Privacy Policy

Last Modified: 10th August 2022

Introduction


Design Barn, Inc., ("Company" or "we, "us", or "our") respect your privacy and are committed to protecting the privacy of our website visitors, customers, business partners and end users, through our compliance with this policy.


This policy describes the types of information we may collect from you or that you may provide when you visit the website lottiefiles.com (our "Website") or otherwise access our product pages, mobile or web applications, or other digital products that link to or reference this Privacy Policy (collectively with the Website, the "Services") and our practices for collecting, using, maintaining, protecting, and disclosing that information.


We reserve the right to change this Privacy Policy at any time. We will notify you of any changes to this Privacy Policy by posting a new Privacy Policy to this page, and/or by sending notice to the primary email address specified in your account. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes. Changes to this Privacy Policy are effective when they are posted on this page. You acknowledge that your continued use of our Services after we publish or send a notice about our changes to this Privacy Policy means that the collection, use and sharing of your information is subject to the updated Privacy Policy.


  1. This policy applies to information we collect:

  • On this Website (regardless of the type of the device or other means you use to access) or through our Services.

  • In email, text, and other electronic messages between you and our Services.

  • Through mobile and desktop applications, plug-ins, integrations you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.

  • When you interact with our applications on third-party websites and services, if those applications include links to this policy.

  • While offering our products and services to you.

  • Any other sources.


  1. It does not apply to information collected by:

  • Us offline or through any other means, including on any other website operated by Company or any third party; or

  • Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.


  1. Children Under the Age of 16

Our Services are not intended for children under 16 years of age. No one under age 16 may provide any personal information to or on the Services. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on the Services or through any of its features, register on the Website, make any purchases through the Services, use any of the interactive or public comment features of the Services, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at [email protected].


  1. Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Services, including information:

  • by which you may be personally identified, including name, e-mail address, telephone number, industry information, website or domains associated with you, geographic information, or any other information the Services collects that is defined as personal or personally identifiable information under an applicable law or any other identifier by which you may be contacted online or offline (personal information);

  • that is about you but individually does not identify you, such as company name and role;

  • that you provide by our business partners including our customers, suppliers, and vendors for administration of our business relationship; in connection usage of our products and services, such as data relating to performance and configuration of our products and services, our customer's and end user's consumption of and interaction of such products and services;

  • that is submitted or uploaded by our customers and their end-users (we process this customer content on behalf of the customer. Our privacy practices will be governed by the contract that we have in place with our customers and this Privacy Policy will not apply to any personal information contained in such customer content,);

  • about your internet connection, the equipment you use to access our Website and usage details.


We collect this information:

  • Directly from you when you provide it to us.

  • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.

  • From third parties, for example, our customers or business partners.


  1. Information You Provide to Us

The information we collect on or through our Website may include:

  • Information that you provide by filling in forms on our Services. This includes information provided at the time of registering to use our Services, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Services.

  • If you use your social media accounts to login to the Services, we may receive your email and social media account information.

  • Records and copies of your correspondence (including email addresses), if you contact us.

  • Your responses to surveys that we might ask you to complete for research purposes.

  • Details of transactions you carry out through our Services and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.

  • Your search queries on the Services.


You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages/you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Services with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.


Information We Collect Through Automatic Data Collection Technologies


As you navigate through and interact with our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.

  • Information about your computer and internet connection, including your IP address, operating system, and browser type.


The information we collect automatically may include personal information. It helps us to improve our Services and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.

  • Store information about your preferences, allowing us to customize our Website according to your individual interests.

  • Speed up your searches.

  • Recognize you when you return to our Website.

  • Promote or tailor information or content based on your preferences.


The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

  • Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.

  • Web Beacons. Pages of our the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).


We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.


  1. How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Website and its contents to you.

  • To provide you with the Services and any information, products, or services that you request from us.

  • To fulfill any other purpose for which you provide it.

  • To provide you with notices about your account/subscription, including expiration and renewal notices.

  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

  • To notify you about changes to our Website or any products or services we offer or provide.

  • To allow you to participate in interactive features on our Services.

  • To communicate with you and/or our clients regarding surveys, market research etc.

  • To analyze, develop, enhance and improve the Company's business including but not limited to Company's products, services, customer service, operations, research and development.

  • To comply with Company's policies and applicable laws and regulations.

  • To better understand our customers and end-users and way they use and interact with website, products and services.

  • In any other way we may describe when you provide the information.

  • For any other purpose with your consent.


We may also use your information to contact you about our own and third-parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data/adjust your user preferences in your account profile. For more information, see Choices About How We Use and Disclose Your Information.


  1. Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.


