Distressed Design Privacy Notice
 

Distressed Design, Inc. ("D2" or "we") values its customers, respects your privacy, and wants you to be familiar with how we collect, use, and disclose information. This Privacy Notice describes our practices in connection with information that we collect through our websites and mobile software applications operated by, or on behalf of, D2, including the website located at distresseddesign.org and other websites and mobile applications that we own and control and which contain a link to this Privacy Notice. Such websites and mobile apps are referred to collectively in this Privacy Notice as the "D2 Online Properties." This Privacy Notice applies to the D2 Online Properties regardless of the applicable D2 brand. This Privacy Notice also applies to information collected through off-line means – such as information collected through our galleries, outlets, call centers or distribution centers, which are collectively known as “D2 Physical Properties” in this Privacy Notice. We encourage you to read this Privacy Notice before using the D2 Online Properties, visiting D2 Physical Properties, or providing information to us. By using the D2 Online Properties, visiting D2 Physical Properties, or providing information to us, you understand that we will collect, use, and disclose your information in accordance with this Privacy Notice.

UPDATES TO THIS NOTICE
We may change this Privacy Notice at any time. Please refer to the "Last Updated" legend at the top of this page to see when this Privacy Notice was last revised. Any changes to this Privacy Notice will become effective on the "Last Updated" date indicated above. By using the D2 Online Properties or providing information to us following such changes, you will have accepted the current Privacy Notice.

PERSONAL INFORMATION

PERSONAL INFORMATION WE DIRECTLY COLLECT

We directly collect two types of information: Personal Information and Other Information. 'Personal Information' is information that relates to you as an identifiable specific individual. 'Other Information' is any information that cannot be tied back to you as a specific individual. Other Information is addressed below, under the heading 'Other Information.' We and our service providers may collect the following Personal Information:

  • Name

  • Postal address (including billing and shipping addresses)

  • Telephone number

  • Email address

  • Credit and debit card number

IF YOU SUBMIT ANY PERSONAL INFORMATION RELATING TO ANYONE OTHER THAN YOURSELF, YOU REPRESENT THAT YOU HAVE OBTAINED ANY NECESSARY CONSENT FROM THAT INDIVIDUAL FOR USE AND DISCLOSURE OF THAT INDIVIDUAL’S PERSONAL INFORMATION AS DESCRIBED IN THIS PRIVACY NOTICE.

PERSONAL INFORMATION WE INDIRECTLY COLLECT

We indirectly collect Personal Information about you from several different sources. While we collect Personal Information from you directly, we can also use third-party sources of information in order to fulfill the purposes set out in this Privacy Notice. These indirect sources can include:

  • Financial institutions (e.g., your credit card company or your bank)

  • Services providers

  • Marketing partners

  • Marketing and advertising agencies and networks

  • Previous employers (if you are applying for a job with us)

  • Background screening companies (if you are applying for a job with us)

While we may collect Personal Information from all these sources, we will only use and disclose Personal Information in accordance with this Privacy Notice.

HOW WE USE PERSONAL INFORMATION

Depending on the purpose, we may use various categories of information in order to achieve the results you and we expect. As such, we are unable to specifically call out which category of data will be used for which purpose as the context and circumstances may mandate we use Personal Information for multiple purposes. As such, we find it more useful to describe the purposes for which we and our service providers may use any Personal Information we have collected about you. To that end, we may use Personal Information about you:

  • To respond to your inquiries and fulfill your requests, including to contact you if necessary

  • To process and fulfill your order, for example by confirming your order and your billing and shipping information, processing your payments, delivering your products and communicating with you regarding your order

  • To send you important information regarding the D2 Online Properties, changes to our terms, conditions, policies, and other administrative information

  • To send you information by email, postal mail, telephone and other means about our products, services, and other promotions

