Privacy Policy

PRIVACY POLICY

 

Last Modified Date: March 23, 2022

 

This Privacy Policy (“Policy”) addresses the manner in which Dixie Belle Paint Company (“Company,” “we,” “our,” or “us”) collects, uses, and discloses information we collect from you, the end user, visitor, or customer (“you” or “your”) when you interact with us via telephone or our website at www.dixiebellepaint.com (the “Website”). If you have any questions or concerns about any of the matters addressed by this Policy, please contact us using the contact details listed at the end of this Policy.  

 Revisions to this Policy

 Company reserves the right to revise or update this Policy in our sole discretion. In the event that we choose to make a revision to this Policy, we will update the “Last Modified Date” that is listed at the top of this Policy. Updates to this Policy will become effective upon their posting. If we make a material change to the manner in which we collect, use, or disclose information, we will post a notice to the main page of our Website to draw your attention to the fact that our Policy has changed so that you may become informed of the changes. If you do not agree to any term or condition in this Policy or any revision thereof, then you must immediately cease your use of the Website. It is your responsibility to regularly check this Policy for revisions. Except where otherwise required by applicable law, your use of the Website after the posting of a revision will be deemed as your acceptance to such revision(s).

 What Information Does Company Collect?

 The information that we collect from you is dependent upon your interactions with us as detailed in this Section.

• If you choose to contact us by telephone, we will collect your first name, last name, company name (if applicable), telephone number and any other information that you choose to provide to us in connection with your inquiry of us (collectively, “Telephone Inquiry Information”).

 

• You have the option to send us questions or comments via email at info@dixiebellepaint.com or U.S. mail at 8019 Ridge Rd, Port Richey, FL 34668. If you choose to send us an email or a letter, we will collect your first name, last name, email address, mailing address (to the extent applicable), and any other pertinent information that you choose to include in your message to us (collectively, “General Inquiry Information”)

 

• Our Website includes functionality that enables you to submit questions in a chat window. If you choose to engage in this chat functionality, we will collect the content of any message that you provide to us (collectively, “Live Chat Information”).

 

• Our Blog web page, which is available through our Website, enables you to register to receive email communications from us, including the latest news and product information. If you desire to receive promotional email communications from us, we will collect your email address (“Newsletter Information”).

 

• If you desire to create a “Wishlist” or to create an online customer account on our Website, we will collect your email address, a desired password, confirmation of that password, the name of your country, first name, last name, address, company name (optional), suburb/city, state/province, zip/post code, phone number, and we will ask that you confirm that you are a human through use of the reCAPTCHA system (collectively, “Account Registration Information”).

 

• Each time that you wish to sign in to your customer account, we will collect your email address and password (collectively, “Account Credentials”).

 

• In the event that you desire to purchase products from us, we will collect information about the product that you have selected to add to your “Shopping Cart,” including the product name, quantity, color, finish, size, and any other product characteristics that are available to select (collectively, “Product Purchase Information”).

 

• If you choose to utilize our “Wishlist” functionality, we will prompt you to either sign into your customer account or to register for a customer account if you do not have one. Once you sign in to your customer account, we will collect Product Purchase Information for your Wishlist (collectively, “Wishlist Product Information”).

 

• In the event that you choose to complete a purchase of any product that you have added to your “Wishlist” or “Shopping Cart,” we will collect any Product Purchase Information and Wishlist Product Information, as applicable, as well as your payment card number, CVV, expiration date, billing address, and desired shipping address information (collectively, “Billing Information”).

 

• Our Website provides you with an option to search for a product. If you choose to engage in a search, we will collect your exact search string (collectively, “Search Query Information”).

 

• Products and search results can be filtered by you based upon attributes such as, categories, size, brand, price, alphabetically, by review, whether the item is new, best selling, or a featured item. If you choose to filter your search or product results, we will collect information on the sorting options that you have chosen (collectively, “Sorting Option Information”).

 

• In the event that you are interested in becoming a retailer, we will collect your first and last name; your business name; email address; phone number; address; city; state/province/region; postal/zip code; country name; whether you are an existing Dixie Belle Paint retailer; whether you are interested in a store, booth, additional location or reapplication; the line of paint you are interested in retailing; how you heard about our Company; and anything else that you think we need to know (collectively, “Retailer Application Information”).

 

• To the extent that you are interested in finding a local Dixie Belle Paint Company retailer, our Website includes a web page where you can search for such a retailer in which case we will collect your city and state (collectively, “Location Information”).

 

• Our Website includes a Color Lab page that enables you to (1) toggle between chalk and silk paint products; (2) choose up to three colors; (3) to see how your desired mix of colors looks on furniture; and (4) provide the square footage of the area you desire to cover (collectively “Color Mixer Information”).  

