Privacy Policy

Perennials and Sutherland, LLC (“Perennials & Sutherland,” “us,” or “we”) take the privacy of personal information seriously. This Privacy Statement applies to all users (“you” or “your”) of Perennials & Sutherland websites, computer or mobile applications (collectively, and together with any updates thereto, the “Services”).

This Privacy Statement explains how Perennials & Sutherland collects and treats information we collect about you when you visit, access or otherwise use the Services. Your access and use of the Services may be accompanied by additional terms related to privacy and our collection and use of your personal information. By accessing and using the Services, you agree to such additional terms and the terms of this privacy statement (“Privacy Statement”), as may be revised by us from time to time in accordance with this Privacy Statement. If you do not agree with the terms of this Privacy Policy, you must immediately cease use of the Services.

If you are an EU national and reside in the EU, or are a non-EU national residing in the EU, the data controller (as defined under EU data protection law) will be Perennials & Sutherland or relevant affiliate you engage with. Our representative for purposes of the General Data Protection Regulation (“GDPR”) is Mills & Reeve LLP and may be contacted using the contact information set forth under the “Contact Us” section below.

[If you are a California resident, please be sure to review the California Consumer Privacy Act (“CCPA”) supplement to this Privacy Statement below, which provides additional information regarding your rights and our obligations to you under the CCPA.]

Information Collection and Use

Information We Collect. We may collect information that that relates to identified or identifiable individuals (“Personal Information”), which are provided through use of the Services. Such information and the means by which we may collect it may include without limitation the following:

a. Information You Provide. As part of registering with or otherwise accessing and using the Services, you may be asked to provide certain Personal Information, including, but not limited to, your name, e-mail address, phone number, and mailing address. You may choose not to provide Personal Information, but some features of the Services may be unavailable.

b. Information Collected Automatically. In addition to the Personal Information you provide, Perennials & Sutherland and its subsidiaries, affiliates, and agents may collect and use diagnostic, technical, and other usage information related to your use of the Services (“Non-Personal Information”). Non-Personal Information collected may include, without limitation, device information such as IP address, device ID, operating system, browser, and geo-location for any device you use to access the Services, and usage information such as clicks, interactions, pages or screens viewed, requests made, and features used.

c. Cookies and Similar Technologies. Like most companies, Perennials & Sutherland collects information through cookies and related technologies. When you use our Services, cookies and related technologies, including web beacons, may collect information such as whether you have used the Services before, which pages you have chosen to visit, what search terms you entered, your IP address, your browser type and language, the date and time you access our Services and the website from which you linked to our Services. We may also use such information to analyze trends and gather broad demographic information for aggregate use. You may also be able to save preferences for our Services if you have cookies enabled, which may expedite your use of our Services if you visit or otherwise use them frequently. If you disable cookies or related functions, certain features of our Services may not be accessible to you or may not function optimally. Please see our Cookie Notice and Disclosure page for more information and, where applicable, instructions on how to disable certain of these functions if you wish to do so.

d. Perennials & Sutherland reserves the right to update and modify these Terms and Conditions at any time without prior notice. Those changes will go into effect on the Last Updated Date shown in the revised Terms and Conditions. By continuing to use the Sites, you are agreeing to the revised Terms and Conditions. For this reason, we encourage you to review these Terms and Conditions whenever you use our Sites.

e. Do Not Track. Because of uncertainty in the industry surrounding the use of “do not track” signals that may be transmitted by some web browsers, at this time Perennials & Sutherland does not take action in response to these signals.

