Privacy Policy

LAST UPDATED AND EFFECTIVE DATE: SEPTEMBER, 2023

Lexington Home Brands (“Lexington,” “we,” or “us”) is committed to protecting your privacy and keeping your personal information secure. This Privacy Policy (the “Privacy Policy”) describes how we collect, use, and share your personal information. This Privacy Policy applies to personal information collected via our (i) websites including but not limited to www.lexington.com, www.tommybahamafurniture.com, lexingtonfurniture.com and www.artisticahome.com; (ii) apps including, but not limited, to Shop Lexington, Lexington Digital Showroom, and LHB Design Pro, and (iii) other digital and online services we provide, or offline ((i), (ii) and (iii), collectively, the “Sites”).

By using our Sites, you signify your acceptance of our Privacy Policy, as amended from time to time. If you do not agree with the terms of this Privacy Policy, please do not use our Sites. More information about the rules applicable to your use of our Sites can be found here: Terms of Use.

PERSONAL INFORMATION WE COLLECT ABOUT YOU

“Personal information” is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household. Personal information does not include information that is publicly available, de-identified, or aggregated.

The chart below summarizes the categories of personal information we collect:

HOW WE COLLECT YOUR PERSONAL INFORMATION

We collect your personal information through various means, including when you directly provide information to us and when we automatically collect information about you through your use of our Sites. In some instances, you may be able to choose what information to provide, but sometimes we require certain information from you to use certain features of our Sites. A summary of the categories of the sources from which we collect personal information is set forth below and a more detailed explanation of those categories of sources follows after the chart.

* Directly from You. We collect personal information you provide directly to us, including when you, or someone on your behalf, provides information to us to:

• Purchase products from us;
• Register or maintain an account with us;
• Subscribe to our email communications/newsletter;
• Enter search terms on our Sites;
• Use the Wishlist feature on our Sites;
• Download or use our apps;
• Search for a dealer via our Sites;
• Post comments or reviews on our Sites or social media pages;
• Obtain technical support;
• Participate in a survey, testimonial, marketing promotion, sweepstakes, or contest;
• Sign up for an event with us;
• Contact us via phone, email, text, online chat, or postal mail; or
• Connect with us via social media.

** Information We Collect Automatically. In addition to information you provide to us, we as well as our service providers, may automatically collect some personal information about you, including when you:

• Browse or search our Sites;
• Download materials from our Sites, such as brochures or catalogs;
• Open an email or text message from us or click on a link contained in our emails or texts;
• Communicate with us via online chat;
• Download or use our apps;
• Click on an online advertisement for our products;
• View our social media profiles and sites; or
• Post or share information about us or our products.

From time to time, we may purchase personal information from third parties.

*** Cookies and Tracking Technologies. We and our service providers use cookies and other tracking technologies (such as web beacons, tracking pixels, and HTTP referrers) to collect and store information about your interactions with our Sites, including information about your browsing and purchasing behavior, as well as tracking conversions of our advertisements. Cookies are small files that are transferred to a computer’s hard drive through a web browser that enables the site’s or service provider’s systems to recognize the user’s browser and capture and remember certain information. In general, we and our service providers use cookies and other tracking technologies to optimize the functionality of our Sites (including by storing your browsing preferences for future visits and identifying repeat visitors), optimizing our chat functionality, to help us understand how our Sites are used, and to provide users with content or advertising based on their browsing activities. These technologies may be used by third-parties with whom we have a relationship, including search engines, maps and social media networks, who collect and may provide us with your personal information.

If you do not want to have cookies placed on your device, you should set your browser to refuse cookies before accessing our Sites. Please see your browser’s Help menu for instructions, or visit www.allaboutcookies.org for more information on disabling and deleting cookies. Please note that, if you turn cookies off, some features of our Sites may not function properly.

Emails that we and our marketing service providers send may include tracking tools that provide us with information related to whether you’ve opened an email or clicked on a link contained in an email. More information on how to unsubscribe from our marketing emails is found below.

Website Analytics Information. We use Google Analytics to ensure website functionality and improve our Sites. This software may record information such as your IP address, location, age and gender, browser type and language, operating system, access time, duration of visit, pages you view within our Sites, search terms you enter, and other actions you take while visiting us, the pages you view immediately before and after you access our Sites, how often you use our Sites, aggregated usage and performance data, application errors, and debugging information. Google Analytics is owned and controlled by Google LLC. Data collected by Google is subject to its privacy policy.

