THIS PARAGRAPH CONTAINS AN IMPORTANT NOTICE. PLEASE READ IT CAREFULLY. SECTION 21 LIMITS THE TIME PERIOD WITHIN WHICH YOU MAY BRING A CLAIM AGAINST US.

Castlery Terms Of Use

Last updated on April 02, 2025

1. TERMS OF USE

These terms of use (the “Terms of Use”) are entered into by and between you (acting in your capacity as an employee or other representative of your company or other entity, if applicable) (“you”) and Castlery Ltd., an Ontario corporation having its registered address at 333 Bay Street, Suite 2400, Toronto, Ontario, M5H 2T6, Canada (“Castlery” “we,” or “us”). These Terms of Use apply to your access and use of our various websites and our services available through any of our websites, including any APIs, email notifications, buttons and widgets (the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as the “Content”). Please read these Terms of Use carefully before you use the Services. By using the Services or by clicking to accept or agree to these Terms of Use, you agree to be bound by these Terms of Use. You acknowledge that these Terms of Use contain legally binding terms and conditions that affect your legal rights and remedies.

2. OTHER APPLICABLE TERMS

You acknowledge that our Privacy Policy also applies to your use of our Services and the processing of any personal data we collect from you, or that you provide to us. As part of providing you the Services, we may provide you with certain communications, such as service announcements and administrative messages.

3. INFORMATION ABOUT US

The Services are provided and operated by Castlery Ltd. We are an Ontario corporation with a mailing address at 333 Bay Street, Suite 2400, Toronto, Ontario, M5H 2T6, Canada.

4. CHANGES TO OUR SERVICES

The Services that we provide are always evolving and the form and nature of the Services that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and not be able to provide you with prior notice of such. We also retain the right to create limits on use and storage at our sole discretion at any time and without prior notice to you.

5. ACCESSING OUR SERVICES

5.1 Our Services are made available free of charge, except as set forth on our websites.

5.2 We do not guarantee that our Services, or any content, will always be available or be uninterrupted. Access to our Services is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Services without notice to you. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.

5.3 You are responsible for making all arrangements necessary for you to have access to our Services.

5.4 You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

6. YOUR RIGHT TO USE THE SERVICES

Subject to these Terms of Use, Castlery hereby grants to you a personal, limited, worldwide, revocable, royalty-free, non-assignable, non-sublicensable, and non-exclusive right to use the Services. This right is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Castlery, in the manner permitted by these Terms of Use.

7. OUR INTELLECTUAL PROPERTY RIGHTS

7.1 All intellectual property rights subsisting in respect of the Services belong to  Castlery or have been lawfully licensed to  Castlery for use in connection with the Services. All rights under applicable laws are hereby reserved. These Terms of Use contain no implied licenses. You are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the Services or create derivative works with respect thereto, as the website is copyrighted under applicable laws.

7.2 To access the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on or in connection with the Services is correct, current, and complete. You hereby consent to all actions we take, consistent with our Privacy Policy and these Terms of Use, with respect to all information you provide to or in connection with the Services, including through the use of any interactive features on the Services. We may disable any username, password, or other identifier at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

7.3 You agree that we are free to use, disclose, adopt and modify any and all ideas, concepts, knowhow, proposals, suggestions, comments and other communications and information provided by you to us (the “Feedback”) in connection with the Services and/or your use of the Services without any payment to you. You hereby waive and agree to waive any and all rights and claims for any consideration, fees, royalties, charges, and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.

8. YOUR RIGHTS

8.1 Except as set forth in these Terms of Use, you retain your rights to any content you submit, post or display on or through the Services (“Your Content”). You acknowledge, represent and agree that Your Content is submitted voluntarily and is not confidential or proprietary, and that Your Content does not establish a relationship between you and us except as set forth in these Terms of Use. You hereby grant Castlery and its sublicensees a worldwide, royalty-free, non-exclusive, transferable, sublicensable, perpetual and irrevocable license to use, distribute, transmit, reproduce, modify, publish, translate, publicly perform and display and create derivative works of Your Content, except as otherwise prohibited by applicable law or these Terms of Use. You waive any right to compensation of any type for Your Content, except as otherwise provided in these Terms of Use. You represent and warrant that you either own all of Your Content or otherwise have all rights necessary to grant the rights in these Terms of Use and that use of Your Content by us does not violate any law. You may not upload to, distribute, or otherwise publish through or in connection with the Services any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that may constitute or encourage a criminal offence, violate the rights of any party or that may otherwise give rise to liability or violate any law.

