Tuesday Morning Privacy Policy

Last Updated: September 28, 2015

INTRODUCTION

Thank you for using TuesdayMorning.com. We are committed to honoring the confidentiality, integrity, and security of the personal information our Users share through the Services provided on the TuesdayMorning.com website. This Tuesday Morning Privacy Policy (this “Policy”) describes how we treat your information when you use TuesdayMorning.com and its Services. Please take a moment to read the following to learn more about our information practices and how we safeguard your information. We take our Users’ interests seriously. If you have questions or concerns regarding our privacy policy or practices, please contact us at custserv@TuesdayMorning.com (please put “Privacy Policy” in the subject line of your email).

As used in this Policy:

  • the term “personal information” means information that specifically identifies an individual (such as a first and last name, telephone number, mobile number, e-mail address, or mailing address or credit card information), or information about that individual that is directly linked to personally identifiable information. Personal information does not include “aggregate” information, which is data we collect about the use of our website or about a group or category of services or Users, from which individual identities or other personal information has been removed. This Policy in no way restricts or limits our collection and use of aggregate information.
  • the terms “you,” “your,” “yours” and “User” refer to you, the User of this website, regardless of whether you have a registered account with Tuesday Morning.
  • the terms “Tuesday Morning,” “TuesdayMorning.com,” “we,” “us,” and “our” refer to Tuesday Morning, Inc., a Texas corporation headquartered at 6250 LBJ Freeway, Dallas, Texas 75240.
  • the term “Service(s)” means the services Tuesday Morning offers through TuesdayMorning.com and related websites, mobile applications, and other platforms that enable Users to access and use content made available by Tuesday Morning about its stores, its business and operations, the goods and services it offers for sale, promotional materials, employment opportunities, various interactive features that may be made available to Users from time to time, and other important information and functionality, some or all of which may be made available to the general public or only to registered Users of Tuesday Morning’s website(s).

It is important to us that you understand how Tuesday Morning works and how we use the information you provide. By using Tuesday Morning, including services available at one or more Tuesday Morning domains, such as TuesdayMorning.com, Users agree to be bound by this Policy and Tuesday Morning’s Terms of Use. Additional terms may be defined in the Terms of Use.

INFORMATION COLLECTION

General. We collect personal information about our Users because it helps us deliver the best User experience we can provide. Gathering information enables us to provide convenient and accurate information about our goods and services offered in our stores and other content that may interest you, and to deliver timely and relevant information about various Tuesday Morning website Services that you may choose to use. Such practices also help us refine the product experience over time so that we may optimize our Services based on User feedback and actual use. In addition, this information helps us keep you informed about the latest Tuesday Morning announcements, updates, and support information in a timely fashion.

Some information may be gathered by passive means, such as the use of cookies and log files (as described below), and will apply to all Users regardless of whether the User has completed a registration with Tuesday Morning. In addition to the information gathered through passive means, if you register for an account on a Tuesday Morning website, other information, including personal information, will be gathered from the registration and profile information you submit and from other active means as you use the website(s) and Services. Our gathering of personal information from registered Users may enable additional website functionality and help connect you with other registered Users.

Registration. When you sign up for a Tuesday Morning account, we will collect personal information such as your name, email address, street address, zip code, User identifier, and password. You must provide this information to register. Like all other passwords you create, you should choose a Tuesday Morning password that is known only by you. You acknowledge that the registration information is personal to you, and by creating an account on Tuesday Morning, you allow others, including Tuesday Morning, to identify you.

By registering for a User account on TuesdayMorning.com, you voluntarily and willingly provide us certain information, including personal information, which we collect in order to provide our Services. If you have any hesitation about providing information to us, having your information displayed on the TuesdayMorning.com domain, or otherwise used in any manner permitted in this Policy or the Terms of Use, you should not register for a Tuesday Morning account. If you already are a registered User and have any reservations about using Tuesday Morning, you should close your account.

Profile Information. Once you become a User, you may provide additional User profile information, which may include personal information. Providing additional information about yourself beyond what is minimally required at registration is entirely up to you. Any information you provide at registration or in other sections may be used by Tuesday Morning as described in this Policy and in the Terms of Use. If you decide not to share certain information, Tuesday Morning may not be able to deliver the full benefits of the Services to you.

Customer Service and Support. Tuesday Morning may collect information through the Tuesday Morning Customer Service and Support interfaces in order to, among other things, accurately categorize and respond to customer inquiries and investigate breaches of our terms.

