services may also include Google Maps features and content. Google Maps features and content is subject to the then-current versions of Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html and Google Privacy Policy at  https://www.google.com/policies/privacy/.

Our Services may use YouTube to make content in video format available to you. By accessing a part of the Services where videos are available, watching an embedded video, or otherwise interacting with any content made available through YouTube, you signify your agreement with YouTube’s terms and conditions. YouTube collects and otherwise has access to usage data (e.g., what videos you accessed and watched) through videos embedded in the Services as further described in YouTube’s Privacy Notice. YouTube adheres to Google's privacy policies and principles, part of which allow you to control certain privacy settings, and which data are collected. For more information, please visit https://www.youtube.com/howyoutubeworks/user-settings/privacy/.

Information that We Obtain from Third-Party Sources. We may obtain data about users of the Services from various third-party companies and public sources, whether offline or online (e.g., marketing companies, analytics consultants, publicly available social media profiles, other public sources of information), and we may combine that data with Collected Information. This enhances our existing information about our users and customers and improves our ability to contact you and our marketing’s relevancy.

Retention of Personal Information

We will retain your personal information for as long as it’s needed to fulfill the purposes outlined in this Privacy Notice and our Terms unless a longer retention period is required or permitted by law (e.g., tax, accounting, or other legal requirements).

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it; if that is not possible (e.g., because your personal information has been stored in back-up archives), we will securely store your personal information and isolate it from any further processing until deletion is possible.

Automated Processing

Other than as may be described in this Privacy Notice, you will not be subject to decisions based on automated information processing without your prior consent.

Your Choices and Access

The purpose of this section of the Privacy Notice is to inform you of our privacy options. Some U.S. states and other jurisdictions outside of the U.S. provide these options and rights to their residents.

Depending on the laws applicable to Company’s processing of your personal information and the location in which you reside, you may have the ability to exercise the rights listed below and in this section of the Privacy Notice. Subject to foregoing, in addition to all application limitations, exemptions, or exceptions—regarding our collection and use of your personal information—these rights may include, to the extent applicable:

• Right to Confirm: The right to confirm whether we are processing your personal information.

• Right to Access: You may have the right to request access to any of your personal information that we hold. Specifically, you may have the right to request the disclosure of (1) what personal information has been collected; (2) the categories of sources from which the personal information was collected; (3) the business or commercial purpose for collecting or selling personal information; (4) the categories of personal information sold and to what third parties it was sold to (if applicable); (5) the categories of third parties with whom we share personal information and to what third parties it was shared with; and (5) the specific pieces of personal information we have collected about you.
• Right to Data Portability: You may have the right to receive all such personal information about you from Company in a structured, commonly used and machine-readable format, and also to require us to transmit it to another entity where this is technically feasible.
• Right to Deletion: You may have the right to request the deletion of your personal information that we have collected.
• Right to Correction: You may have the right to request the correction of your personal information that we collected.
• Right to Lodge a Complaint: You also may have the right to lodge a complaint with a government regulator (e.g., your state attorney general) or supervisory authority, in particular in your country of residence, if you consider that the collection and use of your personal information violates this Privacy Notice or applicable law.

To exercise these rights, please see the “Exercise Your Rights” section of the Privacy Notice below. Additionally, if you have any concerns, complaints, or other issues with regard to our collection, use or other processing of your personal information, please contact us via the means set forth under the “Contact Us” section of the Privacy Notice below.

Additional Information for Certain U.S. Residents

Certain U.S. states require additional disclosures and provide users residing in such U.S. states with additional choices and rights. This section of the Privacy Notice only applies to individuals located in such U.S. states and where such U.S. state data protection laws apply to Company’s processing of your personal information.

Sources. Consistent with the Privacy Notice above, we collect certain categories of personal information directly from you and, in some circumstances, third parties. The categories of sources that we collect personal information from in the prior 12 months includes the following:

 

• Our third party service providers;
• Advertising networks and service providers;
• Affiliated, subsidiaries, and related companies;
• Third party websites and mobile applications (e.g., websites that share information with us or our advertising partners);
• Social media companies;
• Our Services; and
• Your communications with us.

 

No Sensitive Personal Information. We do not knowingly collect information that is considered “sensitive” under applicable law.

 

Rights. Applicable laws in your jurisdiction may grant you certain rights—subject to all applicable limitations, exemptions, or exceptions—regarding our collection and use of your personal information. In addition to those rights set forth in the “Your Choices and Access” section of the Privacy Notice above, these rights may include, to the extent applicable and to the extent granted under applicable law:

 

• The right to opt-out of targeted advertising and the sharing of personal information that is shared for cross-contextual behavioral advertising purposes;
• The right to opt-out of the sale of your personal information;
• The right to not be discriminated against due to your exercise of your rights under applicable law. We do not discriminate against users for exercising the rights granted to them under applicable law and that are applicable to our processing of your personal information.