  • To administer and fulfill our promotions (please note that certain promotions may have additional rules or policies, which could contain different or additional information about how we use and disclose your personally identifiable information; we suggest that you read any such rules or policies carefully − in the event of a conflict between such rules or policies and this Privacy Notice, such rules or policies will govern)

  • To help us improve the customer experience, including by learning more about your preferences to help personalize your experience with us

  • To operate a gift registry for which you are a registrant or co-registrant

  • To allow you to send messages to a friend through the D2 Online Properties (please note that, by using such functionality, you are agreeing that you have the right to provide to us your friend’s name and email address for such purpose)

  • To analyze trends and statistics in connection with our businesses and Internet properties, including to measure the success of marketing campaigns and to compile statistics about usage and response rates

  • To protect the security or integrity of our businesses and Internet properties

  • As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our Affiliates; (f) to protect our rights, privacy, safety or property, or that of you, our Affiliates or others; and (g) to allow us to pursue available remedies or to limit the damages that we may sustain

HOW PERSONAL INFORMATION IS DISCLOSED

Similar to how we use Personal Information, we may disclose Personal Information to service providers, and sometimes third parties, for various purposes. To this end, we may disclose your Personal Information to the following entities for the purposes associated with each entity as noted below:

  • To our third-party service providers, who provide services to D2 such as website hosting, data storage, data analysis, payment processing, order fulfilment, IT services and infrastructure, customer service, email delivery and administration, credit card processing, auditing and other similar services

  • To our subsidiaries and affiliated entities (collectively, our 'Affiliates') for their own marketing and other commercial purposes

  • To selected third parties ('Promotional Partners'), for their own marketing and other commercial purposes. D2 seeks to select as Promotional Partners only reputable companies that offer what we believe to be high-quality products and services.

  • To marketing and advertising agencies and networks 

  • To third parties in connection with a gift registry for which you are a registrant or co-registrant

  • To identify you to anyone to whom you send messages through the D2 Online Properties

  • By you, on message boards, chat, profile pages and blogs and other services to which you are able to post information and materials (please note that any information and materials that you post or disclose through such services will become public information, and may be available to visitors to the D2 Online Properties and to the general public; we urge you to be careful when deciding to disclose your Personal Information, or any other information, on or through the D2 Online Properties)

  • To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceeding)

  • As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our Affiliates; (f) to protect our rights, privacy, safety or property, or that of you, our Affiliates or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain

OTHER INFORMATION

OTHER INFORMATION WE COLLECT

Other Information is any information that does not generally identify you as a specific individual, such as:

  • Browser information

  • Server log files

  • Information collected through cookies, pixel tags and other technologies

  • Physical location of your device

  • Demographic information and other non-personally identifiable information provided by you

  • Aggregated information Sometimes Other Information is capable of being connected to you as a specific individual. If that is the case, then the information is not Other Information but is instead Personal Information and will have the same kinds of protections as type of Personal Information

HOW WE COLLECT OTHER INFORMATION

We and our third-party service providers may collect Other Information in a variety of ways, including:

  • Through your browser: Certain information is collected through most devices, such as your Media Access Control ('MAC') address, device manufacturer and model, device identifier, screen resolution and the type and version of your operating system and browser.

  • Through server log files: An Internet Protocol ('IP') address is a number that is automatically assigned to a device by an Internet Service Provider ('ISP') and is identified and logged automatically in our server log files whenever a user visits the D2 Online Properties, along with the time of the visit and the page(s) that were visited. We and our service providers use IP addresses for purposes such as calculating usage levels, helping diagnose server problems and administering the D2 Online Properties.

  • Using cookies: Cookies allow a web server to transfer data to a device for recordkeeping and other purposes. We and our service providers use cookies and other technologies to, among other things, enhance and personalize your online browsing and shopping experience and facilitate your ongoing access to and use of the D2 Online Properties, as well as for online tracking purposes. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to decline the use of cookies. To learn more about cookies, visit http://www.allaboutcookies.org. If you choose to decline cookies, some or all of the features, functionality and promotions available through the D2 Online Properties – such as the shopping cart, ability to view certain pages and even placing orders or reviewing your order history – may not be available to you.

