PRIVACY POLICY

Divinity Group (“Divinity Group”) is committed to protecting the online privacy of visitors, users and customers of all of Divinity Group Services. By using or accessing this website you signify your acknowledgment and assent to the Privacy Policy set forth below (the “Privacy Policy”). Please do not use this Site if you disagree with any part of this Privacy Policy. Divinity Group reserves the right to change this Privacy Policy at any time, and will post any material changes to this Privacy Policy as soon as they go into effect. Please refer back to this Privacy Policy on a regular basis.

The privacy policy set forth below applies to all online services functions, facilities, products and services directly provided by Divinity Group (the “Divinity Group Service”). This Privacy Policy discloses Divinity Group’s information gathering and dissemination practices for the information collected through our stores, call centers and websites operated by or on behalf of Divinity Group, including without limitation, the websites located at www.divinitygroup.com (the “Site”). This Privacy Policy does not apply to Personal Information that you provide directly to third parties whose services or content you access via a Divinity Group Service. You should check the applicable privacy policy of any third party service providers whose service or content you access.

To the extent permitted by law, Divinity Group does not represent or warrant that Divinity Group Services, or any part thereof, is appropriate or available for use in any specific jurisdiction. Those who choose to access Divinity Group Service do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.

1. INFORMATION WE COLLECT

PERSONAL INFORMATION

We may collect personal information from you (including, without limitation to, your name, billing address, shipping address, email address, phone number, credit card number and expiration date, gender, date of birth, event type and date) when you provide it to us such as when you create an account, place an order, register for your products, sign-up for the gift registry, enter a promotion, sign-up for a newsletter, participate in a survey, contact customer service or otherwise interact with us. We may maintain a record of the purchases you make with us.

You do not have to provide us with any information to view most of the Divinity Group website, but you may be unable to access certain options, offers, and services. If you do choose to give us Personal Information through Divinity Group Service, we will collect and retain that information in accordance with this Privacy Policy. We may use your personally identifiable information in the following ways:

  • To process and fulfill your order and to send you emails to confirm your order status and shipment;

  • To communicate with you and to send your information by email, postal mail, telephone, or other means about our products, services, sweepstakes, contests and other promotions;

  • To administer and fulfill our sweepstakes, contests and other promotions;

  • To help us learn more about your shopping preferences;

  • To help us address problems with and improve our site design, products and services;

  • To enhance your shopping experience;

  • To analyze trends and statistics;

  • To protect the security or integrity of our websites and business;

  • To contact you if necessary.

Divinity Group takes reasonable steps to ensure that the Personal Information we process is accurate, complete, and current, but we depend on you to update or correct your Personal Information whenever necessary. All users of Divinity Group Service are required to provide true, current, complete and accurate Personal Information when prompted and we will reject and delete any entry that we believe in good faith to be incorrect, false, falsified, or fraudulent, or inconsistent with or in violation of the Privacy Policy.

COOKIES

This Site uses “cookies,” which are small data files that are stored on your computer when you visit a website. Cookies enhance or personalize your online browsing and shopping experience as it functions to remember the items in your shopping cart, store your preferences, recognize you when you return to this Site, track your orders, and monitor and maintain information about your use of this Site. Cookies also may be used to collect transaction information needed by promotions conducted on this Site.

Cookies do not cause damage to your computer system or files, and only the website that transferred a particular cookie to you can read, modify or delete such cookie. You can set your browser not to accept cookies or to notify you when you are sent a cookie, giving you the opportunity to decide whether or not to accept it. If you do not accept cookies, however, you will not be able to access your account information or make purchases on this Site.

PIXEL TAGS

We use “pixel tags” (also called “web beacons” or “clear gifs”), which are tiny graphic images, on this Site and in our emails. Pixel tags help us analyze our customers’ online behavior and measure the effectiveness of this Site and our advertising. We work with service providers that help us track, collect, and analyze this information.

Pixel tags on this Site may be used to collect information about your visit, including the pages you view, the features you use, the links you click, and other actions you take in connection with this Site. This information may include your computer’s Internet protocol (IP) address, your browser type, your operating system, date and time information, and other technical information about your computer. We may also track certain information about the identity of the website you visited immediately before coming to this Site. We do not otherwise track any information about your use of other websites.

Pixel tags and cookies in our emails may be used to track your interactions with those messages, such as when you receive, open, or click a link in an email message from us.

We also work with third-party companies that use tracking technologies to serve advertisements on our behalf across the Internet. These companies may collect information about your visits to this Site and your interaction with our advertising and other communications. If you would like more information about this practice and to know your choices about not having your information used by these companies, please visit http://www.networkadvertising.org/managing/opt_out.asp.

