Privacy Policy

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 Amercacloseouts.com Privacy Policy

Updated: January 14, 2024

America Closeouts Inc. (“Americacloseouts.com, “we,” “us,” or “our”) respects your concerns about privacy. This Privacy Policy applies to our processing of personal information that we may collect through Furniture.com and any other websites or mobile apps that link to this notice (collectively, “Site”).This Privacy Policy describes the type of personal information we obtain about consumers through the Site, how we may use the information, with whom we may share it and the choices available regarding our processing of the information. The Privacy Policy also describes the measures we take to safeguard personal information and how individuals can contact us about our privacy practices.

If you are a California consumer, please see the section of this Privacy Policy called “California Consumer Privacy Statement” for more information about your privacy rights.

Information We Obtain

Information We Obtain About You

We may obtain certain personal information through the Site. The types of personal information we may obtain include:

• Contact information, such as your name, telephone number, and postal and email address;
• Personal characteristics, such as your age and birthdate;
• Account information, such as login information, account preferences and other account details;
• Payment information, such as name, billing and delivery address and payment card details, including card number, expiration date, and security code, which may be collected and stored by us or our third-party payment processors and which we may transmit to certain other third-parties, including fraud-detection services;
• Device information, as described in the Automated Data Collection section below;
• Information about the products or services purchased, requested, obtained, interacted with, searched, browsed, or considered, such as order history, preferences or tendencies; and
• Any other information you submit through our Site or interactions with us, such as through forms, surveys, registration pages, emails, calls, comments, photo uploads, reviews, customer support tools and other features on the Site.

We may collect this information when you use our Site or otherwise interact with us (for example, call, chat, text, or email us). In some cases, we also may obtain your personal information from other parties, such as through Site retail participants or from our affiliates, vendors, and other third parties with whom we work. We also may obtain other personal information about you in ways that we describe at the time of collection.

Automated Data Collection

When you interact with our Site or open our emails, we may obtain certain information by automated means, such as through cookies, web server logs, web beacons (including pixels and tags), session replay software, scripts, tracking software and other technologies. These technologies help us (1) remember your information so you do not have to re-enter it; (2) track and understand how you use and interact with the Site; (3) tailor the Site to your preferences; (4) measure the usability of the Site and the effectiveness of our communications; (5) authenticate your identity, protect against fraud and provide our products and services; and (6) otherwise manage and enhance our products and services, and help them work properly.

We may use these automated technologies through our Site to collect information about your device, browsing actions, usage patterns and location. Through these automated means, we obtain:

• Device and Browser Information, such as your device IP address, general location information, unique device identifiers, device type and model, device characteristics and settings, browser and other app information (such as browser type, settings and characteristics), operating system information (such as type and version), network connection type, language and country preferences, and other device and application details.
• Information about your interactions with our Site, such as pages visited, links clicked, features used, referring or exit URLs, dates and times of access, session information, clickstream and page-scroll data, and other information about your interactions with our Site.

Through these automated technologies, we may track information about your online activities over time and across third-party websites and apps, such as our Site retail participants’ sites and apps. Your browser may tell you how to be notified about certain types of cookies and how to restrict or disable them. Please note, however, that without cookies, you may not be able to enjoy all of the features of our Site. For certain devices, you may be able to manage how your device and browser share certain device data by adjusting the privacy and security settings on your device.

In addition, we may collect your device’s geolocation information through GPS, Bluetooth, WiFi signals and other technologies. Your device’s operating system or web browser may provide you with a notification when an app attempts to collect your precise geolocation. Please note that if you decline to allow the Site to collect your precise geolocation, you may not be able to use all of the Site features.

How We Use the Information We Collect

We may use the information we obtain about you to:

• Provide our products and services and those of our Site retail participants, and manage your accounts and profile;
• Process and fulfill transactions in connection with our Site retail participants’ products and services;
• Communicate with you (including sending you offers and other communications about our products and services and those of our Site retail participants), respond to inquiries and offer customer support;
• Personalize your experience with our Site or our Site retail participants’ websites or apps;
• Advertise and market our products and services or those of our Site retail participants;
• Administer participation in surveys, sweepstakes, promotions or other programs;
• Perform analytics and market, trend or statistical research;
• Compile, anonymize or aggregate personal information for our business purposes;
• Operate, evaluate and improve our business (including developing new products and services; improving and analyzing our products and services; managing our communications; and performing accounting, auditing and other internal functions);
• Maintain and enhance the safety and security of our products and services, prevent misuse and troubleshoot technical issues;
• Verify your identity and protect against fraud and other criminal activity, claims and other liabilities; and
• Exercise our rights and remedies and defend against legal claims; and
• Comply with and enforce applicable legal requirements, relevant industry standards and our policies, including our Terms of Use.