Perennials & Sutherland is entitled to process your personal information as necessary for the performance of the engagement with you in connection with the Services, or in order to take steps at your request prior to entering into an engagement. Our legal basis for such processing includes performance of contract. Apart from this, the information we collect upon your use of our Services is collected based on our legitimate interest to provide the Services and our online services to you. A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.
Uses of Information. We may use or disclose your Personal Information and Non-Personal Information for the following purposes:

a. To fulfill or meet the reason for which the information is provided;

b. to administer, develop, or improve our Services;

c. To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.

d. to better understand how users and customers are using our Services;

e. As described to you when collecting your personal information or as otherwise set forth in applicable law.

f. to prevent or investigate fraud and other prohibited or illegal activities and to otherwise comply with applicable legal and regulatory requirements and industry standards;

g. to protect the rights, safety, security and integrity of the Services, our property and our customers, employees and others;

h. to respond to specific user requests;

i. to provide the services and products you have ordered or purchased;

j. to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information and/or Non-Personal Information held by us is among the assets

k. transferred; for our legitimate interests or those of a third party;

l. where you have otherwise given consent; and

m. to enforce the Terms of Use and this Privacy Statement.
Promotional Communications. In addition to the foregoing, we may use your Personal information to send you updates (by email, text message, telephone or post) about our products or services, including promotions or new products or services. We have a legitimate interest in processing your Personal Information for promotional purposes. This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.

We will always treat your personal information with the utmost respect and never sell or share it with other organizations outside of Perennials & Sutherland or its affiliates for marketing purposes.

You have the right to opt out of receiving promotional communications at any time by:

– Contacting us at info@perennialsfabrics.com;

– Using the “unsubscribe” link in emails; or

– updating your marketing preferences in your account with us.

We may ask you to confirm or update your marketing preferences if you instruct us to provide further products or services in the future, or if there are changes in the law, regulation, or the structure of our business.
Sharing and Transfer of Information. Except as described below and as otherwise necessary to perform the activities described in Section 2 of this Privacy Statement (which may include outsourcing one or more of the functions described above), Perennials & Sutherland will not share the Personal Information that you provide to us with any third parties.

a. Update of Personal Information. We may disclose Personal Information to confirm or update information provided by you.

b. Legal Requirements. We may disclose Personal Information if required to do so by law or legal process or in connection with legal requests by law enforcement or government officials. We also may disclose Personal Information if we reasonably believe disclosure is urgently required to prevent harm to persons or property or in connection with investigations of fraud or suspected illegal activity.

c. Business Transactions Affecting Perennials & Sutherland. We may transfer any Personal Information in the event of a sale, merger, acquisition or other transfer of all or any portion of our business or assets.

d. Security and Protection. Perennials & Sutherland uses reasonable measures to protect the Personal Information we collect, but no online transmission of data can be guaranteed to be 100% secure. Therefore, you accept and assume the inherent risks of online communication, including without limitation the risks of interception, unauthorized access, data loss or corruption, or viruses and other harmful programs.

In cases where information is shared, we will seek assurances where practicable that the receiving party has implemented appropriate technical and organizational measures to ensure the security of your personal data. Such sharing could also include sharing your Personal Information outside of your country (which could include outside of the European Economic Area (“EEA”)) to another country that does not have similar data protection legislation and may provide a lower level of protection for your information. Such transfers could include, for example:

– Transfers to our affiliates whose offices are outside of the EEA;

– With your and our service providers located outside of the EEA;

– If you are based outside the EEA; or

These transfers are subject to special rules under European and UK data protection law. These non-EEA countries may not have the same data protection laws as the United Kingdom and EEA. We will, however, take steps where practicable to ensure the transfer complies with data protection law and all personal information will be secure.

The legal basis for the transfer of your Personal Information under data protection legislation will be that it is necessary for the fulfillment of our engagement, or necessary for the purpose of our legitimate interest to provide you with our Services in the most efficient way.
Where Your Personal Information is Held. Information may be held at our offices and those of our, affiliates, third party agencies, service providers, representatives and agents as described above (see above: “Sharing and Transfer of Information”). Some of these third parties may be based outside the European Economic Area. For more information, including on how we safeguard your personal information when this occurs, see above: “Sharing and Transfer of Information”.
How Long Your Personal Information Will Be Kept. We will keep your Personal Information while you have an account with us or while we are providing products and/or Services to you. Thereafter, we will keep your personal information for as long as is necessary:

– To respond to any questions, complaints or claims made by you or on your behalf;

– To show that we treated you fairly; or

– To keep records required by law.