Site Usage, including Social Media. We may collect information about how our Users are using certain Tuesday Morning features and functionality and whether they are interacting with third-party applications or clicking on advertisements. In addition, we may offer certain social networking features within the Services, including from third party social networking sites like Facebook.com and Twitter.com. We may gather information about your profiles on such social networking sites and store and republish such information on our website and as part of our Services. For more information on our social networking practices, see “Social Networking Applications” in the Terms of Use.

Cookies and Advertising. Like most websites, Tuesday Morning uses cookies, web log files, or related technologies to track site usage and trends, improve the quality of our Service, customize your experience on Tuesday Morning’s website and through its Services, and deliver third-party advertising to Users both on and off the Tuesday Morning website. A cookie is a tiny data file that resides on your computer, mobile phone, or other device, which allows us to recognize you as a User when you return to the Tuesday Morning website using the same computer and web browser. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or indicate when a cookie is being sent. Please note, however, that if you decline to allow cookies in your browser, some or all of our features or Services may not function properly as a result. In the course of serving advertisements or optimizing the Services to our Users, we may allow authorized third parties to place or recognize a unique cookie on your browser. Tuesday Morning does not store unencrypted personal information in the cookies.

Log Files, IP Addresses, and Computer or Mobile Information. When you visit the TuesdayMorning.com domain we may log your IP address, access URL, time of access, browser type, and referral URL in order to provide us with internal information regarding site traffic statistics. This information may also be used to identify Users who are using the service for activity that is deemed in conflict with our Terms of Use. This information is used in the aggregate, and is never linked back to any personal information, except as otherwise described herein.

INFORMATION SECURITY

We store all User information in secure databases protected via a variety of industry-standard access controls. Secure passwords, SSL encryption and disk-based encryption (however, we do not use encryption during your day-to-day use of our website), firewalls, and other electronic measures are in place that help us protect your data. We also maintain physical and procedural safeguards, such as secure areas in buildings, authentication procedures, training our employees in the proper handling of personal information, and limiting employee access to this information to those employees with a business need for access. We employ these measures to ensure this data is accessed only for the purposes specified in this privacy statement. When we use third parties to assist us, we require that they comply with all the same confidentiality and security measures. However, since the internet is not a 100% secure environment, we cannot ensure or warrant the security of any information you transmit to TuesdayMorning.com. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login and account information. Please note that emails, instant messaging, and similar means of communication are not encrypted, and we strongly advise you not to communicate any confidential information through these means.

USES OF INFORMATION

Consent to Process Information About You. The information you provide to Tuesday Morning may reveal, or allow others to identify, your geographic location, age, or other aspects of your personal life. By providing information to us for the purposes of creating a registered User account or adding any additional details to your Tuesday Morning profile, you are expressly and voluntarily accepting the terms and conditions of this Policy and Tuesday Morning’s Terms of Use. Supplying information to Tuesday Morning, including any sensitive information, is entirely voluntary on your part. You have the right to withdraw your consent to Tuesday Morning’s collection and processing of your information at any time, in accordance with the terms of this Policy and the Terms of Use, by changing your Settings, or by closing your account. Please note that your withdrawal of consent will be effective only upon such withdrawal and will not be retroactive.

Tuesday Morning Communications. As described in the Terms of Use, we will communicate with you in various forms including, without limitation, emails, postal mail, telephone, texts, Facebook messages, Twitter Tweets, messages within other social media, messages within the Tuesday Morning Services, notices posted on the Tuesday Morning website or through other currently available Tuesday Morning Services or future Services. We may send emails that help inform Users about features offered in existing or new Services, and we will also send you service messages relating to the functioning of existing Services. We may also send you messages with promotional information directly, or on behalf of marketing partners that have partnered with us. If you receive communications via the carrier service with which you have a mobile communications subscription or otherwise have access, you understand and agree you are responsible for paying any service fees associated with your receipt of messages on your mobile device (including applicable data and text messaging charges and tolls). You can change your email and contact preferences at any time by logging into your account and changing your settings related to your email and other notification choices. Please be aware that you cannot opt-out of receiving service messages from Tuesday Morning and still maintain your subscription to the Service, as the delivery of service messages enables us to provide you with the most up-to-date and effective User experience. If you desire to stop receiving communications from Tuesday Morning, you must terminate your account.

Communications from Third Party Marketing Partners. Tuesday Morning from time to time partners with third parties to offer our Users variety of products and services. We may share personal information and other information with these third party marketing partners in order to deliver tailored advertising to you that matches your interests when you visit our website as well as other websites and for those marketing partners to offer you additional products and services that Tuesday Morning believes may be of interest to you.