We also may use the information in other ways for which we provide specific notice at the time of collection or otherwise with your consent.

Third-Party Analytics Services

We may use third-party analytics services on the Site, such as Google Analytics. The providers of these analytics services use technologies such as cookies and web beacons to help us analyze your use of the Site. The information collected through these means may be disclosed to or collected directly by these services. To learn more about Google Analytics, please visit https://www.google.com/policies/privacy/partners/.

Online Tracking and Interest-Based Advertising

You may see our ads on other websites or apps because we use third-party ad services on our Site. Through these ad services, we can tailor our messaging to individuals considering demographic data, inferred interests and browsing context. These ad services track information about your online activities over time and across third-party websites and apps by collecting information through automated means, including through the use of cookies, web server logs, web beacons and other similar technologies. These ad services may collect data about your visits to websites and apps that participate in these services, such as the pages or ads you view and the actions you take on the websites or apps. This data collection takes place both on our Site and on third-party websites and apps that participate in these ad services. These ad services use this information to show you ads that may be tailored to your individual interests. This process also helps us track the effectiveness of our marketing efforts.

As described above, we may share your personal information by allowing these third-party ad and analytics services to collect personal information via automated technologies on our Site for cross-context behavioral advertising purposes. This kind of sharing may be considered a “sale” under applicable law when the personal information is exchanged for non-monetary consideration. The sharing also may be considered processing of personal information for targeted advertising under applicable law. Please see the “Your Choices and Rights” section below for additional information on the rights to opt-out of this disclosure of your information. To learn how to opt out of interest-based advertising in the U.S., please visit www.aboutads.info/choices, www.networkadvertising.org/choices/, and http://preferences-mgr.truste.com/.

Information Sharing

We may share personal information, as set forth below:

• Affiliated Entities: We share personal information with our affiliates for the purposes described in this Privacy Policy.
• Our Participants: We may share your personal information with our Site retail participants and joint marketing partners. Because the Site is intended to make available products and services of third-party retailers, when requesting to purchase a product or obtain information about a third-party retailer, you are intentionally disclosing your personal information or interacting with the relevant Site retail participant.
• Service Providers: We also may share the information we obtain about you with third-party vendors and other entities to perform services on our behalf, such as providers of technology, communications, fraud prevention, security, advertising, marketing, analytics, and other services.
• Social Networks: We may share your personal information with social media platforms if you use those services to connect with us through the features on our Site.
• Business Transfers: We reserve the right to transfer any personal information we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution or liquidation).
• Others: We may disclose personal information (1) if we are required to do so by law or legal process, such as a court order or subpoena; (2) in response to requests by government agencies, such as law enforcement authorities; (3) to establish, exercise or defend our legal rights; (4) when we believe disclosure is necessary or appropriate to prevent physical or other harm or financial loss; (5) in connection with an investigation of suspected or actual illegal activity or (6) otherwise with your consent or as directed by your representative.

Your Rights and Choices

We offer you certain choices in connection with the personal information we collect from you. To update your preferences, limit the communications you receive from us, or submit a request, please contact us as indicated in the How To Contact Us section of this Privacy Policy. You can unsubscribe from our marketing mailing lists by following the “Unsubscribe” link in our emails.

Subject to applicable law, you may have the right to (1) request access to the personal information we maintain about you; (2) request that we update, correct, or delete your personal information; (3) or opt-out of the processing of your personal information for purposes of targeted advertising, certain profiling or the sale of your personal information. In addition, subject to applicable law, you may have the right to receive, in a structured, commonly used and machine-readable format, certain of your personal information that you have provided to us. Subject to applicable law, you may have the right to have this information transmitted to another company, where it is technically feasible.

If you are a California resident, please see our California Consumer Privacy Statement for more information about your privacy practices and your rights and choices.

Site Retail Participants and Other Third-Party Online Services and Features

Please keep in mind that this Privacy Policy applies to the personal information we collect through the Site. This Privacy Policy does not apply to personal information collected on the sites or apps of our Site retail participants. For such information, please check with the Site retail participant that you interact with for additional information about their privacy practices and policies. We are not responsible for the privacy or data security practices of our Site retail participants, which may differ from those explained in this Privacy Policy.In addition, the Site may provide links to other online services (such as social media platforms), and may include third-party features such as apps, tools, widgets and plug-ins. These online services and third-party features may operate independently from us. The privacy practices of the relevant third parties, including details on the information they may collect about you, are subject to the privacy statements of these parties, which we strongly suggest you review. To the extent any linked online services or third-party features are not owned or controlled by us, we are not responsible for these third parties’ information practices.

