Terms of Use

The House of Scalamandré

Terms & Condition of Use

The House of Scalamandré has created this statement in order to demonstrate our firm commitment to your privacy. The following discloses our information gathering and dissemination practices for Scalamandré / Stark Scalamandré Fabric LLC / Red from Scalamandré / Ashley Stark Home / Stark Carpet Corp.’s family of websites (“Websites”). Please note that when you access any external links from our Websites (including any Stark Scalamandre LLC / Stark Carpet Corp. subsidiary Websites), they may have different privacy policies specific to those Websites. We encourage you to read all applicable privacy policies.

1. Personal Information Collection

Scalamandré may collect personal information such as name, telephone number, email address, date of birth, home or business and mailing address when you access certain areas of the Scalamandré. Websites that provide for the purchase of products, require registration for certain services, or if you require more information about those products/services (“Personal Information”). If you decide to reserve product or purchase our products/services, we may need to collect certain additional information, like your credit or debit card number and expiration date. Scalamandré will provide you with the choice and means for limiting the use and disclosure of your Personal Information before Scalamandré uses or discloses the Personal Information for a purpose other than for which it was originally collected.

At other times, Scalamandré may collect information that cannot be used to identify you. For example, we may aggregate non-personal information about you and other customers who visit our Websites. Aggregated information will not contain any information that can be linked directly back to you.

2. How Scalamandré Collects Personal Information

Scalamandré may use any number of tools to collect information about you, your computer access points, and the web browser that you use to connect to our Websites. For example, cookies are small text files that we place on your computers’ or devices’ hard drive or other storage device when you visit our Websites. We may use cookies to personalize your interactions with our Websites. You do not have to accept our cookies and you may set your browser to restrict their use and you may delete them after they have been placed on your hard drive or other storage device. If you do not accept or delete our cookies, some areas of our Websites may take more time to work, or may not function properly.

Under the laws of various European Union countries, including, without limitation, the United Kingdom, Ireland, Spain, France, Germany, Italy, Belgium, and the Netherlands, cookies may be served, as long as individuals have provided their consent, having been given clear and comprehensive information, in particular about the purposes for which their personal data will be processed. In at least the above-referenced countries, effective consent may be provided by using browser settings, as long as you take positive action. Before using Scalamandré’s Websites, you are advised to check your current browser settings to ensure that the settings reflect your consent for Scalamandré to place cookies on your devices. More information about your specific browser’s cookie options may be found at http://www.allaboutcookies.org.

Scalamandré may also collect additional information from your web browser each time you visit our Websites. We may collect information about the pages that you visit and the time spent on each web page or area of the Websites, the promotions or advertisements that you click on, and other actions that you take while using our Websites. This information may include your internet protocol (“IP”) address, the type of browser, the time that your browser was used to access our Websites, and the address of any website that you may have used to link to this Website.

Our Internet Service Providers (defined below) may also use other standard web-based technologies to analyze your movements while accessing our Websites. The technologies include web “beacons,” “pixel tags,” and “clear gifs.” These technologies help us ascertain the effectiveness of our product and service campaigns and marketing programs, allow us to customize the services offered on or through our Websites, and help determine the best use for the Websites content, and product and service offerings. Some of this information, including the IP address, may be stored on our Internet Service Provider’s server logs, and may be available for extended periods of time.

While Scalamandré takes all reasonable steps to protect the privacy of its Website visitors, Scalamandré cannot promise that its current online applications programming will address every browser setting or honor every personal browser preference. In particular, Scalamandré has not implemented the necessary program changes to honor “Do Not Track” or “DNT” browser signals. As Scalamandré’s online applications programming is refined, Scalamandré will take all reasonable steps to honor such requests in the future. Please return to this privacy policy for further updates on this topic.

Further, Scalamandré’s Internet Service Providers or Authorized Third Parties (defined below) may implement technologies that allow for the collection of Personal Information over time and across websites. Scalamandré recommends that you review each privacy policy posted on the websites that you visit to better understand privacy practices on those websites.

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3. Choice

Scalamandré will offer you the opportunity to choose (opt in/opt out) whether your Personal Information is: (a) to be disclosed to a third party; or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by you.