As part of the Service, you may choose to “opt in” to receiving various communications from our third party marketing partners. By choosing to opt in to receiving such communications, you are affirmatively electing to establish a relationship with each such marketing partner and receive communications from such party in various forms including, without limitation, emails, postal mail, telephone, text messages, Facebook messages, Twitter Tweets, and messages within other social media. In connection with these marketing efforts, you may receive communications from each such marketing partner in various forms including, without limitation, emails, postal mail, telephone, text messages, Facebook messages, Twitter Tweets, and messages within other social media. Like with receiving communications from Tuesday Morning, you are responsible for paying any service fees associated with your receipt of communications from marketing partners on your mobile device (including applicable data and text messaging charges and tolls). Although we only work with third parties whom we believe to be reputable, our marketing partners may have different privacy policies and practices than Tuesday Morning. We encourage you to review our marketing partners’ privacy policies to further understand their procedures for collecting, using, and disclosing your information. We are not responsible for the privacy practices of our third party marketing partners or any other third parties, and you acknowledge that Tuesday Morning is not in control of, nor is it responsible for, the content of any communications which you may receive from individual marketing partners, nor is Tuesday Morning in control of or responsible for the frequency with which marketing partners deliver communications to you. If you terminate your account, you will stop receiving communications from Tuesday Morning, but you will not stop receiving communications from marketing partners unless you contact that party directly.

Third Party Services. Tuesday Morning may from time to time make available to its Users services provided by one or more third parties. If you choose to use services provided by third parties, you may be asked to confirm acceptance of the privacy policy and/or user agreement of the third party, which have not necessarily been reviewed or approved by Tuesday Morning. It is your choice whether or not to make use of these third party services and whether to proceed under any third party terms. We may not screen or audit all third party agreements, and we cannot guarantee that any third party will abide by this Policy or other agreements we may enter into with such third parties. If you or other Users of Tuesday Morning use or interact with any third party providers, these providers may access and share certain information about you with others, such as your profile or other information. Tuesday Morning is not responsible for your use of or inability to use any third party services, including the content, accuracy, or reliability of applications and the privacy practices or other policies of these providers. Sharing Information with Other Third Parties. We do not sell or rent your personal information to third parties. Further, except as otherwise described under the sections titles “Communications from Marketing Partners,” “Third Party Services” and as otherwise disclosed in this Policy, we will only share your personal information with third parties to carry out your instructions, to provide Services, and as necessary to enforce our User Agreement or protect the rights, property, or personal safety of Tuesday Morning, its Users, and the public. For example, we may use a third party service provider to perform services such as billing Users for any fee-based or e-commerce Services that Tuesday Morning may offer from time to time on its website(s). In addition, we may transmit personal information to one or more third parties providing external hosting services to us. These third parties do not retain, share, or store any personal information except to provide these Services (including all third party hosting services, which generally will store this information as part of the service they provide to us), and they are bound by confidentiality agreements limiting the use of your information. We may provide aggregated anonymous data about the usage of the Services to third parties for purposes that we deem, in our sole discretion, to be appropriate, including to prospective advertisers on Tuesday Morning.

User Communications. To the extent that Tuesday Morning makes available through the Service the ability to communicate with other Users or with third party marketing partners, such communications that you initiate may list your name, email address, or both in the header or body of the message. In addition, certain of your User profile information may be available for browsing by other registered Users.

Social Networking Applications. Any information gathered by Tuesday Morning through your use of social networking applications compatible with the Service, such as your profile picture and/or other profile information, may be republished on our website.

Polls and Surveys. Tuesday Morning or third party providers from time to time may conduct polls and surveys. As a User, you may be invited to participate in polls and surveys from the Tuesday Morning website. Your selection may be random, or it may be based on information other than personal information. Your participation in any poll is completely your decision. Some third parties may target advertisements to you on the results page based on your answers in the poll. Further, Tuesday Morning or third parties may follow up with you within the Tuesday Morning system regarding your participation. We may use third parties to deliver incentives to you to participate in surveys or polls. We may not disclose personal information to any third parties in connection with the conduct of any polls or surveys. In addition, if the delivery of incentives requires your contact information, you may be asked to provide personal information to the third party fulfilling the incentive offer, which will only be used for the purpose of delivering incentives and/or verifying your contact information. It is up to you whether you provide this information, or whether you desire to take advantage of an incentive. Your consent to use any personal information for the purposes set forth in the poll or survey will be explicitly requested by the party conducting it.

