EMPIRE TODAY, LLC PRIVACY POLICY

Effective Date: March 24, 2025

Introduction and Overview

Welcome to Empire Today, LLC’s (“Empire,” “us,” “we,” or “our”) website. This Privacy Policy applies to your use of our website (www.empiretoday.com), blogs, social media pages, and any other information we collect online and offline (together, the “Service”).

Please read our Privacy Policy and Terms of Use carefully before using the Service. By using the Service or otherwise providing Personal Information to us, you agree to the Service’s Terms of Use and consent to Empire’s data collection, use, and disclosure practices, as described in this Privacy Policy. If you do not agree, please discontinue use of the Service.

CONTENTS

PERSONAL INFORMATION WE COLLECT AND WHY WE COLLECT IT

“Personal Information” is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to you. Personal Information includes “Sensitive Personal Information,” “Sensitive Data,” and “Personal Data” as defined under applicable privacy laws. Personal Information does not include information that is publicly available, de-identified, or aggregated.

The chart below summarizes the types of Personal Information we collect and why we collect it. Empire may use your Personal Information for any purposes not inconsistent with Empire’s statements under this Privacy Policy, or otherwise made by us in writing at the point of collection, and not prohibited by applicable law, including the purposes listed below.

CATEGORY OF PERSONAL INFORMATION

PURPOSE(S) FOR COLLECTION

Identifiers and Personal Records, name, title, alias, postal address, phone number, email address, online identifier or username and password for our services, security question/answer combinations, IP address, mobile device identifiers, signature, social media usernames, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or other financial information

Please note that additional or different terms may apply when you finance through other parties for purchases with us.

To allow you to participate in the features we offer

To process your orders and any returns/refunds

To consider applications for financing with us

To maintain your accounts with us

To recognize you when you use our Service

To show you relevant ads while you browse the internet or use social media

To allow you to participate in promotions, including sweepstakes, contests, coupons and rewards programs

To auditing, for research and analysis to maintain and improve the Service, and for any other internal business purposes

To detect and prevent fraud against you and/or us

Commercial Information, including products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies, property address records, communication channel preferences, coupon and loyalty program usage, information from surveys, promotions and product reviews

To allow you to participate in the features we offer through the Service

To process your orders and any returns/refunds

To consider applications for financing with us

To provide you with appropriate products, services, and recommendations

To help you find relevant products more quickly

To tailor our communications to you

To provide customer service and support

To allow you to participate in promotions, including sweepstakes, contests, coupons and rewards programs

To improve the Service, and our products, services, marketing and advertising

To auditing, for research and analysis to maintain and improve the Service, and for any other internal business purposes

To detect and prevent fraud against you and/or us

Demographic Information, including age, birth date, gender, marital status, and household information

To allow you to participate in the features we offer through the Service

To process your orders and any returns/refunds

To send you relevant marketing materials and advertisements

To tailor our communications to you

To improve the Service, and our products, services, marketing and advertising

To auditing, for research and analysis to maintain and improve the Service, and for any other internal business purposes

To detect and prevent fraud against you and/or us

Internet or Other Electronic Network Activity Information, including browser type and language, operating system, internet or mobile network provider, website access time, duration of visit, referring website address, browsing and search history on our websites, webpages viewed immediately before and after our websites, and information related to your interactions with our websites, blogs, social media pages, emails, online chat, text message communications, and advertisements

To allow you to participate in the features we offer through the Service

To facilitate, manage, personalize, and improve your website experience

To provide you with appropriate products, services, and recommendations

To show you relevant ads while you browse the internet or use social media

To improve the Service, and our products, services, marketing and advertising

To allow you to participate in promotions, including sweepstakes, contests, coupons and rewards programs

To auditing, for research and analysis to maintain and improve the Service, and for any other internal business purposes

To detect and prevent fraud against you and/or us

Geolocation Data, including your physical location based on information you provide directly or inferred from your IP address

To allow you to participate in the features we offer on the Service

To process your appointment requests, orders, and any returns/refunds

To consider applications for financing with us

To auditing, for research and analysis to maintain and improve the Service, and for any other internal business purposes

