1. Welcome

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Your privacy is important to us. JB by James Broyhill and its subsidiaries and affiliated companies (collectively, “Luxury Buys Today” or “we” or “us”) respect your privacy rights and our obligations with respect to your privacy, including the security and maintenance of your Personal Information (defined below). This privacy policy (“Privacy Policy”) applies to your use of the websites operated by or on behalf of JB by James Broyhill and on which this Privacy Policy appears, including those at all JB by James Broyhill URLs and JB by James Broyhill pages on third party platforms, including social networking sites (“Websites”). This Privacy Policy also applies to your use of the services provided on or through the Websites and/or JB by James Broyhill mobile applications (collectively, the “Services”).

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This Privacy Policy describes the information about you that JB by James Broyhill collects through the Websites and/or the Services and describes how this information may be used, maintained, and shared. JB by James Broyhill values your use of the Websites and Services. By visiting or using the Websites or Services, you acknowledge that you accept the practices and policies outlined in this Privacy Policy.

 

This Privacy Policy applies only to information that you provide to JB by James Broyhill or that JB by James Broyhill collects while you are visiting the Websites or using the Services, and does not apply to any information that JB by James Broyhill has received, obtained or may obtain offline or through other means.

 

2. General Information Collected and Used

 

In order to enhance the content contained on the Websites and in the Services, JB by James Broyhill may gather and store certain information about your visit. “General Information” is information about you or your activities through which you cannot be specifically identified. This information may include some or all of the following items:
• The Internet Protocol (“IP”) address of your Internet Service Provider (“ISP”) and/or your computer, if it has its own static IP address. The domain name may also be collected.

• The date, time, length of stay, and specific JB by James Broyhill web pages, topics, images, documents or forms accessed at such Website or through the Services.

• Whether you are viewing any of the Websites or using any of the Services for the first time, or are a return visitor, including whether you are a registered or anonymous or unregistered user.

• The Uniform Resource Locator (“URL”) of the website, link or advertisement that referred you to any of the Websites and/or the Services,

• The search engine that referred you and any search strings or phrases entered into the search engine to find any of the Websites and/or the Services.

• Demographic information concerning your country of origin, time zone and language(s) used.

• The type and version of the Internet browser used to visit any of the Websites and/or the Services, the operating system on your computer, and information regarding errors when viewing or using any of the Websites or the Services.

JB by James Broyhill collects this General Information and may use it to generate aggregate statistics about visitors to the Websites and Services. JB by James Broyhill may also use this General Information to improve or tailor content on the Websites and/or develop new Services to better serve the needs and interests of our users. In situations where it is possible to do so, General Information may be linked to Personal Information (defined below).

 

3. Personal Information Collected and Used

 

“Personal Information” is information through which you can be identified. Providing your personal information to JB by James Broyhill is your choice. JB by James Broyhill maintains one or more databases to store your Personal Information and may keep such information indefinitely. Personal Information that JB by James Broyhill may collect from you includes, but is not limited to, your name, mailing address(es), telephone number(s), facsimile number(s), email address(es), birth date, biographical information, employment information, and any other information that you voluntarily provide. Personal Information you volunteer is used by JB by James Broyhill to provide you with the Services you requested, such as a referral to a sales representative for a specified brand, or to receive referrals from interested customers. Personal Information you provide is also used to complete requested transactions, ensure appropriate legal use of the Services, provide you with newsletters, e-mails and other notifications about the Websites or Services, and to help provide you with technical support for the Services.

You may provide your Personal Information to JB by James Broyhill in a variety of ways, and the type of information and method for collection will depend on the context and nature of the interaction. For example:

 

• Registration – in order to access certain portions of the Websites, or use the mobile applications or other Services, you must create a registered account. To create an account, you may provide your full name, address, telephone number, e-mail address, date of birth, nationality and gender. You will also need to create a user name and password that you will use to access your account. We strongly encourage you not to use Personal Information in your username or password.

