PRIVACY & SECURITY

 

Last Updated: 06/26/2023

This notice describes the privacy policy (the “Privacy Notice”) of The Convertible Castle, Inc., which does business as Bernie & Phyl’s Furniture (“we,” “us,” “our,” and “Bernie & Phyl’s”).

 

Please read our Privacy Notice carefully. 

 

This Privacy Notice describes: 

 

(a) the personal information (as defined below) we collect about you when you (i) use and/or visit BernieandPhyls.com (the “Website”) and/or (ii) obtain products and/or services via our Website (collectively, the “Services”), 

 

(b) how we treat your personal information, and 

 

(c) how you can exercise certain choices you may have regarding how we use or share your personal information.

 

The Services are intended for users 18 years of age or older who are located in the United States only (“Intended Audience”). If you are not an Intended Audience user, you are NOT permitted to access the Website or use the Services.  If you learn that anyone who is not an Intended Audience user has provided us with personal information, please contact us, and we will take steps to delete such information.

Privacy Notice Changes

 

The language in our Privacy Notice is effective as of the “last updated” date, which is always located at the beginning of the Privacy Notice. As the nature of our business changes, we may, from time to time, update this Privacy Notice. We will post any substantive changes to our Privacy Notice at the top of this Privacy Notice, which will be immediately incorporated into this Privacy Notice and will be prospective only. We will not make any changes that have retroactive effect unless legally required to do so.  Your continued use of the Services after any changes are made to this Privacy Notice constitutes your acceptance of the changes.  If any changes are unacceptable to you, you should cease all use of the Services.  We will not collect new types of personal information nor use your personal information for an unexpected purpose beyond what is disclosed in this Privacy Notice without first obtaining your consent, to the extent required under law, and/or by posting a revised Privacy Notice with a new “Last Updated” date. 

 

By visiting or using the Website or any related Services, you are accepting the practices described in this Privacy Notice and the Website’s terms and conditions (the “Terms and Conditions”, also available on our Website, which are incorporated herein by reference). 

IF YOU DO NOT AGREE WITH ANY ASPECT OF THIS PRIVACY NOTICE, THEN PLEASE DO NOT ACCESS OR USE THE SERVICES OR OTHERWISE PROVIDE US WITH YOUR PERSONAL INFORMATION. YOUR CONTINUED USE OF OUR SERVICES SIGNIFIES YOUR ACCEPTANCE OF THIS PRIVACY NOTICE.

I. COLLECTION AND USE OF PERSONAL INFORMATION

What we learn from customers helps us improve and customize your shopping experience on the Website. To help provide the Services, we collect personal information (a) that you provide to us directly and/or (b) automatically when you visit our Website. What is considered ‘personal information’ may slightly differ based on where you reside, but it generally refers to information that can directly or indirectly be associated with you or used to identify or contact you. 

A. Personal Information You Provide

We receive and store any personal information you choose to provide to us through the Services or that you otherwise give us in any other way. Examples of personal information that you may provide through the Services include: 

(a) your name and log in details (if you choose to create an online account with us, please see the ‘Registration/Log-In Information’ section below for more information);

(b) contact details such as your phone number, physical address, and email address;

(c) your email, text, and online chat conversations (when you choose to contact us);

(d) your employment and professional information (if you choose to apply for a position online); and 

(e) credit/debit card or other payment information (if you purchase products and/or services from us). 

You can choose not to provide certain personal information, but then you might not be able to take advantage of many of our Services’ features. 

We use the personal information that you provide for such purposes as responding to your requests, providing products and services to you, customizing future shopping for you, improving our stores, and communicating with you. We may also use your personal information for our everyday business purposes such as for legal and compliance, IT support, or data retention, and storage purposes.

Please note that we do not knowingly collect nor ask you to provide your ‘sensitive personal information’. However, in the event that you affirmatively provide sensitive information to us, you consent to our processing of your sensitive personal information for purposes set forth in this Privacy Notice.  The definition of sensitive personal information may vary depending on where you live, but it generally refers to details such: (a) racial or ethnic origin, (b) religious beliefs, (c) mental or physical health condition or diagnosis, (d) sex life, (e) sexual orientation, (f) citizenship or immigration status, (g) the processing of genetic or biometric data for the purpose of uniquely identifying an individual, (h) children’s data, or (i) precise geolocation data. 