To detect and prevent fraud against you and/or us

Audio, electronic, visual, or similar information, including photos or video you provide, audio data collected when you call our customer service numbers, closed circuit TV or other video recordings (for example, through video conferencing)

To help you select appropriate products for your home

To provide you with customer service

To improve our products and services, and the Service

Professional or Employment Information, including information about your occupation, previous positions, salary, employer

To consider applications for financing with us

Communications with Us, including the contents of your communications with us via phone, email, text message, chat, or other means (such as survey responses, product reviews, and comments on our surveys, blogs, or social media pages)

To communicate with you, including about our products and services, your orders, to provide answers to your questions, and to obtain your feedback

To provide customer service and support

To improve the Service, and our products, services, marketing, and advertising

To allow you to participate in promotions, including sweepstakes, contests, coupons and rewards programs

To auditing, for research and analysis to maintain and improve the Service, and for any other internal business purposes

To detect and prevent fraud against you and/or us

Inferences About You from Any Other Category of Information We Collect, including information reflecting your preferences, characteristics, trends, or attitudes

To provide you with appropriate products, services, and recommendations

To improve the Service, and our products, services, marketing and advertising

To provide you with a better website experience

To auditing, for research and analysis to maintain and improve the Service, and for any other internal business purposes

To detect and prevent fraud against you and/or us

In addition to the categories of Personal Information above, we may collect and maintain information you provide us on a voluntary basis that we do not regularly request. For example, information you volunteer in your communications with us or otherwise submit to us.

We may also use and disclose information for any purpose if it is publicly available, de-identified, or aggregated with other information so that it can no longer identify you.

HOW WE COLLECT PERSONAL INFORMATION

We collect your Personal Information through various means, including when you directly provide it to us and automatically through your use of the Service. We may also collect Personal Information about you from our vendors and from other sources. In some instances, you may be able to choose what information to provide, but sometimes we require certain information from you to use features of the Service.

Information You Provide

We collect Personal Information about you directly when you:

  • Register or maintain an account with us.
  • Schedule an in-home consultation/estimate.
  • Purchase products or services from us.
  • Enter search terms or other information through our Service.
  • Use our online flooring visualizer tool.
  • Subscribe to receive our notifications.
  • Exchange communications with us, including by mail, email, or phone.
  • Post comments to our blogs or other online communities.
  • Obtain customer service or technical support.
  • Participate in promotional activities including coupons, special offers, sweepstakes, loyalty programs, rewards, surveys, and contests.
  • Post reviews or other information about our products, services, or the Service.
  • Connect with us via social media.

Information Collected Automatically

Empire, our vendors, and/or other services may use cookies, log files, web beacons, and other tracking technologies (collectively, "Cookies") to automatically collect certain information about you when you access or use the Service (“Usage Information”), including your IP address, device identifier, browser type, and operating system; information about your use of the Service; data regarding network-connected hardware (e.g., computers or mobile devices); the domain name of the website that allowed you to navigate to the Service, search engines used, the length of time spent on the Service, the pages you looked at on the Service, -the address (or “URL”) of the websites you visited before and after visiting the Service, and the frequency of your visits to the Service; and certain other available information.

In general, we use Cookies as follows:

  • Where necessary to run our website, including to by allow you to log in and add items to your cart.
  • To optimize the functionality of our website, including to personalize content for you, greet you by name and remember your preferences (e.g., your choice of language or region).
  • For analytics purposes, including to help us understand how our website is used, see what products or services most interest you, and determine how best to market our products and services to you. Analytics services in use on our website include Google Analytics and Adobe Analytics. These analytics services use Cookies to collect information about how you use the Service. Personal Information collected by these analytics services (e.g., your IP Address may be transmitted to and stored on servers in the U.S. (or elsewhere).
  • For purposes of ad targeting and marketing., including to show you interest-based advertising when you visit other websites or use social media.
  • To determine if you open or act upon our email messages.
  • To obtain information about your interactions with our online advertisements, including whether you clicked on an ad and the website where you may have seen the ad.
  • To count the number of visitors to the Service, place Cookies, monitor how users navigate the Service, and count content and advertising views.
  • To utilize technologies that monitor, and may record, certain of your interactions with the Service, and/or collect and analyze information from your device, including your operating system, plug-ins, system fonts, and other data, for purposes such as identification, security, fraud prevention, troubleshooting, tracking and/or improving the Service, and customizing or optimizing your experience on the Service.