• Profile – in order to utilize some features of the Websites and/or the Services, such as receiving customer referrals, you may need to provide additional information (besides registration information) about yourself to create your user profile. Your user profile will be publicly viewable by other users and visitors to the Websites and/or Services. Your profile information can include such things as your picture, an avatar, biographical information, current and former employment information, contacts, social media or Third Party Platform handles and/or user names, links to your profiles on other websites, and anything else that you’ve chosen to share or include in your profile.

• Sweepstakes and other prize promotions – from time to time, JB by James Broyhill may present sweepstakes, contests, special offers or other promotions, and in order for you to enter and win such promotions, you may need to provide Personal Information. The type and amount of Personal Information required will depend on the promotion.

• Feedback, Forums, Message Boards and Newsletters – When you post a comment on the Websites or any JB by James Broyhill forums or message boards, take a survey, communicate through a mobile application, or otherwise provide feedback regarding the Services, your name and/or user name and avatar or profile photo may appear with that comment or feedback. If you send us an e-mail with questions or comments, or to report a problem with the Websites or Services, we will use your Personal Information to reply to your questions or comments, or otherwise address the problem. If you sign up to receive e-mail newsletters or other notifications from the Websites or Services, we will use your name and e-mail address to provide you with that newsletter or notification.

• Invitations – if you invite someone to use a feature of one of our Websites or the Services through the links or widgets on the Websites or Services, we will disclose your real name as part of the invitation you send, as this information is necessary to ensure that the invited person knows who has sent the invitation. We will store your invitations, but will not use this information to send further communications to such persons without their consent. In addition to any unsubscribe links that may be in such communications, your invitees can contact us at privacy@LuxuryBuysToday.com to request that their information be removed from our database.

• Contacts – As part of the Services, we may allow you to import, upload and/or view your address book or contact listing from another application or website or Third Party Platform to enable you to more easily share your profile, topics and/or other information hosted or displayed on the Websites and/or through the Services with your contacts. We will only store and maintain the Personal Information about your contacts when you specifically provide that information to us through your user account or profile. That Personal Information about your contacts will not be used or shared for any other purpose.

• Third Party Platform information – when you connect or use our Websites or Services through a Third Party Platform, such as Facebook or LinkedIn, or if you wish to link or display your JB by James Broyhill account or profile with your account on a Third Party Platform, or if you use a Third Party Platform account to sign into our Websites or Services, you disclose and allow us to access, collect and/or use information from your Third Party Platform account, as permitted by the terms of the Third Party Platform’s terms of use/service and your privacy settings therein. When you use our Services through a Third Party Platform, you authorize us to access, collect, store and use your Personal Information and the account information stored or used by such Third Party Platform. You may, on some Third Party Platforms, be able to disable the sharing of such information with us, however, doing so may disable or limit your ability to use our Services on or through such Third Party Platform.

• ID Tokens – When you use the Services on or through our Websites or any Third Party Platform, JB by James Broyhill will assign a unique identifying token (“ID Token”) which is used internally by JB by James Broyhill and is not publicly displayed. Your ID Token is used to connect and/or share your activities on the Websites or through the Services with or on any Third Party Platform.

 

4. Personal Information Used and Shared

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Unless legally required to do so, JB by James Broyhill will not sell, rent, share or otherwise disclose your Personal information to any other company or organization, except as described in this Privacy Policy. JB by James Broyhill will share your Personal Information with the third parties who will or may provide you with the Services you have requested. For example, if you request that JB by James Broyhill connect you with a sales representative for a specific brand in your area, we will share your Personal Information with sales representatives for that brand who have signed up to receive referrals. Similarly, we will share with you pertinent Personal Information of the applicable sales representatives who may receive the referrals.