 

• To the extent that you want to match a color with one of our products, our Website enables you to “Match A Color.” If you engage in this function, we will collect a photograph for analysis (“Match A Color Information”).

 

• If you desire to see the most accurate shipping information on products from our warehouse to your chosen location, our Website includes the capability to toggle your shipping country and currency in which case we will collect such information to display accurate shipping and currency information (collectively, “Shipping and Currency Information”).

 

• We also collect information from internet cookies as detailed in the Section of this Policy entitled “Internet Cookies.”  

 How Does Company Use the Information it Collects?

 We use the information that we collect from you, as detailed in the prior Section, as follows:

 

• We use your Telephone Inquiry Information and General Inquiry Information for purposes of responding to your specific inquiry of us. If you are an end user of our products and have a specific request of us concerning an order made by a retailer, we will input your Telephone Inquiry Information or General Inquiry Information, as applicable, into our customer relationship management system for purposes of noting any changes or concerns that you have conveyed to us.

 

• If you choose to engage in the live chat feature on our Website, we will use your Live Chat Information for purposes of responding to your particular inquiry of us. To the extent that any Live Chat Information is from an end user of our products and concerns an order placed by a retailer, we will add your Live Chat Information to our customer relationship management system with respect to that order.

 

• If you have registered to join our mailing list, we will use your Newsletter Information for purposes of sending you our promotional emails.

 

• In the event that you have chosen to register for an online account on our Website, we will use your Account Registration Information for purposes of creating and maintaining your customer account, processing any purchases that you choose to make, and administering customer account support.

 

• We will use your Account Credentials if you choose to sign into your customer account for purposes of authenticating such Account Credentials and granting you access to your customer account.

 

• We use the Product Purchase Information in your “Shopping Cart” to remember the items that you have previously selected for purposes of fulfilling any sales transaction with us.

 

• We use your Wishlist Product Information to remember any products that you have previously selected to include on your “Wishlist” and we use this information to the extent that you choose to purchase any item from your “Wishlist.”

 

• If you choose to complete a sales transaction with us, we use your Product Purchase Information and Wishlist Product Information, as applicable, and your Billing Information for purposes of charging your payment card, shipping your products to you, and administering any customer and account support. Your first and last name, address, telephone number, email address, and product purchase history are saved in our customer relationship management system to help us administer customer and account support.

 

• We use Search Query Information to process your search and return relevant results.

 

• Sorting Option Information is used to display product and search results according to the sorting criteria that you have applied on our Website.

 

• Retailer Application Information is used by us to contact you about becoming a retailer of our products and to the extent that you are approved, stored in our records for our internal business purposes.

 

• Location Information is used solely for purposes to displaying any local Dixie Belle Paint Company retailer located within the radius that you have chosen.

 

• We use of your Color Mixer Information to display the final color, which is based upon the criteria that you have selected. We use Color Mixer Information to calculate the amount of the product that you will need for the square footage that you have indicated. If you choose to download the recipe for the color you have selected, we use Color Mixer Information to generate the recipe.

 

• We use Match A Color Information for purposes of extracting and determining the colors included in the picture that you have chosen to upload to our Website and to display other family colors, harmonic colors, and complementary colors that might be of interest to you.

 

• When you choose to toggle the shipping country or currency while browsing our Website, we use the Shipping and Price Information to display customized shipping costs and currency based on your chosen location and form of currency.

 

• We also use information derived from internet cookies as described in the next Section of this Policy.

 Internet Cookies

 Our Website utilizes internet cookies. Internet cookies are small data files that are transmitted from a web server to your computing device when you visit our Website, unless you have chosen to reject all cookies when prompted by our Cookie Banner or you have toggled your internet web browser settings to block or reject internet cookies. Internet cookies serve a variety of purposes and collect information as detailed below:

 Categories of Cookies Utilized

 Necessary Cookies - these internet cookies enable the core functionality of our Website to function and collect information including your internet protocol address and a unique device identifier.

 We use the information from necessary cookies to properly allocate web traffic on our Website to help optimize your browsing experience and allow us to combat against fraudulent and malicious activities on our Website.

 Analytics Cookies – these internet cookies enable us to collect information about you when you visit our Website, unless you have toggled your settings or our Cookie Banner to reject these cookies. Analytics cookies collect information including your internet protocol address, the domain of your service provider, the web address of the website you visited prior to visiting our Website, the date and time of your arrival on our Website, the length of time spent viewing each page on our Website, your computing device type, internet web browser name and version, and language preferences (collectively, “Analytics Information”).