In certain instances, we may contract with service providers to help us analyze activity on our websites and our chat functionality through session replay technologies to help us understand and analyze how visitors use the Service, and to improve the Service. These technologies may collect the following types of information, among others: IP address; screen size; device type (unique device identifiers); browser information; geographic location; and preferred language.

We may use global positioning systems ("GPS"") software, geo-filtering, and other location-aware technologies to locate you (sometimes precisely), or make assumptions about your location, for purposes such as verifying your location and delivering or restricting/providing content, including ads, based on your location. If you have enabled GPS or use other location-based features on the Service, your device location may be tracked by us and other parties. Content on the Service may be personalized based on various information we may have about you to try to provide you with more location-relevant content.

Information We Collect from Other Sources

Empire may obtain information about you from other sources, including our vendors. We also may obtain your Personal Information from our parent, subsidiary, and sister companies. In some circumstances, we obtain Personal Information about you from business partners, resellers, and data brokers, some of which may sell Personal Information to us. To understand your rights and choices regarding Personal Information collected by other companies, please consult the privacy policies of the businesses that you interact with.

HOW WE DISCLOSE PERSONAL INFORMATION

We may disclose your Personal Information for any purposes not inconsistent with this Privacy Policy, our written statements at the point of collection, or applicable law. In general, we disclose Personal Information as follows:

  • Within our group of companies including with our affiliates, subsidiaries, locations, and brands.
  • With our agents, vendors, consultants, and others in order for them to provide their services to us, including to provide customer service; operate and improve our business and the Service; improve our products, services, and customer service; help run our promotions,including coupons and rewards programs; process payments; assess creditworthiness in relation to our credit card; perform auditing and quality control; communicate with you; and otherwise operate our business.
  • With parties for co-marketing purposes, to improve our products and services, or to provide you with other products and services that may interest you.
  • With our data analytics prodivers, marketing firms and advertising partners for the purposes of ad targeting, remarketing, and customized advertising content.
  • To comply with any legal process; as required by law, regulation or court order; to respond to requests from public and government authorities, including governmental or home improvement contractor licensing bodies, State, County or City permitting authorities, and/or law enforcement requests; as part of annual financial audits to our independent auditors; as part of our obligations under financing regulations; to identify, contact or bring legal action against someone who may be causing injury to or interfering with our or others’ rights or property; to support any actual or threatened claim, defense or declaration in a case or before any jurisdictional and/or administrative authority, arbitration or mediation panel; to enforce our terms and conditions; to protect our operations and our rights, privacy, safety, or property, and/or that of you or others; in connection with disciplinary actions/investigations; and to allow us to pursue available remedies or limit the damages that we may sustain.
  • With our insurers and professional advisers for the purposes of managing risks, obtaining professional advice, and exercising or defending against legal claims.
  • With parties in connection with or during negotiations of any reorganization, acquisition, 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 proceeding).

SOCIAL FEATURES ON THE SERVICE

Certain functionalities on the Service permit interactions that you initiate between the Service and certain other services, such as social networks (“Social Features”). Examples of Social Features include: enabling you to send content such as contacts and photos between the Service and another service; “liking” or “sharing” Empire’s content; logging in to the Service using your social media service account (e.g., using Facebook Connect to sign into the Service); and to otherwise connect the Service to a social media service (e.g., to pull or push information to or from the Service).

If you use Social Features, information you post or provide access to may be publicly displayed on the Service or by the social media service that you use. Similarly, if you post information on a social media service that references the Service (e.g., by using a hashtag associated with Empire or one of our brands in a tweet or status update), your post may be used on or in connection with the Service or otherwise by Empire and/or our affiliates. Both Empire and the social media provider may have access to certain information about you and your use of the Service and any social media service.

