Privacy Policy

Introduction

This Privacy Policy describes how Nate Berkus Associates and Entertainment ( "Nate Berkus", "we", "our", or "us") collects, uses, and discloses personal information about you as well as your rights and choices regarding such information. For purposes of this Privacy Policy, unless otherwise stated, "information" or "personal information " means information relating to an identified or identifiable individual , and does not include aggregate information or information that does not identify you. For our contact details, please see the "Contact Us" section below.

Applicability

Data protection laws distinguish between entities that control the purposes and means of processing information and entities that process information on behalf of other entities . This Privacy Policy applies to information where we control the purposes and means of processing, and governs any online services we control that link to this Privacy Policy (the "Service"). Please remember that your use of the Service is also subject to our Terms of Use. This Privacy Policy does not apply to the processing of information by third parties. For further details on third parties, see the "Third Parties" section below.

Information We Collect

Information You Provide:

We collect information you provide to us , including information when you register an account, update your profile, make a purchase, sign - up for our newsletters, participate in a promotion, respond to our surveys, contact support , or apply for a job . The categories of information we collect include:

  • Identifiers, including your name, email address, postal address, and phone number.
  • Account credentials, including your username, password, password hints, and other information for authentication or account access.
  • Commercial or transactions information, including records of products or services you purchased, obtained, or considered.
  • Payment information, including your payment instrument number (such as a credit or debit card number), expiration date, and security code as necessary to process your payments. This information is processed by our payment processors.
  • User-generated content, including content within any messages you send to us (such as feedback, questions, or survey responses) or publicly post on the Service (such as in product reviews or blog comments).
  • Professional, employment, or education-related information, including your employment and work history, transcripts, writing samples, references, and other information necessary to consider you for a job.
  • Please do not provide any information that we do not request.

Information from Your Browser or Device

In addition, when you use the Service (including when you visit our websites, open or click on our emails, or interact with our advertisements), we and third parties we work with automatically collect information from your browser or device. The categories of information we automatically collect include:

  • Device identifiers, including your device’s IP address.
  • Device information, including your device’s operating software and browser (e.g., type, version, and configuration), internet service provider, and regional and language settings.
  • Internet activity, including information about your browsing history and interactions, such as the features you use, pages you visit, content you view, purchases you make or consider, time of day you browse, and referring and exiting pages.
  • Non-precise location data, such as location derived from an IP address or data that indicates a city or postal code level.

The types of tracking technologies we use to automatically collect this information include:

  • Cookies, which are small data files stored on your browser that save data about your visit. Cookies often include a unique identifier (e.g., cookie #123). We use two types of cookies: session cookies and persistent cookies. Session cookies make it easier for you to navigate our website and expire when you close your browser. Persistent cookies help with personalizing your experience, remembering your preferences, and supporting security features. Additionally, persistent cookies allow us to bring you advertising. Persistent cookies may remain on your device for extended periods of time, and expire on a set expiration date or when they are deleted manually.
  • Pixels (also known as web beacons), which is code embedded in a service that sends information about your use to a server. Pixels provide similar functionality to cookies. There are various types of pixels, including image pixels (which are small graphic images) and JavaScript pixels (which contains JavaScript code). When you access a service that contains a pixel, the pixel may permit us or a third party to drop or read cookies on your browser, or collect other information about your visit.
  • Device fingerprinting, which is the process of analyzing and combining sets of data elements from your device’s browser, such as JavaScript objects and installed fonts, to create a "fingerprint" of your device and uniquely identify your browser and device.

For further details on how we use tracking technologies for analytics and advertising, and your rights and choices regarding them, see the "Analytics and Advertising" and "Your Rights and Choices" sections below.

Information from Other Sources

We also collect information from other sources. The categories of sources from which we collect information include:

  • Social media platforms with which you interact.
  • Third Parties that provide services to us, including analytics, advertising, and fraud prevention providers.
  • Partners that offer co-branded services, sell or distribute our products, or engage in joint marketing activities.
  • Publicly-available sources, including data in the public domain.

Information We Create or Generate

We infer new information from other data we collect, including using automated means to generate information about your likely preferences or other characteristics.