B. Information Collected Automatically

Whenever you visit or interact with us on our Website, we may automatically receive and store certain types of information, which may be considered personal information under applicable privacy laws. Examples of the information we automatically collect and analyze may include: 

(a) computer device and connection information such as the Internet protocol (IP) address used to connect your computer to the Internet or approximate location metadata derived from your IP address (city, state, and country), browser type, version and time zone setting, browser plug-in types and versions, operating system, and platform (collectively “Device Information”); 

(b) purchase history, the full Uniform Resource Locator (URL) clickstream to, through, and from the Website, including date and time; 

(c) cookie number; 

(d) information about your activity online and on our Website including: (i) which webpages you viewed; (ii) what ads, videos, or third-party links you clicked on while using our Website; (iii) what other websites you have visited prior to visiting our Website; (iv) your approximate age, gender, interests, and preferred language; (v) products you viewed, searched for, and added to your favorites list; and (vi) other activity information including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page (collectively, “Activity Information”); and

(e) the phone number you used to call our customer service department.

We may collect and use such automatically collected information using cookies (including Flash cookies, also known as Flash Local Shared Objects) and other software tools such as JavaScript and pixel tags. 

 

Cookies

Cookies are unique identifiers that we transfer to your device to enable our Website to recognize your device whenever you visit our Website. We use cookies during your visit to our Website for purposes of:

(a) maintaining our Website (including IT diagnostics and support); 

(b) monitoring Website activity for fraud prevention and other legal and internal compliance purposes; 

(c) personalizing your user experience on our Website; 

(d) performing Website data analytics to assess the success of our website content and usability; and 

(e) providing relevant advertisements to you. 

Tracking Software Tools

A tracking pixel or pixel tag is a tiny invisible image embedded within a website that can be used gather your Device Information and Activity Information. This information is collected to better understand how you and our visitors generally use our Website so that we can improve the quality of the content and usability of our Website, and to provide relevant advertisements to you. 

Please see the ‘Analytics Providers’ and ‘Internet Advertising Providers’ sections below for further information on our data sharing practices using the above-described tracking software tools and the ‘Privacy Requests’ section below to learn how you can opt out of such data collection practices. Please note that disabling certain cookies may prevent you from being able to use the Website. 

C. Mobile Access

When you access the Website from a mobile device, we may receive your Device Information. We may use this Device Information to provide you with location-based services, such as personalized advertising, search results, and other personalized content. Most mobile devices allow you to turn off location services. Please see your mobile device provider instruction guide to turn off location-based services.  

D. Registration/Log-In Information

You do not have to register or log-in to order online from the Website or to otherwise obtain Services from us. However, if you choose to set up an account with us, you will be asked for the following personal information:

(a) Your first and last name;
(b) Your billing address;
(c) Your shipping address (if different);
(d) Your e-mail address; and
(e) Your phone number.

Please note that we use your telephone numbers only to contact you about your order. Telephone numbers, like e-mail addresses, are never shared with third parties, except as provided in this Privacy Notice.


We store the personal information you enter when you register and use that personal information to process your order, respond to your requests, customize your future shopping, and communicate with you for any reason. The Website gives you access to this personal information for the limited purpose of viewing and, in some cases, updating the personal information.

 

You can always choose not to provide certain personal information, although it might be required to make a purchase or to take advantage of certain features of the Website. If you do not wish to provide personal information through the Website that we deem necessary to process your order, you may place your order by calling us toll free at (800) 244-9350, Monday through Friday, 9 AM to 5 PM.                                                                                                    

II. SHARING OF PERSONAL INFORMATION

We may share your personal information only with subsidiaries of Bernie & Phyl’s, our vendors, and other third parties for purposes as described below.

A. Affiliated Businesses We Do Not Control

We work closely with affiliated businesses to help provide the Services. We will notify you if an affiliated third party is involved in any transactions connected to providing Services to you. We will share your personal information related to those transactions with that third party only for purposes of completing the transaction.

B. Third-Party Service Providers

We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data with respect to the Services, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments (see the Credit Card Processing Vendors section below), and providing customer service functions such as our online chat and text support (see the Online Chat and Text Support Vendors section below). They have access to personal information needed to perform their functions, but they may not use it for other purposes.

