Privacy Policy

PRIVACY POLICY FOR ASHCOMM LLC (“Privacy Policy”)

Who We Are

We are not just a furniture store. While Ashley® is the most iconic segment of the Ashley brand today, the Ashley family of companies is much more than just a retail store. Ashley Industries, Inc. is the largest manufacturer of furniture in the world with major manufacturing facilities in the United States and abroad. Ashley Furniture Industries supplies furniture to over 6,000 retail partners in 123 countries. Ashley Distribution Services, Ltd. delivers over 30 million pieces of that furniture annually with its gigantic fleet of trucks and trailers while also providing backhaul services to many other companies. Ashley Global Retail, LLC operates Ashley retail furniture stores throughout the United States. Ashcomm, LLC operates www.ashleyfurniture.com , the Ashley retail website.

Scope of this privacy policy

This is the privacy policy of Ashley Industries, Inc., Ashley Distribution Services, Ltd., Ashley Global Retail, LLC, Ashcomm, LLC, and their respective affiliates (collectively referred to as “Ashley,” “we,” “us,” or “our”). Please note that many Ashley retail locations are independently owned and operated and have their own privacy policies. Additionally, we maintain separate privacy policies for our international operations, and w e may provide different notices of our information practices with respect to certain subsidiaries or affiliates, in which case this privacy policy will not apply.

Our privacy policy describes:

• How and why we collect your personal information;
   
• How your personal information is used and protected;
   
• When and with whom we share your personal information; and
   
• What choices you can make about how we collect, use, and share your personal information.

Personal information is that directly or indirectly identifies, describes, relates to, is reasonable capable of being associated with, or can reasonably link to a particular consumer or household.

The information we collect and how we use it

We collect two types of information:

• information we receive from you; and
   
• information we receive from others.

  Information we receive from you includes information you share with us, such as when you create an account on one of our websites. This also includes information you provide us through technology, such as through a cookie placed on your computer when you visit our websites. We also receive information from other sources to help us supplement our records, improve the personalization of our service to you, and detect fraud. Our goal is to limit the information we collect to the information needed to support our business.

  We collect information to deliver the products and services you request and to help improve your shopping experience. You share information with us in various ways in our stores and online. For example, you share information when you:

• Make an in-store or online purchase, or other transaction, with us;
   
• Create an account on one of our websites or mobile services;
   
• Participate in our programs;
   
• Request customer service or contact us;
   
• Post a review or comment on one of our social media pages, or post a rating, review, or other user generated content on one of our websites or mobile services;
   
• Participate in a contest, sweepstake, promotion, or survey; or
   
• Use features of our websites and mobile services that may ask you to grant us access to the camera on your computer or mobile device (such as image search, augmented reality, or scanning bar codes).

  When you engage in these activities, you may share different types of personal information with us, such as your name, email address, physical or postal address, phone number, date of birth, and payment information.

  You also provide us information in other ways through technology. Some of this information may be linked to you personally. This information helps our websites and mobile services work correctly and supports our customer marketing and analytics efforts—our work to understand our customers’ needs and provide information about our products and services. Here are some examples: 

• Device Information: We collect technical information when you visit our websites or use our mobile applications or services. This includes information such as internet protocol (IP) address, the type of mobile device you use, your device operating system and browser type, a unique device identifier, the address of referring websites, the path you take through our websites, and other information about your session on our websites.
   
• Browsing Information: We use our own and third party technologies such as cookies, web beacons, and mobile device identifiers to collect information about the use of our websites and mobile services. For more information about these technologies, see “Cookies” below.
   
• Location Information: We may collect information about your location when your device is set to provide location information. For example, your device’s GPS signal allows us to show you the nearest Ashley locations. We may be able to recognize the location of a mobile device in stores where we provide customers free WiFi access or through the use of Bluetooth technology. Through mobile services, Bluetooth technology in our stores allows us to show you nearby products that may interest you, making it easier for you to locate products within and navigate through the store.
• Facility Cameras: We operate cameras in store for security and operational purposes, for example, to help us improve the design of our stores to better serve our customers.

