Effective April 15, 2022,
Information We Collect
Information you provide to us:
When you use our services:
When you make a purchase, join our subscription, or inquire about any of our services on phixey.com or our mobile apps (collectively, "Websites") or otherwise, create an account, join our Gift Registry, participate in sweepstakes, contest or any other promotion, post a product review, engage with us on our social media platforms, participate in one of our surveys, send us any feedback, questions, comments, suggestions, ideas, or interact with us in any way, you provide us with personal information, such as your name, email address, mailing address, ZIP code, phone number, and credit card numbers. This allows us to provide you with our online and in-store retail and design services, process your transactions more efficiently, offer you promotions, contests, and other opportunities, and, ultimately, give you a higher caliber of customer service (together, the "Services"). If you choose not to provide the requested information, we may not be able to provide you with the Services, or certain features of the Services may not be functional.
Information About You We Receive from Third Party Vendors:
Other companies we do business with may provide us additional personal information (such as, for example, names, mailing addresses, and email addresses, as well as demographic and other usage information) when we have news or product offerings that may be of interest to those individuals.
Usage and Website Activity Information:
When you visit our Websites, we or our third-party service providers collect information about your use of the Websites: your Internet service provider`s address, your location as determined by your Internet Protocol ("IP") address, the name of the website or advertisement directing you, your user agent, as well as your clicks and activity on our Websites. We use this information to understand how to make our Websites more available and user-friendly to our customers and provide you with advertising that may be of interest to you
We use tools to collect some information we listed above in the "Usage and Website Activity Information" section about your use of the Services. For example, we use the information we get from Google Analytics and Adobe Analytics to improve the Services. To collect this information, Google Analytics and Adobe Analytics may set cookies on your browser or mobile device or read cookies already there. Google Analytics and Adobe Analytics may also receive information about you from apps you have downloaded that partner with Google or Adobe, respectively. We do not combine the data collected through Google Analytics or Adobe Analytics with personally identifiable information.
In some of our US store locations, if you choose to use our Wi-Fi technology, we may track location analytics. This data is used to improve store layout and enhance the customer shopping experience in our stores. To collect the data, we allow a third-party provider to use a technology that senses the presence of smartphones. Certain device information, like device ID and location, is collected. Additional personal information is only collected if you consent to that collection.
We use cameras in our stores for security and loss prevention purposes. We temporarily store security camera footage, but we do not store recordings in a way that connects them to particular customers. We also use technology to track store traffic, though this technology does not store images or personally identify shoppers.
We engage with customers on various social media platforms like Facebook, Twitter, Pinterest, and Instagram. If you contact us on one of these platforms for customer service or otherwise, we may reply to your post or comment and/or contact you via direct message. Those communications are governed by this policy and the policy of the relevant social media platform.
Cookies and Other Tracking Technologies
Web cookies are used in some email messages and on our Websites to help us measure the effectiveness of those emails and for other analytical purposes.
We also contract with a service provider to help us assess visitation to our Websites. To do this, we place small pixel tags and cookies on our Websites. While these do allow our service provider to track your visits, the data retrieved cannot be used by the service provider for any reason without our authorization. Although our service provider logs the information about your visit, we control how that data may and may not be used. We may track this information across the different devices you use to access the Websites.
How We Use Your Information
We use the information we collect about you to facilitate your purchases, communicate with you, offer better customer service, and improve our services and customer relations.
To facilitate your purchases: This includes processing your order and payment, shipping the order, providing technical support and assistance, and communicating with you about the purchase by email. For example, we will contact you by phone, postal mail, and/or email to update you on the arrival of the package, to address any issues with the order, or to answer any questions you may have about your order.
To send you promotional communications: If you sign up or make a purchase, we may contact you by email or send you our catalogs to inform you about products, services, and promotions that we think will interest you. You can opt out of email communications by clicking the "unsubscribe" link at the bottom of each email or as explained here. You can opt out of receiving our catalogs using this catalog opt-out form. If you have installed our mobile app, we use your information to send push notifications to your mobile device. You can opt out of receiving these push notifications by changing your preferences in the mobile application.