We will not retain your personal information for longer than necessary for the purposes set out in this Privacy Statement. Different retention periods apply for different types of personal information.

If you would like further information regarding the collection and sharing of Personal Information, please contact us (see “Contact Us” below).

User Content Policy

User Content Policy. You may choose to provide us with your own original content such as personal photographs, videos, product reviews, comments, text, audio/visual recordings, images, and/or other materials (“User Content”). Provided that your User Content complies with these Terms and Conditions and Perennials & Sutherland’s Privacy Policy (https://www.perennialsfabrics.com/home/privacy/). Perennials & Sutherland includes Sutherland Furniture®, Perennials Luxury Performance Fabrics® and David Sutherland Showrooms (“Sites”). Perennials & Sutherland welcomes you to submit your User Content to us, via our Sites or other means we may permit. Perennials & Sutherland and/or its designees may also reach out to you through email, apps, social media, or other means to request the use of User Content you have published elsewhere and/or not submitted directly to Perennials & Sutherland. By submitting your User Content to us, including via our Sites, or by otherwise allowing Perennials & Sutherland to use your User Content, you are agreeing to the following:

a. You grant to Perennials & Sutherland and its designees a non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual, unrestricted, sublicenseable right to use, market and promote your User Content in any manner or media now known or later developed, for any purpose, including without limitation the rights to reproduce, display, publish, perform, translate, transmit, broadcast, modify, adapt, alter, distribute, present, commercialize, create derivative works from your User Content, and exercise all intellectual property and other rights with respect to your User Content, without any compensation or notice to you or any approval from you, with or without your name (whether your legal name or your user name on the applicable platform), including, without limitation, in advertising and promotion of Perennials & Sutherland and its products and/or services. Without limiting the foregoing, you represent that you have all consents and licenses necessary to use and to authorize Perennials & Sutherland and our designees to use your User Content in the manner permitted in the Terms and Conditions.

b. You represent and warrant to Perennials & Sutherland as follows: that your User Content is your own original work and that you have the right to grant the rights and permissions set forth in the Terms; you have obtained all necessary licenses and permissions from all applicable third parties required for the submission of the User Content and use as permitted in the Terms; you will comply with all FTC disclosure requirements and guidelines relating to your User Content; the posting and/or display and/or other permitted use of your User Content by Perennials & Sutherland or those deriving rights through Perennials & Sutherland will not violate any provision of any applicable law or regulation, or in any way infringe or violate rights of any third parties, including but not limited to copyright and other intellectual property, privacy or publicity rights; you waive any and all moral rights that exist in your User Content and any derivative works made therefrom.

c. You agree that your User Content created, submitted or otherwise made available by you to Perennials & Sutherland or for Perennials & Sutherland will not: be abusive, threatening or harassing towards others; include any infringing, obscene, defamatory, slanderous, libelous, offensive, or illegal content (including without limitation content which violates another person’s right of privacy); include commercial or political solicitations or messages; include any content designed to injure people or property (including without limitation viruses); impersonate others or be misleading as to your identity, the source of your User Content; suggest that you or your User Content is sponsored or endorsed by Perennials & Sutherland (unless it is); otherwise violate the Terms and Conditions.

d. Perennials & Sutherland reserves the right to update and modify these Terms and Conditions at any time without prior notice. Those changes will go into effect on the Last Updated Date shown in the revised Terms and Conditions. By continuing to use the Sites, you are agreeing to the revised Terms and Conditions. For this reason, we encourage you to review these Terms and Conditions whenever you use our Sites.