8.2 You agree that we may modify or adapt Your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to Your Content as necessary to conform and adapt Your Content to any requirements or limitations of any networks, devices, services or media.

8.3 You are responsible for your use of the Services, for Your Content, and for any consequences thereof, including the use of Your Content by other users and our third-party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Your Content for such use, it may subject you to liability. We will not be responsible or liable for any use of Your Content by us in accordance with these Terms of Use. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein in relation to Your Content that you submit.

8.4 We have the right to disclose your identity to any third party who is claiming that any of Your Content posted or uploaded by you to the Services constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Services.

9. LIMITED LIABILITY AND WARRANTY

Please read this section carefully since it limits the liability of Castlery and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Entities of Castlery” ). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited. We do not accept any responsibility whatsoever in respect of such information.

9.1 Your access to and use of our Services is at your sole risk and is provided “as is” and “as available”. The Services are for your personal use only and the Entities of Castlery make no representation or warranty of any kind, expressed or implied, including, without limitation, any warranties on merchantability or fitness for any particular purpose or non-infringement. We make no representations, warranties or guarantees, whether expressed or implied, that our Services or any content on our site is accurate, complete or up to date.

9.2 TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE ENTITIES OF CASTLERY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO THESE TERMS OF USE OR YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE AGGREGATE LIABILITY OF THE ENTITIES OF CASTLERY TO YOU FOR ALL CLAIMS AND DAMAGES RELATED TO THESE TERMS OF USE OR YOUR USE OR INABILITY TO USE THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT OR SERVICES ON OR PROVIDED IN CONNECTION WITH THE SERVICES OR SUCH OTHER WEBSITES WILL NOT EXCEED $100 CANADIAN DOLLARS.

9.3 The Entities of Castlery  do not guarantee or assume any responsibility that:

(a) the Content or other information presented in our Services is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference;

(b) the Content or other information presented in our Services is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;

(c) messages sent through the internet including in connection with the Services will be free from interception, corruption, error, delay or loss;

(d) access to the Services will be available or be uninterrupted;

(e) use of the Services will achieve any particular result; or

(f) defects in the Services will be corrected.

9.4 You will exercise and rely solely on your own skill and judgment in your use and interpretation of the information and use of the Services. You are responsible for ensuring that your use of the information and the Services complies with all applicable legal requirements.

9.5 Without prejudice to the foregoing, if your use of the Services does not proceed satisfactorily and/or where applicable you do not receive appropriate responses to such use from us, as set out in these Terms of Use or otherwise, you are advised to contact us at  help.ca@castlery.com. No lack of response shall be deemed to constitute any acquiescence or waiver.

9.6 The limitation of liability contained in these Terms of Use will apply to the fullest extent permitted by applicable laws.

10. CONTENT ON THE SERVICES

10.1 The views expressed by other users on our site do not represent our views or values. We do maintain the right to remove any posting you make on our site if, in our opinion, your post does not comply with our content standards. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive.

10.2 Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind, incurred directly or indirectly as a result of the use of the Services by any third party, including without limitation any defamatory, offensive, or illegal conduct of the third party, or the use of any Content posted, emailed, transmitted, or otherwise made available via the Services or broadcast elsewhere.

10.3 We may not monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

11. CONTENT COPYRIGHT POLICY

11.1 Castlery  respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and that you are authorized to act on behalf of the copyright owner.

11.2 We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer. Our address for notice of alleged copyright infringement appearing on the Services is  help.ca@castlery.com.

12. USE OF THE SERVICES

12.1 We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Castlery, its users and the public.

12.2 We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software.

12.3 You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Castlery's computer systems, or the technical delivery systems of Castlery’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), (scraping the Services without our prior consent is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, trojan, worm, logic bomb or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

12.4 We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.

13. LINKING TO US

You may link to our Services provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. We reserve the right to withdraw linking permission without notice.

14. THIRD-PARTY LINKS AND RESOURCES IN OUR SITE

14.1 If the Services contain links to other sites or resources provided by third parties, or otherwise integrates such third-party resources (collectively, “Third Party Components”), these Third Party Components are provided for your convenience only. We have no control over the contents of the Third Party Components, and WE ACCEPT NO RESPONSIBILITY FOR THE THIRD-PARTY COMPONENTS OR FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THE THIRD-PARTY COMPONENTS. If you access any such Third-Party Components, you do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Components. In addition, we may require you to review and agree to additional terms and disclosures as a condition to using or accessing certain Third-Party Components.

