Privacy Policy

TheRightFloor LLC Privacy Policy

Last updated: May 7, 2024

Welcome to TheRightFloor LLC website, located at https://the rightfloor.com (the “Website”) and mobile application FloorWiz, available on iOS and Android systems (the “App”), provided by TheRightFloor LLC, a California LLC (“TheRightFloor,” “we,” or “us”).

In this TheRightFloor Privacy Policy (this “Privacy Policy”), we describe our policies on the collection, use, and disclosure of information about you in connection with your use of our services, including those offered through the Website, the App, and any communications with us (e.g., emails, phone calls, and texts) and other related services  (collectively, the “Services”). We may supplement this Privacy Policy with other notices and reserve the right to update this Privacy Policy at any time. We will do our best to notify you, whether via email, push notification, or prominent alert on the Services, when we update this Privacy Policy.

By using the Services, you consent to our collection, use, and disclosure of information about you as described in this Privacy Policy. If there are any terms in this Privacy Policy that you do not agree with, please discontinue use of the Services immediately.

Capitalized terms used herein and not defined shall have the meanings set forth in our Terms of Use.

• INFORMATION THAT WE COLLECT

The type of information we collect depends on how you interact with us, the Services that you use, and the actions you take in connection with those Services. We may collect: (a) information you provide to us directly, (b) information that is automatically collected, (c) information derived from third party data sources, and (d) information we infer or generate from other data.

• Information you provide to us directly. You may provide your information to us directly by filling out forms on the Services, generating content on the App, beginning an order through the Website, or by corresponding with us through any means (including, but not limited to, email, text, phone, live chat, posts through the Services).
  • Use of Services. By using the Services, we may collect your demographic data, such as your location information, which is obtained if you enable such functionality to locate you through your mobile device, or through your approximate location or IP address from your browser using cookies or other web technologies.
  • Promotional Materials. If you participate in certain promotions or sweepstakes on the Services, regardless of whether you have an account with us or not, we may collect additional information about you, such as your full name, email address, mailing address, and phone number.

• Information that is automatically collected. We may automatically collect information about you when you use the Services. In addition to the transactional and location information described above, the information we may automatically collect includes log data and device information including browser type, domain name, the website that led you to the Services, the website to which you go after leaving the Website, the dates and times you access the Services, your device ID, and your browsing activities within the Services (e.g., links you click, searches you run, the date and time of your visit or order, the amount of time you spend on specific pages
• Cookies. We may collect certain information with the help of cookies and other web technologies, which is described in greater detail in Section 3 herein.
• Information derived from third party data sources. We may collect information from third party data sources.
  • Information derived from other third parties. Some of our third-party service providers will collect information from you directly and share some of that information with us. Other third-party service providers will collect information about you via cookies or other web technologies and share that information with us. For more information about the types of data third parties collect via cookies and other web technologies, see Section 3 below.
• Information we infer or generate from other data. We infer new information from other data we collect, including using automated means to generate information about your likely preferences or other characteristics.
• Photos and Videos. We do not store, nor collect any data from the images and videos taken by the users within the FloorWiz App. Videos and image files are stored on the user devices and FloorWiz App relies on the phone messaging and email apps to send the images and videos to message recipients.

• HOW WE USE YOUR INFORMATION

TheRightFloor may use the information it collects from you, as described in Section 1 above, for the following purposes:

• To process your request for the Services or information;
• To provide you with customer support;
• To provide you with personalized offers and recommended products;
• To promote the Services;
• To conduct research for improving and enhancing the Services and offering new products;
• To improve, enhance, and upgrade the Services from time to time;
• To repair any bugs that may be discovered from time to time;
• To revise the back end of the Services as necessary, and to back up our systems for disaster recovery;
• To secure the systems which operate the Services, and investigate and resolve against any potential fraudulent or illegal threats or attacks against the Services;
• To carry out any specific purposes for which we have obtained your consent;
• To comply with applicable laws and regulations;
• To protect the legal rights of TheRightFloor, our users, and third party service providers, such as to enforce our Terms of Use, this Privacy Policy, and any other policies that affect your access to the Services; and
• To engage in other legitimate business activities as permitted by law.