NON-PERSONAL INFORMATION

When you use a Divinity Group Service, we may also collect “non-personal information”. We consider “non-personal information” to be information that, by itself, cannot be used to identify or contact you personally, such as demographic information (education level, profession, zip code, etc.). Non-personal information may also include technical information, such as your IP address and other anonymous data involving your use of Divinity Group Service. Non-personal information may also include information that you provide us through your use of Divinity Group Service, such as the terms you enter into the search functions of Divinity Group Service. We reserve the right to use or disclose non-personal information pursuant to this Privacy Policy.

In addition, we reserve the right to disclose certain information when, in its sole discretion, it determines that such disclosure is necessary to protect Divinity Group or its employees, their rights or property, or to protect the physical safety or health of employees of Divinity Group or a member of the general public.

2. USE OF INFORMATION WE COLLECT

OUR SERVICE

We use your Personal Information to provide you with any services that you may request or require, to communicate with you and to allow you to participate in online surveys. We use aggregated non-personal information about our users to understand our website’s demographics, such as the geographic distribution of our users, the number of users visiting a certain location, a combination of these and/or other demographics. We may also use the personal or non-personal information we collect to analyze how Divinity Group Service is being used, and to improve the content of Divinity Group Service, and for marketing and promotional efforts, including direct marketing, so that we or any of our related companies can send you information about products and services which we believe may be of interest to you.

E-MAIL COMMUNICATIONS

If you send us an e-mail with questions or comments, we may use your Personal Information to respond to your questions or comments, and we may save your questions or comments for future reference. You also may be asked for consent to being contacted by e-mail, and to send you (either by ourselves or by a related company) information about products and services which we believe may be of interest to you. You will have the opportunity to subscribe to an electronic newsletter that will send information about Divinity Group Service or our advertisers to your e-mail address. However, we will provide you with the option to change your preferences and opt-out of receiving those communications.

3. DISCLOSURE OF INFORMATION TO THIRD PARTIES

AGGREGATE INFORMATION

Except as specifically set forth in this Privacy Policy, we do not share your Personal Information with any non-affiliated third party without your permission. We may disclose aggregate information, such as demographic information, and our statistical analyses to third parties, including advertisers or other business partners. This aggregate information does not include your Personal Information.

CO-BRANDED SERVICES AND FEATURES

Divinity Group Service may also offer co-branded services and features, such as events and/or promotions that we put together with another company or with our Affiliates (“Co-Branded Partner”). Such services and features may be hosted on Divinity Group Service and/or on our Co-Branded Partner’s website. We may share your Personal Information with our Co-Branded Partner and your voluntary use of, or participation in, a co-branded service or feature means that you opt-in and give your affirmative consent to both Divinity Group Service and our Co-Branded Partner to collect and use your Personal Information provided during the registration process and/or in connection with the specific co-branded feature or service for the fulfillment of the feature or service and for marketing or administrative purposes. If you wish to opt-out of a Co-Branded Partner’s future use of your Personal Information for marketing purposes, you will need to contact the Co-Branded Partner directly.

SERVICE PROVIDERS

We sometimes engage unaffiliated businesses to assist us in providing you certain services. For example, we may use third parties (including a payment gateway service provider) to provide advertising, marketing and promotional assistance, provide e-mail services, or facilitate sales and our online services. In those instances, we may need to share your Personal Information with them. We require these companies to use your Personal Information only to provide the particular product or service and do not authorize them to use your Personal Information for any other reason.

We sometimes offer promotions in conjunction with a third party sponsor. If you choose to participate in one of those promotions, we may share your information with the sponsor if they need it to send you a product or other special promotion they offer.

BUSINESS TRANSACTIONS INVOLVING DIVINITY GROUP SERVICE

As Divinity Group Service continues to develop, we may engage in commercial transactions such as buying, selling or combination of such with other businesses. If so, non-personal and Personal Information that we or other businesses have collected will likely be transferred as part of the transaction. If we engage in such a business, we will attempt to ensure that requests made to us regarding e-mail communications will be honored by relevant third parties.

THIRD PARTY ADVERTISERS

We may use third-party advertising companies to deliver specific advertisements to you. These companies would collect non-personal information about your visits to Divinity Group Service in order to provide advertisements about products and services that may be of interest to you. These companies may also aggregate your non-personal information for use in targeted advertising, marketing research, and other similar purposes. These companies may place their own cookies on your computer. If you want to prevent a third-party advertiser from collecting and using this information, you may visit each third-party advertiser’s website directly and opt-out.

OTHER DISCLOSURES

We may disclose Personal Information when we are required or requested in good faith to do so by law, court order or other government or law enforcement authority or regulatory agency; to enforce or apply our rights and agreements; or when we believe in good faith that disclosing this information is necessary or advisable, including, for example, to protect the rights, property, or safety of Divinity Group Service and Divinity Group, our users, or others.