YOUR CHOICES ABOUT TRACKING AND COMMUNICATIONS FROM US

Cookies

You may opt out of certain Cookies by managing your preferences through the "Do Not Sell or Share My personal Information" link the in the website footer.

Cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options, so you may need to set them separately. Please review your browser’s Help menu for instructions, or visit www.allaboutcookies.org for more information. Please note that if you disable all Cookies, some features of the Service may not function properly.

Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Like many online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. We do, however, respond to the Global Privacy Control (“GPC”) signal for residents of Covered States wishing to opt out of the “sale” or “sharing” of their Personal Information, as described in our State Privacy Notice below.

You may exercise choices regarding the use of Cookies from Google Analytics by going to https://tools.google.com/dlpage/gaoptout or downloading the Google Analytics Opt-out Browser Add-on. You may exercise choices regarding the use of Cookies from Adobe Analytics by going to https://www.adobe.com/privacy/opt-out.html#customeruse.

You choose not to receive some interest-based advertising by submitting opt-outs. Some of the advertisers and vendors that perform advertising-related services for us may participate in the Digital Advertising Alliance's ("DAA") self-regulatory program for online behavioral advertising and/or the Netowrk Advertising Initiative ("NAI"). To learn more about the DAA and how you can exercise certain choices regarding interest-based advertising, visit optout.aboutads.info/. To learn more about the NAI and your opt-out options for their members, visit optout.networkadvertising.org/. Please be aware that opting out only means that those selected members should no longer deliver certain interest-based advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks).

We also use advertising services provided by Google Ad Services. To learn more about the data Google collects for advertising and to opt out of certain ad targeting by Google, visit tools.google.com/dlpage/gaoptout.

In addition, we may serve ads on other online services that are targeted to reach people on those services who are also identified in one of more of our databases (“Matched List Ads”). This is done by using tracking technologies or by matching common factors between our databases and the databases of the other online services such as Facebook/Instagram/Meta (“Facebook”), TikTok, or X f/k/a Twitter (“Twitter”). We are not responsible for these third-party services, including without limitation the security of the data they hold about you. If we use Facebook to serve Matched List Ads on Facebook services, you should be able to hover over the box in the right corner of such a Facebook ad, or go to your account settings, to find out what options Facebook offers you to control such ads. If we use Twitter Matched List Ads, you should be able to review your ad options in your account settings on Twitter.

Email Communications

You may unsubscribe from our marketing email communications by clicking the “unsubscribe” link found in every commercial email we send. If you opt-out of our marketing email communications, we may still send you email messages related to your account or purchases with us. Unsubscribing from our marketing communications will not affect the level or quality of service we provide to you.

Text/SMS Messages

You have the choice to opt in to receiving text messages and alerts on the mobile phone number(s) you share with us. Once you opt-in, we may send you text messages regarding your account; about our products, services, and promotions (including advertisements, sales, and special offers); to investigate or prevent fraud; and to alert you in the event of an issue with any of your purchases. You do not have to opt-in to text messages and alerts to use and enjoy our Service or products. If you opt-in, standard text messaging charges may apply.

After you subscribe, you may choose to opt-out from our text messages and alerts at any time. To directly opt-out, send us a text message from your mobile phone with the word STOP, and we will unsubscribe you from text communications. If you opt-out, you will not receive any additional text messages via your mobile phone. Please note that your opt-out is limited to the device, e-mail address or phone number used and will not affect subsequent subscriptions. For more information regarding our text messaging and alerts, please contact us at PrivacyPolicy@Empire-Today.com.

Telephone Contact

To choose to no longer receive telephone calls from us with information regarding new products and services or upcoming events, please call us at 1-800-588-2300 and we will place you on our “Do Not Call” list. Although we may ask for your name, address, and telephone number, we will accept your request even if you only provide your telephone number. When we receive your request, the telephone number you provide is added to our “Do Not Call” list in seven-to-fifteen (7-15) business days. Please note that even if you choose to be placed on our “Do Not Call” list, Empire reserves the right to contact you via telephone regarding any scheduled appointments or services provided. If you subsequently subscribe to text alerts or to receive marketing calls, that choice will override the “Do Not Call” list.