C. Promotional Offers

For those individuals who choose to subscribe to our marketing emails or text messages, we sometimes send offers to selected groups of Bernie & Phyl’s customers on behalf of other businesses. When we do this, we do not give that business your name and address.

D. Business Transfers

As we continue to develop our business, we might sell or buy stores, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, you otherwise consent). Also, in the unlikely event that Bernie & Phyl’s or substantially all of its assets are acquired, your personal information may be shared with the acquiring party.

E. Protection of Bernie & Phyl’s and Others

We release account and other personal information when: (a) we believe release is appropriate to comply with the law; (b) to enforce or apply our Terms and Conditions and other agreements; or (c) to protect the rights, property, or safety of Bernie & Phyl’s, our users, or others, such as for fraud protection, credit risk reduction, or other legal, risk and/or compliance purposes. This includes exchanging personal information with other companies and organizations who are obligated to use the personal information only for the above purposes. 

F. Analytics and Internet Advertising Providers

            Analytics Providers

As described in the ‘Information Collected Automatically’ section above, we currently use online analytics tools provided by Google, Inc. (“Google Analytics”) to help manage and optimize our Internet business and communications. The services from Google Analytics use analytical tracking technologies to analyze your use of the Website. The information collected by these tracking technologies about your use of the Website is transmitted to and stored on a Google Analytics server in the United States. Information that Google Analytics may collect for analytical tracking purposes may include page views, scrolls, videos, or links that were clicked, a unique client ID attributable to your device and browser information, your approximate age, gender, interests, language settings on your device or browser, and approximate location metadata derived from your IP address (city, state, and country). Google Analytics uses this information to assess your use of the Website and provide us with reports on data such as how often you visit the Website, what pages you view when you visit the Website, and what other websites you have visited prior to visiting our Website so that we may have a better understanding of the web traffic on our Website and to personalize your experience on our Website. Google Analytics may transfer this information to third parties, if required by law or if third parties process the information on behalf of Google Analytics.  

Internet Advertising Providers

We use third-party service provider LS Direct and the social media provider Facebook to serve ads on our behalf across the Internet. They may collect Device Information and Activity Information about your visits to our Website, and your interaction with the Services. They may also use information about your visits to this Website and other third-party websites to target advertisements for goods and services. This information is collected through the use of a pixel tag. 

Depending on where you reside, you may be able to opt out of such information sharing with Google Analytics, Facebook, LS Direct, and/or other online advertising providers for purposes of targeted advertising. To learn more about how you can opt out, please go to the ‘Privacy Requests’ section below.  

G. Credit Card Processing Vendors

We currently contract with Verisign, Inc. (“Verisign”) to process online credit card payments on our behalf. To process payments through Verisign, we share personal information about you (including your payment information) and your order for the purpose of authorizing your payment. By processing payments online, you agree to allow personal information to be passed to Verisign for the purpose of processing your payment.

H. Credit Services

We currently contract with Wells Fargo, N.A. to offer credit services to our customers in the form of The Bernie & Phyl's credit card (the “Credit Card”). The Bernie & Phyl's credit card is issued with approved credit by Wells Fargo Financial National Bank (“Wells Fargo”). If you choose to apply for the Credit Card, by clicking the ‘Apply Now’ button on the Website you will be directed to the Wells Fargo website, which is an independently managed and controlled website by Wells Fargo (“Wells Fargo Site”) that Bernie & Phyl’s does not own or operate. While on the Wells Fargo Site, Wells Fargo may collect certain personal information about you such as your social security number, contact details and income information for purposes of determining your approval status for the Credit Card and providing Credit Card services to you.  For information on how Well Fargo may handle any information you provide on or through the Wells Fargo Site, please see Wells Fargo’s privacy disclosures.   

I. E-Mail and Promotional Offers Providers

As a service to account users, Bernie & Phyl's uses your e-mail address to update you on new products and services and special offers from the Website. To deliver this information to you, we use BlueHornet, Inc. (“Blue Hornet”), an e-mail marketing service that helps us to conduct targeted permission-based e-mail campaigns. Sometimes we send offers to selected groups of Website customers on behalf of trusted third-party marketing partners. When we do this, we do not give that business your name and physical address. Please go to the ‘Privacy Requests’ section below if you wish to opt out of such email and promotional offers. 