14.2 The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Castlery on the Services are subject to change. In consideration for us granting you access to and use of the Services, you agree that Castlery  and its third-party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

14.3 Links to other websites and services do not constitute an endorsement by us of such websites or services, or the information, products, advertising or other materials available made available by such third parties.

15. INDEMNITY

You agree to defend, indemnify and hold us and all Entities of Castlery harmless from and against all liabilities, losses, damages, claims, actions, costs and expenses (including without limitation legal fees), in connection with any third-party claim arising from your breach of any of these Terms of Use; your Feedback, Your Content and other content and information you provide to us or the Services; and/or your use of the website. We may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any claim or action.

16. SEVERANCE

The illegality, invalidity or unenforceability of any provision of these Terms of Use under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.

17. SEVERAL USERS

If there are two or more persons adhering to these Terms of Use as a user, they are jointly and severally liable.

18. WAIVER

No failure or delay by a party to exercise any right or remedy provided under these Terms of Use or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

19. TERMINATION

19.1 The Terms of Use will continue to apply until terminated by either you or us as follows.

19.2 You may end your agreement with us at any time for any reason by discontinuing your use of the Services. You do not need to specifically inform us when you stop using the Services.

19.3 We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we believe: (i) you have violated these Terms of Use or; (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account (if any) or the next time you attempt to access your account (if any).

19.4 In all such cases, any provision of these Terms of Use that expressly or by implication is intended to come into or continue in force on or after termination of these Terms of Use shall remain in full force and effect.

19.5 Nothing in this section shall affect our rights to change, limit or stop the provision of the Services without prior notice, as provided above in Section 4 (Changes to our Services).

20. GOVERNING LAW AND CHOICE OF FORUM

These Terms and any disputes arising out of or related to them or your use of the Site or Services will be governed by the laws of the province of Ontario without regard to its conflict of law principles. All claims, disputes, or causes of action arising out of or relating to these Terms or the transactions contemplated hereby shall be brought exclusively in the province or federal courts located in Ontario. You irrevocably submit to the exclusive jurisdiction of such courts and waive any objection to venue, including on the basis of forum non conveniens.

21. LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

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Castlery Privacy Policy

Effective Date: February 12, 2025

Last Updated: April 02, 2025

Castlery Ltd.(“Castlery,” “we,” “our,” or “us”) is committed to protecting and respecting your privacy.

This Privacy Policy (“Policy”), together with any other documents referred to in it, sets out the basis on which any Personal Data we collect from you, or that you provide to us, when you interact with us on https://www.castlery.com/ca/ (the “Site”), purchase our products and services (“Products”), and through other online interactions. Before submitting Personal Data to us, please read this Policy carefully.

If you wish to modify or revoke your implied or express consent, please contact us by completing our web form.

For inquiries regarding this Policy or to raise any concerns, please contact our Data Protection Officer (DPO) at: dpo@castlery.com.

SOURCES OF PERSONAL DATA

We collect Personal Data about you from the following sources:

Directly from you, such as when you contact us through the Site via web forms or chat, make a purchase, subscribe to our emails, complete a survey, create an account, apply for a job, or attend our events.
Automatically through tracking technologies, when you use the Site.
From third parties, such as affiliated companies and subsidiaries, social media companies, or other parties who interact with us.

PERSONAL DATA WE COLLECT

Depending on how you interact with us, we may collect the following Personal Data from you:

Identifiers, such as your name, address, email address, phone number, and Castlery account username and password.
Protected class and demographic information, such as military/veteran status, immigration status, age and gender.
Commercial information, such as your billing address, customer support and email correspondence logs, and customer records.
Internet or other electronic activity information, such as your IP address, device information, device ID, operating system, browser information, cookie ID, browsing history, pages viewed, search history, social media activity, history of your interactions with the Interactive features on our website, and other information regarding your interactions with and use of the Site. For more information about cookies and device data, please see the Cookies and Other Tracking Technologies section below.
Professional and employment-related information, such as your resume information if you apply for a job with us, or your employer if you are contacting us as a representative of a business.
Non-precise geolocation data, such as your location derived from your IP address.
Audio, electronic, visual or other sensory information, such as photos and audio/video recordings you submit in your ratings and reviews of our Products.
Sensitive Personal Data, such as a copy of your driver’s license or other form of government identification may be collected only when necessary for specific legitimate business purposes. While we do not typically collect Sensitive Personal Data in the course of day-to-day transactions, there may be circumstances where such collection is required, such as to (i) perform services or provide goods that are reasonably expected as part of the transaction or interaction, where the collection of Sensitive Personal Data is necessary to complete such services or transactions; (ii) detect security incidents; (iii) resist malicious, deceptive, or illegal actions; (iv) ensure the physical safety of individuals; (v) for short-term, transient use; (vi) perform or provide internal business services; (vii) verify or maintain the quality or safety of a service or device; or (viii) for purposes that do not infer characteristics about you