  • Analytics: We may use third-party services, such as Google Analytics or IBM Coremetrics, in connection with the D2 Online Properties. Such services use cookies and similar technologies to analyze how visitors use the D2 Online Properties, compile statistical reports on activity related to the D2 Online Properties, and provide other services related to the D2 Online Properties. Such services may also collect information about visitors’ use of other websites or other online resources. For more information about Google Analytics, including how to opt out, visit https://tools.google.com/dlpage/gaoptout. For more information about IBM Coremetrics, you can review its privacy statement located at http://www.ibm.com/privacy/us/en/.

  • Flash Local Stored Objects: We and our service providers may use a third-party technology, called Flash, in connection with the D2 Online Properties, including our online content. Flash provides a facility, referred to as Local Stored Objects ('LSO'), that allows a website operator or online content provider (or their service providers) to store certain information locally on an individual’s device; for example, Flash LSOs can be used to store information regarding an individual’s device. If you do not want Flash LSOs stored on your device, you can adjust the settings of your Flash player to block Flash LSO storage using the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs [referred to as 'information' on the Macromedia site], how to prevent Flash LSOs from being placed on your device without you being asked, and [for Flash Player 8 and later] how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the D2 Online Properties. We expect our service providers and technology suppliers to honor any decision by you to restrict or limit Flash LSOs, but we cannot guarantee that they will do so.

  • Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) are small images that may be used by us and our service providers in connection with some pages of the D2 Online Properties and HTML-formatted email messages to, among other things, render such pages to you on various hardware devices and operating system versions, track the actions of users and email recipients, serve relevant marketing communications to you, measure the success of marketing campaigns and compile statistics about usage and response rates. Pixel tags may collect information such as the pages, features and links accessed by a user, and the IP address, browser type and operating system of such user’s device.

  • Physical location: We and our service providers may collect the physical location of your device by, for example, using satellite, cell phone tower or WiFi signals. We may use your device’s physical location to provide you with personalized, location- based services and content, including for marketing purposes, based on the choices that have been made with respect to such uses. We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collect, with our third-party marketing partners, such as our Promotional Partners, to enable them to provide you with more personalized content and to study the effectiveness of advertising campaigns, based on the choices that have been made with respect to such disclosures. In some instances, you may be permitted to allow or deny such uses and/or sharing of your device’s location, but if you choose to deny such uses and/or sharing, we, our service providers, and/or our third-party marketing partners may not be able to provide you with the applicable personalized services and content.

  • From you: We and our service providers may collect demographic information such as your city, state or zip code of residence, as well as other information, such as your preferred means of communication, your gender and your date of birth, when you voluntarily provide this information to us or our service providers. You may also have the opportunity to provide us with information regarding major events such as weddings, child births and the purchase of a new home. We also maintain a record of your orders, purchases, exchanges, returns, wish lists and gift registries in connection with the D2 Online Properties or our businesses. Unless combined with Personal Information, this information does not personally identify you or any other customer or potential customer of our businesses.

  • By aggregating information: We and our service providers may aggregate Personal Information collected from our customers and potential customers, for example by using Personal Information to calculate the percentage of such individuals who have a particular telephone area code. Aggregated Personal Information does not personally identify you or any other customer or potential customer of our businesses.

HOW WE USE AND DISCLOSE OTHER INFORMATION

We may use and disclose Other Information for any purpose. In some instances, we may combine Other Information with Personal Information (such as combining your zip code with your name). If we combine any Other Information with Personal Information, the combined information will be treated by us as Personal Information while it is so combined.

THIRD PARTIES AND THIRD-PARTY SITES

To the extent that you submit any Personal Information to any third party (for example, via a third-party software application or service – including any social media service – that is included in, available through or linked to from the D2 Online Properties), such third party’s collection, use and disclosure of such information may be governed by its privacy notice, and not by our Privacy Notice. We recommend that you familiarize yourself with the privacy procedures and practices of any such third parties.

