California Consumer Notice of Collection
Types of Information We Collect
The types of Personal Information we collect about you depends on how you interact with us. “Personal information” refers to information that identifies, relates to, describes, or can be associated with you. Depending on the Services you use, the following are the categories and specific types of Personal Information that we may collect:
- Contact Information/Identifiers, including name, email address, postal address, phone number, username, account information, business contact information, or other similar identifiers.
- Information Specific to the Services, including, in certain instances, tour schedules or appointments, order history, and preferences.
- Demographic Information, including age, gender, and household information, some of which may include characteristics of protected classifications under state or federal law.
- Device Information and Other Unique Identifiers, device identifier, internet protocol (IP) address, or similar unique identifiers.
- Internet or Other Network Activity, including browsing or search history, and information regarding your interactions with our websites, mobile applications, emails, or advertisements.
- Geolocation Data, including information that permits us to determine your location, such as if you manually provide location information or enable your mobile device to send us precise location information.
- Inferences, inferences drawn from or created based on any of the information identified in this section.
- Sensitive Personal Information (where permitted and in accordance with applicable law), of the information listed above, username and password are also considered to be Sensitive Personal Information.
The provision of the Sensitive Personal Information listed above is generally voluntary, but in certain instances, we will not be able to process your request for our Services without the requested Sensitive Personal Information.
Sources of Information
We collect your Personal Information in the following ways, pursuant to applicable law:
- Directly From You, when you use our Services, register for an account, contact us, respond to a survey, sign up to receive emails, text messages, and/or postal mailings.
- From Our Third-Party Partners, including from third parties that we have partnered with to provide you the Services that you have requested from us.
- Other Sources, including publicly available sources.
Use and Processing Of Information
- To provide you the Services.
- To identify you when you visit our websites.
- To improve our Services and offerings.
- To conduct analytics.
- To respond to inquiries related to support or other requests.
- To send marketing and promotional materials including information relating to our services, sales, or promotions, or those of our business partners.
- For internal administrative purposes, as well as to manage our relationships.
- We use Personal Information to comply with our legal or regulatory obligations, to establish or exercise our rights, and to defend against a legal claim.
- We use Personal Information to detect, investigate, prevent, or take action regarding possible malicious, deceptive, fraudulent, or illegal activity, including fraudulent transactions, attempts to manipulate or violate our policies, procedures, and terms and conditions, security incidents, and harm to the rights, property, or safety of Apartment Therapy and our users, customers, employees, or others.
Use of Sensitive Personal Information
With regard to Sensitive Personal Information, we only use your Sensitive Personal Information to provide you with the requested Services and to administer your account.
Disclosure Of Information
- Within Apartment Therapy. We may disclose your Personal Information with our corporate affiliates (e.g., parent company, sister companies or subsidiaries, and other companies under common control) or joint ventures to which we are a party.
- Acquisitions. If another company acquires, or plans to acquire, our company, business, or our assets, we will also disclose information with that company, including at the negotiation stage.
- Government Entities or Regulators. We may disclose information in response to subpoenas, warrants, or court orders, or in connection with any legal process, or to comply with relevant laws. We may also disclose your information in order to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies, or to comply with your request for the shipment of products to or the provision of services by a third party intermediary.
- Public. Our website may provide the opportunity to post comments in chat rooms, message boards, bulletin boards or similar public forums where you and other users of our website can communicate. If you decide to submit information on these pages, that information may be publicly available.
- Service Providers. We may disclose your information with service providers. Among other things service providers may help us to administer our website, conduct surveys, provide technical support, process payments, and assist in the fulfillment of orders.
Legal Basis for Processing Your Information
- With Your Consent: In certain instances, we ask for your consent to process your Personal Information for specific purposes. Provision of your consent is voluntary, and you have the right to withdraw your consent at any time.
- To Perform a Contract With You: We will process your Personal Information when processing of your Personal Information is necessary for the evaluation, execution or performance of a contract with you.
- When We Have Legal Obligations: We will process your Personal Information when we have a legal obligation to do so, for example, if we are responding to a legal process or an enforceable government request, including law enforcement.
In some cases, your provision of Personal Information may be required by a statutory or contractual obligation.
Cookies and Similar Tracking Technologies
We differentiate between cookies that are essential for the technical features of the Services and optional analytics and advertising cookies.
- Essential Cookies: These are cookies that the Services need in order to function, and that enable you to move around and use the Services and features. Without these essential cookies, the Services will not perform as smoothly for you as we would like them to and we may not be able to provide the Services or certain services or features you request. Examples of where these cookies are used include to determine when you are signed in, to determine when your account has been inactive, and for other troubleshooting and security purposes.
- Analytics Cookies: Analytics cookies allow us to understand more about how many visitors we have to our Services, how many times they visit us, and how many times a user viewed specific pages within our Services. Although analytics cookies allow us to gather specific information about the pages that you visit and whether you have visited our Services multiple times, we cannot use them to find out details such as your name or address. We use Google Analytics. For more information about Google Analytics, please refer to “How Google Uses Information From Sites or Apps that Use Our Services,” which can be found at https://policies.google.com/technologies/partner-sites, or any other URL Google may provide from time to time.