HOW WE USE YOUR PERSONAL DATA

The purposes for which we may use your Personal Data include:

Administering and improving your experience on our Site
- We use the following categories of Personal Data for this purpose: Identifiers, Protected class and demographic information, Commercial information, Internet or other electronic activity information, Non-precise geolocation data, Audio, electronic, visual or other sensory information.
Providing you with the Products you requested and customer support
- We use the following categories of Personal Data for this purpose: Identifiers, Protected class and demographic information, Commercial information, Internet or other electronic activity information, Professional and employment-related information, Non-precise geolocation data, Audio, electronic, visual or other sensory information, Sensitive Personal Data.
Providing you with alerts, newsletter, education materials or information that you requested or signed up for, and promoting or advertising Products that may interest you, including inferring what products may be of interest to you.
- We use the following categories of Personal Data for this purpose: Identifiers, Protected class and demographic information, Commercial Information, Internet or other electronic activity information, Non-precise geolocation data, Audio, electronic, visual or other sensory information, purchase history.
Allowing you to participate in interactive features of our Products, such as 3D Images, Web AR, Shop the Look, Sofa Quizzes, and the Room creator tool, when you choose to do so
- We use the following categories of Personal Data for this purpose: Identifiers, Commercial Information, Internet, or other electronic activity information, Non-precise geolocation data, Audio, electronic, visual or other sensory information.
Improving our products by designing and conducting surveys/questionnaires, conducting statistical analysis, and researching and launching new Products, seminars, events, and forums
- We use the following categories of Personal Data for this purpose: Identifiers, Protected class and demographic information, Commercial Information, Internet or other electronic activity information, Professional and employment-related information, Non-precise geolocation data, Audio, electronic, visual or other sensory information.
Evaluating and processing your job application and communicating with you about your candidacy
- We use the following categories of Personal Data for this purpose: Identifiers, Protected Class and demographic information, Professional and employment-related information.
Complying with our legal and regulatory obligations
- We use the following categories of Personal Data for this purpose: Identifiers, Protected class and demographic information, Commercial Information, Internet or other electronic activity information, Professional and employment-related information, Non-precise geolocation data, Audio, electronic, visual or other sensory information, Sensitive Personal Data.
Protecting protect the health and safety of our customers, personnel, and the general public
- We use the following categories of Personal Data for this purpose: Identifiers, Protected class and demographic information, Commercial information, Internet or other electronic activity information, Professional and employment-related information, Non-precise geolocation data, Audio, electronic, visual or other sensory information, Sensitive Personal Data.

HOW WE DISCLOSE YOUR PERSONAL DATA

We may disclose your Personal Data to the following recipients:

Affiliates and subsidiaries, including parent entities, corporate affiliates, and other entities that share common ownership.
Service providers, including companies that we contract with in order to receive services, such as payment processing, delivery, repair, re-commerce service, customer service, product insurance, customer support software service, customer data platform software service.
Business partners, such as social media companies, advertising networks, analytics partners and providers, and other parties that may use Personal Data to provide you with advertising.
Law enforcement, government agencies, and other recipients for legal, security, or safety purposes, such as to comply with our legal obligations, enforce our terms and policies, detect and prevent fraud and security incidents, and communicate with you about our Products and other administrative or transactional matters.
Other entities in connection with a corporate transaction, such as in connection with a merger, sale, consolidation, transfer of assets, reorganization, or liquidation of our company.
Other entities with your consent.

COOKIES AND OTHER TRACKING TECHNOLOGIES

Our Site and third parties that we authorize use cookies and other tracking technologies (such as pixels, web beacons, tags, session replay tools, embedded scripts, and SDKs) to collect Personal Data from you, as described in the “Personal Data We Collect” section above. We use this information to analyze how you use the Site, personalize and improve your experience on our Site, provide you with advertising, and measure and improve the effectiveness of our advertising campaigns.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive.

