PRIVACY POLICY

Effective Date / Last Modified: June 5, 2022

1. OVERVIEW

This Privacy Policy governs all websites, apps, e-newsletters, social media accounts, and other digital media services (“Services”) that are operated and provided by DM Luxury, LLC dba Modern Luxury, and its parent, subsidiaries and affiliates companies (“we”, “us” or “our”).

This Policy describes:

• How we acquire and use the Data we receive from you when you access, visit, and/or use a Service;
• When and why the Data may be disclosed to third parties; and
• Your choices regarding the collection and processing of your Data

California residents, please see Sec. 9 regarding your state-specific rights.

By accessing, visiting or using any of our Services, you consent to this Privacy Policy. If you do not agree with any part of this Privacy Policy or our terms of service that may accompany each Service, please do not use any of the Services.

2. LINKS TO THIRD PARTY SITES

Please note that this Privacy Policy does not apply to information collected through third-party websites, applications, destinations, or services linked to from the Service that we do not own or control (“Third Party Services”). A link to any Third Party Service does not mean that we endorse it or the quality or accuracy of information presented on the Third Party Service. If you decide to visit a Third Party Service, you are subject to that Third Party Service’s privacy policy and practices, and not this Privacy Policy. We encourage you to carefully review the legal and privacy notices of all Third Party Services and other digital services that you visit.

3. INFORMATION WE MAY COLLECT

We collect various kinds of information that you provide to us as well as information we obtain from your use of the Services. Some of the types of information that we may collect (collectively referred to herein as “Data”) include:

“Personal Information”—information associated with or used to identify or contact a specific person. Personal Information includes: (1) contact data (such as e-mail address, telephone number); (2) demographic data (such as gender, date of birth and address including zip code); and (3) certain Usage Data (defined below), such as IP address.

“Usage Data”—information about an individual's online activity that, by itself, does not identify the individual. Usage Data that may be collected include:

• technical information, including your browser type, service provider, IP address, operating system and webpages visited;

• information about what you've searched for and looked at while using the Services;

• metadata, which means information related to items you made available through the Services, such as the date, time or location that a shared post was posted.

“Location Data” is a category of Personal Information collected about the location of a mobile device or computer, including:

• the location of the mobile device or computer used to access the Services derived from GPS or WiFi use;

• the IP address of the mobile device or computer or internet service used to access the Services,

• other information made available by a user or others that indicates the current or prior location of the user, such as information that you or others post indicating your location.

4. HOW WE COLLECT INFORMATION

We may collect Personal Information, Usage Data, and Location Data about you in the following ways:

A. From You. We collect information from you when you:

• Use the Services. We collect Personal Information from you when you subscribe to our publications, opt in to receive our e-newsletters, contact us for help or information, complete a survey or enter our sweepstakes, give away or contests, sign up to attend one of our events, or otherwise voluntarily provide your Personal Information.

If you purchase a print subscription or other product from Modern Luxury on a Modern Luxury website, we will ask for Payment Information and other information requested for processing your payment.

We use a third party payment processor, currently Authorize.Net or Braintree as applicable (“Payment Processors”) to assist in securely processing your payment information. If you pay with a credit card the payment information that you provide through the Services is encrypted and transmitted directly to the Payment Processor. We do not store your Payment Information and do not control and are not responsible for the Payment Processors or their collection or use of your information. You may find out more about how the Payment Processors store and use your Payment Information by accessing the Payment Processor’s privacy policy.

• Connect with Social Media Through the Services. The Services may offer you the ability to use, share and/or connect with other social media services (collectively, “Social Media”) in conjunction with certain Services. When you access the Services through your Social Media account, the Services may, depending on your privacy settings, have access to information that you have provided to the Social Media platform. We may use this information for the purposes described in this Privacy Policy or at the time the information was collected.

• Complete a Survey or Enter our Sweepstakes, Giveaways, or Contests. When you complete a survey or participate in a sweepstakes, giveaway, or contest (“Promotional Event”), we may use your Personal Information to notify you regarding the survey results or if you are a potential winner. Further, we may also use your Personal Information to communicate with you about new features, events or Services offered by us, Third Party Services, our advertisers, and other companies and individuals with which we have a relationship. Additionally, we may provide your Personal Information to the co-sponsors of the survey or Promotional Event. If you do not want to provide your Personal Information to such co-sponsors, please do not complete the survey or participate in the Promotional Event.

• Sign Up or Purchase Tickets to Attend Our Events. When you use your Personal Information to sign up or purchase tickets to attend one of our events (including but not limited to, on the third-party sites of Splash or Eventbrite), we may use your Personal Information to notify you regarding the event. Further, we may also use your Personal Information to communicate with you about and/or invite future events, our Services, or Third Party Services offered by us, our event partners, or event co-sponsors. Additionally, we may provide your Personal Information to the co-sponsors of the event. If you do not want us to provide your Personal Information to such co-sponsors, please contact the Webmaster at the contact information provided below.

