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Privacy Policy

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PRIVACY POLICY FOR ASHCOMM LLC (“Privacy Policy”)

This Privacy Policy of Ashcomm LLC, doing business as ashleyfurniturehomestores.com (referred to as “Ashley,” “we,” “us,” or “our”), describes the types of information we may collect when you visit our website ashleyfurniturehomestore.com and its mobile applications (collectively the “Sites”). We understand how important it is to keep your personal information confidential. We value the information you provide us and want you to be confident that we are committed to protecting your privacy. Our commitment to protecting your privacy is outlined in the policies below.

This Privacy Policy addresses the nature, purpose, use, and sharing of any information collected via our Sites. The information you provide on our Sites will be used only as outlined in this Privacy Policy. Except as outlined herein, the submission and collection of personally identifiable information (defined below) is strictly voluntary. By using or visiting any Site, you acknowledge your agreement with this Privacy Policy and the Terms of Use related to that site or application. If you do not want to grant permission to use your information as outlined in this Privacy Policy, please do not provide it and elect not to visit our Sites. However, not providing certain information may result in our inability to provide you with the information or services you desire.

Information Collected

The two types of information we collect are personally identifiable information and website use information.

Website use information is anonymous information that cannot be used to identify you. We use this information to track navigation through our Sites, which pages are viewed most often, what other websites are visited and similar data. We also use the information to develop and deliver marketing strategy, to notify you of ads, promotions and to offer products and services to you.

Personally identifiable information is sensitive information that can be used to identify you. Personally identifiable information includes, among other information, your full name, e-mail address, physical mailing address, and telephone number. Some of the features on our online Sites require that you provide us information about yourself such as when you elect to purchase a product from us, register as a member for an account or choose to fill out a form on our online Sites. You can review and update any personally identifiable information you have voluntarily elected to provide to us prior to submitting the information.

We will never request your password, user name, or other personally identifiable information through e-mail. This practice, called “phishing,” is oftentimes a scam designed to steal your personal information. If you receive an e-mail message that looks like it is from us asking for your personal information, please do not respond.

Use of Personally Identifiable Information You Choose to Provide

If you choose to provide us with personally identifiable information, we will use that information to enhance your experience in the following ways:

  • Complete your request to sign up to receive information via e-mail on any of our online Sites.
  • Complete your request to register as a member of any of our online Sites you select.
  • Complete your request to register to use any of our online tools you select at any one of our online Sites.
  • Customize your shopping experience.

Providing us with your personally identifiable information, it allows Ashley and its subsidiaries, affiliates, sister and parent corporations and independently owned and operated ASHLEY FURNITURE HOMESTORE® retail furniture stores to:

  • Notify you of advertisements and promotions related to ASHLEY FURNITURE HOMESTORE® retail furniture store using the Internet, e-mail and mail sent via the U.S. Post Office.
  • Communicate great values and featured items to you.
  • Comply with valid legal procedures, requirements, regulations, and statutes.
  • Share your personally identifiable information with third party vendors but only to the extent required to help us perform any of the aforementioned functions.

Children

Our online Sites are general audience sites. We do not permit anyone who tells us they are under the age of 13 to register online 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.

Automatically Collected Information

We save information based on your interaction with our online Sites. This allows us to process your inquiries more efficiently, notify you of advertisements, promotions and to offer products and services to you and ultimately, provide you with enhanced customer service. This information includes, but is not limited to, your Internet Protocol address (the address automatically assigned to your computer every time you establish a connection to the Internet), the name of any referring websites, as well as your navigation and activity on our websites. By tracking this type of information, we may be able to modify our content and product displays to enhance your experience while visiting our online Sites.

This information is only used to help us make our Sites more useful to you and to notify you of ads, promotions and to offer products and services to you. Except for authorized law enforcement investigations, no attempts are made to identify individual users or their usage habits. Raw data logs are retained temporarily as required for security and site management purposes only.

Information Collected for Tracking Purposes (Cookies)

Like many websites, our Sites do not currently respond to “do not track signals” or other mechanisms that consumers may utilize on their web browsing device to limit the collection of certain information about a consumer’s activities over time and across various websites or online services.  As with most websites, we use “cookies” to obtain information when your web browser accesses our online Site. “Cookies” are small amounts of data that are stored on your computer and find their way to your browser via a web server. They flag information about your activity on our online Sites. This information helps us to improve our Sites and to make them friendlier and easier to use. We are then able to “recognize” you and personalize your experience with our Sites. You may “turn off” cookies by following steps outlined in the “Help” portion of the toolbar on most browsers; however, cookies allow you to take advantage of some of our Sites’ best features, so we recommend that you leave them turned on.