4. CHILDREN

Divinity Group Service is not designed for use by children without their parent’s supervision. We ask that anyone under the age of thirteen not submit any Personal Information through a Divinity Group Service. We do not knowingly collect any Personal Information from children under the age of thirteen (13), and therefore we do not knowingly distribute such information to third parties. If we learn that we have collected the personal information of a child aged under 13 we will take steps to delete the information as soon as possible.

5. SECURITY OF THE INFORMATION WE COLLECT

The security of your Personal Information is important to us. We maintain physical, electronic, and procedural safeguards to secure your Personal Information. However, please remember that there is always some risk in transmitting information electronically prior to our collection. The Personal Information we collect is stored within databases that we control. As we deem appropriate, we use security measures consistent with industry standards, such as firewalls and encryption technology, to protect your information. We restrict access to Personal Information to employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

6. CHAT ROOMS AND OTHER PUBLIC AREAS

We may offer chat, user reviews, bulletin boards, or other public functions and any posting by you is considered public information available to other users. Any posting is governed by Divinity Group Service’s End User Terms and Conditions for Applications. You should take care to not use Personal Information in your screen name or other information that might be publicly available to other users.

7. USER GENERATED CONTENT UPLOAD

Registered users that participate by submitting content to us agree to have certain Personal Information posted on Divinity Group Service and on any platform on which we operate or provide services, or, if such feature is offered in connection with a Co-Branded Partner, on our Co-Branded Partner’s website in connection with the display of the user’s video. Registered users that upload videos may also be required to submit additional Personal Information.

Any submissions that you make to any public areas of the Site such as bulletin boards ( “Public Areas”) will be public and will not be considered Personal Information. We do not control, and are not responsible for, the actions of other users of the Site or of Clients with respect to any information you post in Public Areas. In addition, information that you submit to Public Areas may be collected and used by others to send you unsolicited messages and for other purposes.

8. ARCHIVED INFORMATION

We maintain archives of its web logs, database, and other systems and information. Please note that it is possible some of this information may remain archived after we delete the information from its active database. We maintain archives for disaster recovery, legal and other non-marketing purposes.

9. CONTESTS AND SWEEPSTAKES

Registration may not always be required to enter promotions such as contests and sweepstakes on Divinity Group Service. These may have a separate registration or entry process and may require your submission of Personal Information such as your first and last name, street address, city, state and zip code, e-mail address, telephone number and date of birth. The entry page and/or Rules will provide the specific requirements for the promotion involved. You may also have the opportunity to opt-in to special offers from our advertisers in connection with many of these types of promotions.

10. INTERNATIONAL TRANSFER OF INFORMATION

We will transfer and store Personal Information you provide to us via the Divinity Group Service on servers located in the United States. We may also transfer Personal Information we collect from you to other countries outside of your jurisdiction to our affiliates or to the third parties referred to in this Privacy Policy. By providing your Personal Information to us, you consent to us transferring your information outside of your jurisdiction.

Information you provide may be transferred or accessed by entities around the world as described in this Privacy Policy. Divinity Group abides by the “safe harbor” framework set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information collected by organizations in the European Economic Area and Switzerland. Learn more about the U.S. Department of Commerce Safe Harbor Program at http://www.export.gov/safeharbor

11. ACCURACY OF THE INFORMATION WE COLLECT

California Civil Code Section 1798.83 permits customers of Restoration Hardware who are California residents to request certain information regarding its disclosure of personally identifiable information to third parties for their direct marketing purposes. Any questions you may have regarding this Privacy Policy, the accuracy of your Personal Information or the use of your Personal Information, or any requests to access your information or that we correct, update, or remove your information in our databases, should be directed via e-mail to info@divinitygroup.com. This e-mail address is being protected from spam bots. You need JavaScript enabled to view it, or via regular mail to:

DIVINITY GROUP

60 Post Street

San Francisco, CA 94104

Attn: Customer Service

When we receive formal written complaints at this address, it is Divinity Group’s policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between Divinity Group and you.

If we receive a request to change your information, we will make reasonable efforts to ensure that all of your Personal Information stored in databases we actively use to operate Divinity Group Service will be updated, corrected, changed or deleted, as appropriate, as soon as reasonably practicable.

However, we reserve the right to retain in our archival files any information removed from, or changed in, our active Divinity Group Service databases. We may retain such information to resolve disputes, troubleshoot problems and enforce our End User Terms and Conditions for the Application. In addition, it is not technologically possible to remove each and every record of the information you have provided to us.

This Privacy Policy is effective as of January 1, 2013, and complies with Divinity Group’s Corporate Privacy Policy. We reserve the right to change this Privacy Policy at any time, and will post any material changes to this Privacy Policy as soon as they go into effect. Please refer back to this Privacy Policy on a regular basis.