Privacy Policy

Bailey's Furniture Outlet, Inc., ("Bailey’s," "we," "us" or "our") has created this website to provide online shoppers with a convenient forum to view and purchase furniture and other products. We refer to our website in this Privacy Policy as the "Website" or "Site".

Bailey’s is committed to respecting your privacy. This privacy policy and agreement (the "Privacy Policy") covers how we collect, use, and treat personal information that you may provide either (i) through our Website, (ii) by contacting us directly by phone, email, or another communications channel, or (iii) while visiting one of our physical locations (collectively, the "Services").

Our Privacy Policy applies to any visitor to the Website (collectively, "you"), including (i) casual visitors to our Site who do not sign up for an account on the Website ("Site Visitors"), and (ii) users who have registered with Bailey’s through the Website (collectively, "Registered Users").

1. Your Consent

Please read this Privacy Policy carefully because it creates legal obligations on you and on Bailey's. You show your consent to this Privacy Policy by using our Website or visiting one of our physical locations (as applicable). We may also request your express consent when you become a Registered User or complete a purchase with us. In either event, you are acknowledging that you have read and understood this Privacy Policy, and agree to be legally bound by it. If you do not agree with the terms of this Privacy Policy, please refrain from using our Services.

2. Types of Information We Collect

We collect a few categories of information as described in this Section 2 (Types of Information We Collect). We may collect this information through different sources as described in Section 3 (How We Collect Personal Information) below.

2.1 Personal Information

We use the term "Personal Information" to mean any information that identifies you as an individual and any other information we associate with it. We may receive Personal Information from you directly, such as:

Your name, email address, and password;
Other contact information including a physical address and phone number;
Your payment and billing information;
Any information or feedback you provide in communications with us through our Website or via social media, email, or our customer call center;
Your orders and transactions with us.
If you provide us with any Personal Information relating to another individual, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

2.2 Online Activity Information

We also collect technical and device-related information through our Website and third-party analytics tools we use (collectively, the "Online Activity Information"). Sometimes Online Activity can be associated with your Personal Information (as described below), otherwise, it is considered Anonymous Information as described below.

2.3 Anonymous Information

In addition to Personal Information, we may also have (i) information that does not identify you or your devices, and (ii) de-identified Personal Information that no longer identifies you (collectively, "Anonymous Information"). Information that meets either of these criteria might include, for example, demographic information, statistical information (e.g., page views and hit counts), and general tracking information. We use Anonymous Information for our business operations, for example, to engage in marketing and other activities in a manner that protects our customers, since Anonymous Information does not include Personal Information and, as such, is outside the scope of this Privacy Policy.

3. How We Collect Personal Information

As a Site Visitor, you decide whether to provide us with your Personal Information. We allow you to visit our Site, browse our products, and review other information about our Services without revealing your identity or otherwise providing any Personal Information. In that case, the only information that we collect from your visit will be Online Activity Information or Anonymous Information.

3.2 Registered Users

In order to participate in our Services as a Registered User, we will direct you to complete a registration form. Our registration forms will require certain Personal Information such as (i) name; (ii) email address; (iii) mailing address; and (iv) phone number. Our registration forms may also request information that you can choose to provide or withhold. The registration process provides Registered Users with an email username and password, which allows them to gain access to password-protected portions of the Website and to otherwise use certain functionality available on our Site. This information is used by Bailey's in providing the Website and related Services, as further detailed below. The benefits of becoming a Registered User are set forth on our Website and in our Terms of Use.

3.3 Purchasing Products; Order Fulfillment and Payment; Financing and Protection

When you purchase products or other services from our Website (such as gift cards) or begin the checkout process, we typically collect contact and payment information (such as credit card number, expiration date, and security code). We may already have this information on file if you are a Registered User. This information is used for billing purposes, order fulfillment, contacting you about your order, and sending you other communications (including notifying you via email about an abandoned online shopping cart), all as described further in this Privacy Policy. You may also be able to complete purchases without providing us with payment information, such as by using PayPal.