Meta Pixel. As noted, we use pixel technologies. One such technology is Meta Pixel. Meta Pixel is a piece of code on your website that can help us better understand the effectiveness of our advertising and the actions people take on our sites, like visiting a page or adding an item to their cart. We may also be able to see when customers take an action after seeing our ad on Meta platforms, such as Facebook and Instagram, which can help us with retargeting.

Devices and App Stores
For more details on personal information being collected by Apple and Google while using Apple or Android devices or upon downloading our mobile apps, please review the following links:

Apple Devices: https://www.apple.com/legal/pr...

Android Devices: https://policies.google.com/pr...

HOW WE USE YOUR PERSONAL INFORMATION
We use your personal information for the following purposes:

Aggregated/De-identified Information
We may aggregate and/or de-identify your personal information so that it can no longer be linked to you. We may use and share aggregated/de-identified information for any purpose at our sole discretion.

HOW WE DISCLOSE YOUR PERSONAL INFORMATION
The following describes our policies with respect to the disclosure of your personal information with others. When we disclose your personal information, we require that our contractors, business partners, and service providers use the information only in accordance with the terms of this Privacy Policy.

As discussed above we use cookies and tracking technologies, as well as website analytics, which may provide access to third-parties the personal information disclosed above. We use third parties with whom we have a relationship, including search engines, maps and social media networks, to place ads on other sites. We do this by allowing these third parties to place their cookies on a browser of an individual who visits our Sites and accepts the use of cookies. The data received by our third party partners allows them to measure the effectiveness of such advertising and to provide advertisements on other websites about our services which are tailored to your interests. The disclosure of data received by our third party partners may be considered a sale of personal information or sharing of personal information for cross-context behavioral advertising (targeted advertising).

In addition, we disclose personal information to service providers and contractors for various business purposes, identified below.

• Auditing and Ad Impression: We use personal information for auditing purposes related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.
• Security and Fraud Detection: We use personal information for our security and fraud detection services including detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity; and prosecuting those responsible for that activity.
• Functionality & Debugging: We use personal information to engage in debugging to identify and repair errors that impair existing intended functionality.
• Short-Term / Transient Use: We use personal information for short-term, transient use, including, but not limited to, non-personalized advertising shown as part of a consumer’s current interaction with the business, provided that the consumer’s personal information is not disclosed to another third party and is not used to build a profile about the consumer or otherwise alter the consumer’s experience outside the current interaction with the business.
• Services on Our Behalf: We may disclose personal information in order to received services performed on our behalf, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on our behalf.
• Advertising and Marketing Services: We use personal information to provide advertising or marketing services on our own behalf.
• Research & Development: We use personal information for our internal research related to technological development and demonstration.
• Quality Control &Improvement of Products and Services: We use personal information to verify, maintain, and improve our products and services.

• As Necessary: We may disclose personal information, as necessary, for the following purposes: (a) to comply with any legal process; (b) to respond to requests from public and government authorities; (c) to enforce our terms and conditions; (d) to protect our operations and protect our rights, privacy, safety or property, and/or that of you or others; and (e) to allow us to pursue available remedies or limit the damages that we may sustain. We may also disclose personal information to our insurers and professional advisers for the purposes of managing risks, obtaining professional advice, exercising or defending against legal claims, etc. Finally, we may disclose personal information in connection with or during negotiation of any reorganization, acquisition, 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 proceedings).

The following chart sets forth the categories of personal information we disclose for a business purpose.

VIDEO CONTENT
Our Sites may include content that is governed by the Video Privacy Protection Act (“VPPA”). Some of the cookies and other tracking technologies that we have disclosed above may provide to others access to your personal information (or personally identifiable information as that term is used under the VPPA). To the extent that the VPPA applies to our Sites, or any content on our Sites, by using our Sites you explicitly consent to our practices, including those that relate to video contents or otherwise governed by the VPPA.

HOW LONG WE KEEP YOUR PERSONAL INFORMATION
We will retain your personal information for as long as necessary to fulfill the purposes we collected it. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

PUBLIC FORUMS, REVIEWS, AND TESTIMONIALS
We offer features on our Sites that allow our customers to provide reviews and share information about their experiences with our products. You do not have to use these features, but if you do, please use good judgment when posting in these communities or sharing your information, photos, or videos with others.

Please be aware that any personal information you choose to submit in any review, testimonial, community, or forum can be read, collected or used by others, and could be used to send unsolicited messages to you.

