This Privacy Policy applies to all TheHomeMag (“THM”) Products and Services and supplements the current TMH Privacy Policy as published at https://www.thehomemag.com/privacy (the “Website”) (all TheHomeMag Products and Services and the Website are collectively identified as “All THM Products”).

By accessing or otherwise using this Website, you agree to be bound contractually by this Privacy Policy.

1. Modification of Privacy Policy. We reserve the right to modify this Privacy Policy at any time, and without prior notice, by posting an amended Privacy Policy that is always accessible by clicking on the “Privacy Policy” link on THM’s website. Your continued use of All THM Products indicates your acceptance of the amended Privacy Policy. You should periodically check the Privacy Policy through the link above for modifications. This Privacy Policy was last updated on October 4, 2023.

2. Privacy Statement. THM Management, LLC, a Florida corporation (the “Company”), operates All THM Products. All references to “we,” “us,” “this Website,” “this Website,” or “All THM Products” shall be construed to mean the Company. The Company understands that visitors to this Website and users of All THM Products are concerned about the privacy of information. The following describes our Privacy Policy, including our policy regarding personally identifiable information we collect through All THM Products about persons or entities who use or visit this Website or use All THM Products. It also identifies the categories of third-party persons or entities with which we share the collected personally identifiable information.

3. Collection of Personal Information.  As part of the buying and selling process, we may collect specific categories of Personal Information (“PI”). Your use of All THM Products constitutes your consent to allow us to use your PI under this Privacy Policy. You may withdraw your consent at any time by providing us no less than ten (10) days prior written notice at info@thehomemag.com. We may collect (i) your contact information, such as your name, company name, position within the company, physical address, email address, and phone number; (ii) your credit card information if you purchase our products; or (iii) any other information you voluntarily provide to us when you choose to use some of this Website’s tools and services or All THM Products; provided, however, we do not collect information regarding race, ethnicity, political affiliation, religion, health, genetics, trade union memberships, or sexual orientation. The collection of the PI is necessary to ensure prompt and efficient customer service and support and to tailor our products better to meet our customers’ needs. We reserve the right to store or archive your PI indefinitely, even after the deletion or inactivation of your account. While we will make every effort to comply with your request to remove all your PI that we may have, you understand that it may be impossible for us to do so for reasons beyond our control.

4. Ownership of PI.  All PI is your sole property, and THM has no ownership rights to any of PI, except that you grant to us a non-exclusive, worldwide, royalty-free, and perpetual right and license, with the right to sublicense, to use the PI for purposes of providing our services and further for the purposes outlined in this Privacy Policy.

5. Sharing of PI: General Policy. We do not rent, sell, or share PI with you or nonaffiliated companies except as this Privacy Policy outlines. We also do not make automated decisions with your PI nor transfer your PI internationally. We may use your PI to (i) provide our products and process transactions; (ii) send you information relating to our products or services and news and updates about our Company; (iii) contact you, if necessary; (iv) customize your experience on this Website, our emails, or other communications; (v) customize your experience for All THM Products; vi) improve All THM Products and our customer service; and (vii) run anonymous statistical analysis and research on our customers’ use of All THM Products.

6. Sharing of PI: Affiliates.  Unless prohibited by law or you are opting out of doing so, we may use and share PI with any company that may be legally affiliated with us (such as, for example, any parent, subsidiary, or brother or sister entity) for purposes of providing service and account maintenance, to help us design and improve products and services, and to offer products and services that may be of interest to you. Without specifically notifying THM about your choice to exclude sharing your PI, your consent to sharing PI will be assumed. If you supply us with your email address, you may receive periodic messages from us with information specific to the Website or any other THM product or service required for the normal functioning of the Website, as well as for new products or services or upcoming events. If you prefer not to receive periodic email messages, contact us at info@thehomemag.com to update your email preferences.