If you purchase tickets for a Modern Luxury event, we will ask for Payment Information and other information requested for processing your payment.

We use a third party payment processor, currently Authorize.Net or Braintree as applicable (“Payment Processors”) to assist in securely processing your payment information. If you pay with a credit card the payment information that you provide through the Services is encrypted and transmitted directly to the Payment Processor. We do not store your Payment Information and do not control and are not responsible for the Payment Processors or their collection or use of your information. You may find out more about how the Payment Processors store and use your Payment Information by accessing the Payment Processor’s privacy policy.

B. From Our Business Partners and Service Providers. Third parties that assist us with our business operations also collect information (including Personal Information and Usage Data) about you through the Services and share it with us. Such third parties include Amobee, Emma, Google Analytics, GumGum, LiveIntent, LiveRamp, and Vizio, . Please consult the privacy policies of these third-party providers for additional details on how they use your Data in connection with our Services. When you use our Services, we may share information that we collect from you, such as your email (in hashed form), IP address or information about your browser or operating system, with our identity partners/service providers. These partners return an online identification code that we may store in our first-party cookie for our use in online, in-app, and cross-channel advertising and it may be shared with advertising companies to enable interest-based and targeted advertising. To opt out of this use, please click here (https://liveramp.com/opt_out/).

C. From Cookies and Other Data Collection Tools. We, along with the service providers that help us provide the Services, may use small text files called “cookies”, which are small computer files sent to or accessed from your web browser or your computer's or tablet's hard drive that contain information about your computer, such as a user ID, user settings, browsing history and activities conducted while using the Services. Cookies are not themselves personally identifiable, but may be linked to Personal Information that you provide to us through your interaction with the Services. A cookie typically contains the name of the domain (internet location) from which the cookie originated, the “lifetime” of the cookie (i.e., when it expires) and a randomly generated unique number or similar identifier. We may also use other cookies and other data collection tools (such as web beacons and server logs), which we collectively refer to as “data collection tools,” to help improve your experience with the Services. For example, data collection tools help us remember users and make the Services more relevant to them.

We may combine the information we collect from you with information from other sources and use the combined information as described in this Privacy Policy.

5. HOW WE USE YOUR INFORMATION

We may use the information we collect for any of the following purposes:

•  to provide the Services to you;

•  to analyze, operate, develop, improve and personalize the Services we offer, and to give each user a more consistent and personalized experience when interacting with us;

•  for customer service, security, to detect unlawful activities, or for archival and backup purposes in connection with the provision of the Services;

•  to communicate with users (e.g. in response to Webmaster inquiries);

•  to provide users with advertising and direct marketing that is more relevant to you;

•  to assess the effectiveness of and improve advertising and other marketing and promotional activities on or in connection with the Services.

Please note that, in order to provide you with a better experience and to improve the Services, information collected through the Services may be used in an aggregated or individualized manner.

6. HOW WE SHARE AND DISCLOSE YOUR INFORMATION

We do not sell your individually-identifiable personal information for compensation. We may share and disclose information as described at the time information is collected or as follows:

1. To perform Services. We may disclose Personal Information to third parties in order to perform services requested or functions initiated by users, such as delivering e-newsletters and publications, sending personalized event invitations, administering Promotional Events, managing subscribers, and delivering marketing and solicitation offers from us, our advertisers, or our affiliates. In addition, we may disclose Personal Information in order to identify a user in connection with communications sent through the Services. We also may offer users the opportunity to share information with friends and other users through the Services.

B. With third party service providers performing services on our behalf. We share information, including Personal Information, with our service providers to perform the functions for which we engage them (such as technical maintenance, hosting and data analyses). We may share information as needed to operate other related services

C. For legal purposes. We also may share information that we collect from users, as needed, to enforce our rights, protect our property or protect the rights, property or safety of others, or as needed to support external auditing, compliance and corporate governance functions. We will disclose Personal Information as we deem necessary to respond to a subpoena, regulation, binding order of a data protection agency, legal process, governmental request or other legal or regulatory process. We may also share Personal Information as required to pursue available remedies or limit damages we may sustain.

D. In aggregated form. We may share Personal Information about you in an aggregated form—that is, in a statistical or summary form that does not include any personal identifiers—with third parties in order to discover and reveal trends about how users like you interact with our services.

E. During corporate changes. We may transfer information, including your Personal Information, in connection with a merger, sale, acquisition or other change of ownership or control by or of us or any affiliated company (in each case whether in whole or in part).

7. INFORMATION STORAGE & SECURITY

We retain information as long as it is necessary and relevant for our operations. We also retain Personal Information to comply with applicable law, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigation, and other actions permitted by law. After it is no longer necessary for us to retain information, we dispose of it according to our data retention and deletion policies.

While we aim to protect your Personal Information, the security of information transmitted through the internet can never be guaranteed. We are not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data. In order to protect you and your data, we may suspend your use of any of the Services, without notice, if any breach of security is suspected. Access to and use of password protected and/or secure areas of any of the Services are restricted to authorized users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution.