Despite our safety and privacy controls, we cannot guarantee that you will not encounter inappropriate or illegal conduct from third parties. You can help us to make our Sites (including public forums) welcoming for all users by reporting any offensive or unwelcome conduct to us.

We may engage our service providers to assist in providing these community services to you.

OUR PRODUCTS AND WEBSITES ARE NOT INTENDED FOR CHILDREN
Our products and Sites are not intended for children nor targeted to children under the age of eighteen (18). We do not knowingly collect personal information from children under the age of 18. If we learn that we possess information from a child under the age of 18, we will delete such information in accordance with the Children’s Online Privacy Protection Act (“COPPA”) or other applicable laws (such as the California Privacy Rights Act). If you are a parent or guardian and you believe that your child under the age of 18 has provided us with personal information without your consent, please contact us at ConsumerPrivacy@lexington.com.

EMAIL COMMUNICATIONS
You may unsubscribe from our marketing communications by clicking the “unsubscribe” link found in every commercial email we send, or by sending us a request to unsubscribe at ConsumerPrivacy@lexington.com. If you opt-out of receiving marketing email communications, we may still send you email messages related to your account or specific transactions with us. Unsubscribing yourself from our marketing communications will not affect our service to you.

TEXT MESSAGES AND ALERTS—OPTING IN AND OUT
You have the choice to opt-in to receiving text/SMS messages and alerts on the mobile phone number(s) you provide to us. Once you have opted-in, we may send you text messages (i) regarding your account; (ii) to investigate or prevent fraud; and (iii) to alert you in the event of an emergency. We may send you text messages and alerts using auto-dialed technology. We will not contact you via text messages or alerts for marketing purposes without your prior express written consent. You do not have to opt-in to text messages and alerts to use and enjoy our Sites or products. If you opt-in, standard text messaging charges may apply. For more information regarding our text messaging and alerts, please contact us at ConsumerPrivacy@lexington.com or 1-800-539-4636.

You may choose to opt-out from our text messages and alerts at any time using any reasonable means. To directly opt-out, send us a text message from your mobile phone with the word STOP, STOP ALL, END, QUIT, CANCEL or UNSUBSCRIBE, and we will unsubscribe you from text communications. Once you opt-out, you will not receive any additional text messages via your mobile phone. Please keep in mind that if you opt-out of receiving text messages and alerts we may not be able to contact you with important messages regarding your account. However, if there is an emergency or account question, we will make every attempt to contact you in other ways, such as by email or on a landline phone.

DO NOT TRACK
We do not currently have the technology to automatically respond to “Do Not Track” (DNT) signals sent by web browsers, mobile devices, or other mechanisms. If you are a California resident who wishes to delete your personal information, please see the instructions for submitting such requests, below.

INFORMATION SECURITY
We have implemented appropriate and reasonable physical, technical, and administrative safeguards to help prevent unauthorized access to, use of, and disclosure of, your personal information. However, there is no perfect security, and we cannot guarantee the security of your personal information. Please do your part to help keep your personal information secure by maintaining the secrecy of any credentials used to access your account and reporting suspected unauthorized activity to us immediately.

YOUR CALIFORNIA PRIVACY RIGHTS
If you are a resident of California, your right to submit certain requests relating to your personal information is described below. Please note that when submitting a request, you will be asked to provide information to verify your identity before action is taken. You may designate an authorized agent to make the requests below on your behalf; however, you will still need to verify your identity directly with us before your request can be processed.

Right to Opt-Out of the Sale or Sharing of Your Personal Information
California residents have the right to opt-out of the sale of their personal information. As discussed above in the “How We Disclose Your Personal Information” section, certain of our practices may constitute a sale or sharing (for cross-context behavioral advertising) of personal information. You may opt-out of the sale or sharing of your personal information by clicking here: Do Not Sell or Share My Personal Information.

Right to Limit the Use of Your Sensitive Personal Information

California residents have the right to request that a company limit the use or disclosure of your sensitive personal information to that use which is necessary to perform the services or provide the goods reasonably expected, including an otherwise authorized purpose under California law. We do not collect, use or disclose any sensitive personal information. As such, this right does not apply to you.

Right to Know / Request More Information
If you are a California resident, you have the right to know, to the extent applicable: (1) the categories of personal information we have collected about you; (2) the categories of sources from which the personal information was collected; (3) our business or commercial purposes for collecting your personal information; (4) the categories of third parties to which we sold your personal information; and (5) the specific pieces of personal information we have collected about you. You also have the right to know the list of all third parties to whom we have disclosed personal information, as defined under California Civil Code Section 1798.83(e) (a/k/a the “Shine the Light Law”), during the preceding year for third party direct marketing purposes.