J. Online Chat and Text Customer Support Providers 

We use third party providers on our Site to provide online customer support tools to you via chat or text, and such third-party providers may have access to and record your electronic communications in order to provide the customer support services. By utilizing our Site customer service chat or text support tools, you consent to the access and/or recording of your online chat and/or text communications by our third- party providers for customer support purposes.     

K. Other Third Parties With Your Consent

Other than as set out above, you will receive notice when personal information about you might go to other third parties not otherwise described above, and you will have an opportunity to choose not to share the information.                                                                 

III. THIRD PARTY LINKS

Please note that we may link to third-party services (including social media services), external websites (including the Wells Fargo Site as described above) and/or external mobile applications or online services (“Third Parties”) on our Website.  However, we do not own nor control these Third Parties, and we are not responsible for the content or privacy practices of such Third Parties on their sites or applications, including their level of data sharing with other third parties. Additionally, we are not responsible for the data processing practices of the internet browser service you choose to use when accessing our Website.  Such Third Parties and internet browser services may have their own privacy policies, and you should consult those policies accordingly before using or going to their websites or applications.                                                                                                                            

 

IV. SECURITY OF INFORMATION

We employ technical and organizational measures to address the risk of loss, misuse, alteration, or unauthorized disclosure of personal information under our control.  For example, we work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input, and we reveal only the last four digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.

While we have employed security technologies and procedures to assist safeguarding your personal information, no system or network can be guaranteed to be 100% secure, and we cannot guarantee that the information you send over the Internet is fully secure.  You should exercise discretion in what information you disclose and/or transmit through our Website.  The transmitted information may be intercepted by others before it reaches us. If you are concerned about sending information to us over the Internet, please send the information by mail or call us to make other arrangements.  We are not responsible for the security of information transmitted online. Likewise, when you click on Third Parties’ links from our Website, we cannot control the security measures used on such Third Parties’ sites or applications.  If you have an account with us, you are responsible for maintaining the secrecy of your log in credentials and account information, and for controlling access to your email account and any electronic communications from us. For example, be sure to sign off of your account with us when finished using a shared computer.

Some versions of browsers and some firewalls do not permit communication through secure servers. If that is the case, you will not be able to connect to our server and access our Website. If you cannot access our secure server for whatever reason, please place your order by phone or by visiting any of our Bernie & Phyl's stores.                     

 V.  DATA RETENTION 

 

We retain your personal information as needed to complete the Services or for other legitimate purposes such as ensuring security of our data and systems, complying with our legal obligations, complying with tax, audit, or other book-keeping and record-keeping policies, resolving disputes, conducting internal investigations, and enforcing our legal rights. Due to the different purposes for retaining your personal information, the actual retention timeframes may vary depending on the type of personal information we collect from you and the purposes for which we use your personal information. If we determine that your personal information is no longer needed for the purposes described above, it will be deleted or anonymized so that it can no longer be attributed to you.  Our collection times will be consistent with applicable law. Please note that residual copies of your personal information may be removed from backup systems subject to our backup data retention schedule.  

 

 

VI. PRIVACY REQUESTS

We will use reasonable efforts to accommodate your Privacy Request within commercially reasonable timeframes and in accordance with the requirements under applicable Data Protection Laws, provided we can verify your identity.  

 

If you would like to (i) access, correct, or delete your personal information, (ii) opt out of certain uses of your personal information, or (iii) revoke your prior consent for certain processing activities (“Privacy Request”) or have questions or concerns about our data handling practices, please contact us using the information provided in the ‘Website Maintenance And Contact Information’ section below. Further details on the steps needed to complete your Privacy Request are detailed below. 

 

Step 1: Verifying your Request.