How We Protect Personal Information

We maintain administrative, technical and physical safeguards designed to protect personal information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.

Retention of Personal Information

To the extent required by applicable law, we retain your personal information for the time period reasonably necessary to achieve the purposes described in this Privacy Policy, or any other notice provided at the time of collection, taking into account applicable statutes of limitation and records retention requirements under applicable law. We may retain your personal information for a longer period in the event of a complaint or in reasonable anticipation of litigation.

Children's Personal Information

The Site is designed for a general audience and is not directed to children under the age of 13. We do not knowingly solicit or collect personal data from anyone under the age of 18. If you believe your child’s personal data may be processed in the services, you can contact us using the information in the “How To Contact Us” section of this Policy to request that we delete the personal data.

Updates to Our Privacy Policy

We may update this Privacy Policy from time to time and without prior notice to you to reflect changes in our personal information practices. We will indicate at the top of the policy when it was most recently updated.

How to Contact Us

If you have any questions or concerns regarding this Privacy Policy, you may email us at info@americacloseouts.com or call us at 909-588-4960. You may also write to us at:

America Closeouts Inc.

Attn: Legal Department

2601 Del Rosa Ave, Ste 112

San Bernardino, CA 92404

California Consumer Privacy Statement

Last Updated: January 14, 2024

This California Consumer Privacy Statement supplements the Furniture.com Privacy Policy and applies solely to personal information collected about California consumers, such as our customers, website visitors and business partners.

This California Consumer Privacy Statement uses certain terms that have the meaning given to them in the California Consumer Privacy Act of 2018 (as amended by the California Privacy Rights Act of 2020) and its implementing regulations (collectively, the “CCPA”).

Notice of Collection and Use of Personal Information

We may collect (and may have collected during the 12-month period prior to the Last Updated date of this Privacy Statement) the following categories of personal information about you:

• Identifiers: identifiers such as a real name, alias, postal address, unique personal identifier (such as a device identifier; cookies, beacons, pixel tags, mobile ad identifiers, and similar technology; customer number, unique pseudonym, or user alias; telephone number and other forms of persistent or probabilistic identifiers), online identifier, IP address, email address, account name, and other similar identifiers
• Additional Data Subject to Cal. Civ. Code § 1798.80: credit card number, debit card number and other financial information
• Protected Classifications: characteristics of protected classifications under California or federal law, such as age and gender
• Commercial Information: commercial information, including records of personal property, products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies
• Online Activity: Internet and other electronic network activity information, such as browsing history, search history, and information regarding your interaction with websites, applications or advertisements
• Geolocation Data
• Sensory Information: audio, electronic, visual, and similar information
• Employment Information: professional or employment-related information
• Inferences: inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

We may use (and may have used during the 12-month period prior to the Last Updated date of this Privacy Statement) your personal information for the purposes described in the Privacy Policy and for the following business purposes:

• Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytics services, providing storage, or providing similar services;
• Providing advertising and marketing services;
• Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance;
• Short-term, transient use, such as nonpersonalized advertising shown as part of your current interaction with us;
• Helping to ensure security and integrity;
• Undertaking activities to verify or maintain the quality or safety of our services or devices and to improve, upgrade, or enhance them;
• Debugging to identify and repair errors;
• Undertaking internal research for technological development and demonstration; and
• Managing our relationships with current or prospective partners, vendors and other business partners.

We do not collect or process sensitive personal information for purposes of inferring characteristics about consumers.

To the extent we process deidentified information, we will maintain and use the information in deidentified form and will not attempt to reidentify the information unless permitted by applicable law.

Retention of Personal Information

We will retain your personal information as described in the “Retention of Personal Information” section of the Privacy Policy.

Sources of Personal Information

During the 12-month period prior to the Last Updated date of this Privacy Statement, we may have obtained personal information about you from the following categories of sources:

• Directly from you, such as when you contact us
• Your devices, such as when you use our Site
• Others who use our Site or services, such as your family, friends or employer
• Our affiliates and subsidiaries
• Service providers, contractors and other vendors who provide services on our behalf
• Our joint marketing, Site retail participants and other business partners
• Online advertising services
• Data analytics providers
• Internet service providers (“ISPs”)
• Operating systems and platforms
• Social networks

Sale or Sharing of Personal Information

We do not sell your personal information in exchange for monetary compensation. We may share your personal information by allowing certain third parties (such as online advertising services) to collect personal information via automated technologies on our websites and apps for cross-context behavioral advertising purposes. This kind of sharing may be considered a “sale” under California law when the personal information is exchanged for non-monetary consideration. You have the right to opt out of these types of disclosures of your information.

