Last Updated: January 1, 2020
2. Personal Information We Collect. The types of Personal Information we collect and our privacy practices depend on whether you are a customer, account holder, or visitor to our Services (together, “Individuals”) and the requirements of applicable law.
Below are the ways we collect Personal Information and how we use it:
(a) Information You Provide to Us.
- Account Creation. If you engage with us and request a design consultation, we will create a Contact Record and will ask you for your name, email address, phone number and address in which the installation may take place. If you register on our Site for an ecommerce transaction, we will, at a minimum ask for your name, email address and to create a password.
- Orders. If you place an order with California Closets or make a purchase on our Site, we will record the Personal Information and details associated with the transaction. For example, we will collect the items you purchase, your billing and shipping address, phone number, and payment information. Please note that we use a third-party service provider to collect and process payment card information on the Site. California Closets does not directly collect or store any payment card information provided to the Site, but it may receive information associated with your payment card information (e.g., your billing details).
- Communications with Us. We may collect Personal Information from you such as email address, phone number, or mailing address when you request information about our Services, request customer or technical support, or otherwise communicate with us.
- Showroom Interactions. We may collect Personal Information from Individuals who interact with or express an interest in California Closets and/or the Services during visits to one of our California Closets showrooms. For example, Individuals may provide us information through one of the in-showroom iPad consoles.
- Customer Service and Support. If you call or otherwise interact with California Closets’ customer service and support, we may collect the information you provide to our representatives. In addition, we may record telephone calls between you and our representatives for training and quality assurance purposes.
- Surveys. We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include Personal Information.
- Interactive Feature We may offer interactive features such as chat services, forums, user-generated Site reviews of products/Services, and social media pages. We may collect the information you submit or make available through these features. Any content you provide on the public sections of these channels will be considered “public” and will not be subject to the privacy protections referenced herein.
- Automatic Data Collection. We may collect certain information automatically when you use the Services. This information may include your Internet protocol (IP) address, user settings, IMEI, MAC address, Technologies including cookie identifiers, mobile advertising and other unique identifiers, mobile carrier, details about your browser, operating system or device, location information, Internet service provider, pages that you visit before, during and after using the Services, information about the links you click, and other information about how you use the Services. Information we collect may be associated with Accounts and other devices.
(b) Information from Other Sources. We may obtain information about you from other sources, including through third-party services and organizations, to supplement information provided by you. For example, if you access our Services through a third-party application, such as an App Store, a third-party login service, or a social networking site, we may collect information about you from that third-party application that you have made available via your privacy settings. This supplemental information allows us to verify information that you have provided to us and to enhance our ability to provide you with the Services.
3. How We Use Your Information. We Process Personal Information about Individuals for a variety of business purposes, including:
(a) To Provide Products, Services, or Information Requested.
- Manage and fulfill orders;
- Respond to questions, comments, and other requests;
- Provide access to certain areas, functionalities, and features of our Services;
- Answer requests for customer or technical support; and
- Allow you to register for events.
(b) Administrative Purposes.
- Improve our products and Services;
- Develop new products and services;
- Ensure internal quality control;
- Verify Individual identity;
- Communicate with you about your Account, activities on our Site and Services and policy changes;
- Process your payment card information and/or other payment methods for products or Services purchased;
- Prevent potentially prohibited or illegal activities; and
- Enforce our Terms of Service.
(c) Marketing Our Products and Services. We may use Personal Information to tailor and provide you with materials about offers, products, and services that may be of interest to you. We may provide you with these materials by email, phone and SMS message (including via automatic telephone dialing system), and/or postal mail, as permitted by applicable law. Consent is not required as a condition to purchase products or services. Message and data rates may apply.
You may contact us at any time to opt out of the use of your Personal Information for marketing purposes as described below.
(d) De-identified and Aggregated Information Use. We may use Personal Information and other information about you to create de-identified and/or aggregated information, such as de-identified demographic information, de-identified location information, de-identified or aggregated trends, reports, or statistics, information about the computer or device from which you access our Services, or other analyses we create. De-identified and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Site and Services. De-identified and aggregated information is not Personal Information, and we may use and disclose such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes.
(e) Sharing Content with Friends or Colleagues. California Closets’ Services may offer various tools and functionalities. For example, California Closets may allow you to provide information about your friends through our referral services. Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services. Email addresses that you may provide for a friend or colleague will be used to send your friend or colleague the content or link you request, but will not be collected or otherwise used by California Closets or any other third parties for any other purpose.
(f) Other Uses. California Closets may use Personal Information to pursue legitimate interests, such as direct marketing, research (including marketing research), network and information security, and fraud prevention. In addition, California Closets may use Personal Information for other purposes that are clearly disclosed to you at the time you provide Personal Information or with your consent.
Cookies. Cookies are small text files placed in visitors’ device browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Services may not work properly.
Pixel Tags/ Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the Site that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.
Our uses of such Technologies fall into the following general categories:
- Operationally Necessary. This includes Technologies that allow you access to our Services that are required to identify irregular behavior, prevent fraudulent activity and improve security or that allow you to make use of our functions;
- Performance Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how our visitors use the Services;
- Functionality Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services and keeping track of your specified preferences or past pages viewed;
- Advertising or Targeting Related. We may use first-party or third-party Technologies to develop and deliver content, including ads relevant to your interests, on our Services or on third-party sites.
(i) Third Party Websites/Applications and Software Development Kits. The Services may contain links to other websites/applications and other websites/applications may reference or link to our Site or other Services. These other domains and websites are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.