For California residents, since we disclose your personal information, as described above, you have the right to request that we tell to you: (1) the categories of personal information that we collected about you; (2) the categories of personal information that we sold about you and the categories of third parties to whom the personal information was sold, by category or categories of personal information for each category of third parties to whom the personal information was sold; and (3) the categories of personal information that we disclosed about you for a business purpose and the categories of persons to whom it was disclosed for a business purpose.

You may submit a request for the information above via email to ConsumerPrivacy@lexington.com or by calling us at 1-800-539-4636. In connection with the submission of your request, you will need to verify your identity before action is taken. We will let you know what information is needed for verification.

Right to Correct Inaccurate Information
California residents also have the right to request that we correct your personal information collected or maintained by us. If you believe that any of the personal information we maintain about you is inaccurate, you have the right to submit a request for us to correct that information. Upon receipt of a request, we will use commercially reasonable efforts to correct the information as you direct.

You may submit a request to correct via email to ConsumerPrivacy@lexington.com or by calling us at 1-800-539-4636. In connection with the submission of your request, you will need to verify your identity before action is taken. We will let you know what information is needed for verification.

Right to Request Deletion of Your Personal Information
California residents also have the right to request that we delete your personal information collected or maintained by us. We will let you know what, if any, personal information we can delete from our records, and we will direct any service providers that may have collected personal information about you to delete your personal information from their records. There may be circumstances where we cannot delete your personal information or direct service providers to delete your personal information from their records. For example, if we need to: (1) retain your personal information to complete a transaction or provide services; (2) detect security incidents; (3) protect against unlawful activities; (4) identify, debug or repair errors; or (5) comply with a legal obligation.

You may submit a request to delete your personal information by email to ConsumerPrivacy@lexington.com or calling us at 1-800-539-4636. In connection with the submission of your request, you will need to verify your identity before action is taken. We will let you know what information is needed for verification.

Verification of Requests to Know, Correct or Delete Personal Information
Upon submission of a request to know, correct and/or delete information, we will take reasonable steps to confirm that the person submitting the request to know, correct and/or request to delete is the person to whom the information relates (or his or her authorized agent), and to prevent unauthorized access or deletion of information. The specific steps taken to verify the identity of the requesting person may vary based on the nature of the request, including the type, sensitivity, and value of the information requested, the risk of harm posed by unauthorized access or deletion, the likelihood that fraudulent or malicious actors may seek the information, the robustness of personal information provided to verify your identity, the nature of our business relationship with you, and available technology for verification.

We will generally try to avoid requesting additional information from you for the purpose of verification, but we may need to do so if we cannot verify your identity based on the information already maintained by us. If we request additional information to verify your identity, it will be for that purpose only and will be deleted as soon as practical after processing the request, except as otherwise provided by law.

The following generally describes the verification processes we use:

• Password Protected Accounts. If you have a password-protected account with us, we may use existing authentication practices to verify your identity but will require re-authentication before disclosing or deleting data. If we suspect fraudulent or malicious activity relating to your account, we will require further verification (as described below) before complying with a request to know, correct and/or delete.
• Verification for Non-Accountholders. If you do not have, or cannot access, a password-protected account with us, we will generally verify your identity as follows:

• For requests to know categories of personal information, we will verify your identity to a reasonable degree of certainty by matching at least two data points provided by you with reliable data points maintained by us.
• For requests to know specific pieces of personal information, we will verify your identity to a reasonably high degree of certainty by matching at least three data points provided by you with reliable data points maintained by us. We will also require a declaration, signed under penalty of perjury, that the person requesting the information is the person whose information is the subject of the request or that person’s authorized representative. We will maintain all signed declarations as part of our records.
• For requests to correct or delete personal information, we will verify your identity to a reasonable degree or a reasonably high degree of certainty depending on the sensitivity of the personal information and the risk of harm posed by unauthorized deletion. We will act in good faith when determining the appropriate standard to apply.

If there is no reasonable method by which we can verify your identity, we will state so in response to a request to know or delete personal information, including an explanation of why we have no reasonable method to verify your identity.

Right to Non-Discrimination for the Exercise of Your Privacy Rights
If you choose to exercise any of the privacy rights conferred by the California Privacy Rights Act, you also have the right not to receive discriminatory treatment by us. This means that, consistent with California law, we will not deny providing our services to you, charge you different prices or provide a different level or quality of service to you unless those differences are related to the value of your personal information.

