Privacy Policy

Last Revised: October 2019

This is the Privacy Policy of DUFFY NY and its subsidiary companies (collectively “DUFFY NY,” “we,” or “us”), which applies to the website located at https://www.duffyny.com and its affiliate sites, subdomains, mobile versions and any associated applications (collectively, the “Website”).

DUFFY NY understands that your privacy is important to you and that you care about how your personal information is used and shared online. We respect and value the privacy of everyone who visits this Website, and will only collect and use personal information in ways that are described here (whether or not you have an account with us), and in a manner that is consistent with our obligations and your rights under the law.

In conjunction with the Terms of Service, this Privacy Policy sets out the basis on which any personal information you provide will be collected, processed, used and stored by us. Please read it carefully. By visiting this Website, you are accepting and consenting to the practices described in this Privacy Policy, which may be amended in our sole discretion from time to time.  If you use the Website after we have published such changes, you will be agreeing to be bound by those changes.  If you do not agree to be bound by this Privacy Policy at any time, you should not use the Website.

A. Registration on our Website

You must be the age of Majority or older (18 in most states of the United States; older in some jurisdictions) to become a member of the Website. While individuals under the age of 18 (but not younger than 13) may utilize the Website, they must do so only with the consent and involvement of a parent or legal guardian, under such persons account and otherwise subject to our Terms of Service. DUFFY NY does not seek through this Website to gather personal information from or about persons under the age of 18. NOTICE: Visit www.OnGuardOnline.gov for tips from the Federal Trade Commission on protecting children’s privacy online.

If we become aware that you are under the age of Majority and are attempting to or have submitted personal information via the Website, we will not accept such information and we will take steps to remove such information from our records. This may involve us having to access and verify your age and other relevant details.

B. Introduction

This Privacy Policy explains the following:

  1. What information we collect about you and why;
  2. How we use information about you;
  3. How your information may be shared;
  4. How we store and process information about you;
  5. When and how we communicate with you;
  6. How long we may keep personal information about you;
  7. How you can opt-out from receiving communications from us;
  8. How you can access or delete your personal information;
  9. Cookies and our Analysis Tools;
  10. Information over the Internet and other Websites;
  11. Legal disclaimer; and
  12. How to contact us.

 1. What information we collect about you and why:

We may collect two types of information: personally identifiable information (“PII”) and information that is not personally identifiable (“Non PII”). Please note that we do not sell your PII to anyone.

A. What PII Do We Collect?

When you register with us, we ask for information such as your first name, last name and email address.  We also acquire your Internet protocol address and/or mobile device identification, which certain jurisdictions consider to be PII because it could be used to identify an individual or device if it were combined with other identifying information.

  • We may capture user information when users send us questions or comments via e-mail. Information collected in this manner will only be used to contact the user and/or respond to the user’s inquiry/issue. Sending us an e-mail will not enroll you on our e-mail list unless you specifically request it.
  • For purchases made through the Website, depending on the payment method you select, DUFFY NY or a third-party payment processor such as PayPal or Google Pay will collect your full name, email address, postal address, contact details and credit or debit card information (“Billing Information”). This record will be stored and processed in the United States and other countries (see further below under “How we use information about you” and “How we store and process information about you”). By making a purchase, you grant to us and to all other persons and entities involved in the operation of the Website, the right to use, store, monitor, retrieve and transmit your account information in connection with the operation of the Website and as otherwise provided herein. You also agree that such access and use of your personal information is governed by their privacy policies. We are not responsible or liable for the content, activities or privacy policies of any third party sites. Accordingly, please refer to their respective privacy policies.
  • We generally do not request on or through the Website other information that is often considered “highly sensitive,” such as other financial account information (e.g., credit report information, bank account numbers), personal health information, or government issued identification (e.g., your social security card, drivers’ license, or passport), although we reserve the right to do so when such information is necessary to verify your Billing Information.
  • We take reasonable precautions to protect the confidentiality and security of your personally identifiable information by using industry recognized security safeguards such as site monitoring, secured networks and servers, firewalls and/or encryption. Your credit card information is always encrypted during transfer over networks. Unfortunately, no method of transmission over the Internet is completely secure. Therefore, while we strive to protect your personally identifiable information within industry standards, we cannot guarantee its absolute security.
  • We may also obtain your personal information through your use of social media and/or other websites such as Facebook, Twitter, Instagram or Pinterest, depending on your settings or the privacy policies of these websites. To change your settings on these services, please refer to their respective privacy notices.