SECURITY AND PASSWORDS

We take commercially reasonable measures to protect Personal Information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. Nevertheless, transmission via the Internet and electronic storage are not completely secure, and Empire cannot guarantee the security of your Personal Information. You are responsible for maintaining the secrecy of any credentials used to access your account with us.

AGE RESTRICTIONS

The Service is not directed at persons under than sixteen (16) years of age. We do not knowingly collect information from children under the sixteen (16) years of age through the Service. If we become aware that we have received Personal Information from a person under the sixteen (16) years of age, we will delete it in accordance with applicable law.

NEVADA PRIVACY NOTICE

Nevada law allows residents to opt out of the sale of certain Personal Information, called “covered information.” At Empire, we do not sell covered information as defined under Nevada law and we have no plans to change that practice. If you want to be notified if we do change that practice, you may submit a request to receive updates.

STATE PRIVACY NOTICE

This Section supplements the other parts of our Privacy Policy and provides additional information for residents of states with comprehensive privacy laws (each, a "Covered State"), including the Californina Consumer Privacy Act ("CCPA"). If you are the resident of a Covered State, you may have the right to submit certain requests replating to your Personal Information, as described below.

In the event of a conflict between this State Privacy Notice and any other Empire policy, statement, or notice, this State Privacy notice will prevail as to residents of Covered States.

Sales and Targeted Advertising

We may sell or share for cross-context behavioral advertising or targeted advertising (collectively, “Targeted Advertising”) the following categories of Personal Information with advertisers or analytics vendors for advertising purposes: Identifiers, Internet or Other Electronic Network Activity, and Geolocation Data. When we use the terms sell, sold, or sale, we mean for valuable consideration and not monetary value.

We offer you the ability to opt out of sales of your Personal Information and sharing of your Personal Information for Targeted Advertising as set forth in the “Right to Opt Out of Sales and Sharing of Personal Information” section below.

We do not have actual knowledge that we sell or share the Personal Information of consumers under sixteen (16) years of age.

Privacy Rights

If you are a resident of a Covered State, you may have the right to submit certain requests relating to your Personal Information as described below, depending on your state of residence. To exercise any of these rights, please submit a request through our webform or call us at 866-260-8358. Please note that we may need to authenticate your identity before your request can be processed. For authentication, you will be asked to log into your account or to provide additional pieces of Personal Information that we will match against our records. Residents of certain Covered States may designate an authorized agent to make a request on your behalf. An authorized agent must submit proof to us that they have been authorized by you to act on your behalf, and you may still need to verify your identity directly with us before we can process the request.

Right to Know, Confirm, and Access. You may have the right to confirm whether we are processing your Personal Information, to access your Personal Information, and to obtain information about the categories and specific pieces of Personal Information we process about you. Residents of certain Covered States may also request details about third parties to which we have disclosed Personal Information.

Right to Data Portability You have the right to request a copy of Personal Information we hold about you in a portable format.

Right to Delete. You may have the right to request that we delete your Personal Information.

Right to Correct. You may have the right to request that we correct inaccuracies in your Personal Information, taking into account the nature of the Personal Information and our purposes for processing it.

Right to Opt-Out of Sales and Targeted Advertising. You may have the right to opt-out of the sale of your Personal Information and the sharing of your Personal Information: for Targeted Advertising. To opt-out of Cookie-based Targeted Advertising and sales, please use the “Do Not Sell or Share My Personal Information” link in the footer of the website. If you choose to use the Global Privacy Control (“GPC”) browser signal, you will only be opted out of Cookie-based sales or sharing of Personal Information, and will need to turn it on for each browser you use. To submit a request to opt out of non-Cookie-based sales and Targeted Advertising, please use our webform.

Right to Opt Out of Profiling. You may have the right to opt out of profiling in furtherance of decisions that produce legal or similarly significant effects concerning your economic situation, health, personal preferences, interests, reliability, behavior, location, or movements. However, we do not profile individuals in furtherance of decisions that produce legal or similarly significant effects under applicable state privacy laws.