We receive information about you from other sources so that we can fulfill orders for our products that you have placed with third party retailers and to help us correct or supplement our records, improve the quality or personalization of our service to you, and prevent or detect fraud. Examples of information we receive from other sources include:

• Purchase, delivery, and address information from third party retailers that sell our products and then send us the product orders to fulfill;
   
• Updated delivery and address information provided our carriers; and
   
• Account information from third party lenders or lease-to-own service providers to enable us to complete your purchases.

Below is a table showing the categories of personal information that we collected during the preceding 12 months and identifying for each category the source categories for that information, the business or commercial purposes for collecting that information, and the categories of third parties with whom we share that information. 

 

Other situations in which we may share your information

As we continue to develop our business, we might sell or buy stores, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing privacy policy (unless, of course, the customer consents otherwise). Also, In the event that all or a part of our business is merged, sold or reorganized (including transfers made as a part of insolvency or bankruptcy proceedings), personal information about you could be shared with the successor business.

We may also disclose your personal information:

• To enforce or apply your contractual obligations to us, including for billing and collection purposes.
   
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Ashley, our customers, or others.

Sale of Information

We have disclosed and/or sold personal information to third parties for a business or commercial purpose in the preceding 12 months. For more information, see table above. We do not sell the personal information of minors under 16 years of age without affirmative authorization.

Children

Our websites are general audience websites. We do not permit anyone who tells us they are under the age of 13 to register or open an account with us. We also do not collect information from anyone that tells us they are under the age of 13. Children under the age of 13 should always ask their parents or guardians for permission before providing any contact information to anyone online. We urge parents and guardians to participate in their children’s online activities and use parental controls or other web filtering technology to supervise children’s access to the internet.

Cookies

Cookies are small text files located in your browser directory that may be placed on your device. When a website is accessed, a cookie that is placed on a device will send information to the party that has placed the cookie. Cookies are extremely common and used on a number of websites. Each cookie will typically contain the name of the domain from which the cookie has come, the “lifetime” of the cookie, and a value (usually a unique number).

Our websites may place first party cookies and allow third parties to place cookies on your device. The difference between a first party cookie and a third party cookie relates to the control of the party who serves the cookie. First party cookies are cookies that are specific to the website that created them. We use first party cookies to provide you with a good experience and allow us to improve our websites. Third party cookies, on the other hand, are placed on your device by a third party (i.e., not by us). While we may allow third parties access to our websites to place these cookies on users’ devices, we do not retain control over the information supplied by the cookies, nor do we retain access to that data. This information is controlled wholly by that third party in accordance with its privacy policy.

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. (These settings are usually found in the “options” or “preferences” menu of your internet browser, and you should use the “Help” option in your internet browser for more details.) However, if you use your browser settings to block all cookies, you may not be able to access all or parts of our websites. Unless you have adjusted your browser setting so that it will refuse cookies, our websites will issue cookies as soon as you visit them.

For information about how you can opt-out of Google Analytics Advertising Features, visit https://tools.google.com/dlpage/gaoptout/.

If you have a Facebook account, visit https://facebook.com/ads/preferences/edit/ to control how Facebook uses data to show you ads.

There are other technologies that perform a similar function to cookies. These include web beacons (a small .gif image) and clear gifs. We use web beacons and clear gifs in conjunction with cookies to help us understand our customers better. When we send you e-mails we use these technologies as follows so that we can track e-mail open and click rates. We also use web beacons to determine a user’s ability to receive HTML e-mail. Web beacons do not collect any personal data. Users that do not want to receive e-mail messages with web beacons can choose to receive their e-mails in text (non-HTML) format.

We do not currently respond to “do not track” (DNT) signals. DNT is the concept that has been promoted by regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites. Currently, various browsers (including Internet Explorer, Firefox, and Safari) offer a DNT option that relies on a technology known as a DNT header that sends a signal to websites visited by the browser user about the user's DNT preference. You can usually access your browser's DNT option in your browser's preferences. However, there is no industry standard for DNT available to us at this time.

For more information about online tracking and various opt-out mechanisms, visit https://youradchoices.com/.

Because we link to social media sites, and from time to time may include third-party advertisements, other parties may collect your personally information about your online activities over time and across different websites when you visit our websites.