B. What Non PII Do We Collect?

  • Some of the information that we acquire cannot identify, distinguish or trace you or your device, even if combined with other identifying information, and some information that could be considered PII when combined with other identifying information is not used in a way that identifies, distinguishes or traces you or your device, but is instead used in an anonymous way, often aggregated with other anonymous information about other users.
  • If your personally identifiable information changes, or if you no longer choose to use our services or the Website, you can contact customer service by e-mail or postal mail at the contact information listed below to assist you with changes to your account. To the extent your account closes or becomes inactive, we will continue to protect your information as described in this Privacy Policy.

DUFFY NY

58 West 40th Street

Floor 8

New York, NY 10018

customerservice@duffyny.com

2. How we use information about you:

A. We may use the PII we collect in the following ways:

  • to contact users with updates and relevant information about our products and services because they have signed up to do so through our Website. If you would no longer like to receive promotional e-mails or other communications from us, please refer to the “How you can opt-out from receiving communications from us” Section below;
  • to provide users with personalized offers, promotions, news, events and other relevant information. Such direct marketing shall be sent in response to a request from a user to receive newsletters, marketing emails or similar communications, or when a user has purchased products or services, or expressed interest in such products or services (e.g., attending a Showroom Appointment);
  • to quickly process user requests for information and to allow us to respond efficiently to user questions;
  • to monitor Website statistics;
  • to respond to or satisfy legal requirements, such as a court order, a subpoena, or a law enforcement agency’s or other public agency’s request;
  • to help prevent the instigation of a crime, to help facilitate an investigation related to public safety, to help protect the safety of a child using our Website, to help protect the security or integrity of our Website, or to enable us to take precautions against liability;
  • to provide information to service providers or such companies who provide support for the operations of our Website and who do not use or disclose the information for any other purpose;
  • to administer a contest, promotion, survey or other features; and
  • to allow us to disclose your information to the extent permitted by law.
3. How your information may be shared:

Except as set forth below, we do not sell, trade, or otherwise transfer to third parties our users’ PII unless we receive their consent. That being said, in the following situations, we may share PII with outside parties:

  • Affiliates. In connection with their content and advertisements, our Affiliates may collect personally identifiable information. We use a variety of tools for marketing purposes.
  • Subsidiaries, Website Consultants and Service Providers. We may disclose personal information to our subsidiaries, third party consultants and service providers (such as providers of hosting, support, returns, maintenance, store location services, third party payment processing agencies, and remedial and repair services) to the extent that they require access to our databases, or the information contained in our databases, to service us and the Website;
  • Enforcement of Rights/Security. We reserve the right to release personal information (i) when we are under legal compulsion to do so (e.g. we have received a subpoena) or we otherwise believe that the law requires us to do so, (ii) when we believe it is necessary to protect and/or enforce the rights, property interests, or our safety, the safety of our users, or the safety of others, or (iii) as we deem necessary to resolve disputes, troubleshoot problems, prevent fraud and otherwise enforce the Privacy Policy and other Website user agreements;
  • Reorganization or Sale. In the event that we merge with or become a part of another organization, or in the event that we are sold, we sell all or substantially all of our assets, or we are otherwise reorganized, the information you provide will be one of the transferred assets to the acquiring or reorganized entity;
  • To Help Protect Minor Users of Our Website. In the event that the safety of our users is threatened, and we are able to do something about that by sharing PII with third parties, we reserve the right to do so. This may be done to prevent the instigation of a crime, to help facilitate an investigation related to public safety, to help protect the safety of a child using our Website, to help protect the security or integrity of our Website, or to enable us to take precautions against liability;
  • As Otherwise Allowed by Law. We may transfer personal information to third parties where we are expressly authorized by applicable law to do so;
  • Aggregated Information. We may aggregate information that you provide with information provided by other individuals in such a manner that the information is not personally identifiable to you, and we may transfer that aggregated information to third parties;
  • We may make available services such as blogs, message boards and chat functionality to which you are able to post information and materials.  Please note that any information you disclose through such services or otherwise on the Website becomes public information, and may be available to visitors to the Website and to the general public.  In addition, when you choose to make a posting on such services certain personal information will be available for other users to view.  We urge you to exercise discretion and caution when deciding to disclose personal information about you, or any other information, on the Website.  WE ARE NOT RESPONSIBLE FOR THE USE BY ANY THIRD PARTY OF ANY PERSONAL INFORMATION YOU VOLUNTARILY DISCLOSE THROUGH ANY SUCH SERVICES OR OTHERWISE ON THE WEBSITE; and
  • With your express consent.
4. How we store and process information about you:

This Website is hosted in the United States. In order to communicate with you about products, offers and opportunities, the information that we collect from you may be transferred to, stored, used and processed by DUFFY NY in the United States or one of our service providers based in the United States or outside of the United States. Such entities may be engaged in, among other things: (i) preparing and sending newsletters to which you subscribe; (ii) the processing of payment details; and (iii) the provision of support services. 

If you are visiting from the European Union or other regions with laws governing information collection and use that may differ from United States law, please note that you are transferring your personal information to the United States. The laws of some countries may not provide the same levels of protection of personal information as your home country, particularly if you are resident in the European Union.  By submitting information, you agree to the collection, transfer, storage, use and processing of information about you for the purposes described in this Privacy Policy.  When you provide personal information to us or our service providers or vendors, you consent to the processing of your information in the United States as the Website is operated in the United States.  We will take reasonable steps to ensure that information about you is treated securely in accordance with this Privacy Policy, and that all information you provide to us is stored on our secure servers or those of our service providers. 

YOU ACKNOWLEDGE THAT THE LAWS OF THE UNITED STATES TREAT YOUR INFORMATION IN A MANNER THAT MAY BE SUBSTANTIALLY DIFFERENT FROM, AND LESS PROTECTIVE THAN, THE TREATMENT REQUIRED UNDER THE LAWS OF OTHER COUNTRIES AND JURISDICTIONS. IF YOU DO NOT WANT YOUR INFORMATION TRANSFERRED TO THE UNITED STATES, YOU SHOULD NOT SHARE YOUR INFORMATION WITH US, OR MAKE USE OF THIS WEBSITE. 

TO THE EXTENT ALLOWED BY THE LAW OF THE COUNTRY IN WHICH YOU ARE LOCATED, YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO REQUIRE US TO TREAT YOUR IDENTIFYING INFORMATION IN ACCORDANCE WITH THE LAWS OF ANY COUNTRY OR JURISIDICTION OTHER THAN THE UNITED STATES.  HOWEVER, THE FOREGOING WAIVER MAY NOT BE LEGALLY BINDING IN SOME COUNTRIES, SUCH AS THE MEMBER STATES OF THE EUROPEAN UNION.  TO THE EXTENT IT IS NOT LEGALLY BINDING IN THE COUNTRY IN WHICH YOU ARE LOCATED, THIS FOREGOING WAIVER DOES NOT APPLY TO YOU.

5. When and how we communicate with you:

You will receive tracking updates about your order via text, if you have selected this option during checkout. We will not send you unsolicited premium rate SMS messages (which are SMS messages you pay to receive), although your service provider may impose a charge on any messages that you receive.  Please check with your service provider for details. 

You can unsubscribe from promotional emails and other commercial communications by following the instructions contained within the communication. Please note that due to marketing production schedules you may receive any messages already in production.

6. How long we will hold personal information about you

We will hold personal information about you on our systems for as long as is necessary for the relevant service, subject to any applicable laws and/or regulations. In the case that you wish to cancel your registration as a member of the Website once an account is deleted, we will not use the personal information about you other than for administrative purposes. 

7. How you can opt-out from receiving communications from us:

At any time you can add or remove your name from a DUFFY NY list by contacting us at customerservice@duffyny.com.

We will endeavor to comply with your request as soon as reasonably practicable. Please keep in mind that if you opt-out of receiving promotional messages from this Website, we will continue to send you transactional messages and important account-related information regarding this Website or products or services offered through this Website.