Please note that D2 credit cards are issued by TD Bank, N.A. D2 is not responsible for the privacy practices of TD Bank. You may view TD Bank’s separate privacy notices at https://www.td.com/us/en/personal-banking/privacy.

WE ARE NOT RESPONSIBLE FOR THE INFORMATION COLLECTION, USAGE, DISCLOSURE OR OTHER PRIVACY PRACTICES OF ANY THIRD PARTIES, INCLUDING OUR AFFILIATES, THIRD-PARTY SERVICE PROVIDERS, ANY THIRD- PARTY SOCIAL MEDIA PLATFORM (SUCH AS META), ANY THIRD PARTY MAKING AVAILABLE THE DEVICES OR OPERATING SYSTEMS FOR WHICH CERTAIN D2 ONLINE PROPERTIES ARE AVAILABLE (SUCH AS APPLE INC. OR GOOGLE INC.) OR ANY THIRD PARTY OPERATING ANY SITE TO WHICH THE D2 ONLINE PROPERTIES CONTAIN A LINK. THE INCLUSION OF A LINK ON THE D2 ONLINE PROPERTIES DOES NOT IMPLY ENDORSEMENT OF THE LINKED SITE BY US OR BY OUR AFFILIATES.

THIRD-PARTY ADVERTISERS

We may use third-party advertising companies to serve ads when you visit the D2 Online Properties. Please note that these companies may use information about your visit to the D2 Online Properties to provide advertisements about goods and services that may be of interest to you. In the course of serving advertisements to the D2 Online Properties, these companies may place or recognize a unique cookie on your browser. If you would like more information about this practice and to know your choices about not having this information used by these companies, please visit https://thenai.org/.

DO NOT TRACK SIGNALS

We note that the D2 Online Properties will continue to operate as described in this Privacy Notice, whether or not a 'Do Not Track' signal or similar mechanism is received from your browser.

SECURITY

We seek to use reasonable organizational, technical and administrative measures to protect Personal Information under our control. For example, we seek to use Secure Sockets Layer ('SSL') technology for the placement of orders. Unfortunately, no data storage system or data transmission over the Internet can be guaranteed to be 100% secure. Please also be aware that we may use third-party cloud service providers that provide hosting, data storage and other services pursuant to standard terms and conditions that may be non-negotiable; these service providers have informed us and the general public that they apply security measures they consider adequate for the protection of information within their system, or they have a general reputation for applying such measures. Please exercise caution in submitting Personal Information via the D2 Online Properties, especially if you are accessing the D2 Online Properties using a WiFi hotspot or public network. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account that you might have with us has been compromised, or if you are unable to utilize our SSL technology in connection with the D2 Online Properties), immediately notify us of the problem and place any orders over the telephone or in person, instead of using the D2 Online Properties. You may contact us in such circumstances in accordance with the 'Contacting Us' section below.

YOUR PRIVACY RIGHTS

YOUR RIGHTS REGARDING OUR USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION

You have certain rights regarding our use and disclosure of your Personal Information, regardless of whether such information is collected by us through the D2 Online Properties or otherwise. While these rights are not absolute, you generally have the right to: (1) request information about the personal information we have collected, used and disclosed over the past 12 months; (2) request correction of inaccurate personal information; (3) request to opt-out of the sale or sharing of your personal information; and (4) request that we delete your personal information. We will not discriminate against you for exercising any of your rights and will never charge you a different price or provide you with a lower quality of product or services if you exercise your rights. You can exercise these rights as follows:

  • Our sharing of your Personal Information with Affiliates, Promotional Partners and other third parties for their marketing or other commercial purposes: If you no longer want us to share your Personal Information on a going-forward basis with our Affiliates, Promotional Partners and other third parties for their purposes, you may submit a request to opt-out of such sharing by using our online contact form, or by calling 989.600.8962. When calling us, please include your full name and the contact information that you no longer wish to be shared. Additionally, we may need to ask for additional information in order to ensure that the Personal Information related to your opt-out request actually relates to you and not some other person.