Interactive Features. If you participate in any interactive features offered by Tuesday Morning on its website(s), such as reviews, discussion boards, or interaction with your social media accounts, you should be aware that any personal information you choose to provide may be read, collected, or used by other Users of these forums, as well as other third parties, and could be used to send you unsolicited messages. Tuesday Morning is not responsible for the information you choose to submit in these services.

Testimonials About Tuesday Morning. If you provide any testimonials about Tuesday Morning or its Services, we may post those testimonials in connection with our promotion of Tuesday Morning to third parties. Testimonials and advertisements may include your name and other personal information that you have provided.

Compliance with Legal Process. It is possible that we may need to disclose personal information, profile information and/or information about your activities as a Tuesday Morning User when required by subpoena or other legal process, or if Tuesday Morning has a good faith belief that disclosure is necessary to (a) investigate, prevent or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (b) to enforce the Terms of Use, to investigate and defend ourselves against any third party claims or allegations, or to protect the security or integrity of our site and its Users; and/or (c) to exercise or protect the rights, property or personal safety of Tuesday Morning, our Users, employees, or others. All such disclosures shall be made at Tuesday Morning’s sole discretion without notice to or consent from the User(s).

Disclosures Related to Business Transactions. In the event Tuesday Morning, Inc. or a division goes through a business transition, such as a merger, acquisition of or by another company, or sale of all or a portion of its assets, your personal information will be among the assets transferred. You may not be notified of any such change in ownership or control of your personal information. Any third party to which Tuesday Morning transfers or sells Tuesday Morning’s assets will have the right to continue to use any personal and other information that you provide to Tuesday Morning.

YOUR CHOICES AND RESPONSIBILITIES

Accessing and Changing Your Account Information. All information that Tuesday Morning stores related to your account, is accessible through your Tuesday Morning account and User interface. You may use this interface to adjust your information at any time, and we encourage you to keep this information up-to-date so that your customer service and support requests operate efficiently. If you change or update any information, please be aware that Tuesday Morning may, for a time, retain residual information about you in its backup and/or archival copies of its database even after your request for a change is processed.

Removing Your Account. You can close your account by contacting Tuesday Morning Customer Service and Support. If you close your Tuesday Morning account, we will remove your name and other personal information from our publicly viewable database. If you close your account, we may delete any or all of your account information without liability. However, we may retain certain data contributed by you if Tuesday Morning believes it may be necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally identifiable data, account recovery, or if required by law. Tuesday Morning may also retain and use your information if necessary to provide the Services to other Users. For example, if Tuesday Morning ever makes available on its websites any forums or other interactive features, your contributions to such Tuesday Morning features may remain visible to others after you have closed your account. Similarly, information you have shared with others, or that other Users have copied, may also remain visible. Tuesday Morning disclaims any liability in relation to the deletion or retention (subject to the terms herein) of information or any obligation not to delete the information.

OTHER IMPORTANT INFORMATION

Privacy of Minors. This website is not directed or otherwise promoted for use by children under the age of thirteen (13). We ask that any User under the age of thirteen (13) not submit any personal information to us or use the Service. Any person who provides their information to Tuesday Morning through the account registration page for new customers or any other part of the Service represents to Tuesday Morning that he or she is thirteen (13) years of age or older. Users who are under the age of eighteen (18) must obtain the consent of a parent or legal guardian before using the Service.

California Privacy Rights. California Civil Code Section 1798.83 permits Users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we disclosed their personal information (if any) for direct marketing purposes in the preceding calendar year and the categories of personal information disclosed to those third parties. If you wish to make such a request or have any questions about Tuesday Morning’s information sharing practices, you may contact us by sending us an email at custserv@TuesdayMorning.com (please include “Privacy Policy” in the subject line of your email) or write to us at Tuesday Morning, Inc., 6250 LBJ Freeway, Dallas, Texas 75240, Attn: Privacy Policy Issues.

Changes to this Privacy Policy. Tuesday Morning may update its privacy policy from time to time. When we change the policy in a material way, such as if there are significant changes in the way we treat your personal information, a prominent notice will be posted on our website along with the updated privacy policy and also communicated to Users via email, message notification on the website or other similar method. Please check this URL frequently to see the latest version of this policy. Unless stated otherwise, our current Policy applies to all information that Tuesday Morning has about you and your account. Using the Tuesday Morning Services after a notice of changes is published on our site shall constitute consent to the changed terms or practices.

Should you have any questions or concerns regarding this Policy, please email us at custserv@TuesdayMorning.com (please put “Privacy Policy” in the subject line of your email) or contact us at the following address:

Tuesday Morning, Inc.
Attn: Privacy Policy Issues
6250 LBJ Freeway
Dallas, Texas 75240