We may also assist you in providing the information necessary to apply for offers provided by financing partners we work with. For more information, please see https://www.baileysfurniture.com/financing. Likewise, we may assist you when you apply for, or make claims in connection with Bailey’s Platinum Furniture Protection Plan.

3.4 Photographs and Videos

We may provide the ability for you to submit photos to us through our Website (either directly or through a third-party service) for marketing purposes or to process a request from you. For example, we may allow you to submit a photo of a product in connection with a review, or to report delivery damage in order to obtain an exchange. We will use the photo(s) that you submit for the purpose for which they were submitted. It is your responsibility to ensure that any photo/s you submit do not include images of any individuals or other identifying information.

3.5 Emails; Live Chat; Customer Service Calls

You may contact us by phone, email, or through our Site's "live chat" service with your questions, comments, or feedback concerning our Site or Services. By communicating with us for these purposes, you may provide us with your email address or other Personal Information, and we will use this information in connection with responding to you and to improve our Services and offerings.

3.6 Questionnaires and Surveys

Our Website may allow you to participate in surveys and questionnaires, and we may post responses on the Site from time to time. You are free to choose whether you participate in a survey or questionnaire. We may ask that, in addition to providing your responses, you also provide Personal Information. In these instances, we use any information that you provide to us for the purposes for which you submit the information. We may also add your Personal Information to your customer profile so that we can provide you with a more personalized shopping experience on the Website, as well as for advertising and marketing purposes. Survey and questionnaire information may be used for the purposes of monitoring or improving the use and appeal of this Site or improving our business.

3.7 Newsletters and Special Offers

You may choose to sign up to receive communications from us including, for example, emails with information on deals, news, store openings, and other events. In addition, if you are a Registered User or have previously provided Bailey's with your email address, we may choose to send news, bulletins, marketing materials, or other information. We may use your Personal Information or expressed preferences to determine which communications may interest you and to send such communications. You can opt-out of receiving these communications as provided in Section 11 (Your Choices Regarding Your Personal Information; Opting Out) below.

3.8 User-Generated Content

We may give you the ability through the Website to engage with us and others in public exchanges, and this may include opportunities for you to provide comments, reviews, recommendations, and other input via the Website (collectively, "User-Generated Content"). Please understand that, if you include Personal Information in User-Generated Content, others may be able to read, collect, re-publish, and otherwise freely use the Personal Information. We are not responsible for Personal Information that you decide to include in User-Generated Content, and we are not obligated to take down, remove, or edit User-Generated Content, except as required by applicable law. If your User-Generated Content includes Personal Information relating to others, you represent that you have full permission and authority to do so.

3.9 Collection of Personal Information Offline

If you purchase a product or service from us in one of our physical stores or by phone, we may ask you to provide us with various information including, but not limited to, your contact information. For example, we may use your contact information to send communications as described in this Privacy Policy, to more efficiently complete deliveries, to administer our Platinum Protection Plan, and for other purposes set out on the sales receipt that you receive at checkout or as otherwise set out in a document provided to you by our sales staff. If you provide information to us at our request, then we will strive to provide you with either verbal and/or written notice of this Privacy Policy upon your request for a copy of the Privacy Policy. We treat any information that you provide to us as Personal Information under this Privacy Policy.

3.10 Personal Information Received from Third Parties

We may receive information from third parties such as advertising and marketing partners, public databases (e.g., National Change of Address records), and social media platforms, to supplement the information we receive from our customers. If we do so, this Privacy Policy governs how we can use that information.

4. How We Collect Online Activity Information and Anonymous Information

We collect Online Activity Information and Anonymous Information to analyze the effectiveness of our Site, to improve our Website and our Services, and for other similar purposes. In addition, from time to time, we may undertake or commission statistical and other summary analyses of the general behavior and characteristics of Website users and the use of our Website and Services, and we may share such information with third parties, including advertisers. We may collect Online Activity Information and Anonymous Information through features of the software that support our Website and our Services, through cookies, and through other means described below.