 

Before we can fulfill your Privacy Request, we need to (a) verify your identity or your authority to make the request (if you are submitting a Privacy Request as an agent) and (a) confirm that the personal information you are requesting belongs to you.  We will ask you to provide information that matches at least two pieces of personal information we store about you before responding to your Privacy Request.  If you would like to request information on specific pieces of personal information that we have collected about you, or if you would like us to delete highly sensitive personal information (to the extent you have provided us with your sensitive personal information), you will need to match at least three pieces of information we store about you, and you must provide a signed declaration under penalty of perjury that you are the consumer whose personal information you are requesting.  We may refuse any request made regarding collected personal information if we are unable to verify the identity of the person making the request or if we cannot authenticate the legitimacy of the request using commercially reasonable efforts.  Under such circumstances, we may follow up with you for additional information as reasonably necessary to authenticate your request.  We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.                                                       

 

Authorized Agents                                                                                                               

You may grant an authorized agent written permission to submit Privacy Requests on your behalf, but we may deny authorized agent requests if we are unable to verify your identity directly as the subject of the personal information at issue.  To verify a request from an authorized agent, we may require proof that you gave the authorized agent signed permission to submit the Privacy Request, such as by requiring you to directly confirm with us that you provided permission for the authorized agent to submit your request, and/or we may ask you to verify your identity directly with us.

Step 2: Responding to your Request.

 

After verifying your identity, we will respond to your request in accordance with Data Protection Laws by either fulfilling your request or explaining why we are denying your request.  

 

Deletion Requests

 

Please note that for deletion requests, any removal of content by us does not ensure or guarantee complete or comprehensive removal in all places.  The content may have been shared or reposted by other parties who act outside of any business relationship with us or may not cooperate with our request for them to delete your personal information, or federal or state law may require maintenance of the content or information.  We will do our best to accommodate your request, but we cannot guarantee we can remove all personal information from the specified uses. Therefore, please be as specific as possible in your request. If the request relates to information that we need to make the Website function properly for you, you may not be able to use the Website properly moving forward. We reserve the right to maintain proper business records as required by law, or for otherwise legitimate business purposes to the extent permitted by law, even if such records contain your personal information.  

 

Opt-Out of Certain Personal Information Use and Sharing Activities

 

Please see below to learn more about how you may exercise your opt out preferences.                                                                                                                                      

Online Tracking 

You may submit requests to opt out of the sharing of your personal information for targeted advertising purposes by contacting us directly by using the contact information described in the ‘Website Maintenance and Contact Information’ section below.  

You can also opt out of online tracking directly with the analytics/advertising provider by clicking the below Third-Parties’ links and following the directions provided. 

Provider
How to Manage Privacy Settings
More Information
Google
Download and install the Google Analytics Opt-out Browser Add-on 

and/or adjust your Ad Settings
Google Privacy Policy
LS Direct
Click on the LS Direct “Do Not Sell My Personal Information” link and follow the opt out instructions
LS Direct Privacy Policy
Facebook/

Meta
Go to Facebook’s interest based ads settings or the Meta privacy control center
Meta/Facebook’s Data Policy and Cookie Policy
 

You also may make choices regarding the use of certain cookies through your browser settings by blocking or deleting cookies. To block/delete cookies go to your browser settings page (see Chrome, Safari, Firefox, & Internet Explorer).  If you are using any other web browser, please visit your browser’s official support documents.                                                                                                                     

Lastly, you can opt out of online tracking through third party advertising organizations such as the Network Advertising Initiative website and the Digital Advertising Alliance website. Options you select are browser- and device-specific, and there is no guarantee that these industry-provided opt-out tools will prevent all targeted advertising.  

Do Not Track

Some browsers have a “do not track” feature that lets you tell websites that you do not want to have your online activities tracked. Our Website is not currently configured to respond to “do not track” or similar automated privacy controls with respect to any sharing of personal data for purposes of targeted advertising activities.  As previously described in this Privacy Notice, third parties may collect or receive information through the Website.  Since it is possible that some of these third parties may respond differently than us to “do not track” requests, you should consult the applicable privacy policies of those third parties described above for further information.

 

E-Mail and Promotional Offers

You may opt out of the e-mail service and/or promotional offers at any time. Any promotional e-mail sent to you will contain the opportunity to opt out and unsubscribe to the service. You also can contact us by going to the Customer Service area of the Website, or by clicking Contact Us. You may also contact us by using contact information described in the ‘Website Maintenance and Contact Information’ section below. 