• COOKIES AND OTHER TECHNOLOGIES

We may use cookies, web beacons, tags, scripts, local shared objects such as HTML5, advertising identifiers (including mobile identifiers such as Apple’s IDFA or Google’s Advertising ID) and similar technology in connection with your use of the Services. In addition, we may allow third parties to incorporate their third-party software development kits, cookies or other technologies into the Services to perform services on our behalf, such as analytics or advertising services.

• Website technologies.
  • Cookies. Cookies are small pieces of information that a website sends to your computer’s hard drive while you are viewing a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which usually stay on your computer until you delete them) to provide you with a more personal and interactive experience on the Website. The text in a cookie often consists of a string of numbers and letters that uniquely identifies your device, but it can contain other information as well. We use cookies on the Website to store your preferences and settings, enable you to sign-in, provide interest-based advertising, combat fraud, analyze how the website performs, and fulfill other legitimate purposes.
  • Web beacons. Our webpages may also contain electronic images known as web beacons (also called single-pixel gifs) that we use to help deliver cookies on the Website, count users who have visited those webpages, and gather usage and performance data. We also include web beacons in our promotional email messages or newsletters to determine whether you open and act on them.
• Mobile technologies. Mobile analytics and advertising identifiers are generated by operating systems for mobile devices and can be accessed and used by apps in much the same way that websites access and use cookies. The App contains software that enables our third-party analytics and advertising partners to access the mobile identifiers.

We, together with our third-party analytics service providers and advertising partners, use these technologies in the respective Services to collect personal information (such as the cookies stored on your browser, the advertising identifier on your mobile device, or the IP address of your device) when you visit the respective Services. We and our partners may also use these technologies to collect personal information about your online activities over time and across different Services. This information is used to store your preferences and settings, enable you to sign in, analyze how the Services perform, track your interaction with the Services, develop inferences, deliver and tailor interest-based advertising, combat fraud, and fulfill other legitimate purposes. We and/or our partners also share the information we collect or infer with third parties for these purposes, as described in Section 4 below.

• HOW WE SHARE YOUR INFORMATION

As a general matter, TheRightFloor does not share your personal information, except in the following limited circumstances expressed herein:

• We may share your personal information with your consent, at your direction, or as otherwise necessary to complete your transactions through the Website or provide the Services you have requested or authorized. By participating in a marketing campaign of ours, such as a referral campaign, you direct us to share your information as contemplated in that campaign.
• We may share your personal information with others who perform services on our behalf. Such third party service providers include communications and hosting service providers, network security providers, technical and customer support providers, marketing and promotions providers, product listing providers, and brand management providers. 
• We may disclose your information if we believe we are required to do so by law, or to comply with a court order, judicial or other government subpoena, or warrant.
• We also may disclose your information if we believe doing so is appropriate or necessary to prevent any liability, or fraudulent, abusive, or unlawful uses or to protect us and the Services; or any rights, property, or personal safety of TheRightFloor or others, including as we believe is necessary to enforce our agreements, terms, and policies.
• In the event that we are or may be acquired by or merged with another company or involved in any other business deal (or negotiation of a business deal), including a financing, transfer, or divestiture, involving sale or transfer of all or part of our business or assets, we may transfer or assign your information as part of or in connection with the transaction. Finally, in the event of insolvency, dissolution, bankruptcy, or receivership, information may be transferred as a business asset.
• We may receive and share information and your use of the Services if you log into the Services through a third party social media provider. You should review the privacy policies of these third parties for more information.
• We may share user information in the aggregate with third parties, including the general public, in our marketing materials and in our non-public discussions with third parties such as advertisers, brand managers, content distributors, and Sellers that sell or may be interested in selling through the Website. For example, we may share the number of users that have viewed or clicked on advertisements of certain products through the Services, as well as the general characteristics of such users.