We use the following cookies:

Strictly necessary cookies.These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e - billing services.
Analytical/performance cookies.They allow us to recognize and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies. These are used to recognize you when you return to our website. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

We use Google Analytics to analyze and improve the functionality of our Site. To learn how Google Analytics uses and processes cookies and other tracking technologies, please visit “How Google uses data when you use our partners’ sites or apps.” You can prevent Google's collection and processing of data by using the Google Ads Settings page or downloading and installing their browser plug-in (https://tools.google.com/dlpage/gaoptout)

Your Choices

Most Web browsers can be set to inform you when a cookie has been sent to you and provide you with the opportunity to refuse that cookie. Additionally, your Flash player can be set to reject or delete Flash cookies. Refusing a cookie will generally not interfere with your use of the Sites. However, refusal of a cookie may, in some cases, preclude you from using or negatively impact the display or function of the Sites or certain areas or features of the Sites.

Some of the third parties we work with participate in industry groups that offer mechanisms for opting out of interest-based advertising. To exercise these choices, you can use the Digital Advertising Alliance’s mechanism at http://www.aboutads.info/choices/ and the Network Advertising Initiative’s mechanism at https://optout.networkadvertising.org/. Opting out of interest-based advertising using these tools will not opt you out of all advertising, but rather only interested-based advertising from us or our partners or representatives.

Do Not Track

Some web browsers (including Safari, Internet Explorer, Firefox and Chrome) incorporate a "Do Not Track" ("DNT") or similar feature that signals to websites that a user does not want to have his or her online activity and behavior tracked. If a website that responds to a particular DNT signal receives the DNT signal, the browser can block that website from collecting certain information about the browser's user. Not all browsers offer a DNT option and DNT signals are not yet uniform. For this reason, many digital service operators, including Castlery do not recognize or respond to DNT signals.

MARKETING OPT-OUT

If you would like to opt out of receiving promotional or marketing e-mail from us, you may use the “unsubscribe” mechanism included in each marketing message. If you have an Account, you may opt-out of marketing communications in your User Account settings. However, your option not to receive promotional and marketing e-mail shall not preclude us from corresponding with you, by e-mail or otherwise, regarding your existing relationship with us. Your opt-out request will also not apply to correspondence that has already been initiated.

SECURITY AND RETENTION

We have implemented reasonable safeguards designed to protect your information from loss, misuse, alteration, or destruction. We also take reasonable steps designed to ensure that third parties who work with us agree to protect the Personal Data. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure, and we cannot guarantee the security of your data transmitted to our site. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Site and Products. Please be careful whenever sending Personal Data to us via e-mail. E-mail is not a secure means of transferring information.

We maintain your Personal Data as reasonably required to provide our Site and Products, run our business, and comply with our legal obligations. In determining when your Personal Data is retained or disposed, we may consider the nature and sensitivity of your Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data, and applicable legal requirements.

INFORMATION FOR INTERNATIONAL VISITORS

If you visit the Sites or provide us your Personal Data from outside Canada, your information will be transferred to, stored, and processed in the United States, Singapore, Australia and other countries where Castlery or its vendors operate in accordance with this Policy and applicable laws. Please note that data protection and consumer protection laws of such other countries may differ from the data protection or consumer protection laws in your country. By using the Site or providing us with your Personal Data, you understand that your Personal Data will be collected from and processed in the United States, Australia, Singapore, and other countries where Castlery or its vendors operate, and acknowledge that your information may be subject to access by law enforcement and other government entities, including courts and tribunals, in accordance with laws applicable in those jurisdictions. Where applicable, we have implemented appropriate cross border data transfer mechanisms when transferring your Personal Data to a country outside of your home jurisdiction. To request for deletion of your Personal Data, please contact us by completing our web form.

CHILDREN’S PRIVACY

We do not knowingly collect any Personal Data from children under 13 without prior verifiable parental consent. If we learn that a child under the age of 13 has submitted Personal Data without parental consent, we will take all reasonable measures to delete the information as soon as possible and to not use such information for any purpose, except where necessary to protect the safety of the child or others as required or allowed by law. If you believe a child under 13 has provided us with Personal Data, please contact us using the information in the “Contact Us” section below.

EXTERNAL LINKS

Our Site may contain references or links to third-party websites and services. Except as described above regarding service providers, we do not control what information third parties track or collect. Any access to and use of such third-party websites and services is not governed by this Policy but instead is governed by the privacy policies of those third parties. We are not responsible for the information practices of such third parties.