7. Sharing of PI: Third-Party Service Providers. When you submit your PI on All THM Products, we reserve the right to share it with a reputable third party that provides outsourced services for us (“Third Party Service Providers”).  These Third-Party Service Providers may include, for example, companies that (i) host, manage, and service our web servers, software, and systems; (ii) provide business, data processing, or marketing services; and (iii) provide payment processing, fulfillment, and shipping services. Further, we contractually bind all such Third Party Service Providers to keep your PI confidential, and all information provided to or accessible by Third Party Service Providers is required to be used by them only for purposes of the service they are providing for All THM Products. You may opt-out from the data that SmartPiXL is collecting on your visit through a universal consumer options page located at: https://smartpixl.com/Unsub/unsub.html. Without specifically notifying THM about your choice to exclude sharing your PI, your consent to sharing PI will be assumed.

8. Sharing of PI: Purchase or Sale of Businesses.  We continually look for ways to improve our business. One way to improve our business might be to buy or sell a company. If we buy or sell a business, databases containing PI will likely be transferred as part of the sale. In that event, we will use reasonable efforts to notify you before information about you is transferred to another party. If we buy a business, we will honor that business's former customers' requests regarding their personally identifiable information. If there are material changes to how personally identifiable information is used in connection with a sale, affected consumers will be notified via email and be allowed to opt-out.

9. Sharing of PI: Legal Process.  We reserve the right to share PI with third parties in response to a subpoena, to prevent fraud, to comply with an inquiry by a government agency or other regulator, or as necessary for other legal purposes. We may also disclose PI to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to enforce our Terms of Use or other agreements with users of our service; respond to claims that any posting or other content violates the rights of third-parties; or protect the rights, property, or personal safety of the Company, its users or the general public.

10. Cookies.  Like many websites, this website uses “cookies” (information stored on your computer by your browser at our request). Cookies enable the Website to “remember” who you are so that you can get around it easier and more efficiently. Cookies may allow you to access secure information, conduct secured transactions, and take advantage of promotional opportunities. Cookies in and of themselves do not personally identify users, although they do identify a user’s computer. Most browsers are initially set up to accept cookies. Our website utilizes cookies to enable website security (localConsent, next-auth.crsf-token, next-auth.callback-url) and Google Analytics Cookies. You may choose to turn off cookies at your option and sole expense. By disabling cookies, you may not have access to the entire set of features on this Website. We reserve the right to use cookies to collect demographic and profile data to improve this Website's content. We do not record personal or sensitive information in our cookies. Advertisers that may display ads on our website may also use cookies; however, we do not have access to the information obtained from cookies issued from other sites.

11. Traffic Data.  Concerning All THM Products, we reserve the right to collect and store indefinitely three (3) types of “traffic data”: IP Addresses, Referrers, and System Information. IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number used by computers on the network to identify your computer. A Referrer is the information passed along by a web browser that references the Web URL you linked from. System Information includes the time of access, the type of web browser being used, the operating system/platform, and the CPU speed of your computer. We reserve the right to use this “traffic data” to identify broad demographic trends and improve the content of All THM Products. We will not use “traffic data” to attempt to identify your personal information; you will not be personally identified with “traffic data.”

12. Web Beacons.  In certain circumstances, we may use “web beacons” to collect anonymous, non-personal information about your use of our website and your use of emails, special promotions, or newsletters we send to you. “Web beacons” are graphic image files embedded in a web page or email that provide a presence on the web page or email and send us information about your browser. The data collected through web beacons allows us to monitor the traffic on our website and information regarding who opens emails from us and for what purpose.

13. USA Patriot Act Notice.  The federal USA Patriot Act (“USA Patriot Act”) provides generally for the operator of a communication host and law enforcement to be able to monitor any content upon request of the operator. We anticipate fully complying with all our obligations and availing ourselves of all our rights under the USA Patriot Act.

14. Other Web Sites, Links, Advertisers.  This Website may contain links to other websites. We reserve this right to have advertisers or other third parties on this Website who may also have links on this Website and may link to this Website. This privacy statement does not cover the privacy practices of advertisers or websites linked to this Website, and we are not responsible for the privacy practices, data collection, storage, use practice, or the content of such websites. This Privacy Policy does not cover those websites. It would be best if you were careful to review any privacy policies posted on any of these other websites before signing up with and using them.

