“Personal Information”, is any information that enables us to identify you, directly or indirectly, such as your email address, name, shipping and billing address, telephone number, company name, credit card information, any form of identification number or one or more factors specific to your physical, physiological, mental, economic, cultural or social identity.
For the purposes of the EU General Data Protection Regulation 2016/679 (the “GDPR”), the data controller is YourLuxeCloset.com, Inc., whose registered office is at 51 Astor Place, 3rd Floor, New York, NY 10003 United States.
2. Information YourLuxeCloset.com collects from you.
a) Information you give us
Communicating with us. In general, you can visit the Site without telling us who you are or revealing any information about yourself. However, if you correspond with us through our Contact Us page, by phone, email or otherwise, we will retain the Personal Information that you provide. This includes Personal Information you provide when participating in discussion boards or social media functions on the Site, and when you report a problem with the Site.
Communicating with other users. Users can contact sellers to negotiate a sale or make a purchase by contacting the seller using a telephone number displayed on the Site which is operated by us. When a user connects with a seller by telephone that call may be recorded by us to log transactions and for training and quality assurance purposes.
Creating an account. To take advantage of some of our services you are required to register and create an account via the Sign Up page on our Site. When you open an individual account at YourLuxeCloset.com, we ask you to provide Personal Information (such as your name, address, phone number, email address, business affiliation and contact information). All YourLuxeCloset.com account holders are required to create a user password that, combined with your login email address, allows access to your account. This Personal Information is used to identify you as a YourLuxeCloset.com registered user.
Saving an item. Users may save items to their favorites by clicking the heart or folder icon for an item. If you have created an account, your saved items are stored in the favorites folders associated with your account. Items are saved until you remove them.
Facebook log-in. As part of our services, we offer you the option of creating an individual account with YourLuxeCloset.com using your Facebook profile. If you select this option, we will automatically collect selected Personal Information about you from your Facebook account. The Personal Information we collect depends on your privacy settings for sharing such Personal Information, and may include name, profile picture, age range, gender, language, country and other public information.
Google Sign-in. As part of our services, we offer you the option of creating an individual account with YourLuxeCloset.com using your Google profile. If you select this option, we will automatically collect selected Personal Information about you from your Google account. The Personal Information we collect depends on your privacy settings for sharing such Personal Information, and may include name, email address, language preference, and profile picture, and other public information; however, the only information that will be stored will be your name and email address.
Creating a seller account. When you open a seller account with YourLuxeCloset.com, you will also be required to provide Personal Information such as information about your company and any reseller or trade association information. You will also be asked to provide references which may include Personal Information relating to third parties. Please ensure that those third parties have consented to the use of their Personal Information by 1stdib.com for the purposes of confirming your identity or the identity of your company.
Making a purchase. YourLuxeCloset.com is a marketplace offering a forum for sellers to offer items for sale and for buyers to browse, and make purchases. When you make an offer, we will ask you to provide credit card or other payment details as well as shipping information for orders.
b) Information we collect about you
With regard to each of your visits to the Site we automatically collect the following information:
Technical Information. This includes browser type and version (e.g. Internet Explorer, Firefox, Chrome, Safari), operating system (e.g. Windows, Macintosh), IP address, device type, time zone setting and Internet domain (e.g. AOL, Hotmail).
Information about your visit. This includes the pages you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number.
Location information. YourLuxeCloset asks mobile users whether they will permit us to collect information about their location. We collect location information only from mobile users who have agreed to provide that information.
We do not treat this information as Personal Information, except where the information can identify you when associated with other Personal Information we hold or where we are required to do so under applicable law.
3. Children’s privacy
5. Uses of your Personal Information
a) We may use the Personal Information you give us for our legitimate commercial interests including, among other things:
– to respond to your inquiries and to provide you with the information, products and services that you request from us;
– to provide information on the products or services of our registered sellers with whom you are placed in touch with in connection with a prospective purchase;
– to verify that you qualify as a member of the Site;
– to send you communications about (1) our own products and services, (2) products and services offered by sellers or advertisers on our Site and (3) products and services of third parties (those not offered by sellers on our Site) that we think you may find of interest, provided you have given your consent;
– where the processing is required in order to enforce or apply our User Agreement and other agreements you have entered into; and
– to contact you as necessary.
b) We may use the Personal Information we collect in either an identifiable or an anonymized form (independent of any personal identifiers):
– to administer the Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
– to improve the Site and to customize the content you see on the Site;
– as part of our efforts to keep the Site safe and secure;
– to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; and
– to do internal research on our Site visitors’ interests and behaviors to better understand and serve our members.
We use email as the primary form of communicating transactional and relationship information with registered sellers and registered Site users. We may send mobile users notifications through the application but only if the user has agreed to receive notifications from us in their preferences. Preferences can be changed via Settings at any time. We may also use your street addresses and telephone numbers to provide these communications.
