Effective Date March 4, 2020

TouchOfModern, Inc. d/b/a Touch Of Modern (“we,” “us,” “our,” or “Company”) knows that you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about how we use your personal information. By visiting, accessing or using the TouchofModern.com website and domain name, and any other linked pages, features, content, or application services offered from time to time by TouchOfModern in connection therewith (collectively, the “Website”), or using any of our services, you acknowledge that you accept the practices and policies outlined in this Privacy Policy.


What does this privacy policy cover?

This Privacy Policy covers TouchOfModern’s treatment of personally identifiable information (“Personal Information”) that TouchOfModern gathers when you access the Website and when you use TouchOfModern’s services. This policy does not apply to the practices of companies that TouchOfModern does not own or control (including any third-party products or services used for logging into the Website or that are integrated with the Website), or to individuals that TouchOfModern does not employ or manage.


INFORMATION COLLECTED OR RECEIVED FROM YOU

What personal information does TouchOfModern collect?

The information we gather from customers enables us to personalize and improve our services, and allows our users to set up a user account and profile that can be used to personalize their experience on the Website. The table below describes what we have collected over the last 12 months, our purpose for collecting the information, the categories of third parties with whom we have shared the information.


Data Category

Purpose and Sharing

Identifiers, e.g., name, email address, physical address, phone number, on line identifiers (such as user name), passwords

We may use this data in order to identify you, answer questions for you, improve the content of the Website, customize content you see, communicate with you about our products and services, including specials and new features, deliver goods to you (including to have a third party deliver goods to you), market to you, personalize our goods for you, associate other data with you, analyze other data we collect, consider new product offerings, and for security and fraud prevention. We also may use your first and last initial on our website along with reviews we receive from you. We share information with payment processors, fraud protection service providers, and vendors and/or delivery services if there is a direct shipment from a vendor. We also share hashed identifiers with social media platforms so that we can provide customized marketing to you through that platform. We also may use this information for personalization, and may share this information with third party analytics companies and companies that assist us with our online presence.

Personal characteristics, such as clothing size, self-identified gender, date of birth

We may use this data in order to identify you, answer questions for you, improve the content of the Website, customize content you see, communicate with you about our products and services, including specials ang, consider new product offerings. We also use date of birth information for legal compliance reasons, such as sales of alcohol and spirits. We also may use this information for personalization, and may share this information with third party analytics companies, companies that assist us with our online presence, and with payment processors and fraud protection service providers.

Commercial Information, such as payment information, purchasing history, product interests, product reviews and questions

We may use this data in order to identify you, answer questions for you, improve the content of the Website, customize content you see, communicate with you about our products and services, including specials and new features, market to you, personalize our goods for you, associate other data with you, analyze other data we collect, consider new product offerings, and for security and fraud prevention. We may share product reviews and questions about products with third party vendors of those products. We also may use this information for personalization, and may share this information with third party analytics companies, companies that assist us with our online presence, and with payment processors and fraud protection service providers.

Internet and other network activity, and device information, such as IP address, device ID, browse information and history, cookie information, operating systems, time stamps, the pages you request, mobile advertising IDs (i.e., GAID or IDFA), user settings, your use of our service and apps, etc.

Generally, our service automatically collects usage information, such as the number of visitors, how frequently you visit, and how you use our website and app’s various components. We use this data to personalize your visits, and also to troubleshoot issues. We also may use this information for personalization, and may share this information with third party analytics companies, companies that assist us with our online presence, or fraud protection service providers. In addition, we use this data in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally. This type of aggregate data enables us to figure out how customers use parts of the Website or services so that we can make the Website appealing to as many customers as possible, and improve those services. As part of this use of information, we may provide aggregate information to our partners about how our customers, collectively, use our Website or services. We share this type of statistical data so that our partners also understand how people use the Website or services, so that they, too, may provide you with an optimal online experience. We never disclose aggregate information to a partner in a manner that would identify you personally.

E-mail communications

We may receive a confirmation from you when you open an email from us, or we or our partners may collect information from you through the use of cookies if your computer or device supports this type of functionality. See the section below titled “What About Cookies?” for further information on how we and our partners use cookies. We and our partners use this information to help us make our emails more interesting and helpful, to improve the Website and our services and enhance your experience with interest based content and advertisements. We also may use this information for personalization, and may share this information with third party analytics companies, companies that assist us with our online presence, or fraud protection service providers. When you receive e-mail marketing communications from us or from one of our partners on our behalf, you can opt out of receiving further marketing e-mails from us or that partner by clicking on the "unsubscribe" link in the footer of any of the emails. Even if you unsubscribe, you may still receive emails triggered by your behavior (for example, to remind you about items you have looked at and/or added to your cart, and also to update you on the status of your orders).

Geolocation data

We may use this data in order to identify you, answer questions for you, improve the content of the Website, customize content you see, communicate with you about our products and services, including specials and new features, deliver goods to you (including to have a third party deliver goods to you), market to you, personalize our goods for you, associate other data with you, analyze other data we collect, consider new product offerings, and for security and fraud prevention. We also may use this information for personalization, companies that assist us with our online presence, and may share this information with third party analytics companies or fraud protection service providers.