In addition, we use Google AdWords, so we are advertising our websites online through a form of tracking called remarketing. Third party vendors, including Google, show our ads on various sites across the internet, and use cookies to serve you ads based on your past visits to our websites. You can opt out of Google's use of cookies by visiting Google’s Ads Settings (https://www.google.com/settings/ads/plugin). Alternatively, you can opt out of a third party vendor's use of cookies by visiting the Network Advertising Initiative opt-out page located at http://www.networkadvertising.org/choices/.

Please Note:

• To successfully opt out of internet-based advertising, you must have cookies enabled in your web browser (see your browser’s instructions for information on cookies and how to enable them).
   
• Opting out only applies to your current web browser on your current computer. If you use multiple computers or multiple web browsers, you must opt out on each one.
   
• Once you opt out, if you delete your browser’s saved cookies, you will need to opt out again.

Security

We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of the data you provide to us. Our servers are protected by firewalls and are physically located in secure data facilities to further increase security. While no computer or facility is 100% safe from outside attacks, we believe that the steps we have taken to protect your personally identifiable information dramatically reduce the likelihood of security problems to a level appropriate for the type of data involved.

E-mails

You may receive e-mail messages from us. If you no longer wish to receive these communications, let us know by following the opt-out directions on any of the e-mail messages you have received from us. Please note that if you wish to opt-out of receiving e-mails from independently owned and operated Ashley retail furniture stores you will need to contact them directly to communicate your contact preferences.

Arbitration

Our privacy policy or any claim, cause of action or dispute (“claim”) arising out of or related to our privacy policy shall be governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Florida, notwithstanding of any conflicts of law principles. Additionally, you agree that all such claims must be resolved exclusively by a state or federal court located in the State of Florida, except as described in the immediately following paragraphs regarding arbitration.

You agree to resolve disputes through arbitration.

Any dispute or claim relating in any way to our privacy policy will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to our privacy policy.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis, the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of our privacy policy as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 1201 Hays Street, Tallahassee, Florida 32301. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives, and the arbitrator will apply applicable law and the provisions of our privacy policy and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review.

If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration).

Regardless of any statute or law to the contrary, notice on any claim arising from or related to our privacy policy must be made within one (1) year after such claim arose or be forever barred. For purposes of this section, our privacy policy and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).

Your Data Rights, Including Access, Deletion, and Opt-Out

You have the right to request that we disclose to you what information we collect, use, disclose, and sell. You also have the right to request that we delete any personal information about you which we collected about you. To submit either of the above requests, click https://preferences.ashleyfurniture.com, send an email to privacyoffice@ashleyfurniture.com, or call 800-757-0064. We reserve the right to deny your request if we cannot verify your identity.

You have the right to direct us to not sell your information. Just click our Do Not Sell My Personal Information request located https://preferences.ashleyfurniture.com, send an email to privacyoffice@ashleyfurniture.com, or call 800-757-0064.

We will not discriminate against you for exercising any of these data rights.

You may designate an authorized agent to make a request to exercise your rights on your behalf. Your authorized agent must be able to provide to us all of the information that we would otherwise require to verify your identity. For your protection, we reserve the right to deny any request from an agent who does not submit proof that they have been authorized to act on your behalf. 

Applicable laws may give you additional rights that are not described in the Privacy Policy.

California Privacy Rights – “Shine the Light”

Pursuant to Section 1798.83 of California Civil Code, a California resident with whom we have established a business relationship has the right to request from us certain information with respect to the types of personally identifiable information we have shared with third parties for direct marketing purposes by such third parties, and the identities of the third parties with whom we have shared information during the immediately preceding calendar year. All requests for such information must be in writing and sent to: Ashcomm LLC, Attention: Privacy Office—Legal Department, 1670 E 8^th Ave., Tampa, FL 33605.

Concerns About Privacy

If you have any questions or comments about this privacy policy, please contact us:

Ashcomm LLC
Attention: Privacy Office—Legal Department 1670 E 8 ^th Ave. Tampa, FL 33605

Privacy Policy Changes

As we continue to improve the services, products, and features we provide, our privacy policy is subject to change. Our privacy policy is subject to change without direct notice to you. We may change our privacy policy at any time by posting a new version of it on our websites. Therefore, you should review our privacy policy each time you visit any of our websites. The dates provided below will inform you as to when the most recent material updates to our privacy policy occurred and the date on which our updated privacy policy became effective.

Date of Last Update: January 1, 2020

Date Updated Policy Became Effective: January 1, 2020