8. YOUR RIGHTS - GENERAL

Our intention is to send e-mails only to viewers/customers who have chosen to receive such e-mails. At any time, you have the right to decline receiving future communications from Modern Luxury by following the “Unsubscribe” link in the Modern Luxury e-mail communications.

You may also opt-out of having Personal Information such as your name, email address, postal address or phone number shared with third parties for their marketing purposes. If you wish to exercise this right, or if you have any other questions regarding this Policy, please contact our Webmaster at the mailing address or e-mail address below, or call the below toll-free number.

Address:

Modern Luxury

c/o Webmaster

3414 Peachtree Road Suite 480

Atlanta GA 30326

E-mail Address:

[email protected]

Toll-Free Number:

(888) 514-6775

Please include “Privacy Policy” in the subject line, and in the body, please include enough information for us to help you, including your full name, contact information, and the specific website, mobile site, application, and/or other Service you are contacting us about. If you submit a request specific to your personal data, we may request additional information to verify your identity before addressing your specific request.

Note: Only inquiries about this Policy or requests to remove Personal Information from our records should be sent to the Webmaster. Other communications may not be accepted or responded to.

9. ADDITIONAL RIGHTS – CALIFORNIA RESIDENTS

A. California Data Access & Deletion Rights

For California residents, the CCPA allows you to make certain requests about your personal information. Specifically, the CCPA allows you to request us to:

• Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information.
• Provide access to and/or a copy of certain personal information we hold about you.
• Delete certain personal information we have about you.
• Provide you with information about the financial incentives that we offer to you, if any.

Please note that certain information may be exempt from such requests under California law. For example, we need certain information in order to provide the Services to you.

Deletion Requests

While you have the right to request that Modern Luxury delete any of your personal information that we collected from you and retained, certain exceptions may apply. Once we receive and confirm your verifiable consumer request, we will delete (and direct applicable service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Verification: We will take reasonable steps to verify your identity before responding to a request, which may include, depending on your request and relationship with you verifying your name, email address, address, and/or having you respond to an email from us.

You are also permitted to designate an authorized agent to submit certain requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request.

If you would like further information regarding your legal rights under California law or would like to exercise any of them, please email [email protected] and include in the subject line “California Resident Privacy Request” or call our Privacy Department toll-free at (888) 514-6775.

For Modern Luxury employees or job applicants seeking further information about their legal rights under California or other applicable law, please contact Modern Luxury HR, call toll-free at (888) 514-6775, or email [email protected] and include in the subject line “Employee/Applicant Privacy Question for HR.”

B. Notice of Right to Opt Out of Sale of Personal Information

California residents may opt out of the “sale” of their personal information. While we generally use “sale” regarding financial compensation, under the CCPA, “sale” is also broadly defined such that it may include allowing third parties to receive certain information, such as cookies, IP address, and/or browsing behavior, to deliver targeted advertising on the Services or other services. Advertising, including targeted advertising, enables us to provide you certain content for free and allows us to provide you offers relevant to you.

If you would like to opt out of Modern Luxury’s use of your information for such purposes that are considered a “sale” under California law, you may do so by emailing [email protected] and include in the subject line “California Resident Privacy Request – Opt Out” or call our Privacy Department toll-free at (888) 514-6775.

We do not knowingly sell the personal information of minors under 16 years of age without legally-required affirmative authorization.

The CCPA further provides you with the right to not be discriminated against (as provided for in applicable law) for exercising your access, deletion or sale opt out rights. This includes that we would not provide a different level/quality of Services, nor charge you a different rate for any Services.

C. California “Shine the Light” Disclosure

The California “Shine the Light” law gives residents of California the right under certain circumstances to opt out of the sharing of certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. If you would like to opt out of such sharing, emailing [email protected] and include in the subject line “California Resident Privacy Request – Opt Out.” If you are a California resident and would like a copy of this notice, please submit a written request to the following address: DM Luxury, LLC, 3414 Peachtree Road NE, Suite 480, Atlanta, GA 30326, Attn: Legal – Privacy Office. In your request, please specify that you want a “Modern Luxury California Privacy Rights Notice.” Please allow up to 45 days for a response.

10. PROTECTING THE PRIVACY OF CHILDREN

The Services are not intended for use by children, and we will not knowingly allow children to provide us any Personal Information. Children should always obtain permission from their parents before using the Services. If we learn that we have received any information directly from a child under age 16 without first receiving his or her parent's verified consent, we will use that information only to respond directly to that child (or his or her parent or legal guardian) to inform the child that he or she cannot use the Services and subsequently we will delete that information.

11. CHANGES TO THIS PRIVACY STATEMENT

We may modify this Privacy Policy from time to time and adjust the “Last Modified” date at the beginning of this document. Your continued use of the Services after the Effective Date constitutes your acceptance of any amendments to the Privacy Policy, which supersedes all previous versions.