4.1 IP Addresses; Logs

Bailey's may automatically receive and record information in our server logs from your browser, including your IP address (the Internet address of your computer), your computer's name, the type, and version of your web browser, referrer addresses, and other generally-accepted log information. We may also record page views (hit counts) and other general statistical and tracking information, which will be aggregated with that of other users in order to understand how our Website is being used, and for security and monitoring purposes.

4.2 Cookies

A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a website's computers and stored on your computer's hard drive. Cookies can be used to provide you with a tailored user experience and to make it easier for you to use a website upon future visits. We may include cookies on our Website and use them to recognize you when you return to our Website. You may set your browser so that it does not accept cookies. Cookies must be enabled on your web browser, however, if you wish to access certain personalized features of our Services.

4.3 Tags

We may use so-called "pixel tags" – small graphic images (also known as "web beacons" or "single-pixel gifs") – to tell us what parts of our Website have been visited or to measure the effectiveness of searches customers perform on our Site. Pixel tags also enable us to send email messages in a format customers can read, and they inform us whether emails have been opened, to help ensure that our messages are of interest to our customers. You can "opt-out" of receiving these types of emails from us by following the directions provided in Section 11 (Changing or Removing Information; Opting Out). As noted above, any Personal Information collected using such tools will be subject to the terms of this Privacy Policy.

4.4 Click-Throughs

We may send email messages, which use a "click-through URL" linked to content on our Website. When you click one of these URLs, you pass through our web server before arriving at the destination web page. We track this click-through data to help determine interest in particular topics and to measure the effectiveness of our customer communications. If you prefer not to be tracked simply do not click text or graphic links in the email, or notify us in accordance with Section 11 (Changing or Removing Information; Opting Out).

4.5 Computer Configuration

We may collect certain Anonymous Information in order to determine whether your computer is supported by our system. This information includes, but may not be limited to, your operating system and browser, the presence of any software that our Website may require to operate with your computer, or other third-party software on your computer. This information is kept strictly confidential and is not shared with third parties, except as provided for in this Privacy Policy.

5. How We Use The Information We Collect

We use the information we collect or process, including Personal Information, Online Activity Information, and Anonymous Information, as permitted under applicable law and consistent with the terms of this Privacy Policy. More specifically, we use the information we collect for the following purposes:

To provide you with the Services you request (on the Website, by phone, in our stores, or otherwise), including use of our Website, to complete purchases, order fulfillment, returns, and other needs associated with a transaction, to create and manage Registered User accounts, and to communicate with you regarding our Services;
To allow you to post User-Generated Content, submit photographs for marketing or other purposes and to process your requests using such photographs and participate in surveys and questionnaires;
To respond to your inquiries;
To customize and enhance your use of our Website and Services, such as by personalizing your experience with us;
To provide communications that might interest you, including marketing messages and to inform you of products and services that we think would be appealing to you, whether the products or services are provided by us or by others, and whether the products or services are available via our Site or via a third party;
To verify your identity and to securely process your purchases or other requests for Services;
To perform analytics, quality control, market research, and to determine the effectiveness of our Site, promotional campaigns, to improve our current products, Services, and Site, and develop new products and services;
To perform internal administration, auditing, operation, and troubleshooting for our Site and Services;
To share the information with third parties strictly as permitted in Section 8 (How We May Disclose Your Information) below;

In addition to the uses specifically identified above, there may be instances where you request information and services from us that are not described in this Privacy Policy. At our discretion, we can use the information that you submit in order to provide such information and Services.

6. Treatment of Combined Information

To enable us to better understand the characteristics of our customers and/or to provide Services tailored to your needs, we may link your Personal Information with Online Activity Information associated with you or other Anonymous Information. If Online Activity Information or other Anonymous Information is ever associated or combined with your Personal Information (such as a name or email address), we will treat it as your Personal Information subject to the terms of this Privacy Policy.