  • Deletion of Personal Information where there is no longer a legitimate reason for us to keep it. If you no longer want us to retain your Personal Information on a going-forward basis, you may submit a request to delete your Personal Information by using our online contact form, or by calling 989.600.8962. In contacting us, please include your full name and the contact information that you wish to be deleted. Additionally, we may need to ask for additional information in order to ensure that the Personal Information relating to your deletion request actually relates to you and not some other person. Please Note: There are a number of reasons why D2 will retain your Personal Information even if you make a deletion request. Generally, we retain information to comply with legal obligations or to protect or defend our legal rights. However, applicable law also permits retention of your Personal Information for our own internal business uses that are compatible with the context in which the information was collected. If we decline to delete some of your Personal Information after you have requested deletion, we will respond to you with our reasoning and explain how your Personal Information will still be protected so long as we retain it.

  • Access your Personal Information. You may ask for a copy of the Personal Information we have collected about you and about how that information was disclosed for the last 12 months by using our online contact form, or by calling 989.600.8962. Additionally, we may need to ask for additional information in order to ensure that the Personal Information you are accessing actually relates to you and not some other person. We are not responsible for changing information in the databases of Affiliates, Promotional Partners and other third parties with whom we have already shared your Personal Information prior to receiving your request. Note that you may not request copies of your Personal Information more than twice a year.

  • Receiving promotional emails from us: If you no longer want to receive promotional emails (such as information about new products, special offers and sales events) from us on a going- forward basis, you may “unsubscribe” from receiving such communications by replying “Unsubscribe” to the email, using our online contact form, or by calling 989.600.8962.

  • Receiving catalogues/source books from us: If you no longer want to receive catalogues/source books from us on a going- forward basis, you may “unsubscribe” from receiving such communications by using our online contact form, or by calling 989.600.8962. When making your request, please ensure you enter your contact information exactly as it appears on your Source Book mailing label.

  • Appointment of an Agent. You have the right to appoint an agent to exercise all your rights under this Privacy Notice. However, appointment of an agent is a serious matter and, in the interest of protecting your privacy, we may require that you not only properly identify yourself and the information that relates to you, but also require that you provide us with sufficient Personal Information about your agent so that we may identify them as well.

We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out as described above, we will not be able to remove your Personal Information from the databases of our Affiliates, Promotional Partners and other third parties with which we have already shared your Personal Information (i.e., to which we have already provided your Personal Information as of the date that we implement your opt-out request). Please also note that if you do opt-out of receiving marketing-related messages from us, we may still send important administrative messages to you, and you cannot opt-out from receiving such administrative messages. For example, when you place an order, we will continue to confirm your order and shipment status by email. We may also need to contact you via telephone, email or postal mail with information or questions regarding your order.

USE OF D2 ONLINE PROPERTIES BY MINORS

The D2 Online Properties are not directed to individuals under the age of sixteen (16), and we request that these individuals not provide Personal Information through D2 Physical Properties or the D2 Online Properties. In any event, D2 does not knowingly sell the personal information of minors under the age of sixteen.

JURISDICTIONAL ISSUES

The D2 Online Properties are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country, or territory other than that of the United States.

CONTACTING US

If you have any questions about this Privacy Notice, please contact our Privacy Team on our contact page.

If you would like to make choices about receiving promotional communications, to update your Personal Information, or to place an order, please contact us using your preferred method of contact:

Mail:
Attn: Customer Service
2041 E Mockingbird Ln, Midland, MI 48642

Phone or Text:
989.600.8962

Email:
anthony@distressed.design

Last Updated: 11.27.2023