CHANGES TO OUR PRIVACY POLICY

We may occasionally update this Policy to reflect changes in our practices. When we post modifications to this Policy, we will revise the "Last Updated” date at the top of this web page. If the changes are material, we will endeavor to notify you in advance of such changes taking place. If you object to any modification, your sole recourse is to notify us that you do not agree and to stop using the Site and providing us with your Personal Data. We encourage you to periodically review this page for the latest information on our privacy practices.

CONTACT US

For questions about this Policy, you can contact our Data Protection Officer (DPO) at: dpo@castlery.com

SUPPLEMENTAL INFORMATION FOR RESIDENTS OF CANADA

Your Rights

Residents of Canada may have certain rights regarding Personal Data, including

Right to Know. You may have the right to request information about the categories of Personal Data we have collected about you, the categories of sources from which we collected the Personal Data, the purposes for collecting, selling, or sharing the Personal Data, and to whom we have disclosed your Personal Data and why. You may also request the specific pieces of Personal Data we have collected about you.
Right to Delete.You may have the right to request that we delete Personal Data that we have collected from you. To request for deletion of your Personal Data, please contact us by completing our web form.
Right to Correct.You may have the right to request that we correct inaccurate Personal Data that we maintain about you.
Right to Opt Out of Sales/Sharing/Targeted Advertising. You may have the right to opt out of (i) the sale or sharing of your Personal Data and (ii) targeted advertising.

You may exercise any of the above rights available to you by completing our web form or calling us at +1 833-853-5777

. We will not discriminate against you for exercising your privacy rights.

Verification: In order to process rights requests, we may need to obtain information to locate you in our records or verify your identity depending on the nature of the request. In most cases we will collect some or all of the following data elements: first and last name, email address, and telephone number. In some cases, we may request different or additional information, such as a signed declaration that you are who you say you are, and will inform you if we need such information.

Authorized Agents: Authorized agents may exercise rights on behalf of you by emailing us at privacy@castlery.com, or calling us at +1 833-853-5777 and indicating that they are submitting the request as an agent. We may require the agent to demonstrate authority to act on behalf of you by providing signed permission from you. We may also require you to verify your own identity directly with us or to directly confirm with us that you provided the authorized agent permission to submit the request.

Appeal: If we deny your rights request, you may have the right to appeal. To submit an appeal, please contact our Data Protection Officer at: dpo@castlery.com. We will inform you in writing our response to your appeal.

Disclosures of Personal Data

Please find hereunder a chart detailing the categories of Personal Data we collected and with whom it was sold, shared, or disclosed for a business or commercial purpose in the past 12 months. Note that we do not knowingly sell or share any Personal Data of minors under the age of 18.

Category of personal data collected	Categories of parties to whom it was disclosed for a business purpose	Categories of parties to whom it was sold or shared
Identifiers	Affiliates and Subsidiaries Service providers Law enforcement, government agencies, and other recipients for legal, security, or safety purposes Other entities in connection with a corporate transaction Other entities with your consent	Business partners
Protected class and demographic information	Affiliates and Subsidiaries Service providers Law enforcement, government agencies, and other recipients for legal, security, or safety purposes Other entities in connection with a corporate transaction Other entities with your consent	Not sold or shared
Commercial information	Affiliates and Subsidiaries Service providers Law enforcement, government agencies, and other recipients for legal, security, or safety purposes Other entities in connection with a corporate transaction Other entities with your consent	Business partners
Internet or other electronic activity information	Affiliates and Subsidiaries Service providers Law enforcement, government agencies, and other recipients for legal, security, or safety purposes Other entities in connection with a corporate transaction Other entities with your consent	Business partners
Professional and employment-related information	Affiliates and Subsidiaries Service providers Law enforcement, government agencies, and other recipients for legal, security, or safety purposes Other entities in connection with a corporate transaction Other entities with your consent	Not sold or shared
Non-precise geolocation data	Affiliates and Subsidiaries Service providers Law enforcement, government agencies, and other recipients for legal, security, or safety purposes Other entities in connection with a corporate transaction Other entities with your consent	Business partners
Audio, electronic, visual or other sensory information	Affiliates and Subsidiaries Service providers Law enforcement, government agencies, and other recipients for legal, security, or safety purposes Other entities in connection with a corporate transaction Other entities with your consent	Not sold or shared
Sensitive Personal Data	Affiliates and Subsidiaries Service providers Law enforcement, government agencies, and other recipients for legal, security, or safety purposes Other entities in connection with a corporate transaction	Not sold or shared

Esmee Collection