 We use Analytics Information to help us to understand where visitors, such as you, originate and how your arrive on our Website, to collect aggregate statistics on the most commonly utilized internet browsers and computing devices, and to identify the most popular pages and functions on our Website, which is utilized to optimize your browsing enjoyment.

 Marketing Cookies – these types of internet cookies and other tracking technologies collect information about your computing device so that we can place targeted advertisements that are designed for you. We use the information collected through marketing cookies, to the extent that you have not blocked or rejected them through our Cookie Banner or your internet web browser to conduct marketing and advertising and to evaluate the success of our marketing and advertising efforts.

 Types of Cookies

 Persistent Cookies – these type of internet cookies are stored on your computing device to help remember any settings, preferences, or account credentials that you have saved to your web browser to help assist you in logging into your customer account on our Website. Persistent cookies have an expiration date issued by the web server. Once the expiration date is reached, these internet cookies are destroyed.

 Session Cookies – these types of cookies are temporarily stored to your device and remain active only so long as your internet web browser remains active. Once you close your internet browser, session cookies are removed from your device.

 Your Options for Internet Cookies

 Our Website prompts you during your initial visit with a Cookie Banner, which enables you to accept or reject the internet cookies that we utilize on our Website. To the extent that you choose to reject any or all internet cookies, those cookies that you reject will not be deployed to your device. Depending upon your internet web browser, you may also have the option to block or reject internet cookies. Please note that to the extent that you block or reject internet cookies, certain functionality on our Website, which rely upon cookies, will not properly function for you.

 Does Company Share the Information it Collects with Third Parties?

 In order to make our products and Website available to you, we use a variety of third party service providers to render services for us. These third party service providers render services including data and web hosting, software, payment card processing, advertising, marketing, and technology services. These third party service providers are only permitted to use the information that we provide to them or that they collect on our behalf for purposes of carrying out their services to us.

 Except as otherwise prohibited by applicable law, we will also disclose the information that we have collected from you under the following circumstances:

 Legal Requirements

We will disclose information that we have collected from you if we are required by law, including in response to a subpoena, court order, or other legal demand from an administrative, judicial, or governmental authority. Notwithstanding the foregoing, we reserve the right to lawfully challenge any legal requirement to prevent such a disclosure. We also reserve the right to disclose the information we have collected from you, to the extent we determine that such a disclosure is necessary in order to protect or defend our rights, property, or the safety of our employees or third parties.

 Business Reorganization, Merger, or Sale

 In the event that we choose to reorganize our business, merge with another entity, or sell all or substantially all of our assets to a third party, the information that we have collected from you, including your personal information, will be among the assets that are transferred to an acquiring or merging entity in connection with the transaction.

 Insolvency

 If we experience an unfortunate circumstance and are forced to seek the protection of or are otherwise placed into bankruptcy, our assets may be subject to a sale to a third party under the supervision of a federal bankruptcy court. Under such a circumstance, the information that we have collected from you, including any personal information, may be sold to a third party, unless (1) the sale of your personal information is prohibited by applicable law, or (2) you have exercise any applicable data rights available to you that would prohibit such a sale of your information.

 Children’s Online Privacy

 For purposes of this particular Section of the Policy, the term “Personal Information” has the same meaning as under the U.S. Children’s Online Privacy Protection Act (the “Act”), which is set forth in Title 15, United States Code, Section 6501, et. al. and its regulations. The term “Personal Information” includes first and last name, home or other physical address, email address, telephone number, social security number, and other identifiers as determined by the Federal Trade Commission in the promulgation of regulations under the Act.

 Company does not knowingly market to or otherwise solicit Personal Information from children under the age of thirteen. Users and visitors of the Website must be at least eighteen years of age. Please do not provide us with any Personal Information of any nature if you are not at least eighteen years of age. If you are the parent or legal guardian of a child that is under the age of eighteen and you believe that your child may have provided us with Personal Information, please contact us using the information included at the bottom of this Policy to have your child’s information removed from our system.

 Do Not Track Signals

 We do not presently honor “Do Not Track” signals or requests from web browsers, but you have the option, through our Cookie Banner, to reject cookies.

 Your Options Regarding Your Information

 In the event that you would like to update or correct any information that you may have provided to us or would like us to delete any information that we maintain about you, then you may do so by email at info@dixiebellepaint.com. Alternatively, if you have a customer account with us, you may log into that customer account to update your name, email address, and other personal information. Please note that we reserve the right to verify the authenticity of any request that we receive via email. We will reject any request where the identity of the person cannot be reasonably verified.