15. Security.  All THM Products collect information in secure operating environments that are not publicly available and only accessible by certain authorized personnel within the Company. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with AES-256 encryption. Although no method of transmission over the Internet or electronic storage is one hundred percent (100%) secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards. While we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or store on this Website, and you do so at your own risk. You must promptly notify us if your PI is lost, stolen, or compromised. We are not responsible for any such event but will reasonably attempt to remove the compromised data from your account and update our records accordingly.

16. User’s Choice.  You may choose not to provide any PI to us. If you do that, you will not be able to use those portions of All THM Products that require your PI.

17. Information Provided on Behalf of Children.  Under the Children’s Online Privacy Protection Act, children under 13 are prohibited from using this Website. We do not collect any information from children under the age of 13. If you are a parent or guardian of a minor child, you may use this Website in compliance with the Terms and Conditions and this Privacy Policy on their behalf. Any information you provide about a minor child will be considered PI.

18. Contact Us/Data Protection Officer.  If you have any questions regarding this Privacy Policy, have a specific request regarding your PI, how we use your PI, questions about your data in general, or your dealings with this Website, please get in touch with us at info@thehomemag.com.

19. Subject Access Request.  You may check your PI to verify, update, or correct it and to have any obsolete information removed. You can ask to review any of the information we have retained, how we have used it, and to whom we have disclosed it at any time by contacting us at info@thehomemag.com. Subject to certain exceptions prescribed by law, and provided we can authenticate your identity, you will be given reasonable access to your PI. You will be entitled to challenge the accuracy and completeness of the information and to have it amended as appropriate. You may also ask us to change your preferences regarding how we use or disclose your PI or let us know that you do not wish to receive further communication from us.

20. Artificial Intelligence Use and Consent. We may aggregate or de-identify AI-generated information so that it may no longer be used to identify you and use such information to improve and add features to THM, analyze the general behavior and characteristics of users of THM, and share this information with third parties. Further, THM reserves the right to utilize any aggregated or de-identified AI-generated information for marketing and promotion purposes, without the requirement to compensate you in any form. We will maintain and use de-identified information in anonymous or de-identified form and will not attempt to reidentify the information unless required by law.

Your GDPR Rights

If you are a resident of the European Economic Area (EEA), Switzerland, or the United Kingdom (UK), THM processes your PI under European laws and regulations, such as the General Data Protection Regulation (GDPR) and UK General Data Protection Regulation (UK GDPR). If you have any questions about this section or whether any of the following applies to you, please get in touch with us at info@thehomemag.com.

21. Controller’s Details. For the GDPR and UK GDPR, [NAME OF THM CORPORATE ENTITY]. [THM CORPORATE ENTITY]’s registered address is [ADDRESS].

22. Legal Bases for Processing. If you are in the EEA, Switzerland, or the UK, we need a lawful basis to collect, use, and disclose your personal data as a controller. Our legal basis will depend on the information and the context in which it is processed. Generally, THM will collect and use your PI as follows:

a. Contractual Necessity – We need it to provide All THM Products to you and fulfill our obligations to you under our Terms of Use or other contractual agreements. These areas include, but are not limited to, creating and maintaining your account; resolving issues you may experience with All THM Products; obtaining payment for All THM Products; and providing you with access to products and services obtained through THM.

b. Legitimate Interests – Our legitimate interests must utilize your PI for reasons including, but not limited to, providing a valuable and customized experience; sending you relevant marketing messages; displaying advertising and tracking its effectiveness; using the information we collect about you (such as spending, platform usage, occupation, and employer) so that we can make more informed predictions, decisions, and offers for our users; enhancing our website and All THM Products via research and development; data analytics; data labeling; machine learning; and predictive analysis related to your usage data.