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JB by James Broyhill may hire third parties to help maintain and host the Websites, create and update associated mobile applications, provide the Services, and send newsletters and notifications, among other tasks. Your Personal Information may be shared with these third parties and used for the purpose for which you provided the information as if that third party were Luxury Buys Today. Such third party will be under contract with us not to use your Personal Information for any other purpose or share it with any party not also assisting JB by James Broyhill with maintaining the Website or offering the Services, unless required by law.

 

JB by James Broyhill may use your Personal Information to send you marketing communications about the Websites, the Services, and/or JB by James Broyhill newsletters or advertisements. JB by James Broyhill may also share your Personal Information with other vendors we think will have offers of interest to you. You may contact JB by James Broyhill at privacy@LuxuryBuysToday.com to opt-out of certain marketing communications.

JB by James Broyhill may use your Personal Information to: (a) provide, administer, facilitate and maintain your use of and access to the Websites and/or the Services; (b) enable user to user communications; (c) resolve disputes between users and/or a user and Luxury Buys Today; (d) identify sources of errors or issues with any of the Websites and/or the Services; and (e) as otherwise needed, as determined in the sole discretion of Luxury Buys Today, to protect the safety of our users, employees, third parties and members of the public.

 

JB by James Broyhill may make bulletin boards, chat rooms, guest books, job listing areas, message boards, news groups, topics, and other community services available to you on the Websites and through the Services. Please understand that any information you disclose in these areas becomes public information. When you disclose such information in a bulletin board, message board, chat room, guestbook, blog, topic or any other public forum, you do so at your own risk. JB by James Broyhill has no control over the use of any such posted information by unauthorized persons. You should exercise caution when deciding to disclose your Personal Information or any other information about yourself in this manner. The information and opinions posted and presented in these areas of the Websites or Services reflect the views of the individual users and does not necessarily reflect the views of JB by James Broyhill or any of its affiliates. JB by James Broyhill reserves the right (but shall have no obligation) to monitor the use of bulletin boards, message boards, chat rooms, guestbooks, blogs, topics or other public forums on the Websites or in the Services, including those available on Third Party Platforms.

 

JB by James Broyhill may also disclose and/or transfer your Personal Information: (1) in response to judicial or governmental subpoenas, warrants, or orders served on or delivered to it; (2) if needed, as determined in our sole discretion, to protect our rights or property, to enforce the provisions of this Privacy Policy and/or the JB by James Broyhill Terms of Use, and/or to prevent harm to yourself or others; and (3) if JB by James Broyhill or its business is sold or offered for sale to another entity or individual(s), or if a petition for relief is filed under U.S. Bankruptcy laws for or against Luxury Buys Today, or if JB by James Broyhill becomes subject to an order of appointment of a trustee or receiver.

 

JB by James Broyhill reserves the right to release and/or use all information contained within our databases, access logs or other records concerning you if you violate this Privacy Policy, our Terms of Use or other rules, policies, notices, agreements or guidelines, or intentionally or unintentionally partake (or are reasonably suspected of partaking) in any illegal activity, including, but not limited to, hacking, even without a subpoena, warrant or other court order, and to release such information in response to court and governmental orders, civil subpoenas, discovery requests and as otherwise required by law, and/or to initiate our own legal proceedings. JB by James Broyhill cooperates with law enforcement agencies in identifying those who may be using the Websites (or any part thereof) or Services for illegal activities. JB by James Broyhill also reserves the right to report any suspected illegal activity to law enforcement individuals or entities for investigation or prosecution.

 

JB by James Broyhill may purchase a business or sell one or more of our businesses and your Personal Information may be transferred as a part of the purchase or sale. In the event that we purchase a business, the Personal Information received with that business would be treated in accordance with this Privacy Policy, if it is practicable and permissible to do so. In the event that we sell a business, we will attempt to include provisions in the selling contract requiring the purchaser to treat your Personal Information in the same manner required by this Privacy Policy. Thus, any of your opt out requests will not affect our right to transfer your information to a purchaser in these circumstances. JB by James Broyhill also reserves the right to transfer your Personal Information to a third party in the event of a transfer of all or substantially all of our assets to that third party, provided that the third party agrees to adhere to the terms of this Privacy Policy.