We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our group companies, subsidiaries and affiliates.

  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them. These entities provide IT and infrastructure support services and payment processing services. Our payment processors' privacy policies may be found at https://stripe.com/en-gb-my/privacy.

  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Design Barn’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Design Barn about our users is among the assets transferred.

  • We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them. For more information, see Choices About How We Use and Disclose Your Information.

  • To fulfill the purpose for which you provide it. For example, if you give us an email address to use the "Invite a Teammate" feature of our Services, we will use that email address to invite the individual to sign up for the Services. For any other purpose disclosed by us when you provide the information.

  • For any other purpose disclosed by us when you provide the information.

  • With your consent.


We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

  • To enforce or apply our terms of use and other agreements, including for billing and collection purposes.

  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Design Barn, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.


  1. Choices About How We Use and Disclose Your Information

We do not control the collection and use of your information collected by third parties described above in Disclosure of Your Information. When possible, these organizations are under contractual obligations to use this data only for providing the services to us and to maintain this information strictly confidential. These third parties may, however, aggregate the information they collect with information from their other customers for their own purposes.


We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

  • Promotional Offers from the Company. If you do not wish to have your personal information used by the Company to promote products or services, you can opt-out adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to [email protected]. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.


We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can learn more about interest-based advertisements and your opt-out rights and options from members of the Network Advertising Initiative (“NAI”) on its website (www.networkadvertising.org) and from members of the Digital Advertising Alliance on its website (www.aboutads.info).


  1. Accessing and Correcting Your Information

You can review and change your personal information by logging into the Services and visiting your account profile page.

You may also send us an email at [email protected] to request access to, correct or delete any personal information that you have provided to us. We cannot delete all of your personal information except by also deleting your user account. Please note that if you delete certain information, the Services may not be fully functional. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

You may also delete your information by deleting your account via your account settings.

If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our terms and conditions.


  1. Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.


The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Services like message boards. The information you share in public areas may be viewed by any user of the Services.


Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.


  1. Consent to Processing of Personal Data in the United States

In order to provide our Website, products, and Services to you, we may send and store your personal information outside of the country where you reside or are located, including to countries that may not or do not provide an equivalent level of protection for your personal information . Your personal information may be processed and stored in the United States and United States federal, state, and local governments, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your information through the laws of the United States. By using our Website and Services, you represent that you have read and understood the above and hereby consent to the storage and processing of personal information outside the country where you reside or are located, including in the United States.


Your personal information is transferred by us to another country only if it is required or permitted under applicable data protection law and provided that there are appropriate safeguards in place to protect your personal information. To ensure your personal information is treated in accordance with this privacy policy when we transfer it to a third party, we use Data Protection Agreements between us and all other recipients of your personal information.


  1. Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will notify you through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page.


  1. General Data Privacy Regulation (GDPR)

The General Data Protection Regulation ("GDPR") took effect on May 25, 2018, and is intended to protect the data of European Union (EU) citizens.


If you are a resident of the European Economic Area (EEA), or are accessing this Site from within the EEA, you may have certain rights with respect to your data.


  1. Legal Basis for Processing Personal Data under GDPR

We may process Personal Data (as defined in the GDPR) under the following conditions:

  • Consent: You have given your consent for processing Personal Data for one or more specific purposes.

  • Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.

  • Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.

  • Vital interests: Processing Personal Data is necessary in order to protect your vital interests or of another natural person.

  • Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.

  • Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.

  • In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.


  1. Your Rights under the GDPR

The laws of certain jurisdictions may provide data subjects with various rights in connection with the processing of Personal Data, including:

a. The right to withdraw any previously provided consent;

b. The right to access certain information about you that we process;

c. The right to have us correct or update any Personal Data;

d. The right to have certain Personal Data erased;

e. The right to have us temporarily block our processing of certain Personal Data;

f. The right to have Personal Data exported into common machine-readable format;

g. The right to object to our processing of Personal Data in cases of direct marketing, or when we rely on legitimate interests as our lawful basis to process your information; and

h. The right to lodge a complaint with the appropriate data protection authority.


Where we are deemed a data controller under the laws of certain jurisdictions, we will take steps to help ensure that you are able to exercise your rights regarding Personal Data about you in accordance with applicable law. To do so, you may contact us at [email protected]. Please note these rights may be limited in certain circumstances as provided by applicable law. We will promptly review all such requests in accordance with applicable laws. Depending on where you live, you may also have a right to lodge a complaint with a supervisory authority or other regulatory agency if you believe that we have violated any of the rights concerning Personal Information about you. We encourage you to first reach out to us at [email protected], so we have an opportunity to address your concerns directly before you do so.


  1. Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: [email protected].