Use of Information

We collect and use information in accordance with the practices described in this Privacy Policy. Our purposes for collecting and using information include:

  • Providing the Service to you.
  • Preventing and addressing fraud, breach of policies or terms, or threats or harm.
  • Understanding trends, usage, and activities, including through tracking technologies or surveys, to make business and marketing decisions.
  • Communicating with you about updates, security alerts, changes to policies, and other transactional messages.
  • Personalizing your experience to show you content we believe you will find interesting.
  • Engaging in direct marketing, promotional communications, and non-personalized advertising.
  • Engaging in personalized advertising, including Interest-based Advertising.
  • Fulfilling any purpose at your direction.
  • With notice to you and your consent.

Notwithstanding the above, we may use non-personal information for any purpose to the extent permitted by applicable law. For details on your rights and choices regarding how we use information about you, please see the "Your Rights and Choices" section below.

Disclosure of Information

We disclose the information we collect in accordance with the practices described in this Privacy Policy. The categories of persons to whom we disclose information include:

  • Service Providers. We use service providers to collect and process information on our behalf. Service providers assist us with services such as payment processing, data analytics, marketing and advertising, website hosting, and technical support. To the extent required by law, we contractually prohibit our service providers from retaining, using, or disclosing information about you for any purpose other than performing the services for us, although we may permit them to use publicly available information (as that term is defined by applicable law) or information that does not identify you (including information that has been aggregated or de-identified as those terms are defined by applicable law) to the extent permitted by applicable law.
  • Analytics and Advertising. We disclose information for analytics and advertising related purposes. The receiving persons may act as our service providers, or in certain contexts, independently decide how to process your information. For more information on advertising and analytics, see the "Analytics and Advertising" section below.
  • Affiliates. We disclose information to our affiliates and related entities, including where they act as our service providers or for their own internal purposes.
  • Partners. We disclose information to our partners in connection with offering co-branded services, selling or distributing our products, or engaging in joint marketing activities.
  • Promotions. Our promotions may be jointly sponsored or offered by other parties. When you voluntarily enter a promotion, we disclose information as set out in the official rules that govern the promotion as well as for administrative purposes and as required by law (e.g., on a winners list). By entering a promotion, you agree to the official rules that govern that promotion, and may, except where prohibited by applicable law, allow the sponsor and/or other entities to use your name, voice and/or likeness in advertising or marketing materials.
  • Merger or Acquisition. We disclose information in connection with, or during negotiations of, any proposed or actual merger, purchase, sale or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another business.
  • Security and Compelled Disclosure. We disclose information to comply with the law or other legal process, and where required, in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We also disclose information to protect the rights, property, life, health, security and safety of us, the Service or anyone else.
  • Facilitating Requests. We disclose information where you direct us to disclose the information.
  • Consent. We disclose information with notice to you and your consent.

Notwithstanding the above, we may disclose non-personal information for any purpose to the extent permitted by applicable law. For details on your rights and choices regarding how we disclose information about you, please see the "Your Rights and Choices" section below.

Third Parties

We offer parts of our Service through websites, platforms, and services operated or controlled by third parties. In addition, we integrate technologies operated or controlled by third parties into parts of our Service. Please note that when you interact with third parties, including when you leave our Service, those third parties may independently collect information about you and solicit information from you. The information collected and stored by third parties remains subject to their own policies and practices, including what information they disclose to us, your rights and choices on their services and devices, and whether they store information in the U.S. or elsewhere. We encourage you to familiarize yourself with and consult their privacy policies and terms of use.

Some examples of where you may interact with a third party include:

  • Links. Our Service includes links that hyperlink to websites, platforms, and other services not operated or controlled by us. We may get a commission if you purchase a product after clicking on a link to an affiliate’s website.
  • Brand Pages and Messaging. We may offer our content through social media. Any information you provide to us when you engage with our content (such as through our brand page or via a messenger) is treated in accordance with this Privacy Policy. Also, if you publicly reference our Service on social media (e.g., by using a hashtag associated with Nate Berkus in a tweet or post), we may use your reference on or in connection with our Service.

Analytics and Advertising

We use analytics services, such as Google Analytics, to help us understand how users access and use the Service. In addition, we work with agencies, advertisers, ad networks, and other technology services to place ads about our products and services on other websites and services. For example, we place ads through Google and Facebook that you may view on their platforms as well as on other websites and services.

As part of this process, we may incorporate tracking technologies into our own Service (including our website and emails) as well as into our ads displayed on other websites and services. Some of these tracking technologies may track your activities across time and services for purposes of associating the different devices you use, and delivering relevant ads and/or other content to you ("Interest-based Advertising").