To improve our services and customer relations: We use your information for analytics and measurement to understand how our services are used to make improvements to our Websites or user interface through understanding how you interact with them, including how you interact with advertising. We use the information you provide to us through your purchases, feedback, surveys, and suggestions to enable us to provide you with a more personalized shopping experience and also to improve our services and customer relations.
In connection with your account: To provide full transparency into your account history, there are specific scenarios in which orders you place while not logged into your online account will be visible in your account order history. In particular, online orders placed as a guest, orders placed with the call center, and orders placed in-store will be visible in your online account order history if an email address provided during the transaction matches the email address associated with the online account or if you paid using a credit card that is a saved payment method in the online account.
How we share your information
Marketing: We share your customer information with other select companies whose products and services you may find useful. This information includes your name, postal address, and email address, as well as a record of any transactions you conduct on our Websites or offline (for example, in our stores or via customer service). These companies may contact you to provide information about their products and services.
Online Advertising: We contract with companies that offer advertising services to place our banner advertising on other websites. These companies collect information from us about your visits to our Websites and stores and your interaction with our products and services. They also use this information to tailor banner advertisements for goods and services when you visit certain websites. We may track this information across the different devices you use to access the Websites. These companies are required to keep this data anonymous and not to share any personal information with any other third parties, except as necessary to provide this service.
Sharing among our entities: We share and combine information about you among our brand Phixey to provide greater security and information about products and services that might interest you. We also share your information with our parent company, subsidiaries, joint ventures, or other companies under common control as necessary for specific purposes in the operation of our business.
We share and combine information about our US-based customers of products and services that may interest them.
Sharing with vendors: To serve you better, we may, at times, contract with other companies to help us process information and to provide us with other services. Their assistance can help us fulfill customer orders, manage, store, and enhance customer data, send marketing, run promotions, and provide other services.
In connection with a business reorganization: We would share your information if we were involved in a merger, acquisition, consolidation, change of control, or sale of all or a portion of our assets or if we undergo bankruptcy or liquidation.
To comply with our legal obligations and protect our rights and those of others: We share your information to prevent fraud or abuse of our services, to protect your rights, to comply with our legal obligations, and to protect our rights.
- Prevent fraud and abuse of the services: We review transactions internally regularly to identify potential concerns, and we partner with select outside companies to further enhance our ability to ensure that fraudulent orders and/or potentially damaging worms, viruses, and other types of malware do not interfere with our ability to provide the best possible products, value, and services to you and our other valued customers.
- Protect your rights: We will share information in an emergency or to protect the safety of any person and if we believe it is necessary to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the rights, property, or personal safety of any person.
- Protect our rights and comply with our legal obligations: We cooperate with government and law-enforcement officials and private parties to enforce and comply with the law. We may disclose personal information and any other information about you to the government or law enforcement officials, or private parties if, at our discretion, we believe it is necessary or appropriate to respond to legal requests (including court orders and subpoenas); to protect our safety, property or rights or those of any third party; to prevent or stop any illegal, unethical, or legally actionable activity; or to comply with the law.
Browser Do Not Track & Global Privacy Control
Do Not Track (DNT) and Global Privacy Control (GPC) are privacy preferences you can set in your web browser to indicate that you do not want certain information about your webpage visits collected across websites when you have not interacted with that service on the page. For all the details, including how to turn on DNT or GPC, visit https://donttrack.us/ or https://globalprivacycontrol.org/.
Your Information Sharing Choices
Marketing: If you do not want us to share your personal information for marketing purposes, please contact us. We will remove your name from the lists we share with other companies. When contacting us, please clearly state your request, including your name, mailing address, email address, and phone number. After processing your request, your personal information will no longer be shared for marketing purposes. Opting out of sharing your information for marketing purposes will not prevent your relevant information from being provided to our service providers as needed to provide Services to you, such as shippers when you order products for delivery. Similarly, this will not prevent us from sharing information to the extent it is de-identified or aggregated (in a non- personally identified manner).