• MANAGING THE INFORMATION COLLECTED BY US

• You have the right to access, review, correct, or update the information you provide to us as part of your registration for an account with the Services. You may exercise this right and manage your own information by updating your account directly through the Services or by submitting a written request to us pursuant to the contact information provided in Section 11 herein. You are responsible for the information you provide to us, and you should maintain the accuracy of the personal information in your account so that we can best provide products and services to you.
• You may also be able to disallow our use of certain location data through your device or browser settings, for example, by disabling “Location Services” for the TheRightFloor application in iOS privacy settings of your Apple mobile device.
• You have the right to cancel or modify the email marketing communications you receive from us. You can exercise this right by following the instructions contained within our promotional emails or, in some cases, by logging into your account with TheRightFloor and changing your communication preferences. While you can manage some of your email preferences, please note that you cannot opt out of receiving certain administrative, legal, or, in connection with the Website only, transactional messages from us, which we may send in the course of legitimate business if you are signed up for an account with us and/or use certain features of the Services. However, such announcements can be terminated by asking us to close your account via written request pursuant to the contact information provided in Section 11 herein.

• DELETING YOUR INFORMATION

• You can delete certain personal information that you provided to us as part of your registration to create an account with us, or that you submitted through the Services. Please be mindful that we need this personal information to provide account management and access, and if you opt to delete certain information, you may not be able to take advantage of some features of the Services. If you choose to delete information, you may do so by sending us a written request pursuant to the contact information provided in Section 11 of this Privacy Policy. We will not discriminate against you if you submit such a request.
• We may retain information in some circumstances for legitimate business or legal purposes, or for any purposes authorized by this Privacy Policy unless prohibited by law. For example, we may retain information to prevent, investigate, or identify possible wrongdoing in connection with the Services or to comply with legal obligations. We may also maintain residual copies of your personal information in a limited internal capacity for internal administration, such as in backup files maintained for data integrity and for disaster recovery. We aim to store your information no longer than necessary, and will take steps to delete your information where reasonably possible.

• To the extent that third parties have submitted information about you to us through the Website, and you desire to exercise your rights to access, revise, or delete such data, please inquire with the relevant third-party business and submit a written data request to us pursuant to the contact information provided in Section 11 of this Privacy Policy.

• CALIFORNIA RESIDENTS: YOUR CALIFORNIA PRIVACY RIGHTS

This section (this “CA Privacy Notice Section”) applies solely to visitors, users, and others who reside in the State of California (“California Consumers” or “you”), and who use the Services. In the event of a conflict between this CA Privacy Notice Section and this Privacy Policy, this CA Privacy Notice Section will prevail only to the extent of resolving such conflict.

• Your rights as a California Consumer. As a California Consumer, you have rights regarding your personal information.
  • You have the right to request the following information from TheRightFloor:

• • • • the specific pieces of personal information we have collected about you;
      • the categories of personal information we have collected about you;
      • the categories of sources from which your personal information is collected;
      • the categories of personal information we sold or disclosed for a business purpose;
      • the categories of third parties to whom your personal information was sold or disclosed for a business purpose; and
      • the business or commercial purpose for collecting or selling your personal information.
  • You may also request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions.
  • You may request any of the information described in this subsection (a)(i) of this CA Privacy Notice Section, or deletion of such information, pursuant to subsection (b) of this CA Privacy Notice Section. 
  • Note that we provide information about what we may have collected about you in the past twelve (12) months in subsection (c) of this CA Privacy Notice Section herein. 

• How to exercise your rights under California law. You may exercise your rights under California law by sending us a written request pursuant to the contact information provided in Section 11 of this Privacy Policy. You may designate an authorized agent to make a request on your behalf by providing proof of a valid power of attorney, your valid government-issued identification, and the authorized agent’s valid government-issued identification. Upon receiving your request, we will send you a follow-up email asking you to provide and certify information necessary to verify your identity. We cannot respond to requests where the identity and authority of the requestor cannot be confirmed. You are not required to have an account with us in order to submit a request and we will only use personal information provided in a request to verify the requestor’s identity or authority to make such a request. Please note you may only make a verifiable request for access or data portability twice within a 12-month period. Any disclosures we provide will only cover the 12-month period preceding the verifiable request’s receipt. If we are unable to comply with a request, we will inform you of the reason why.
• Information we collect about our California Consumers.
  • In the past twelve (12) months, we may have collected the following types of information from your use of the App:

Categories of Personal Information	How We Collect this Information	How We Use this Information	How We Share this Information	Was this Category Disclosed for a Business Purpose?
Personal Identifiers such as real name, alias, postal address, unique personal identifier, online identifier, IP address, email address, and phone number.	We collect this information when you voluntarily provide such information through the App and any other communications with us, such as when signing up for an account, using the App for other purposes, or otherwise interacting with us. We may collect such information automatically and passively. We may also receive such information from third parties, such as social media service providers.	We use this information to provide you with the App and customer support; communicate with you; offer you personalized offers; perform data analysis and market research; improve our user experience; comply with legal obligations; protect the App; and defend our legal rights.	We share this information with service providers and business partners.	We have disclosed this category of information for a business purpose, such as to send you updates about your account.
Internet or other electronic network activity information, such as information regarding your interactions with the Services, browsing history, and search history.	We collect this information from your mobile device using tags, pixels, and other similar technologies and from our third party service providers.	We use this information to improve our user experience; offer you personalized offers; perform data analysis and market research; comply with legal obligations; protect the App; and defend our legal rights.	We share this information with service providers and (on an aggregate basis) business partners.	We have disclosed this information for a business purpose, including, for example, if we used a service provider to help us perform analytics about the functionality of the App or the Services.
Audio, electronic, visual, thermal, olfactory, or similar information, such as recordings of user testing sessions.	We collect this information when you voluntarily provide such information and from your use of the App.	We use this information to provide you with the App; perform data analysis and market research; improve our user experience; and comply with legal obligations.	We share this information with our service providers.	We have disclosed this information for a business purpose, including, for example, if we used a marketing service provider to analyze recordings of user testing sessions to provide feedback on potential improvements to the App.

• We do not sell your personal information. We do not “sell” the personal information that we collect, and we will not sell it without providing you with the opportunity to opt out. California law defines “sale” broadly, and thus the term may include using targeted advertising we use on the Services, or how third party services are used on the Services. We use such targeted advertising to provide the Services and relevant offers to you, including at your request. To limit such advertising, refer to Section 3 of this Privacy Policy for more information.
• Non-discrimination policy. We will not discriminate against you if you exercise your rights as a California Consumer pursuant to this CA Privacy Notice Section.
• Shine the Light disclosure. Under California law, you may request and obtain from us once per year, free of charge, a list of the third parties to whom we have disclosed your personal information (if any), their direct marketing purposes in the prior calendar year, as well as the types of personal information disclosed to those third parties. We do not share personal information with third parties for their own direct marketing purposes without your prior consent.

• CHILDREN

TheRightFloor services are not intended for children under 13 years of age. Children under 13 years of age may not provide any personal information to us. We do not knowingly collect personal information from children under 13. If you are aware that a child has provided personal information to us without parental consent, please contact us at sales@therightfloor.com and we will delete this information.

• SECURITY

We use a variety of safeguards to protect your personal information, including, where appropriate, encryption of data stored and encrypting information in transit. We take reasonable and appropriate steps to help protect your information against loss, misuse, and unauthorized access or disclosure. However, no method of transmission over the internet or via mobile device, or method of electronic storage, is 100% secure. Thus, while we strive to protect your personal information, we cannot guarantee its absolute security, and urge you to do your part in protecting your information.

• CONTACT INFORMATION

Please contact us with any questions, concerns, complaints, or comments about this Privacy Policy, your information, our third-party disclosure practices, or your consent choices. If you submit a request to manage, update, or delete your information, we will take such steps we deem necessary to confirm your identity before proceeding with such request. We can only communicate with the individual in question, and cannot disclose personal information for such a request to anyone other than that individual, unless as otherwise provided in this Privacy Policy.

You may reach us at the contact information below:

TheRightFloor LLC

Attention: Privacy Officer

Email: sales@therightfloor.com

• MODIFICATIONS TO THIS PRIVACY POLICY

From time to time, we may revise this Privacy Policy to reflect changes in the Services, how we use information, or applicable law. To help you stay up to date on any changes, we provide the date that this Privacy Policy was last updated at the top of this page. If we make material changes to this Privacy Policy, we will provide notice or obtain your consent regarding such changes, as may be required by law.