 

We do not use your personal information to profile you via purely automated means in furtherance of decisions that produce legal or significantly similar effects (as may be defined under applicable law).

 

The above rights are only exercisable by you where the applicable law grants you the right being exerted and where no exception or exemption under applicable law applies. You may also have a registered agent (if and only as permitted under applicable law) that you authorize to act on your behalf. If you have a registered agent act on your behalf, we have the right to authenticate such agent’s authority to act. To exercise the rights described herein (only to the extent applicable), you may submit a verifiable request to us by through the methods set forth under the “Exercise Your Rights” section below.

 

Selling and Sharing. We do not sell your personal information as the concept of “selling” is traditionally understood as being the exchange of something for money. However, we sell your personal information to, and share your personal information with, third parties for the purpose of cross-contextual behavioral advertising purposes (e.g., targeted advertising and remarketing). Applicable U.S. state data protection laws hold such disclosures and sharing to be considered “selling” or “sharing”. Therefore, you have the right to opt out of such selling and sharing. In the preceding 12 months, we have sold or shared the following categories of personal information with the following categories of third parties and for the following purposes:

 

 

You have the right to opt out of the selling or sharing of your personal information as described herein. You may exercise this right to opt out by utilizing the Global Privacy Control as mentioned in the “ How We Respond to Do Not Track Signals” section above, or by clicking the “Your Privacy Choices” option in the footer of the website and changing your Cookie Settings as described on that webpage. If you have any questions, concerns, or would like more information on our ability to opt out, you can contact us by emailing: privacy@netretailers.net

We do not knowingly sell or share for cross-contextual behavioral advertising purposes, the personal information of anyone under the age of 16 years old. See the “Children’s Privacy” section of this Privacy Notice below for more information.

Your California Privacy Rights

California’s Shine the Light law permits residents to request certain details about how their “personal information” (as defined in California Civil Code Section 1798.83) is shared with third parties for their direct marketing purposes. We do not consider our data processing activities to fall into the category of sharing personal information with third parties for their own direct marketing purposes. However, to the extent Shine the Light applies to our data processing activities, you can opt out of any such disclosures by (i) utilizing the Global Privacy Control as mentioned in the “How We Respond to Do Not Track Signals” section above, or (ii) by clicking the “Your Privacy Choices” option in the footer of the website and changing your Cookie Settings as described on that webpage.

Exercise Your Rights

If this Privacy Notice expressly stated above that you have certain rights or applicable law grants you certain rights as it relates to this Privacy Notice and Collected Information, you may submit a verifiable request to us by

• Emailing: privacy@netretailers.net
• Visiting: https://www.topmodern.com/customer-service/privacy-request

 

Please note that to exercise your rights to opt-out of targeted advertising and/or the sale of your personal information, you must follow the instructions provided under the “Selling and Sharing” section of the Privacy Notice above. Only you or a registered agent (if and only as permitted under applicable law) that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. If you have a registered agent act on your behalf, we have the right to authenticate such agent’s authority to act. Without limiting the foregoing, the verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.  Making a verifiable consumer request does not require you to create an account with us.  We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

We will respond to your request within the applicable timeframe required under applicable law. If we deny your request, you can appeal such denial by emailing us at privacy@netretailers.net. If the appeal is denied, you may submit a compliant to the applicable government regulator or authority in the jurisdiction in which you are located (which, for U.S. residents, includes the state Attorney General in the state in which you reside).

Accuracy & Information Security

Personal information you provide to us should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes should be accurate, complete, and up to date.

We have implemented reasonable and appropriate administrative, technical, physical, and organizational security measures designed to help protect against the unauthorized access, unauthorized disclosure, loss, theft, misuse, and alteration of information under our control. However, Company does not and cannot guarantee that unauthorized access, unauthorized disclosure, loss, theft, misuse, and alteration of information will not occur. We do not publish all of our security measures online because this may reduce the effectiveness of our security measures. The storage and communication of information can never be completely secure.

If you become aware of any breach of the Services’ security or of this Privacy Notice, please notify us at privacy@netretailers.net immediately.

Children’s Privacy

The Services are not directed at children under 16 years of age. Company does not knowingly collect or use information from children under 16 through the Services. If a parent or legal guardian becomes aware that a child under the age of 16 has provided information to us through the Services, the parent or legal guardian should contact us using the information below under “Contact Us” and we will use commercially reasonable efforts to delete that information.

Third-Party Websites and Services

The Services may link to, or be linked to, websites, applications, or services not maintained or controlled by Company. Company is not responsible for the privacy policies or practices of any third parties or any third-party websites, applications, or services. This Privacy Notice does not apply to any third-party websites, applications, or services or to any personal or other information that you may provide to third parties. You should read the privacy policy for each website, application, and service that you visit or use.

Contact Us

If you have any questions or concerns regarding this Privacy Notice, contact us by email at privacy@netretailers.net, by telephone at 888-862-1777, or by mail at 980 N Michigan, Suite 1325 Chicago, IL 60611.

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