YOUR RIGHTS IF YOU ARE A RESIDENT OF COLORADO, CONNECTICUT, VIRGINIA, UTAH, TEXAS, OREGON, FLORIDA OR MONTANA
If you are a resident of Colorado, Connecticut, Utah, Virginia, Texas, Oregon, Florida, or Montana, (except as noted below), you may have, or may soon have, certain additional rights set forth below. The rights of the residents of the states of Colorado, Connecticut and Virginia, to the extent applicable, are currently in effect. The rights of the residents of the state of Utah, to the extent applicable, go into effect on December 31, 2023. The rights of the residents of the states of Florida, Oregon and Texas, to the extent applicable, go into effect on July 1, 2024, and the rights of the residents of the state of Montana, to the extent applicable, go into effect on October 1, 2024.

Please note that these rights are subject to certain exceptions and certain of these rights are subject to verification mechanisms.

The Right to Know: You have the right to know whether we are processing your personal information, and, if you are a resident of Oregon, the categories of your personal information we have processed and the specific third parties to which we have disclosed it.

The Right of Access: You have the right to access your personal information, and to obtain a copy of it in a readily usable format, if feasible.

The Right to Correct Inaccuracies: You may request that inaccuracies in your personal information be corrected. Utah law does not provide for this right.

The Right to Delete: You have the right to request that your personal information be deleted, except in cases where retention is required by law or contractual obligation.

The Right to Data Portability: You have the right to obtain a copy of your data in a portable and, if feasible, readily usable format.

The Right to Opt-Out: You may elect to prevent your personal information from being:

1. Used in targeted advertising;
2. Sold;
3. *Used for profiling purposes that may produce legal or similarly significant effects.

* Utah law does not provide for this right.

The Right to Non-Discrimination for Exercising Your Rights: If you choose to exercise any of your rights, you have the right to not receive discriminatory treatment by us.

Rights Regarding Sensitive Personal Information: As noted, we do not collect any sensitive personal information. To the extent our practices change, in connection with your sensitive personal information: (a) if you are a resident of Utah or Oregon, we will not process that information without first presenting you with clear notice and an opportunity to opt out of the processing; and (b) if you are a resident of Colorado, Connecticut, Florida, Montana, Texas or Virginia, we will not process sensitive personal information without obtaining your consent. You have the right to withdraw your previous consent and opt out of further processing of your sensitive personal information.

As noted in this Privacy Policy, our products are not intended for children. However, if we have actual knowledge that you are 13 years of age and not older than 16 years of age, we will not without your consent process your personal information for the purposes of targeted advertising, profiling in furtherance of decisions that produce legal effects or effects of similar significance or selling your personal information.

You may submit a request via email to ConsumerPrivacy@lexington.com or by calling us at 1-800-539-4636. Information requests under “Right of Access” will be transmitted securely. If we cannot fulfill your request, we will notify you of that decision and the reasons why within 45 days. At that point if you believe our decision was in error, you can submit an appeal using the method(s) above. If the result is the same, you can also seek assistance and/or redress from your state attorney general.

NEVADA PRIVACY NOTICE
Nevada law provides that Nevada residents may opt-out of the “sale” of “covered information” to third parties, including but not limited to name, address, social security number, and online service activity. Our uses of your personal information are not sales under Nevada law, so no opt-out is required.

NON-U.S. VISITORS
Our Sites are intended for a U.S. audience. This Privacy Policy is intended to meet the laws and requirements of the United States, which may not necessarily be consistent with or as comprehensive as the laws and regulations of other countries. If you are located outside of the United States, please be advised that any information you provide to us will be transferred to the United States and that by submitting information, you explicitly authorize its transfer.

CHANGES TO OUR PRIVACY POLICY
We may change this Privacy Policy at our sole discretion at any time. It is your responsibility to review our Privacy Policy before using our Sites, or otherwise submitting personal information to us.

HOW TO CONTACT US
If you have any comments or questions about how we collect and use your personal information, communications can be submitted to our postal address, via email to ConsumerPrivacy@lexington.com, or by calling us at 1-800-539-4636.

Lexington Home Brands, 1300 National Highway, Thomasville, North Carolina 27360, Attention: Marketing Department

WHAT’S NEW
We updated our Privacy Policy as to the types of personal information we collect and the uses of that personal information, added rights for residents of various additional states and included a disclosure for the VPPA.