7. Other Essential or Internal Uses of Information

We may also use the information we collect as we believe to be necessary or appropriate for certain essential purposes, including:

To comply with applicable law and legal process;
To respond to requests from public and government authorities, including public and government authorities;
To detect, prevent, or investigate potential security incidents or fraud;
To facilitate the functionality of our mobile applications and websites;
To provide important product safety information and notice of product recalls;
To enforce our terms and conditions;
To protect our operations or those of our affiliates;
To protect our rights, privacy, safety or property, security and/or that of our affiliates, you or others; and
To allow us to pursue available remedies or limit the damages that we may sustain.

8. How We May Disclose Your Information

We will not disclose your Personal Information to third parties without your express consent, except in the following limited circumstances:

8.1 Bailey's Vendors

We may employ other companies to perform functions on our behalfs, such as development, maintenance, and hosting of our Website, data analysis, payment processing, order fulfillment, product deliveries, IT services, customer service, email delivery services, administering our Platinum Protection Plan, consumer financing, and other functions necessary to our business operations (collectively, "Vendors"). We may need to share your Personal Information with our Vendors. We will only provide Vendors with information so they can perform their required functions, and we will not allow them to use your Personal Information for any other purpose.

Online Activity Information may be shared with our online and email advertisers or other third parties that provide cookies, pixel tags, or other similar technologies for use on our Site to manage and improve our online services and marketing activities.

8.2 Safety and Security

We may reveal Personal Information to attorneys, investigators, or law enforcement if we believe it is necessary to address a situation where someone was harmed or at risk of harm from another, or someone is violating or likely to violate (either intentionally or unintentionally) our Terms of Use or otherwise violate the legal rights of any individual or entity.

8.3 Legal Obligation

Bailey's will reveal your Personal Information to the extent we reasonably believe that we are required to do so by applicable law. If we receive a legal process calling for the disclosure of your Personal Information, we will attempt to notify you via the email address you supplied during registration within a reasonable amount of time before we respond to the request, unless such notification is not permitted.

8.4 Corporate Transaction

Bailey's may transfer to a third party all of the information that we have collected, including any Personal Information, in connection with a reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings). In such circumstances, the acquiring party will be subject to the terms of this Privacy Policy.

8.5 Our Affiliates

We may share information we collect with our "Affiliates", which are any entity that is closely related to us, such as any entity that controls, is controlled by, or is under common control with Bailey's Furniture Outlet, Inc. Our affiliates will be subject to the terms of this Privacy Policy.

9. Accuracy and Minimization of Data

We take reasonable steps (i) to maintain the accuracy of the Personal Information we process, and (ii) to limit the Personal Information that we process to that which is reasonably necessary for the purposes for which we obtain the information. We may retain your Personal Information for as long as reasonably necessary to provide services to you unless you request that we delete certain information in accordance with Section 11.3 (Access, Deletion, and Do-Not-Sell Requests) below.

10. Advertising

We participate in online advertising to keep our customers up to speed on product offerings, site promotions, and associated content. Like many companies, we utilize targeted Bailey's banners and ads and may display these to you when you are on other websites and apps. We do this using a variety of digital marketing networks and ad exchanges in addition to using a range of advertising technologies like web beacons, pixels, ad tags, cookies, and mobile identifiers, as well as specific services offered by some sites and social networks. The banners and ads that you may see displayed will be based on information we hold about you, such as your previous use of our Site. This may include your Website search history, the content you read on the Site, or on Bailey's banners or ads you have previously clicked on. Additionally, our Site may include the use of ad banner partners for the serving and/or targeting of ads, promotions, and other marketing messages. These ads may be provided, in some cases, by a third-party ad service provider or advertiser (collectively, "Advertisers"). Additionally, Advertisers may place or utilize their own cookies on your browser and may use Online Activity Information or other Anonymous Information about your visit to our Site. If an Advertiser requests that you provide Personal Information to it or otherwise accept its cookie on your browser, please be aware that the Advertiser's use and collection of this information and use of any cookies will be governed by its privacy policy or other relevant agreement, and not our Privacy Policy. We recommend that you review the Advertiser's privacy policy before providing Personal Information. You may choose not to receive targeted advertising from certain ad networks, data exchanges, marketing analytics, and other service providers as indicated at: http://www.aboutads.info/choices/.