You may have certain rights regarding your Personal Information. The rights available to you depend on our reason for processing your Personal Information and the requirements under applicable law (i.e., your rights will vary depending on whether you are located in, for example, California, Virginia, the European Union, or United Kingdom). Specifically, you may have the following rights:
- Access to Your Personal Information. You have the right to request access to the Personal Information we hold about you, along with other information such as the purposes of the processing, the recipients or categories of recipients to whom the Personal Information has been or will be disclosed, the sources of the Personal Information, retention, and transfers of Personal Information.
- Correction/Changes to Your Personal Information. You have the right to request correction of inaccurate Personal Information we have about you. Depending on the purposes of the processing, you may have the right to have incomplete Personal Information completed, including by means of providing a supplementary statement. As noted above, you may also be able to correct your information in your account or profile.
- Deletion of Your Personal Information. You have the right to request that we delete your Personal Information.
- Data Portability. Under certain circumstances, you have the right to receive the Personal Information about you that you have provided to us, in a structured, commonly used, and machine-readable format.
- Automated Processing. Under certain circumstances, you have the right to object to a significant decision based solely on automated processing (i.e., without human intervention) unless that decision is required or authorized by law.
- Revocation of Consent. Where we rely on your consent to process your Personal Information, you have the right to withdraw that consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal.
- The following categories of Personal Information disclosed are considered “sale”/ “sharing” under California law: direct identifiers, device information, and geolocation data.
- The following categories of third parties to whom Personal Information was disclosed are considered “sale”/ “sharing” under California law: social media platforms and networks.
- Right to Opt Out of our Use of your Sensitive Personal Information (in certain instances and if permissible under applicable law). We do not currently use or disclose Sensitive Personal Information for purposes other than those which cannot be limited under applicable law.
Please note that many of the above rights are subject to exceptions and limitations. Your rights and our responses will vary based on the circumstances of the request. If you choose to assert any of these rights under applicable law, we will respond within the time period prescribed by such law. In some cases, we may limit or deny your requests to access or delete your information. This may occur because the law permits or requires us to do so, or if we are unable to adequately verify your identity.
If you are located in the State of California in the United States, a person authorized to act on your behalf may make a verifiable request related to your Personal Information. If you designate an authorized person to submit requests to exercise certain privacy rights on your behalf, we will require verification that you provided the authorized agent permission to make a request on your behalf.
In any circumstances, your request must: (i) provide sufficient information that allows us to reasonably verify that you are the person about whom we collected Personal Information or an authorized representative of that person; and (ii) describe the request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
You may be able to make the following choices regarding your Personal Information:
- Promotional Emails. You may choose to provide us with your email address for the purpose of allowing us to send free newsletters, surveys, offers, and other promotional materials to you, as well as targeted offers from third parties. You can stop receiving promotional emails by following the unsubscribe instructions in emails that you receive. If you decide not to receive promotional emails, we may still send you service-related communications.
- Promotional Text Messages. If you receive a text message from us that contains promotional information you can opt-out of receiving future text messages by replying “STOP.”
How We Protect Information
No method of transmission over the Internet, or method of electronic storage, is fully secure. While we use reasonable efforts to protect your Personal Information from unauthorized access, use, or disclosure, we cannot guarantee the security of your Personal Information. In the event that we are required by law to inform you of a breach to your Personal Information we may notify you electronically, in writing, or by telephone, if permitted to do so by law.
Our website permits you to create an account. When you do you will be prompted to create a password. You are responsible for maintaining the confidentiality of your password, and you are responsible for any access to or use of your account by someone else that has obtained your password, whether or not such access or use has been authorized by you. You should notify us of any unauthorized use of your password or account.
Other Important Information
The following additional information relates to our privacy practices:
- Retention. We apply a general rule of keeping Personal Information only for so long as is required to fulfill the purpose for which it was collected. However, in some circumstances, we will retain your Personal Information for longer periods of time. We will retain Personal Information for the following purposes: (i) as long as it is necessary and relevant for our operations and to provide the Service, e.g. so that we have an accurate record of your dealings with us in the event of any complaints or challenge; and (ii) in relation to Personal Information from closed accounts to comply with applicable laws, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigation, and take other actions as permitted by law.
- Commercially Recognized Opt-Out Signal. Apartment Therapy generally recognizes commercially recognized opt-out preference signals (e.g., Global Privacy Controls, Do Not Track). Recognition of this signal applies only to the specific device and/or browser that communicates the signal and does not cross over to all devices/browsers you use to access the Services.
- Accessibility. If you are visually impaired, you may access this notice through your browser’s audio reader.
- Children. Our Services are not intended for persons under 16 years of age. We do not knowingly sell the Personal Information of minors under 16 years of age. If we learn that we have collected Personal Information from persons under 16 through our Services, we will take appropriate steps to delete this information.
If you have any questions, comments, or complaints concerning our privacy practices please contact us at the appropriate address below. We will attempt to respond to your requests and to provide you with additional privacy-related information.
Apartment Therapy, LLC
270 Lafayette Street, Suite 1300
New York, New York 10012
Attn: Privacy Request
1 (866) 517-0055
If you are not satisfied with our response, and are in the European Union, you may have a right to lodge a complaint with your local supervisory authority.
Effective Date: June 8, 2023 | Last Update: June 8, 2023