We may sell or share for cross-context behavioral advertising purposes (and may have sold or shared during the 12-month period prior to the Last Updated date of this California Consumer Privacy Statement) the following categories of personal information about you to online advertising services:

• Identifiers
• Commercial Information
• Online Activity
• Inferences

You have the right to opt-out of this disclosure of your information, as detailed below. We do not have actual knowledge that we sell or share the personal information of minors under 16 years of age.

Disclosure of Personal Information

During the 12-month period prior to the Last Updated date of this Privacy Statement, we may have disclosed the following categories of personal information about you for a business purpose to the following categories of third parties:

Category of Personal Information

Categories of Third Parties

Identifiers

• Our affiliates and subsidiaries
• Vendors who provide services on our behalf
• Our joint marketing, Site retail participants and other business partners
• Online advertising services
• Data analytics providers
• Social networks
• ISPs and operating systems and platforms

Additional Data Subject to Cal. Civ. Code § 1798.80

• Our affiliates and subsidiaries
• Vendors who provide services on our behalf
• Our joint marketing, Site retail participants and other business partners
• Online advertising services
• Data analytics providers
• Social networks
• ISPs and operating systems and platforms

Protected Classifications

• Our affiliates and subsidiaries
• Vendors who provide services on our behalf
• Our joint marketing, Site retail participants and other business partners
• Online advertising services
• Data analytics providers
• Social networks
• ISPs and operating systems and platforms

Commercial Information

• Our affiliates and subsidiaries
• Vendors who provide services on our behalf
• Our joint marketing, Site retail participants and other business partners
• Online advertising services
• Data analytics providers
• Social networks
• ISPs and operating systems and platforms

Online Activity

• Our affiliates and subsidiaries
• Vendors who provide services on our behalf
• Our joint marketing, Site retail participants and other business partners
• Online advertising services
• Data analytics providers
• Social networks
• ISPs and operating systems and platforms

Geolocation Data

• Our affiliates and subsidiaries
• Vendors who provide services on our behalf
• Our joint marketing, Site retail participants and other business partners
• Online advertising services
• Data analytics providers
• Social networks
• ISPs and operating systems and platforms

Sensory Information

• Our affiliates and subsidiaries
• Vendors who provide services on our behalf
• Our joint marketing, Site retail participants and other business partners
• Online advertising services
• Data analytics providers
• Social networks
• ISPs and operating systems and platforms

Employment Information

• Our affiliates and subsidiaries
• Vendors who provide services on our behalf
• Our joint marketing, Site retail participants and other business partners
• Online advertising services
• Data analytics providers
• Social networks
• ISPs and operating systems and platforms

Inferences

• Our affiliates and subsidiaries
• Vendors who provide services on our behalf
• Our joint marketing, Site retail participants and other business partners
• Online advertising services
• Data analytics providers
• Social networks
• ISPs and operating systems and platforms

In addition to the categories of third parties identified above, during the 12-month period prior to the Last Updated date of this California Consumer Privacy Statement, we may have disclosed personal information about you to government entities, and third parties in connection with corporate transactions, such as mergers, acquisitions or divestitures.

California Consumer Privacy Rights

You have certain choices regarding your personal information, as described below.

• Access: You have the right to request, twice in a 12-month period, that we disclose to you the personal information we have collected, used, disclosed, and sold or shared about you.
• Correction: You have the right to request that we correct the personal information we maintain about you, if that information is inaccurate.
• Deletion: You have the right to request that we delete certain personal information we have collected from you.
• Opt-Out of Sale or Sharing: You have the right to opt-out of the sale of your personal information or the sharing of your personal information for cross-context behavioral advertising purposes.
• Shine the Light Request: You also may have the right to request that we provide you with (a) a list of certain categories of personal information we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year and (b) the identity of those third parties.

To submit an access, correction, deletion or Shine the Light request, please contact us at info@americacloseouts.com. You can opt-out of the sale or sharing of your personal information by clicking here or broadcasting the Global Privacy Control signal. To submit a request as an authorized agent on behalf of a consumer, please send an email to info@americacloseouts.com with the subject line Authorized Agent Request. For questions or concerns about our privacy policies and practices, please contact us as described in the “How to Contact Us” section of our Privacy Policy.

Verifying Requests. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your personal information or complying with your deletion or correction request. If you have a Furniture.com account with us, we may verify your identity by requiring you to sign in to your account. If you do not have a Furniture.com account with us and you request access to, correction of or deletion of your personal information, we may verify your identity by requiring you to authenticate your email address or providing information about your transactions or prior interactions with us. In addition, if you ask us to provide you with specific pieces of personal information, we may require you to sign a declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request.

Additional Information. If you choose to exercise any of your rights under the CCPA, you have the right to not receive discriminatory treatment by us. To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request.

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