THM does not rely on this lawful basis where your rights and interests override our legitimate interests.

 c. Consent – You consent to us and our third-party partners using your information in specific ways, including, but not limited to, hearing about new features or offers and for machine learning and predictive analysis related to your user experience.

d. Legal Obligations – It is necessary for compliance with legal obligations, including, but not limited to, disclosure of information in response to law enforcement requests and to retain your information for our recording-keeping purposes.

If you consented to our use of your information, you can withdraw that consent at any time by removing your consent by emailing info@thehomemag.com.

23. Data Protection Rights. THM wants to ensure you are fully aware of all your data protection rights. Every user is entitled to the following:

a. The Right to Access – You can request THM for copies of your data. We may charge you a small fee for this service.

b. The Right to Rectification – You have the right to request that THM correct any information you believe is inaccurate.

c. The Right to Erasure – You can request that THM erase your data under certain conditions.

d. The Right to Restrict Processing – You have the right to request that THM restrict the processing of your data under certain conditions.

e. The Right to Object to Processing – You have the right to object to THM’s processing of your data under certain conditions.

f. The Right to Data Portability – You have the right to request that THM transfer the data we have collected to another organization or directly to you under certain conditions.

g. The Right to Claim Compensation – You can claim compensation for damages caused by our breach of any data protection law.

If you make a request, THM must respond within thirty (30) days. If you want to exercise any of these rights, contact us at info@thehomemag.com.

24. How to Contact the Appropriate Authority (For European Users). Should you wish to report a complaint or if you feel that THM has not addressed your concern sufficiently, you may contact the Information Commissioner’s Office of each respective European country at https://edpb.europa.eu/about-edpb/about-edpb/members_en or the United Kingdom Information Commissioner’s Office at https://ico.org.uk/.

US State-Specific Privacy Rights

In certain U.S. states, THM users have additional rights under applicable state privacy laws, including the California Consumer Privacy Act as amended by the California Privacy Rights Act, the Virginia Consumer Data Protection Act, the Colorado Privacy Act, and the Connecticut Data Privacy Act. Please see the “Exercising Your Rights” section below for instructions on how to exercise these rights. If there are any conflicts between this section and other provisions of this Privacy Policy and you are a resident of any state that has enacted data privacy laws, the portion that is more protective of PI shall control the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please get in touch with us at info@thehomemag.com.

25. Right of Access. You have the right to request certain information about our collection and use of your PI over the past twelve (12) months. We will provide you with the following information:

a. The categories of PI that we have collected about you.

 b. The categories of sources from which that PI was collected.

 c. The business or commercial purpose for collecting your PI.

 d. The categories of third parties with whom we have shared your PI.

 e. The specific pieces of PI that we have collected about you.

If we have disclosed your PI for a business purpose over the past twelve (12) months, we will identify the PI categories shared with each third-party recipient category.

26. Right of Deletion. You have the right to request that we delete the PI we collected from you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your PI to provide you with the services or complete a transaction or other action you have requested. If your deletion is subject to one of these exceptions, we may deny your deletion request.

27. Right of Correct. You have the right to request correction of inaccurate personal information.

28. Right to Opt-Out of Selling Your PI. If THM decides to sell your PI, you have the right to opt out of THM doing so.

29. Right to Opt-Out of Sharing Your PI. Although THM currently does not sell your personal information, THM may share, in a few instances, your personal information with third parties. Specific U.S. state-specific data privacy laws broadly define “sharing” to disclose personal information for cross-context behavioral advertising, such as targeting advertising based on PI obtained from a user’s activity across distinctly branded websites or services. You can request to opt out of sharing your PI as defined above by using our cookies preference banner.

30. Non-Discrimination for Exercising State-Specific Data Privacy Rights. THM will not discriminate against you for exercising your rights under U.S. state-specific data privacy laws. We will not deny you our goods or services, charge you different prices or rates, or provide you with a lower quality of goods and services if you exercise your rights under any respective law.

31. Exercising Your Rights. To exercise the rights described above, you can contact THM as outlined above in Section 18.

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