 

JB by James Broyhill may take your Personal Information and make it non-personally identifiable, either by combining it with information about other individuals (aggregating your information with information about other individuals), or by removing characteristics (such as your name) that make the information personally identifiable to you (de-personalizing your information). Given the nature of this information, there are no restrictions under this Privacy Policy upon the right of JB by James Broyhill to aggregate or de-personalize your personal information, and JB by James Broyhill may use and/or share with third parties the resulting non-personally identifiable information in any manner in our sole discretion.

 

5. Cookies

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The use of “Cookies” is a standard practice among websites. A Cookie is a small text file that is placed on your computer to uniquely distinguish your visit to a website. Cookies are most often used to track specific information regarding your activity on a particular website.

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When you visit our Websites and/or Services, we place a Cookie in a directory stored on your device. The information that Cookies collect includes the date and time of your visit and your registration information. Cookies offer you many conveniences for our Websites and Services. For example, they allow JB by James Broyhill to recognize certain information, such as your browser type, so we know if you can view certain plug-ins like Macromedia Flash files. They also allow us to streamline your visit to the Websites and/or Services based on your previous visits.

 

Cookies may be either permanent or temporary. JB by James Broyhill uses both temporary and permanent cookies. A temporary or “session” Cookie is placed on your device during your visit to or use of any of our Websites and/or Services and is deleted when you exit your Internet browser and/or turn off your device. A permanent or “persistent” Cookie means that the Cookie stays on your device until you delete it. You can delete our permanent Cookie at any time by following the instructions contained in your browser’s help file, or by contacting the company providing your browser’s technical support. JB by James Broyhill does not use cookies to store information such as credit card numbers, social security numbers, or any other highly sensitive Personal Information.

You may configure your browser to accept or deny Cookies from our Websites and our Services. However, disabling or denying Cookies from our Websites and/or our Services may render parts of them inaccessible or may cause certain web pages not to properly load. There are also several services and websites which allow you to visit websites, including our Websites, anonymously. Again, if you use these anonymizing services or websites, you may not be able to access or use all of the web pages for the Websites and/or the Services.

 

6. Web Beacons

 

JB by James Broyhill may use “web beacons,” sometimes referred to as “clear gifs” or “web bugs,” which is another way (instead of Cookies) to help personalize your experience on the Websites and/or the Services. Web beacons are typically invisible to you, and are generally embedded in very small clear graphics files. We may use web beacons to monitor certain non-personally identifiable information about you, including the URL of the page from which the web beacon originated, the type of browser used, the IP address of your computer, and the time you viewed the web beacon. We may also use web beacons to assist our third party advertising and/or content companies in providing the content they believe you want to see. Web beacons are also used to allow such third parties to determine how many people view the advertisements and/or clicked through, and to assist in serving and managing advertisements and content. While web beacons do not collect Personal Information, the information collected by them may be used in conjunction with Cookies to identify aggregate information about users of our Websites and Services.

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7. DMCA Information

 

Personal Information that you provide to us in association with a DMCA notification or counter-notification will be disclosed to third parties. All information contained in or associated with a DMCA notification will be disclosed to the alleged infringer. All information contained in or associated with a DMCA counter-notification will be disclosed to the initial claimant. See our Copyright and Trademark Policy for more information on notifications and counter-notifications.