We also use audience matching services (which is a type of Interest-based Advertising) to reach people (or people similar to people) who have visited our Service or are identified in one or more of our databases ("Matched Ads"). This is done by us providing a list of hashed email addresses to an ad partner or incorporating a pixel from an ad partner into our own Service, and the ad partner matching common factors between our data and their data. For instance, we incorporate the Facebook pixel on our Service and may disclose your hashed email address to Facebook as part of our use of Facebook Custom Audiences.

As indicated above, vendors and other parties may act as our service providers, or in certain contexts, independently decide how to process your information. We encourage you to familiarize yourself with and consult their privacy policies and terms of use.

For further details on the types of tracking technologies we use on the Service and your rights and choices regarding analytics, Interest-based Advertising, and Matched Ads, please see the "Information Collected Automatically" and "Your Rights and Choices" sections.

Your Rights and Choices

Account Management

You may access, update, or delete certain information that you have provided to us through your account by visiting your account settings. Please note that we will retain information in accordance with our data retention practices.

Tracking Technology Management

  • Cookies. Most browsers accept cookies by default. You can instruct your browser, by changing its settings, to decline or delete cookies. If you use multiple browsers on your device, you will need to instruct each browser separately. Your ability to limit cookies is subject to your browser settings and limitations.
  • Preference Signals. Your browser or extension may allow you to automatically transmit Do Not Track and other tracking technology preference signals, and unless required by law, we do not respond to such signals.

Please be aware that if you disable or remove tracking technologies some parts of the Service may not function correctly.

Analytics and Interest-Based Advertising Management.

Google provides tools to allow you to opt out of the use of certain information collected by Google Analytics at https://tools.google.com/dlpage/gaoptout and by Google Analytics for Display Advertising or the Google Display Network at https://www.google.com/settings/ads/onweb/.

The companies we work with to provide you with Interest-based Advertising may be participants of the Digital Advertising Alliance ("DAA") and/or the Network Advertising Initiative ("NAI"). To opt out of receiving Interest-based Advertising from the participating companies, please visit https://www.aboutads.info/choices and https://www.networkadvertising.org/choices/ for website opt outs and https://www.aboutads.info/appchoices for mobile opt outs. Note that opting out through these links only means that the selected participants should no longer deliver Interest-based Advertising to you, but does not mean that the participants will not process your information for Interest-based Advertising purposes or that you will no longer receive Interest-based Advertising from other companies.

Please note that the above opt outs only apply to the specific browser or device from which you opt out. We are not responsible for the effectiveness of any opt outs offered by other entities.

To opt out of us disclosing your hashed email address to an ad partner for Matched Ads purposes, please contact us as set forth in the "Contact Us" section below and specify that you wish to opt out of Matched Ads. We will remove your email address from any subsequent lists disclosed to ad partners for Matched Ads purposes.

Communications

E-mails. You can unsubscribe from receiving promotional emails by following the unsubscribe instructions at the bottom of the email. Please note that you cannot opt out of transactional messages.

Please note that your opt out is limited to the email address used and will not affect subsequent subscriptions.

Children

The Service is not directed toward children under 13 years old, and we do not knowingly collect personal information (as that term is defined by the U.S. Children’s Privacy Protection Act, or "COPPA") from children. If you are a parent or guardian and believe we have collected personal information from children, please contact us at nboffice@nateberkus.com. We will delete the personal information in accordance with COPPA.

Data Security

We implement and maintain reasonable administrative, physical, and technical security safeguards to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of information about you.

Retention

We retain information for the length of time that is reasonably necessary for the purpose for which it was collected, and as necessary to comply with our legal obligations, resolve disputes, prevent fraud, and enforce our agreements.

International Transfer

We are based in the U.S. If you are located outside the U.S., please be aware that your information may be transferred to and processed in the U.S. or another country where we operate. Where required by applicable law, we will provide appropriate safeguards for data transfers, such as through use of standard contractual clauses.

Changes to this Privacy Policy

We reserve the right to revise and reissue this Privacy Policy at any time. Any changes will be effective immediately upon posting of the revised Privacy Policy. Your continued use of our Service indicates your consent to the Privacy Policy then posted. If the changes are material, we may provide you additional notice to your email address.

Contact Us

If you have any questions, or have trouble accessing this Privacy Policy, please contact us:

By email: nboffice@nateberkus.com

By mail:

Nate Berkus Associates and Entertainment
13 Elm Street, Suite D
Chicago, IL 60611