Rights Under the GDPR

If you are an EU national and reside in the EU, or are a non-EU national residing in the EU, you may have rights under the GDPR. If this is the case and we process your Personal Information, you have the following rights:

Right to Access: The right to be provided with a copy of your personal information (the right of access)
Right to Rectification: The right to require us to correct any mistakes in your personal information
Right to be Forgotten: The right to require us to delete your personal information—in certain situations
Right to Restriction of Processing: The right to require us to restrict processing of your personal information—in certain circumstances, e.g. if you contest the accuracy of the data
Right to Data Portability: The right to receive the personal information you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations
Right to Object: The right to object:

– at any time to your personal information being processed for direct marketing (including profiling);

– in certain other situations to our continued processing of your personal information, e.g. processing carried out for the purpose of our legitimate interests.
Right Not to be Subject to Automated Individual Decision-Making: The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you

For further information on each of those rights, including the circumstances in which they apply, see the guidance from the UK Information Commissioner’s Office (ICO) on individual rights under the General Data Protection Regulation.

You may also ask us at any time to remove your name from our marketing databases and if you do that we will comply as soon as practicable.

If, despite our efforts to protect the confidentiality of your personal data, you consider that your rights have not been respected, you have the right to file a complaint with the national data protection authority, or similar authority, in your country within the European Union.

If you wish to request access to your personal information or wish to exercise one of your GDPR rights described above, please email or write to us at the email address or postal address set out below in the “Contact Us” section.

Third Party Links and Services. The Services may contain links or references to other applications or websites that may not be owned or operated by Perennials & Sutherland or any of its affiliates. We cannot control and are not responsible for the privacy practices or content of such other applications or websites. We encourage you to read the privacy statements of each application that you use and website that you visit. This privacy statement applies solely to information collected by Perennials Fabric.

Keeping Your Personal Information Secure. Perennials & Sutherland attempts to protect against the loss, misuse and alteration of your Personal Information. We have appropriate security measures in place to prevent Personal Information from being accidentally lost or used or accessed in an unauthorized way. These measures may include physical, electronic or other procedural protections, such as passwords, firewalls, and encryption or authentication technology, and requirements of confidentiality. While we have made reasonable efforts to protect your Personal Information, we cannot ensure or warrant the security of any information that you transmit to us over open networks such as the internet or email. We cannot guarantee the confidentiality of any communications or materials sent to us over such open networks.

Corrections or Changes to Your Personal Information. You may correct or change the Personal Information you have supplied us with by returning to the page where you provided the information and/or logging in on the registration page, or contact us using the contact information provided below under “Contact Us.”

Children’s Privacy. Perennials & Sutherland Services are not directed to children under the age of 16 and Perennials & Sutherland does not knowingly collect information from children under the age of 16. If we are notified that such information has been collected on our Services we will delete it from our records.

Changes to this Privacy Statement. This Privacy Statement may be updated at any time in our sole discretion without notice to you to reflect changes in our business practices. Revision dates are indicated at the top of this document, and we will always provide the current version on our website. We encourage you to periodically review this Privacy Statement to stay informed of how we are protecting your Personal Information. Your continued use of the Services after any change to this Privacy Statement constitutes your agreement to the new or changed terms.

Copyright Infringement. Perennials & Sutherland respects the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on our Sites without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent by mail to:

This contact is only for suspected copyright infringement.

Notification of Changes. If we decide to change our privacy policy, we will update this page so our users are always aware of what information we collect, how we use it, and under circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

Contact Us. If you would like to contact Perennials & Sutherland for any reason regarding this Privacy Statement or our privacy practices, please contact us as follows:

Perennials and Sutherland, LLC.
Attention: Marketing
1600 Viceroy Dr. Suite 500
Dallas, Texas 75235
Email contact: info@perennialsfabrics.com

If you are an EU national and reside in the EU, or are a non-EU national residing in the EU, and have any questions regarding this policy or wish to exercise your rights under the GDPR For European Residents, please contact:

Fiona Bradford
Mills & Reeve, LLP
1 St. James Court, Whitefriars
Norwich NR3 1RU

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