6. Sharing of your Personal Information
We reveal your Personal Information to unaffiliated third parties when you request or authorize it, or to help complete a transaction for you which you have requested.
Where you use our Site to enter into a transaction or correspond with another individual or business registered as a seller on our Site, we provide your Personal Information to that other party in order to facilitate the transaction or the correspondence you have requested. Once your offer is submitted, your Personal Information will be delivered by YourLuxeCloset.com to that seller, and your order will be placed.
When a US user contacts a seller, YourLuxeCloset may share your search terms, or items you have viewed, saved, or purchased with that seller. You can disable sharing this information with sellers by updating the profile preferences in your account.
Third parties who will have access to your Personal Information include (without limitation) sellers selling items on the Site that you have contacted or made a purchase from, shipping companies selected by you or the dealer, and payment processors completing a transaction at your request.
Sellers from whom you purchase items may use your Personal Information for their own purposes including marketing purposes. Sellers will have their own privacy practices regarding the information they receive. We encourage you to read such applicable privacy policies. We are not responsible for the processing of your Personal Information by such third parties.
We may share your Personal Information with other companies or agents affiliated to YourLuxeCloset.com who have been carefully selected and who perform functions on our behalf (e.g., analyzing data, providing marketing assistance, providing customer service, processing orders, etc.).
We will only transfer your Personal Information to trusted third parties who provide sufficient guarantees in respect of the technical and organizational security measures governing the processing to be carried out and who can demonstrate a commitment to compliance with those measures.
Where third parties are processing Personal Information on our behalf, they will be required to agree, by contractual means or otherwise, to process the Personal Information in accordance with the applicable law. This contract will stipulate, amongst other things, that the third party and its representative shall act only on our instructions, or as permitted by law.
These companies may use your information for their own purposes including marketing to you where you have consented to receive notifications relating to their products and services. We may also disclose your Personal Information to comply with the law, applicable regulations, governmental and quasi-governmental requests, court orders or subpoenas, to enforce our User Agreement or other agreements, or to protect our rights, property or safety or the rights, property or safety of our users or others (e.g., to a consumer reporting agency for fraud protection etc.).
In the event of a corporate transaction, such as the purchase, sale or other transfer of all or part of our services or assets, we may transfer your Personal Information along with those assets or services to a prospective transferee.
7. International transfers
The Personal Information we receive may be held on our computers and systems in the European Union and in the computers and systems of our offices and data centers in the United States and may be accessed by or given to our staff working outside the European Union.
Your Personal Information may be processed by us in the United States, where laws regarding data protection may be less stringent than the laws in your country. By using this Site and by providing any Personal Information to the Site, all users, including without limitation users in Canada and the European Union, fully understand and unambiguously consent to the collection and processing of such Personal Information in the United States.
In addition, sellers registered on the Site are located around the world. Due to the nature of our business and to enable us to offer goods and services worldwide, your Personal Information may be transferred to and held by merchants or sellers in any country in the world. By using this Site and by providing any Personal Information to the Site, all users, including without limitation users in Canada and the European Union, fully understand and unambiguously consent to the collection and processing of such Personal Information by such third parties.
8. How you can access and amend your Personal Information.
You are required to provide us with accurate and up to date Personal Information. YourLuxeCloset.com gives you the ability to amend your Personal Information at any time by accessing your account on our Site (by clicking on the “account details” link on the website homepage or the Account icon on the mobile application), modifying the Personal Information on your account page, acknowledging our User Agreement by clicking on the box at the bottom of the page and then clicking on submit.
If you do not want to share search terms, or items you have viewed, saved, or purchased history with sellers you contact, you can update your profile preferences on your account page at any time.
You can ask us whether we are keeping Personal Information about you and you can ask to receive a copy of that Personal Information. Before sending you any Personal Information, we will ask you to provide proof of your identity. If you are not able to provide proof of your identity, we reserve the right to refuse to send you any PersonalInformation. We will respond as quickly as we can to your requests for details of Personal Information we hold about you.
As a registered user of the Site, you are responsible for maintaining the confidentiality of your username and password. Please keep your user ID and password confidential.
If you share your computer, we recommend that you log-out and close your browser window after visiting the Site in order to protect the confidentiality of your Personal Information including your credit card information, your offer status and buying history.
You agree to accept responsibility for all activities that occur under your account or password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to refuse service, terminate accounts, or remove or edit content at our sole discretion.
We use reasonable physical, electronic, and administrative safeguards to help us protect the security, integrity and confidentiality of data stored on our system. The Site encrypts your credit card number and other Personal Information using secure socket layer (SSL) technology to provide for the secure transmission of the Personal Information from your PC to our servers.
SSL is an industry-standard protocol for encryption over the Internet. While no system is 100% secure, we believe that the measures we have implemented minimize the risk of a security breach to an appropriate level given the types of Personal Information involved. Please note that any Personal Information you provide us by email is unencrypted.