Online advertising: To opt out of interest-based advertising or learn more about the use of this information by our Service Providers, you can visit the Network Advertising Initiative or the Digital Advertising Alliance . If you choose to opt out, we will place an "opt-out cookie" on your computer. The "opt-out cookie" is browser-specific and device-specific and only lasts until cookies are cleared from your browser or device. The opt-out cookie will not work for some necessary cookies to how our websites and mobile apps work ("essential cookies"). If the cookie is removed or deleted, if you upgrade your browser, or if you visit us from a different computer, you will need to return to the links above to re-select your preferences.
Mobile app communications: You can deactivate push notifications in our mobile apps at any time by changing the notification settings on your mobile device.
Email promotional communications: Please note that to give you more control of your experience with us, opting out of one brand does not automatically opt you out of our other brands. For example, if you click through to opt out of emails from Phixey, you will not be opted out of emails from Phixey. It may take 7-10 days for email opt-outs to process and take effect fully.
Email tracking: To opt out of our cookies to track your interaction with our email communications, you can click the "unsubscribe" link found in each email you receive or remove yourself from the relevant mailing list or lists.
Website Analytics: See above for information on opting out of Google and Adobe Analytics.
Cookies generally: If you would like to opt out of accepting cookies altogether, you can generally set your browser not to accept cookies or to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it. However, certain features of our Websites or other Services may not work if you delete or disable cookies.
How long do we keep your information?
You can request that we delete your personal information by submitting this online request form. For details about your rights to deletion under California law, please see the below section titled, Notice to California Residents/Your California Privacy Rights.
We retain your information after you request such deletion for longer periods for specific purposes to the extent that we are obliged to do so in accordance with applicable laws and regulations and/or as necessary to protect our legal rights or for certain business requirements. For example, when we process your payments, we will retain this data for longer periods of time as required for tax or accounting purposes. See below for specific reasons we would retain some data for longer periods of time:
- Security, fraud & abuse prevention – to protect you, other people, and us from fraud, abuse, and unauthorized access.
- Financial record-keeping – when you make a payment to us, we are often required to retain this information for an extended period of time for purposes of accounting, dispute resolution, and compliance with tax, anti-money laundering, and other financial regulations.
- Complying with legal or regulatory requirements – to meet any applicable law, regulation, legal process, or enforceable governmental request, as required to enforce our terms of service, including investigation of potential violations.
- Direct communications with us – if you have directly communicated with us, through a customer support channel, feedback form, or a bug report, we may retain reasonable records of those communications.
Notice to California Residents/Your California Privacy Rights
California law requires certain businesses to disclose information regarding the rights of California residents pursuant to the California Consumer Privacy Act (the "CCPA"). The CCPA applies only to California residents. However, because privacy and transparency are top priorities for us, we are making the rights described in this section available to all U.S. customers. We reserve the right to update this policy at any time as to non-California residents. Any terms defined in the CCPA (Cal. Civ. Code 1798.140) have the same meaning when used in this section. If you choose to make a privacy-related request using the processes described in this section, you will be directed to a platform operated by our privacy management partner.
Right to Know
You have the right to request that we disclose what personal information we collect, use, disclose, and sell. You can submit a verifiable request to know either the categories of information or specific pieces of information that we have about you by submitting this online request form. You will be directed to enter your name, email address, zip code, and phone number. If we have a matching email address on file, we will send a link, which you will have to click to begin the identity verification process. We will then compare your zip code and phone number against our records. If we cannot verify your identity, you will receive an email explaining that your identity could not be verified and directing you to a customer service representative.
We do not knowingly maintain or sell the personal information of minors under 16 years of age without affirmative authorization.
If we receive an access request pertaining to household information, we may request further verification, as permitted by law, and may provide information in an aggregated format.