VII. WEBSITE MAINTENANCE AND CONTACT INFORMATION

The Website is maintained by The Convertible Castle, Inc. d/b/a Bernie & Phyl's Furniture, 308 East Main St., Norton, MA 02766. If you have any questions about this Privacy Notice or the practices and policies of our Website and related Services, please contact us: 

Bernie & Phyl's Furniture
Customer Service
308 East Main St.
Norton, MA 02766
Telephone: (800) 244-9350
E-mail: [email protected]

Privacy & Security

This notice describes the privacy policy (the “Privacy Notice”) of The Convertible Castle, Inc. d/b/a Bernie & Phyl’s Furniture (“we,” “us,” “our,” and “Bernie & Phyl’s”).
The Privacy Notice is designed to maximize your ability to protect private information while at the same time giving you the opportunity to obtain interesting and useful information, products and services. This Privacy Notice describes how we treat information received about you when you use and/or visit BernieandPhyls.com (the “Website”).

Please read our Privacy Notice carefully. We may, from time to time, update this Privacy Notice. We will post any changes to our Privacy Notice on this page in order that our you are kept up-to-date about our security and privacy policies including, without limitation, what information we collect and how we use it. By visiting or using the Website, you are accepting the practices described in this Privacy Notice and the Website’s terms and conditions (the “Terms and Conditions,” also available on this page).

I. PERSONAL INFORMATION

What we learn from customers helps us improve and customize your shopping experience at on the Website.

A. Information You Provide

We receive and store any information you enter on the Website or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our stores, and communicating with you.

B. Information Collected Automatically

Whenever you interact with us, we receive and store certain types of information. Examples of the information we collect and analyze include the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information such as browser type, version, and time zone setting, browser plug-in types and versions, operating system, and platform; purchase history, the full Uniform Resource Locator (URL) clickstream to, through, and from the Website, including date and time; cookie number; products you viewed or searched for; and the phone number you used to call our customer service department. We may also use browser data such as cookies, Flash cookies (also known as Flash Local Shared Objects), or similar data on certain parts of our Website for fraud prevention and other purposes. During some visits we may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page. We may also collect technical information to help us identify your device for fraud prevention and diagnostic purposes.

C. Mobile Access

When you access the Website from a mobile device, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based services, such as advertising, search results, and other personalized content. Most mobile devices allow you to turn off location services.

II. SHARING OF INFORMATION

Information about our customers is an important part of our business, and we are not in the business of selling it to others. We share customer information only as described below and with subsidiaries of Bernie & Phyl’s or entities that Bernie & Phyl’s controls that either are subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice.

A. Affiliated Businesses We Do Not Control

We work closely with affiliated businesses. You can tell when a third party is involved in your transactions, and we share customer information related to those transactions with that third party.

B. Third-Party Service Providers

We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.

C. Promotional Offers

Sometimes we send offers to selected groups of Bernie & Phyl’s customers on behalf of other businesses. When we do this, we do not give that business your name and address.

D. Business Transfers

As we continue to develop our business, we might sell or buy stores, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the unlikely event that Bernie & Phyl’s or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.

E. Protection of Bernie & Phyl’s and Others

We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Terms and Conditions and other agreements; or protect the rights, property, or safety of Bernie & Phyl’s, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Notice.

F. With Your Consent

Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.

III. COOKIES

Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide features. The Website uses cookies during your visit to our site. Disabling cookies will prevent you from being able to use the Website.

IV. SECURITY OF INFORMATION

We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. We reveal only the last four digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.

Some versions of browsers and some firewalls do not permit communication through secure servers. If that is the case, you will not be able to connect to our server and access our Website. If you cannot access our secure server for whatever reason, please place your order by phone or by visiting any of our Bernie & Phyl's Furniture stores.

If you choose to visit the Website, your visit and any dispute over privacy is subject to this Privacy Notice and our Terms and Conditions, including limitations on damages, resolution of disputes, and application of the law of the Commonwealth of Massachusetts. If you have any concern about privacy on the Website, please contact us with a thorough description, and we will try to resolve it. Our business changes constantly, and our Privacy Notice and Terms and Conditions will change also. We may e-mail periodic reminders of our notices and conditions, but you should check the Website frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account.

It is also important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.

V. WEBSITE

A. Use By Minors

Bernie & Phyl’s does not sell products for purchase by children. We may sell children's products for purchase by adults. If you are under eighteen (18) years of age, you may use the Website only with the involvement of a parent or guardian.

B. Google Analytics

We currently use analytics provided by Google, Inc. (“Google Analytics”) to help manage and optimize our Internet business and communications. We use the services of Google Analytics to help us measure the effectiveness of our advertising and how visitors use our site. To do this, we use tags and cookies provided by Google Analytics on this site. We do not send any personal identifiable information to Google Analytics, and all data use is anonymous and collected for the purpose of aggregation and analysis.