11. Your Choices Regarding Your Personal Information; Opting Out

11.1 Discretionary Account Information

To allow appropriate control over Personal Information, you can view, change, or update discretionary information that you have previously submitted either by contacting us as provided in Section 21 (Contact Us) below or by accessing your account on our Website if you are a Registered User

11.2 Opt-Out of Marketing Communications

If we choose to send you bulletins, updates, or other marketing-related materials, we will provide you with the ability to decline – or "opt-out" – of receiving such communications. Instructions for opting-out will be provided if and when we determine to send you such a communication. For example, if you no longer wish to receive email messages from us, you can opt-out of this Service by either (i) following the "unsubscribe" instructions located near the bottom of each email message, or (ii) contacting us as provided in Section 21 (Contact Us) below. Please understand that we may still communicate with you in connection with administrative notices concerning any transactions, operation of the Site, and legal notices.

11.3 Access, Deletion, and Do-Not-Sell Requests

BAILEY’S IS CURRENTLY IMPLEMENTING INTERNAL CHANGES TO FULFILL REQUESTS SUBMITTED UNDER THIS SECTION 11.3 (Access, Deletion, and Do-Not-Sell Requests). UNTIL SUCH CHANGES ARE COMPLETED, BAILEY’S MAY NOT BE ABLE TO FULFILL CERTAIN REQUESTS. BAILEY’S WILL NOTIFY THOSE MAKING A REQUEST IF SUCH REQUEST IS IMPACTED BY ONGOING INTERNAL CHANGES.

We provide the following additional rights with respect to your Personal Information:

You may request a copy of the following: (1) the categories of Personal Information we collected about you; (2) the categories of sources from which the Personal Information is collected; (3) the business or commercial purpose for collecting or selling (if applicable) the Personal Information; (4) the categories of third parties with whom we share Personal Information; and (5) the specific pieces of Personal Information we have collected about you.

You may request that we delete your Personal Information. Note that deletion requests are subject to a number of limitations, for example, we may keep Personal Information as permitted by law, such as for tax or other record-keeping purposes, to maintain an active account, to process transactions and facilitate customer requests, and for other internal business purposes consistent with the terms under which it was collected.

You may request that we do not share your Personal Information with third parties to be used for purposes not described in this Privacy Policy. Bailey's only shares Personal Information with Vendors and others described above for purposes identified in this Privacy Policy, but Online Activity Information or Anonymous Information collected by the Vendors providing pixels or other third-party technologies on our Website could potentially be used by those Vendors for their own purposes, some of whom may be able to associate such information with you based on other information they have collected independently (not from Bailey's). We will endeavor to block such sharing upon request.

You can submit any of these requests at https://www.baileysfurniture.com/contact or by contacting us at (888) 563-4083. You may authorize another person (your "Agent") to submit a request on your behalf the same way. Shortly after you (or your Agent) submit a request, we will contact you (usually via email) with instructions on how to verify the submitted request before we fulfill it. Please be advised that these requests are unrelated to opt-out of marketing communications, which can be done as provided in Section 11.2 (Opt-Out of Marketing Communications) above.

Please be advised that Bailey's will fulfill these requests in its reasonable discretion or as otherwise required by applicable law. Likewise, we will aim to complete such requests as soon as reasonably practicable and consistent with any applicable law.

If you otherwise have concerns or objections with our processing of your Personal Information, please contact us as provided in Section 20 below.

12. Security

We have implemented security measures and other safeguards designed to prevent unauthorized access to, or disclosure of, Personal Information that you provide to us. Our Site's password-protected portions require users to give us unique identifiers such as their email username and password. Bailey's employees are directed to respect the confidentiality of individuals' Personal Information. Additionally, we direct Affiliates and Vendors to implement security measures and handle Personal Information consistent with this Privacy Policy. Access to Bailey's databases containing Personal Information is restricted to a need-to-know basis. Our security measures and other safeguards are aimed at deterring and preventing hackers and others from unauthorized access to information that you provide to us. We also monitor network traffic for unauthorized attempts to access or change information or otherwise cause damage to our systems or Personal Information we maintain. However, due to the nature of internet communications and information technology, we cannot provide, and expressly disclaim, assurance that the information you provide us will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access.