Professional or employment related information

We do not collect this information from our customers or potential customers. A separate notice is provided to job applicants, employees, owners, officers, directors and independent contractors.

Educational information

We do not collect this information from our customers or potential customers. A separate notice is provided to job applicants, employees, owners, officers, directors and independent contractors.

Inferences drawn from other information

We may use this data in order to identify you, market to you, personalize our goods for you, associate other data with you, analyze other data we collect, and consider new product offerings. We also may use this information for personalization, companies that assist us with our online presence, and may share this information with third party analytics companies or fraud protection service providers.



INFORMATION THAT WE SHARE WITH THIRD PARTIES

Personal Information about our customers is an integral part of our business. We will continue to share your Personal Information as described in the chart above, and also as described below.

Affiliated Businesses We Do Not Control: We anticipate that we may become affiliated with a variety of businesses and work closely with them. In certain situations, these businesses may sell items to you through the Website. In other situations, TouchOfModern may provide services, or sell products jointly with affiliated businesses. You can easily recognize when an affiliated business is associated with your transaction, and we will share your Personal Information that is related to such transactions with that affiliated business.


Service Providers: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, TouchOfModern’s service providers do not have any right to use Personal Information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information for the above purposes.


User profiles: User profile information including users’ name, email address, and other information you enter (“User Submissions”) may be displayed to other users to facilitate user interaction within the Website. Email addresses are used to add new User Submissions to user profiles and to communicate through User Submissions. Users’ email addresses will not be directly revealed to other users by TouchOfModern, except, when the user is “connected” to another user via a shared group membership, or an invitation, or if the user has chosen to include their email address in their User Profile.


Business Transfers: In some cases, we may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that are transferred. Moreover, if TouchOfModern, or substantially all of its assets were acquired, or in the unlikely event that TouchOfModern goes out of business or enters bankruptcy, customer information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of TouchOfModern or its assets may continue to use your Personal Information as set forth in this policy.


Protection of TouchOfModern and Others: We may release Personal Information when we believe in good faith that release is necessary to comply with the law; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of TouchOfModern, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. We may in the future use and/or share Personal Information as follows:

  • To respond to subpoenas, search warrants, judicial proceedings, court orders, legal process, or other law enforcement measures, to establish or exercise our legal rights, or to defend against legal claims.

  • To investigate, prevent, or take action regarding alleged or actual illegal activities, violations of the applicable Terms of Service, or as otherwise required by law.

  • To comply with applicable laws, including laws pertaining to taxes on sales.


With Your Consent: Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.


Consent to Communications in Response to User Submissions:

As part of the Website and services, you will receive from TouchOfModern email and other communication relating to your User Submissions. You acknowledge and agree that by posting such User Submissions, TouchOfModern may send you email and other communication that it determines in its sole discretion relate to your User Submissions.


What About Cookies?

Cookies are alphanumeric identifiers that we transfer to your computer’s (or other device’s) persistent storage medium (e.g., hard drive) through your browser to enable our systems to recognize your browser and tell us how and when pages in our Website are visited and by how many people. We use cookies to enhance visitors’ experiences, to learn more about their use of the Website and to improve quality. We may also use technologies, such as our own cookies, to provide you with personalized interest-based advertising tailored to you.


Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. We strongly recommend that you leave the cookies activated, however, because cookies enable you to take advantage of some of our Website’s most attractive features.


Ads appearing on the Website may be delivered to users by our advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer or other device each time they send you an online advertisement to compile information about you or others who use your computer or device. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by TouchOfModern and does not cover the use of cookies by any advertisers.


We may use the services of third parties to collect and use information about your visits to our Website and interactions with our e-mails and Website through the use of technologies such as cookies to personalize advertisements for goods and services.


Children’s Information

Our products and services are made available only to individuals who are at least 18 years old and capable of forming a binding contract with us. We do not knowingly accept any information from anyone under the age of 18. If you are the parent of a child who has provided us with such information and wish to receive a copy of that information or have it deleted, please contact us a hello@TouchOfModern.com.



Is my Personal Information secure?

Your TouchOfModern account Personal Information is protected by a password for your privacy and security. You need to ensure that there is no unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer (or other device) and browser by signing off after you have finished accessing your account. TouchofModern may require you to change your password in connection with maintaining security or addressing fraud concerns. TouchOfModern endeavors to protect user information to ensure that user account information is kept private, however, TouchOfModern cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. The Website contains links to other sites. TouchOfModern is not responsible for the privacy policies and/or practices on other sites. When linking to another site you should read the privacy policy stated on that site. This Privacy Policy only governs information collected on the Website.


YOUR CHOICES


What Personal Information can I access or modify?

TouchOfModern allows you to access and modify the following information about you for the purpose of viewing, and in certain situations, updating or deleting that information: Your name; account and user profile information; user e-mail address; username and password; shipping addresses; payment methods; and user and email preferences. This list will change as the Website changes.


You are able to add or update certain information on pages by accessing your Account, such as those listed in the “What Personal Information Can I Access” section above. When you update information, however, we often maintain a copy of the unrevised information in our records


What choices do I have to opt-out?