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8. Maintenance of Personal Information

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You can access and update much of your Personal Information contained in our database by accessing and updating your JB by James Broyhill account registration and/or profile. For questions or concerns about any other Personal Information, you may contact us at privacy@LuxuryBuysToday.com. JB by James Broyhill will use reasonable efforts to correct your information and our records upon verification of the requested change. If you no longer wish to receive email or postal notifications about our Websites, goods, services, or special promotions, please let us know by sending an email to privacy@LuxuryBuysToday.com or by sending us a letter via U.S. Postal Mail at our address listed below (Attn: Opt Out of Mailing) and specifying in the text of your email or letter which notifications you no longer wish to receive. In addition, within the text of your email or letter, you should provide your exact name and address, so that we can do our best to ensure that you stop receiving the notifications that you no longer wish to receive. After such a request is received, JB by James Broyhill will use reasonable efforts to refrain from including you when sending such notifications by noting your opt out election in our database.

 

JB by James Broyhill may provide security measures that are designed to restrict access to certain portions of the Websites, such as private chat rooms, restricted forums or topics, or instant messaging, but JB by James Broyhill cannot and is not responsible for circumvention of these security measures or for further distribution or use of any information you disclose in public areas by others. We may also provide you tools to edit and remove the information or materials you make available on our Websites, but even after removal, copies of any information you post may remain viewable in cached, archived or otherwise saved media that is outside the control of Luxury Buys Today. You are solely responsible for any information and materials that you choose to make available on public areas of our Websites and/or our Services, including those available on or through the use of Third Party Platforms.

 

JB by James Broyhill may, but is not responsible for or obligated to, back up your information, including any Personal Information. We encourage you to back up your own information, such as profile information, contacts, and the like, on a routine basis.

 

9. Termination

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Both you and JB by James Broyhill can terminate your account as set forth in our Terms of Use. If your account is terminated for any reason, JB by James Broyhill will use commercially reasonable efforts to deactivate your registration, and remove your profile and ID Token information within thirty (30) days of your request. At such time, your account and profile will no longer be visible or accessible via the Websites or Services, however, JB by James Broyhill reserves the right to maintain your Personal Information in its records and use it for the purposes set forth in this Privacy Policy.

Even if your account is terminated, JB by James Broyhill may still maintain and store for as long as it wants or needs, in its sole discretion, your non-Personal Information, including without limitation your IP addresses, browser and topic information, and any anonymous information, including any IDs attached to anonymous users.

 

Please be aware that even if your account is terminated, some or all of your information, including your Personal Information, could still be available to others, including information that has been (a) posted or incorporated into other’s topics, pages, comments (by you or others); (b) posted, shared or submitted to public areas of the Websites and/or the Services; (c) copied, displayed, stored or distributed by other users; or (d) posted, shared or submitted to or available on a Third Party Platform, Linked Site, or any other third party websites or services.

 

10. Minors

 

You must have reached the age of majority in your place of residence to use the Websites or Services. Minors are not authorized to use Websites or Services. JB by James Broyhill does not knowingly solicit or collect information from children under the age of 13. There are no computer applications on our Websites or in our Services which allow for the determination of your age. If JB by James Broyhill discovers or is notified that Personal Information of a child under age 13 has been collected, JB by James Broyhill will take reasonable steps to delete this information. All information volunteered to JB by James Broyhill will be treated as information given by an adult. If you are a parent or legal guardian and believe that JB by James Broyhill has any information from or about your child under age 13, you may contact us at privacy@LuxuryBuysToday.com to request that such information be deleted.

 

11. Links to Other Websites

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Our Websites and/or Services may contain links to other websites (referred to in our Terms of Use as “Linked Sites”). Please refer to Section 10 of our Terms of Use for Luxury Buys Today’s disclaimers and other information regarding such Linked Sites. When you leave the Websites and/or visit a Linked Site and/or Third Party Platform, this Privacy Policy is no longer applicable. Additionally, if you use our Services via a Third Party Platform, you will be subject to the privacy policies and terms of use/service of any such Third Party Platform. We do not control, are not responsible for and have no liability for the practices, including the collection of Personal Information, of Linked Sites and/or Third Party Platforms, or the privacy policies and/or terms of use/service of any Linked Sites or Third Party Platforms and you should review the policies and agreements of such Linked Sites and/or Third Party Platforms carefully. You should contact those Linked Sites or Third Party Platforms directly to ask questions about their privacy policies.