13. Notice of Security Incident

If we detect unauthorized access to Personal Information (an "Intrusion"), we will: (i) notify affected users of the Intrusion if the information at issue is sensitive, at our discretion; (ii) deliver this notice by the means we deem most efficient under the circumstances; (iii) use contact information for each affected user that is currently in our files; and (iv) use commercially reasonable efforts to accomplish these steps in a timely manner. To the extent applicable law requires steps in addition to those specified above, we will comply with applicable law.

14. Participation of Children and Teens; Advisory

WE DO NOT ALLOW INDIVIDUALS WHO WE KNOW OR BELIEVE ARE UNDER 13 TO PARTICIPATE IN OUR SITE OR SERVICES. YOU MUST BE AT LEAST 13 YEARS OLD TO USE OUR SITE AND SERVICES. IF YOU ARE BETWEEN 13 AND THE APPLICABLE AGE OF MAJORITY, PLEASE REVIEW THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN. If you believe that we might have received Personal Information from an individual under 13 years old, please contact us as directed in Section 21 (Contact Us) below.

15. Feedback, Concerns, and Complaints

We want to hear from you. If you have feedback, suggestions on how we can improve our Services, or complaints you would like us to address, please contact us as directed in Section 21 (Contact Us) below. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. Other states may provide similar avenues for lodging complaints. Please check with your state's consumer protection authority.

16. Notification of Changes

Bailey's may update its Privacy Policy from time to time. We will post a notice of the new Privacy Policy on our Website. Your subsequent use of our Site following any such change constitutes your agreement to follow and be bound by the Privacy Policy, as updated.

17. Our Affiliates

We may choose to rely on, and share information with our Affiliates for certain purposes under this Privacy Policy. You agree that Bailey's Affiliates will be entitled to enjoy our rights under this Privacy Policy and, in exchange, our Affiliates adhere to this Privacy Policy.

18. Relationship to Terms of Use

This Privacy Policy must be read together with our Terms of Use, and the Terms of Use are incorporated therein. If Terms of Use conflict with this Privacy Policy, then this Privacy Policy shall control. If the terms of any other contract between you and Bailey's conflict with the terms of this Privacy Policy, this Privacy Policy will control with respect to your Personal Information.

19. Third Party Sites; International Considerations

Our Site may link to (or be linked from) another website, mobile application, social media platform, or other online services. We have no control over such third parties and are not responsible for the content, availability, or security of such linked third-party websites, so please read their privacy policies carefully. Third parties may use your information for their own purposes, including behavioral or advertising purposes. The inclusion of a link on our Site to a third party does not necessarily imply endorsement of the third-party website or its products or services and is provided for your convenience only. If you decide to access any of the third-party websites linked to our Site, you do so subject to the terms and conditions of use for such third-party websites. Any Personal Information that you provide through a third-party website, mobile application, social media platform, or other online services will be subject to the privacy policy of its operator and not this Privacy Policy.

Our Website and Services are primarily intended for use within the United States. While our primary data centers are in the United States, we may transfer information outside of the United States. In addition, we may employ other companies and individuals to perform functions on our behalf. If we disclose personal information to a third party or to our employees outside of the United States, we will seek assurances that any information we may provide to them is safeguarded adequately and in accordance with this Privacy Policy. By providing your Personal Information, you consent to any transfer and processing in accordance with this Privacy Policy and understand that we operate under applicable laws within the United States.

20. Contact Us

If you have any questions about this Privacy Policy, the practices of this Site, or your dealings with this Site, please contact us using the methods provided on https://www.baileysfurniture.com/contact page.

21. Do No Track Notice

Our Website does not change its behavior when receiving "Do Not Track" signals from browser software and handles all Personal Information consistent with this Privacy Policy.

22. Effective Date

The effective date of this Privacy Policy is December 7, 2021.