The information we collect helps us learn things like what kinds of customers our site attracts, which of our products most interest our customers, and what kinds of offers our customers like to see. Although Google Analytics logs the information coming from our site on our behalf, we control how that data may and may not be used.

C. Internet Advertising

We use a third-party service provider to serve ads on our behalf across the Internet. They may collect anonymous information about your visits to our Website, and your interaction with our products and services. They may also use information about your visits to this and other Websites to target advertisements for goods and services. This anonymous information is collected through the use of a pixel tag, which is industry standard technology used by most major websites. No personally identifiable information is collected or used in this process. The service providers do not know the name, phone number, address, email address, or any personally identifying information about the user. If you would like more information about online marketing practices and to know your choices about not having this anonymous information used by our third party service provider, please click here.

D. Verisign

We currently contract with Verisign, Inc. (“Verisign”) to process online credit card payments. To process payments through Verisign, we share information about you and your order for the purpose of authorizing your payment. By processing payments online you agree to allow personal information to be passed to Verisign solely for the purpose of processing your payment.

E. Credit Services

We currently contract with Wells Fargo to offer credit services to our customers in the form of The Bernie & Phyl's Furniture credit card (the “Credit Card”).The Bernie & Phyl's credit card is issued with approved credit by Wells Fargo Financial National Bank.. When applying for credit, making a payment on your Credit Card account, or managing your Credit Card account, you will be on Wells Fargo's website throughout the application process and HSBC's Privacy Statement, and Web Site Terms and Conditions apply. More information can be found at https://www.wellsfargo.com

VI. PREFERENCES

A. E-Mail and Promotional Offers

As a service to users, Bernie & Phyl's uses your e-mail address to update you on new products and services and special offers from the Website. To deliver this information to you, we use BlueHornet, Inc. (“Blue Hornet”), an e-mail marketing service that helps us to conduct targeted permission-based e-mail campaigns. Blue Hornet adheres to all Federal and State privacy laws, including the FTC's privacy guidelines (http://www.ftc.gov/privacy) and other industry standards.

Sometimes we send offers to selected groups of Website customers on behalf of trusted third-party marketing partners. When we do this, we do not give that business your name and address.

B. Opt-Out

You may opt out of the e-mail service and/or promotional offers at any time. Any promotional e-mail sent to you will contain the opportunity to opt out and unsubscribe to the service. Or, you can contact us by going to the Customer Service area of the Website, or by clicking on Contact Us in the upper navigation bar. You may also contact us by calling 1 (800) 244-9350, or writing to us at:

Bernie & Phyl's Furniture
308 East Main St.
Norton, MA 02766

Simply let us know that you would prefer not receive e-mail promotions and we will make every effort to remove your name from future mailings.

C. Registration/Log-In

You do not have to register or log-in to order online from the Website. You will be asked for the following information if you do choose to register or log in:

(1) Your first and last name;
(2) Your billing address;
(3) Your shipping address (if different);
(4) Your e-mail address; and
(5) Your phone number.

Please note that we use your telephone numbers only to contact you about your order. Telephone numbers, like e-mail addresses, are never shared with third parties.
We store the information you enter when you register and use that information to process your order, respond to your requests, customize your future shopping, and communicate with you for any reason. The Website gives you access to this information for the limited purpose of viewing and, in some cases, updating the information.

You can always choose not to provide certain information, although it might be required to make a purchase or to take advantage of certain features of the site. If you do not wish to provide information that we deem necessary to process your order, you may place your order by calling us toll free at (800) 244-9350, Monday through Friday, 9 AM to 5 PM.

VII. WEBSITE MAINTENANCE AND CONTACT INFORMATION

The Website is maintained by The Convertible Castle, Inc. d/b/a Bernie & Phyl's Furniture, 308 East Main St., Norton, MA 02766. If you have any questions about this Privacy Notice or the practices and policies of our Website please contact us: 


Bernie & Phyl's Furniture
Customer Service
308 East Main St.
Norton, MA 02766
Telephone: (800) 244-9350
E-mail: [email protected]

© 2024 Bernie & Phyl's Furniture. All Rights Reserved.