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12. Security

 

The security and confidentiality of your information is extremely important to us. We have implemented technical and administrative security measures to protect your information from unauthorized access and improper use. JB by James Broyhill makes access to your Personal Information subject to certain security measures, including technological controls such as “firewalls,” in accordance with industry standards. When the use of a JB by James Broyhill web page involves the transmission of Personal Information or confidential information, JB by James Broyhill uses Secure Socket Layer (“SSL”) technology to establish a secure connection between your computer and Luxury Buys Today. SSL allows the transmission of encrypted information from your computer to JB by James Broyhill and back again, and is currently the industry standard for Internet platform security. From time to time, we review our security procedures in order to consider appropriate new technology and methods.

 

Please be aware that no data transmission over the Internet can be guaranteed to be 100% secure, so while JB by James Broyhill strives to protect your Personal Information, JB by James Broyhill cannot ensure or warrant the security of any information that you voluntarily give to us.

 

JB by James Broyhill reserves the right to monitor all network traffic to our Websites and/or our Services to identify and/or block unauthorized attempts or intrusions, upload or change information, or cause damage to any of our Websites, Services or any of our computer or network equipment or software in any manner. Anyone using any of our Websites or Services expressly consents to such monitoring.

 

13. California Privacy Rights

 

FOR RESIDENTS OF CALIFORNIA ONLY. Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of your Personal Information with third parties. If you reside in California and have provided your Personal Information to Luxury Buys Today, you may request information about our disclosures of certain categories of Personal Information to third parties for direct marketing purposes. Such requests must be submitted to us at one of the following addresses: privacy@LuxuryBuysToday.com or

 

JB by James Broyhill
Attn: California Privacy Rights
c/o Enns & Archer LLP

939 Burke Street

Winston-Salem, NC 27101

 

Within thirty (30) days of receiving such a request, we will provide a list of the categories of Personal Information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of those third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the addresses specified in this Section.

 

14. Governing Law / Transmission of Information

 

Our Websites are controlled and operated from our offices within the State of North Carolina, United States of America. By choosing to visit our Websites, use our Services, or otherwise provide information to Luxury Buys Today, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the laws of the State of North Carolina as more fully set forth in our Terms of Use.

 

If you are accessing our Websites and/or Services from any location with regulations or laws governing personal data collection, use or disclosure that differ from United States laws or regulations, please note that through your continued use of our Websites and/or Services, which is governed by the laws of the State of North Carolina and the United States of America and this Privacy Policy, you are transferring Personal Information to the United States of America and you consent to that transfer and any associated storage, usage and processing.

 

15. Changes

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JB by James Broyhill has included the effective date of this Privacy Policy on the first and last page of this document. JB by James Broyhill reserves the right to make changes to any terms of this Privacy Policy at any time, however, JB by James Broyhill shall provide notification to you in advance of any changes becoming effective, such as by posting a notification on the Websites or sending you a notification via email. If you continue to access and/or use any of the Websites or Services after the effective date of such changes, then such access and/or use will be deemed an acceptance of and an agreement to follow and be bound by the terms as changed. The revised Privacy Policy shall supersede all previous notices or statements regarding the Websites and Services. For this reason, we encourage you to review this Privacy Policy any time you access or use the Websites and/or the Services, and recommend that you print out a copy for your records.

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16. How to Contact Us

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If you have any questions or concerns about this Privacy Policy, you may contact us through any of the following means, however, please be sure to specify the reason for your communication. Please be aware that any opt outs or similar requests will not apply to our responses to any communications you initiate using this contact information.

 

Email:

privacy@jamesbroyhill.com (subject line “Privacy Policy Contact”)

 

U.S. Postal Mail:

JB by James Broyhill
Contact Regarding JB by James Broyhill Website
c/o Enns & Archer LLP

939 Burke Street

Winston-Salem, NC 27101

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