We may use trusted third party service providers to serve advertisements on our behalf using the Internet. This form of marketing, called “retargeting,” enhances the web surfing experience and allows us to better notify you of our advertisements and promotions, and offer products and services to you. These companies may use technologies to measure the effectiveness of advertisements and use information about your visits to our online Sites and other websites so that we can provide a better experience for you. The third party service providers may collect anonymous information about your visits to our online Sites and your interaction with our online Sites. This anonymous information is collected through the use of a pixel tag and/or cookie. No personally identifiable information is collected or used in this process. Our third party service providers do not learn the name, telephone number, postal address, e-mail address, or any other personally identifiable information about you in connection with the aforementioned retargeting process.

Sharing Information

We may share aggregated general information collected by our Sites with our subsidiaries, affiliates, sister or parent corporations independently owned and operated ASHLEY FURNITURE HOMESTORE® retail furniture stores or with our third party service providers. Aggregated data does not contain any personally identifiable information that could be used to contact or identify you. We only share personally identifiable information in one or more of the following limited circumstances:

  • We have your consent.
  • We may provide such information to respected third party service providers to the extent necessary for them to assist and support us as we attempt to better provide enhanced products and services to you and to complete your requests to receive information from us via email, use our online tools or register as a member on any of our online Sites. When this is done, it is subject to agreements or other specific direction given to the service provider that requires them to process such information only in accordance with our instructions, in compliance with this Privacy Policy, and with appropriate confidentiality and security measures in place. We have no control over, and bear no responsibility for the privacy policies and/or content of any websites or advertisers linked to or on any of our Sites or cookies these websites may deposit on your computer.
  • We may provide such information to our subsidiaries, affiliates, sister or parent corporations or with independently owned and operated ASHLEY FURNITURE HOMESTORE® retail furniture stores who may use this information to notify you of advertisement, promotions and to offer products and services to you using the Internet, e-mail and mail sent via the U.S. Post Office.
  • When required by law or where we have a good faith belief that such action is necessary to comply with a current judicial proceeding, a criminal investigation, a court order, or legal process served on our company in direct relation to you. We may also share your personally identifiable information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the Terms of Use of our Sites and services, or as otherwise required by law.
  • If you have established an account with us, we may share the information submitted under your account among any or all of our subsidiaries, affiliates, sister or parent corporations, independently owned and operated ASHLEY FURNITURE HOMESTORE® retail furniture stores or with our trusted third party service providers working on our behalf in order to provide you with a seamless experience and to improve the quality of our services. We will not disclose your account information to other people or non-affiliated companies, except in limited circumstances described in this Privacy Policy or with your consent.
  • In the event that another company acquires all or substantially all of the assets related to our business, we reserve the right to include any or all stored personally identifiable information among the assets transferred to the acquiring company.
  • We may store and process personally identifiable information collected on our Site in the United States or any other country in which we maintain facilities. By using our Sites and services, you consent to the transfer of your information among these facilities, including those located outside your country.

We currently DO NOT share your personally identifiable information with any other companies or organizations that would present you with offers or promotions that are not directly related to Ashley or our subsidiary, affiliate, sister or parent companies, or one of the independently owned and operated ASHLEY FURNITURE HOMESTORE® retail furniture stores.

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.

Opt-Out of Services

At any time you may opt-out of our services. You are free to delete all cookies on your browser, or have your browser notify you when a cookie is set—simply check your browser settings. By deleting your cookies you will disable our ability, or that of our third party partners, to deliver advertisements that are targeted to your interests. You will have to clear your cookies each time you visit our online Sites to ensure that you are not receiving retargeted advertisements.

You may also 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 FURNITURE HOMESTORE® retail furniture stores you will need to contact them directly to communicate your contact preferences.

Arbitration

This Privacy Policy or any claim, cause of action or dispute (“claim”) arising out of or related to this Privacy Policy shall be governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Wisconsin, notwithstanding of any conflicts of law principles. Additionally, you agree that all claims must be resolved exclusively by a state or federal court located in the State of Wisconsin, 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 this Privacy Policy, your use of the Sites, or to any products or services sold or distributed by us or otherwise through the Sites 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 this 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 this 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 this 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 the Privacy Policy must be made within one (1) year after such claim arose or be forever barred. For purposes of this section, the Privacy Policy and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).

Privacy Policy Changes

As we continue to improve the services, products, and features we provide, this Privacy Policy is subject to change. This 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 online Sites. Therefore you should review this Privacy Policy each time you visit our Sites. The dates provided below will inform you as to when the most recent material updates to this Privacy Policy occurred and the date on which the updated Privacy Policy became effective. 

Date of Last Update: January 2015

Date Updated Policy Became Effective: January 1, 2015.

California Privacy Rights

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, Ecommerce Privacy Policy Custodian, One Ashley Way, Arcadia, WI 54612.

Concerns About Privacy

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

Ashcomm LLC
Attention: Ecommerce Privacy Policy Custodian
One Ashley Way
Arcadia, WI 54612
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