We may use third party APIs and software development kits (“SDKs”) as part of the functionality of our Services. APIs and SDKs may allow third parties including advertising partners to collect your Personal Information to provide content that is more relevant to you. For more information about our use of APIs and SDKs, please contact us as set forth below.
4. How We May Disclose Your Information.
(a) We Use Service Providers. We may share any Personal Information we collect about you with our third-party service providers. The types of service providers to whom we entrust Personal Information include service providers for: (i) the provision of the Services; (ii) provision of marketing, information and services you have requested; (iii) payment processing and tax calculation; (iv) customer service activities; and (v) provision of IT and related services.
(b) California Closets Corporate Family. We may share the information we collect with members of the California Closets family of entities (including franchises) for various purposes, including to: (i) provide the Services and related offerings to you; (ii) help detect and prevent
potentially illegal and fraudulent acts and other violations of our policies and agreements; and (iii) manage and improve California Closets’ products, Services and tools.
For example, when you make a purchase on our Site, we may use your address to infer the California Closets franchise closest to you. We may provide this California Closets franchise (and a designer that works there) with your information in order to provide you with support and/or assistance.
(c) Business Partners. We may provide Personal Information to business partners to provide you with a product or service you have requested. We may also provide Personal Information to business partners with whom we jointly offer products or services. In such cases, our business partner’s name will appear along with ours.
(d) Marketing – Interest-Based Advertising and Third -Party Marketing. Through our Services, California Closets may allow third-party advertising partners to set Technologies and other tracking tools to collect information regarding your activities and your device (e.g., your IP address, mobile identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit third party websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising.” We may allow access to other data collected by the Site and Services to share information that may be useful, relevant, valuable or otherwise of interest to you. If you prefer not to share your Personal Information with third party advertising partners, you may follow the instructions below.
(e) Disclosures to Protect Us or Others. We may access, preserve, and disclose your Personal Information if we believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) protect your, our or others’ rights, property, or safety; (iii) to collect amounts owed to us; (iv) when we believe disclosure is necessary or appropriate to prevent financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (v) if we, in good faith, believe that disclosure is otherwise necessary or advisable.
(f) Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract.
5. International Data Transfers. You agree that all information Processed by us may be transferred, Processed, and stored anywhere in the world, including but not limited to, the United States, the European Union, and/or other countries. Personal Information may be stored in the cloud, on our servers, on the servers of our affiliates or the servers of our service providers.
6. Your Choices.
(a) General. You may have the right to object to or opt out of certain uses of your Personal Information. Where you have consented to the Processing of your Personal Information, you may withdraw that consent at any time by contacting us as described below.
(c) “Do Not Track”. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
(d) Cookies. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits.
7. Access, Rectification, Erasure, and Restriction. In accordance with applicable law, you may have the right to: (i) request confirmation of whether we are Processing your Personal Information; (ii) obtain access to or a copy of your Personal Information; (iii) receive an electronic copy of Personal Information that you have provided to us, or ask us to send that information to another company (the “right of data portability”); (iv) restrict our uses of your Personal Information; (v) seek correction or amendment of inaccurate, untrue, incomplete, or improperly Processed Personal Information; and (vi) request erasure or deletion of Personal Information held about you by California Closets, subject to certain exceptions prescribed by law. California residents can access information about their rights in this regard by consulting our California Privacy Notice. If you would like to exercise any of these rights, please contact us as set forth below.
We will process such requests in accordance with applicable laws. To protect your privacy, California Closets will take steps to verify your identity before fulfilling your request.
8. Security of Your Information. We implement and maintain reasonable security appropriate to the nature of the personal information that we collect, use, retain, transfer or otherwise process. Our reasonable security program is implemented and maintained in accordance with applicable law and relevant standards. However, there is no perfect security, and reasonable security is a process that involves risk management rather than risk elimination. While we are committed to developing, implementing, maintaining, monitoring and updating a reasonable information security program, no such program can be perfect; in other words, all risk cannot reasonably be eliminated. Data security incidents and breaches can occur due to vulnerabilities, criminal exploits or other factors that cannot reasonably be prevented. Accordingly, while our reasonable security program is designed to manage data security risks and thus help prevent data security incidents and breaches, it cannot be assumed that the occurrence of any given incident or breach results from our failure to implement and maintain reasonable security.
By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Site, by sending an e-mail to you, or by postal mail.
9. Children’s Information. The Site and Services are not directed to children under 13 (or other age as required by local law), and we do not knowingly collect or sell the Personal Information of minors under 16. If you learn that your child has provided us with Personal Information without your consent, you may contact us as set forth below. If we learn that we have collected any Personal Information in violation of applicable law, we will promptly take steps to delete such information.
10. California Privacy Rights. If you are a California resident, you may have additional rights regarding your Personal Information, including rights to access or delete such information, in accordance with California law. To learn more about your California privacy rights, see our California Privacy Notice
11. Nevada Privacy Rights. If you are a Nevada resident, you may have the right under Nevada law to opt out of the sale of Personal Information to non-affiliated third parties who buy or receive data from us and, in turn, license or sell it to others. We do not sell Personal Information as defined by Nevada law.
12. Supervisory Authority. If you are located in the European Economic Area, you have the right to lodge a complaint with a supervisory authority if you believe our Processing of your Personal Information violates applicable law.
14. Contact Us.
California Closet Company, Inc.
Attn: Corporate Counsel
1414 Harbour Way S., Suite 1750
Richmond, CA 94804
“Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. It does not include de-identified or aggregate information, or public information lawfully available from governmental records.
“Process” or “Processing” means any operation which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.