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4. Our Use and Disclosure of Your Personal and Non-Personal Information

At times, Scalamandré may use the services of independent companies to provide certain services to you, including, without limitation, website hosting services, credit card processing, order processing and shipping services, and guest surveys (“Internet Service Providers” or “Authorized Third Parties”). Scalamandré may share your Personal Information with the Internet Service Providers as appropriate. Scalamandré will not share Personal Information with outside third parties without your consent, except to the extent necessary to complete your request for products and services offered through the Scalamandré Websites.

Scalamandré may use your Personal Information to contact you via mail, e-mail (provided that you opted-in to receive e-mails from Scalamandré), or telephone in order to give you updates about Scalamandré’s special events, new services, current information regarding our products, or other promotions that may be of interest to you. If you are a business or organization that has scheduled a conference, event, or meeting at one of our facilities, Scalamandré may also share your Personal Information with our event organizers. Scalamandré may also use return e-mail addresses to answer the e-mail we receive from you. Your e-mail address will not be used for any other purpose or shared with outside third parties for their direct marketing purposes. Scalamandré may also use your IP address to help protect Scalamandré and our Internet Service Providers from fraud.

Additional uses of your non-personal and Personal Information will allow Scalamandré to tailor products and services specific to your needs, to help organize and manage our relationship with you or your business, to conduct business, to provide you with customer and guest support, to perform functions that are described to you at the time of collection, and to enforce our Website’s Terms of Use.

We may also use non-personal aggregate information to improve our Websites. For example, our Internet Service Providers may report to us that there were a particular number of visitors to a certain area of our Websites, or that a certain number of businesses or a certain number of individuals completed our registration forms in particular areas of our Website. Such information may also be used to analyze the effectiveness of our business and advertising models.

If you submit a resume or seek to fulfill other staffing requirements, we will use that information solely in connection with your application for current or future staffing requirements, and we may also share your resume or application information with our business partners or affiliates that have staffing requirements for which you may be qualified.

Scalamandré may also disclose your Personal Information as is necessary to: (a) comply with a subpoena or court order; (b) cooperate with law enforcement or other government agencies; (c) establish or exercise our legal rights; (d) protect the property or safety of our companies and employees, contractors, vendors, suppliers, and customers; (e) defend against legal claims; (f) help with internal and external investigations; or (g) as otherwise required by law or permitted by law. Scalamandré may disclose your Personal Information in connection with the sale or merger of one of our companies or any transaction that involves the sale or assignment of some or all of our assets.

5. Photograph Terms and Conditions

You represent and warrant to Scalamandré and its affiliates, including, but not limited to, Stark, Ashley Stark Home, Red from Scalamandré (collectively, “Scalamandré”), that:

You are the owner of the Photograph.
You have the right to photograph and display all of the content contained in the Photograph.
You have the right to grant Scalamandré permission to use the same.
You hereby grant Scalamandré permission and consent to use and display the Photograph on its website and social media platforms for any purpose(s) that Scalamandré deems necessary in its sole and absolute discretion, including, but not limited to, advertising, marketing, publicity and promotional purposes.
You agree to indemnify, defend, and hold harmless Scalamandré and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to Scalamandré’s use or misuse of the Photograph and/or Your misrepresentation(s) or violation(s) of the terms and conditions set forth herein.
You hereby waive any right to compensation arising from or related to the use of the Photograph.
You hereby release, defend, indemnify and hold harmless Scalamandré from and against any claims, damages or liability arising from or related to the use of the Photograph, including, but not limited to, claims of copyright and/or trademark infringement.
You acknowledge and agree that the consents, waivers, indemnities and releases above are binding on You, Your heirs, executors, administrators and assigns.

By replying “#YesSCALA,” or “#YesSTARK,” you are certifying to Scalamandré and its affiliates (collectively, “Scalamandré”) that:

You are at least 18 years of age and are competent to contract in your own name.
You have read the Terms and Conditions and you fully understand the contents, meaning and impact of the same.
You agree to the provisions of the Terms and Conditions, including, but not limited to, the consents, waivers, indemnities and releases contained therein.
You consent to Scalamandré’s use and display of the Photograph on its website(s) and social media platforms for any and all purposes.

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