Please note that transmission of Personal Information via the internet is not completely secure and although we will endeavor to protect your information, we cannot guarantee the security of your information transmitted to our Site; any transmission is therefore at your own risk. Once we have received your information, we will use procedures and security features to try to prevent unauthorized access, however.
10. Opt- out
If you do not wish to receive offers or other notices from us in the future, you can “opt-out” by changing your preferences in My Account or by contacting us at the address indicated at the end of this policy. We will try to complete your request as promptly as possible. You can elect not to receive emails from us either by “unsubscribing” to an email you receive or by contacting us as indicated below. Any changes will affect only future uses of your information.
11. Privacy Rights (Europe).
For individuals within the EEA only. Under the GDPR, in certain circumstances, you have the right to: (a) request access to any Personal Information we hold about you and related information, (b) obtain without undue delay the rectification of any inaccurate Personal Information, (c) request that your Personal Information is deleted provided the Personal Information is not required by YourLuxeCloset.com for compliance with a legal obligation under European or Member State law or for the establishment, exercise or defense of a legal claim, (d) prevent or restrict processing of your Personal Information, except to the extent processing is required for the establishment, exercise or defense of legal claims; and (e) request transfer of your Personal Information directly to a third party where this is technically feasible.
12. Privacy Rights (California).
California Consumer Privacy Act (“CCPA”)
Under the CCPA, effective January 1, 2020, verified California residents have the right to:
- request and receive disclosure of YourLuxeCloset’ personal information data collection practices during the prior twelve (12) months, including the categories of personal information we collect, the categories of sources of such information, our business purpose* for collecting or sharing such information, and the categories of third parties with whom we share such information;
- request and receive a copy of the personal information we have collected about them during the prior twelve (12) months;
- request and receive disclosure of our information sharing practices during the prior twelve (12) months, including a list of the categories of personal information sold with the category of third party recipients and a list of the categories of personal information that we disclosed for a business purpose;
- request that we not sell personal information about them; and
- request that we delete (and direct our service providers to delete) their personal information (subject to certain exceptions).
If you have questions about your CCPA Rights, please email us at privacypolicy@YourLuxeCloset.com or visit our CCPA Request Page. For purposes of the CCPA personal information means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household.
Making CCPA Requests. In order to make a request for disclosure California residents may email us at privacypolicy@YourLuxeCloset.com or visit our CCPA Request Page. We will ask you for information that allows us to verify that you are the person about whom we collected personal information, and will use that information only for that purpose. We may request that you submit a signed statement that you are the individual you claim to be. We cannot respond to your request or provide you with personal information if we cannot verify your identity and confirm that the personal information relates to you. We will acknowledge receipt of your request within ten (10) days and will endeavor to respond within forty-five (45) days of receipt of your request, but if we require more time, we will notify you of our need for additional time and may take up to an additional forty-five (45) days. We cannot respond to your request or provide you with personal information if we cannot verify your identity and confirm that the personal information relates to you.
You may make a request for disclosure of our information collection practices, the information we collected about you, or our information sharing practices twice within a twelve (12) month period, and may make a deletion request at any time. We will try to respond within forty-five (45) days of receipt of your request, but if we require more time, we will notify you of our need for additional time and may take up to an additional forty-five (45) days.
For requests for a copy of the personal information we have collected during the previous twelve (12) months prior to your request, we will try to provide the information in a format that is readily useable, including by mailing you a paper copy or providing an electronic copy to you.
If you request that we delete your personal information, please note that California law permits us to retain necessary information and under certain circumstances. By way of example, we are not required to comply with a request to delete information if the information is necessary for us to complete a transaction for you or otherwise perform a contract; to detect, protect against, or prosecute security incidents, fraud or illegal activity; to use the information only internally in ways reasonably aligned with your expectations as our customer (such as maintaining sales records), and to comply with legal obligations.
We will not discriminate against you as a result of your exercise of any of these rights.
Sale of Information. We do not disclose personal information in exchange for payment of money; however, we may disclose personal information to certain third parties that provide us with services such as helping us with advertising, data analysis and security, which may fall under the definition of “consideration” and be considered a “sale” under the CCPA. This includes Identifiers, Commercial, Electronic Network Activity, and/or Geolocation information, and other information as listed below. If you would like to instruct us not to sell your personal information, and are over the age of 16 years old, please visit our Do-Not-Sell web page. We do not sell personal information of individuals we know are less than 16 years of age. Once we receive your Do-Not-Sell request we will wait at least twelve (12) months before asking you to reauthorize personal information sales.
Using an Authorized Agent. You may submit a request through someone: (1) holding a formal Power of Attorney; (2) who is an authorized agent with written permission to make a request and (3) you verify your own identity directly with us. We will require the agent to submit proof to us that they have been authorized to make requests on your behalf.