You may also manage your receipt of marketing and non-transactional communications by clicking on the “Unsubscribe” link located on the bottom of any DUFFY NY marketing email and following the instructions found on the page to which the link takes you. You cannot opt out of receiving transactional e-mails related to the Website. Please allow us a reasonable time to process your requests.

8. How you can access or delete your personal information

At any time, you can request to access or delete your personal information by emailing us at customerservice@duffyny.com. Within 45 days of receiving a verifiable request, we will furnish the requested information free of charge, electronically or via regular mail. When reasonably necessary, if we need to extend the time period by an additional 45 days to provide the requested information, you will be notified. Pursuant to California Consumer Privacy Act of 2018, we are not required to provide personal information to a consumer more than twice in a 12-month period.

9. Cookies and our Analysis Tools

We may use cookies, log files, clear gifs, and/or similar devices to identify you, to keep track of the user’s interactions with the Website, and to and enhance certain activities available on the Website. These devices are small text or other electronic files that are used for user-identification purposes, record-keeping purposes, and to increase the ease of use of the Website. We may use persistent or not-persistent cookies. Users can remove or reject persistent cookies by following the directions provided in their Internet browser’s “help” file. If a user removes a persistent cookie or rejects persistent cookies, the functionality of the Website, or any part thereof, may be impaired or unavailable.

We use one or more third-party analytics services (such as Google Analytics on the Website) to evaluate your use of the Website, compile reports on activity (based on their collection of IP addresses, Internet service provider, browser type, operating system and language, referring and exit pages and URLs, data and time, amount of time spent on particular pages, what sections of the Website you visit, number of links clicked, search terms and other similar usage data), and to analyze performance metrics.

10. Information over the Internet and other Websites

The Internet is a global network and, therefore, there are times when information about you travels globally and may not always be completely secure.  If you provide us with information over the Internet, this will be at your own risk.  By using the Website, you agree and authorize us to process information in this way.  However, please be assured that we use commercially reasonable procedures and security features to prevent unauthorized access to information about you.

11. Legal disclaimer

We are not responsible nor will be liable to you in any way for events beyond our direct control. Because of the complex and constantly changing nature of our technology and business, we cannot guarantee nor do we represent that our performance will be error free, and to the maximum extent permitted by law we will not be liable for any direct, indirect, incidental, consequential or punitive damages or other loss suffered by you and relating to the use or release of your personal information.

YOUR CALIFORNIA PRIVACY RIGHTS

California Consumer Privacy Act of 2018

Beginning January 1, 2020, the California Consumer Privacy Act of 2018 (“CCPA”) will grant consumers the right to request a business to disclose the categories and specific pieces of personal information that the business collects about the consumer, the categories of sources from which that information is collected, the business purposes for collecting or selling the information, and the categories of third-parties with which the information is shared. DUFFY NY’s policies and procedures are in compliance with the CCPA as currently drafted. For more information regarding DUFFY NY’s CCPA policies and procedures, please contact us at customerservice@duffyny.com.

Shine the Light Law

A California privacy law that went into effect on January 1, 2005, the “Shine the Light” law, allows California residents to obtain a list of third parties to whom a business has disclosed personal information if it shares such information with third parties for their direct marketing purposes. However, if a business adopts and discloses in its privacy policy a policy of not disclosing customers’ personal information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and by providing a cost-free means to exercise that right.

As stated earlier in this Privacy Policy, personal information submitted at the time of registration or submission may be used for marketing and promotional purposes only with the user’s permission. Whenever a user agrees to allow us to collect personal information, we provide the user with an option to prevent such information from being shared for marketing and promotional purposes with third parties. Furthermore, you may exercise this cost-free option at any time by sending an email to customerservice@duffyny.com.

Because the website has a comprehensive privacy policy and provides you with details on how you may opt-in or opt-out of the use of your personal information by third parties for direct marketing purposes, we are not required to provide you with the third party list.

12. How to contact us:

We welcome your questions, comments and concerns about privacy. Please contact us at customerservice@duffyny.com with any questions or comments you may have regarding the privacy of your information.

DUFFY NY

58 West 40th StreetFloor 8

New York, NY 10018

Copyright © 2019 DUFFY NY. All Rights Reserved.