  • You may request deletion of your TouchOfModern account by sending an e-mail to hello@TouchOfModern.com. Please note that some Personal Information will remain in our records after deletion of your account.
  • If you do not wish to receive email or other mail from us, please indicate this by changingg your account settings or by unsubscribing to our mailing list. Please note that if you do not want to receive legal notices from us, such as this Privacy Policy, those legal notices will still govern your use of the Website, and you are responsible for reviewing such legal notices for changes. Even if you unsubscribe, you may still receive emails triggered by your behavior (for example, to remind you about items you have looked at and/or added to your cart, and also to update you on the status of your orders).

Your California Privacy Rights


TouchofModern complies with the California privacy laws. If you are a California resident, you have certain rights with respect to your personal information. Those rights and how you may exercise them are described below. The fact that you have elected to exercise these rights will have no adverse effect on the price and quality of products you buy from us.

Right to Know. You may request that we provide you a list of the categories of personal information we have collected about you over the last 12 months, the categories of sources from which it was collected, the business or commercial purpose for collecting or selling the information, and the categories of third parties to whom we disclosed or sold that information. You may also request that we provide you in machine readable format a copy of the specific pieces of personal information we have collected about you in the past 12 months. You may make a request to know up to two times in a 12-month period, subject to limitations described in the law. For a list of general categories of information that we have collected and shared in the past 12 months, see the table above.

The following identifies the categories of information that TouchofModern has sold over the past 12 months, and the categories of third parties to which it was sold.



Information Sold

Category of Third Party

Identifiers. Hashed email addresses and hashed mobile device IDs (IDFAs)

Vendor providing identity services; vendor providing targeted advertising.



Right to Delete. You may request that we delete any personal information that we have collected from you. The law, however, exempts certain information from deletion. For example, we may keep information necessary for security and fraud detection. We also may keep information needed to provide you goods or services. When we respond to your request to delete, we will explain what (if any) information we have kept and why. Please note that the law does not consider anonymized or pseudonymized information to be “personal information,” and we may “delete” your information by anonymizing or pseudonymizing it.


Right to Request Information About Disclosure to Third Parties for their Direct Marketing Purposes. You may request information about our disclosure of personal information to third parties or affiliated companies for their direct marketing purposes. To make such a request, please email us at hello@touchofmodern.com. Please allow up to 30 days for us to process your request. You may submit such a request once per year.


Non-Discrimination. You have the right to be free from discrimination for using these rights. We will not deny you products or services, charge you different rates, or give you different discounts because you used any of these rights.


How to Make a Request. You may make a request to know or delete by emailing hello@touchofmodern.com, submit your request online on our Website [https://www.touchofmodern.com/account/support]. When you make a request, we will take steps to verify your identity before responding. This is to protect your information. We will ask you to provide us your email and physical addresses. If you maintain an account with us, these must match the address connected to your account. We will then send you a physical letter to this address with a one-time code. You must email us this code from the email address you provided to us. Once you do, we will respond to your request.


Authorized Agent. You may also designate an authorized agent to make data subject right requests on your behalf. We will require verification that you did, in fact, authorize the representative. Unless the law requires otherwise, your authorized agent must provide contact details for you. We will contact you to confirm that you authorized the agent. Once you confirm, we will promptly respond to the rights request.


Obtain More Information. If you have questions, please contact: hello@touchofmodern.com with “California Privacy Rights” in the subject line or by writing to us at TouchOfModern, Inc., d/b/a Touch of Modern, 1025 Sansome Street, San Francisco, California 94111.


Right to Opt Out. California residents also have a right to opt out of the “sale” of personal information to “third parties.” As of January 2020, TouchofModern does not sell personal information.


No Collection from Minors. As stated in its Terms of Service, TouchofModern offers its website and app only to persons age 18 and older who are able to enter into contracts, and therefore does not collect any personal information from minors under 16 years of age, so has not and will not sell personal information of minors under 16 years of age.



California Do Not Track and Third Party Collection Disclosure

Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. At this time, we do not recognize or respond to Do Not Track browser settings or signals and we will still receive information. As a result, we may still collect information about you and your internet activity, even if you have turned on the Do Not Track signal. It is possible that some or all of our third-party advertising partners or members of their affiliate network may participate in a consumer opt-out programs. To learn more about internet-based advertising and consumer opt-out programs go to http://aboutads.info/choices/ or http://www.networkadvertising.org/choices/. We do not operate or control these sites, and are not responsible for the opt-out choices available there.


Touch of Modern does not knowingly allow third parties to collect personally identifiable information about user’s online activities over time and across different sites when consumer use our website or app.


Changes to this privacy policy

TouchOfModern may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes in the way we use Personal Information, we will notify you by posting an announcement on our Website or sending you an email. Users are bound by any changes to the Privacy Policy when he or she uses the Website after such changes have been first posted.


Questions or concerns

If you have any questions or concerns regarding privacy on our Website, please send us a detailed message at hello@touchofmodern.com or write to us at TouchOfModern, Inc., d/b/a Touch of Modern, 1025 Sansome Street, San Francisco, California 94111 . We will make every effort to resolve your concerns.