Right to Request Deletion
You have the right to request the deletion of your personal information that we collect or maintain. You can submit a verifiable request to delete by submitting this online request form. You will be directed to enter your name, your email address, zip code, and phone number. You will be asked to confirm that you do, in fact, wish to proceed with the deletion, considering that fulfillment of this request will mean that Phixey and you will no longer have access to order history, gift registries, or any related services at Phixey. Once you confirm, if we have a matching email address on file, we will send a link, which you will have to click to begin the identity verification process. We will then compare your zip code and phone number against our records. If we cannot verify your identity, you will receive an email explaining that your identity could not be verified and directing you to a customer service representative.
If we reject the request to delete, you will receive an email detailing the reasoning for denying the request. We may deny a delete request if your information is necessary to:
Complete a transaction, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you or reasonably anticipated within the context of our ongoing business relationship with you;
Perform a contract with you;
Comply with federal, state, or local laws, including tax-exempt transaction and sales tax audit obligations, defend legal claims, including pending chargeback disputes, or other legal obligations;
Detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity, or prosecute those responsible for that activity;
Debug to identify and repair errors that impair existing intended functionality, or
Use internally in a lawful manner that is compatible with the context in which you provided the information. Right to Opt-Out of the Sale of Personal Information
You have a right to opt out of the sale of your personal information. While we do not sell customer data in exchange for monetary compensation, we do share information in certain circumstances for valuable consideration. For example, Phixey sometimes shares customer information with each other for marketing purposes. We also sometimes share with a third party that serves as an industry data consortium.
If we have a good-faith, reasonable, and documented belief that a request to opt-out of sale is fraudulent, we may deny the request. In this instance, we will inform the requesting party that we will not comply with the request and will provide an explanation for why we believe the request is fraudulent.
Right to Non-Discrimination
You have a right not to receive discriminatory treatment by us for the exercise of privacy rights conferred by the CCPA, including, but not limited to, by:
(1) Denying goods or services to you;
(2) Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
(3) Providing a different level or quality of goods or services to you;
(4) Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may charge you a different price or rate, or provide a different level or quality of goods or services, if that difference is reasonably related to the value provided to us by your data. In addition, we may offer financial incentives, including payments to you as compensation, for the collection of personal information, the sale of personal information, or the deletion of personal information. We may also offer a different price, rate, level, or quality of goods or services to you if that price or difference is directly related to the value provided to us by your data. We will notify you of such financial incentives. We will enter you into a financial incentive program only if you give us prior opt in consent which clearly describes the material terms of the financial incentive program, and which may be revoked by you at any time. We will not use financial incentive practices that are unjust, unreasonable, coercive, or usurious in nature.
Protecting Children`s Privacy
We adhere to a strict privacy code regarding children and do not knowingly collect or accept personal information from any child under the age of 16. If it is brought to our attention that we have unknowingly received personal information from a child under 16, we will immediately remove all of that child’s personal and identifiable information from our records. In addition, we will not disclose this information to any other companies. California users under the age of 18 may request the removal of their content or information publicly posted on the Website by e-mailing us at the appropriate brand’s customer service email address identified below.
Be Careful When You Share Information with Others
Please be aware that whenever you share information on a publicly available area of our Websites, such as in a product review, that information may be accessed by others. In addition, please remember that when you share information in any other communications with third parties, that information may be passed along or made public by others. This means that anyone with access to such information can potentially use it for any purpose, including sending unsolicited communications.
Links to Sites and services
We take our customers’ personal information seriously and take steps to protect our customers` personal information against loss, misuse, alteration, and unauthorized access. We use encryption technology whenever receiving and transferring your payment information on our Websites.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You are responsible for all activities that occur under your account or password. As a result, it is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a computer that others may have access to.
A Privacy Promise
We support and adhere to the self-regulatory guidelines and principles of the ANA and the Digital Advertising Alliance Self-Regulatory Principles for Interest-based Advertising. In doing so, we agree to comply with a customer`s requests to not share their information with other companies or to contact them for marketing purposes by postal mail, telephone, email, or through interest-based advertising.
Processing in the United States
Dispute resolution, Arbitration Agreement & Waiver of Certain Rights
We are committed to resolve complaints about your privacy and our collection or use of your personal information.
Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or our individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
3000 SW 4th Ave
Fort Lauderdale, FL 33315