 Hyperlinks to Third Party Websites

 Our Website includes hyperlinks to websites that are owned, operated, and controlled by third parties (each, a “Third Party Website”). Hyperlinks on our Website to any Third Party Website are provided exclusively for your convenience. Company has no control over any content, information, business, or privacy practices of any Third Party Website. Your use of any Third Party Website is entirely at your own risk. Under no circumstances will Company be liable to you or any third party for any loss in connection with your use of any Third Party Website. We encourage you to consult any applicable privacy policies or website terms before using a Third Party Website or entrusting any third party with your information.

 European Union (“EU”) General Data Protection Regulation (“GDPR”) Disclosures

The EU’s GDPR imposes certain disclosure requirements on data controllers for the benefit of EU data subjects. These disclosure requirements are also shared by other jurisdictions that have adopted requirements that are similar to the GDPR, including the United Kingdom. For purposes of this Section on GDPR disclosures, the terms “controller,” “data subject,” “personal data,” “processor,” and “supervisory authority” have the same meanings as set forth in Regulation (EU) 2016/679 of the European Parliament and of Council of 27 April 2016. Information regarding how to exercise GDPR data rights are included in the following Sections.

 Identity of the Controller

 Dixie Belle Paint Company

8019 Ridge Rd.

Port Richey, FL 34668

Purposes of Processing

 The personal data that we collect from you is processed for the purposes set forth in this Policy. The legal basis for each processing activity is detailed below:

 

• The legal basis for our processing of your Telephone Inquiry Information, General Inquiry Information and Live Chat Information is your consent and our legitimate interest in responding to questions that come into our business.

 

• The legal basis for our processing of Newsletter Information is your consent.

 

• The legal basis for our processing of Account Registration Information and Account Credentials is both your consent and contract, pursuant to the Website’s Terms of Use.

 

• The legal basis for processing your Product Purchase Information, Wishlist Product Information, Search Query Information, or Sorting Option Information is, in each case, your consent.

 

• The legal basis for processing your Retailer Application Information is your consent and then if approved, the basis for processing is by contract pursuant to our applicable retailer agreement.

 

• If you choose to engage in a sales transaction with us, the legal basis for the processing of your Billing Information and Account Registration Information is by contract in connection with the sales contract between us and you.

 

• The legal basis for processing your Location Information, Color Mixer Information, Match A Color Information, or Shipping and Currency Information is, in each case, your consent.  

 Categories of Recipients of Personal Data

 We provide data to third parties as set forth in this Policy, including third party service providers who render services to us and subject to agreements that comply with Article 28 of the GDPR.

 Retention of Personal Data

 We will maintain your personal data until you contact us to request deletion.

 Statutory or Contractual Requirements for Collection of Personal Data

None of the personal data that we collect from you is required by statute. Any information that is marked or designated as “required” in connection with registering for an account or completing a sales transaction is necessary to enter into a contractual relationship with us as described in this Policy and the Terms of Use. If you choose not to provide us with information that is designated as being “required” then you will be unable to complete your registration or purchase from us.

 Transfers of Personal Data

 Company is located within the United States of America. To the extent that any personal data must be transferred to another country, we will utilize an approved mechanism for transfer, including approved version(s) of the Standard Contractual Clauses as approved by the EU Commission or relevant data supervisory authority for the applicable jurisdictions.

 Data Rights for Data Subjects

 In accordance with the GDPR, data subjects located in the EU and jurisdictions that have adopted the GDPR or similar legislation, are afforded the following data rights:

 

• The right to request access to the data subject’s personal data maintained by Company;
• The right to request rectification of any inaccurate personal data that Company maintains about the data subject;
• The right to object a processing activity under the circumstances set out in Article 21 of the GDPR;
• The right to data portability for the personal data that Company maintains about that data subject;
• The right for a data subject to have such data subject’s personal data erased or deleted as detailed in Article 17 of the GDPR.
• The right to impose a restriction on our processing of the data subject’s personal data under Article 18 of the GDPR;
• The right to lodge a complaint against us with a supervisory authority; and
• To the extent that Company’s processing of the data subject’s personal data is based on consent, the data subject has the right to withdraw their consent at any time.

 

A data subject may exercise any of the foregoing data rights by contacting us by one of the means provided for in the Section below titled “Contact Us.” Please be sure to clearly explain the data right(s) that you desire to exercise to enable us to fulfill your request.

Returns and Damages

All sales are final. Damages need to be reported within 5 days of receiving the order.

 Contact Us

 If you have any questions or concerns about any of the matters detailed in this Policy, you may contact us via telephone at (813) 909-1962 or via email at info@dixiebellepaint.com.