Right to Appeal. Sometimes we are unable to process requests relating to your Personal Information, in which case, your request will be denied. If you are a resident of a Covered State whose privacy rights request has previously been denied by us and you believe we denied it in error, you may appeal for reconsideration of your request through our webform.

Please note that if you make a privacy rights request, we will retain the Personal Information submitted in connection with your request for recordkeeping purposes.

California Disclosures

This California Disclosures section applies to California residents pursuant to applicable California laws, including the CCPA.

If you are a job applicant, please see our Notice of Collection of Personal Information for California Job Applicants.

Unless otherwise noted, the disclosures in this Privacy Policy cover our activities in the twelve (12) months preceding the Effective Date, as well as our current practices.

Processing Sensitive Personal Information

We do not use or disclose sensitive Personal Information for purposes to which the right to limit use and disclosure applies under the CCPA.

How Long We Keep Your Personal Information

We generally retain the categories of Personal Information described above for as long as one of the following apply:

  • Retention is reasonably necessary to manage our operations, to manage your relationship with us, or to satisfy another purpose for which we collected the Personal Information;

  • Retention is reasonably necessary to carry out a disclosed purpose that is reasonably compatible with the context in which the Personal Information was collected;

  • Retention is reasonably required to protect or defend our rights or property (which will generally relate to applicable laws that limit actions in a particular case); or

  • We are otherwise required or permitted to keep your Personal Information by applicable laws or regulations.

Where Personal Information is used for more than one purpose, it will be retained at least as long as the latest period provides. If collected, we may maintain Personal Information indefinitely according to legal or regulatory requirements, including applicable legal holds, or for data backup or recovery purposes.

Notice of Financial Incentive

From time to time, we may offer various promotions that provide benefits such as coupons, opportunities to participate in contests, and other benefits (together, “Promotions”). Participation in our Promotions may require you to provide some Personal Information to facilitate operation of the Promotion and to provide you with benefits associated with the Promotion. Unless otherwise provided, we treat the value of Personal Information collected through our Promotions as equivalent to the expenses associated with collecting and storing that Personal Information. We pay the expenses associated with our Promotions and provide the Promotion benefits to foster a positive relationship with our customers and drive sales. Any value of the Personal Information collected is incidental to these purposes. By choosing to participate in one of our Promotions, you consent to any financial incentive associated with the collection of information needed to administer the program. You may withdraw from our Promotions at any time.

Unless you specifically request, submission of a request to delete will not affect Personal Information required for you to continue to participate in any of our Promotions in which you are currently enrolled. Should you wish to delete your Personal Information associated with our Promotions (and thereby cancel your participation), please contact us as provided below.

California "Shine the Light"

Separate from your CCPA rights, you may obtain a list of the recipients to which we have disclosed Personal Information, as defined under California Civil Code Section 1798.83(e) (a/k/a the “Shine the Light Law”), during the preceding calendar year for direct marketing purposes, as applicable. To submit a request, please email us at CCPA@empiretodayllc.com send a letter to us at (866) 260-8358. Requests must include “California Privacy Rights Request” in the first line of the description, and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through the provided email address or mail address. Because these rights and your CCPA rights are not the same and exist under different laws, you must exercise your rights under each law separately.

INTERNATIONAL VISITORS

The Service is operated in the United States and directed solely to residents of the United States. If you access the Service from outside of the U.S., please be aware that Personal Information collected through the Service may be transferred to, processed, stored, and used in the U.S. Data protection laws in the U.S. may be different from those of your country of residence. Your use of the Service or provision of any Personal Information to us constitutes your consent to the transfer to and from, processing, usage, disclosing, and storage of your information in the U.S.

Changes to This Policy

By using the Service, you consent to the terms of this Privacy Policy and our Terms of Use posted at the time of us. We may change our Privacy Policy from time to time, as indicated by the Effective Date at the beginning of the Privacy Policy. If we make material changes to this Privacy Policy, we will notify you through the appropriate channels, such as an email or website banner.

How To Contact Us

If you have any questions about this Privacy Policy, you may contact us at PrivacyPolicy@Empire-Today.com with Attention: Privacy Policy in the subject line.