Privacy Policy

Dweller (“we” or “us”), the operator of this web site and store is committed to preserving the privacy of those who visit the dwellerliving.com site. This document will outline how we gather and utilize various sources of information obtained during your visit to the Site and Store. We adhere to the Safe Harbor Agreement concerning the transfer of personal data from the European Union (“EU”) to the United States of America. Accordingly, we follow the Safe Harbor Principles published by the U.S. Department of Commerce (the “Principles”) with respect to all such data. If there is any conflict between the Policies in this privacy policy and the Principles, the Principles shall govern. This Privacy Policy applies solely to information collected at this Site, in this App, and at this Store and is made a part of and incorporated into the Site, App, and Store Terms and Conditions.

This Privacy Policy communicates how, when, and why we gather information about our customers and what we do with it.

THIS PRIVACY POLICY DOES NOT APPLY TO OTHER WEBSITES TO WHICH WE LINK. YOU AGREE THAT YOUR USE OF THE SITE, APP, AND STORE SIGNIFIES YOUR ASSENT TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, YOU ARE NOT AUTHORIZED TO USE THIS SITE, APP, AND STORE.

Introduction 

We respect and uphold individual rights to privacy and the protection of personal information. We know how important it is to protect your personal information and want to make every customer experience safe and secure. In keeping with that goal, we have developed this Policy to explain our practices for the collection, use, and disclosure of your personal information. For the purposes of this Policy, personal information means information about an identifiable individual, including, for example, an individual’s name and home address. Personal information does not include information that would enable an individual to be contacted at a place of business, for example an employee’s name, position or title, business telephone number, or business address. We will only collect, use or disclose personal information in accordance with this Policy, or in accordance with laws applicable to the collection, use and disclosure of your personal information by us (Applicable Privacy Laws). We have appointed a Privacy Officer who is responsible for our compliance with this Policy. Information on how to contact the Privacy Officer can be found below. 

Information Collected

Personal Information

If you subscribe to Dweller and/or place an order through dwellerliving.com, sign up and/or place an order through the online store, we will ask you for your name, e-mail address, shipping address, telephone number and credit card information or certain other personally identifiable information about yourself ("Personal Information").

We use this information to process and fulfill your order and to notify you of your order status. All archived credit card information is maintained in a secure and safe environment. Telephone numbers and e-mail addresses are used to contact you regarding your order. In addition, when you respond to a contest, survey, questionnaire, sweepstakes or other promotional feature, we may ask you for your name, address and email address or other Personal Information. We do not collect any Personal Information about you unless it is voluntarily provided by you. Dweller will never sell, rent or share your Personal Information, including your e-mail address, with any third parties for marketing purposes without your express permission.

Like most website operators, Dweller collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Dweller's purpose in collecting non-personally identifying information is to better understand how Dweller's visitors use its website.

Dweller also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on our blog. Dweller only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.

Use of your personal data

Our company collects your data so that we can:

  • Process your order, manage your account.
  • Send yourself an e-mail with special offers on other products and services we think you might like.
  • Disclosure with a business intent, such as aiding us in delivering our services and meeting our contractual obligations to you.
  • Evaluate our orders to identify potential risks or fraudulent activities.
  • Provide you future support. If you agree, our company will also share your data with partner companies so that they can offer you their products and services.

Gathering Of Personally-Identifying Information

Certain visitors to Dweller 's websites choose to interact with Dweller in ways that require Dweller to gather personally-identifying information. The amount and type of information that Dweller gathers depends on the nature of the interaction. Those who engage in transactions with Dweller - by making a purchase, for example - are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Dweller collects such information only in so far as is necessary or appropriate to fulfill the purpose of the visitor's interaction with Dweller. Dweller does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

Collection and Use of Personal Information

We collect two types of information through our Website: personal information and non-personal information. The types of information we collect depend on the nature of your interaction with us. (a) Personal information We may collect personal information such as: - your contact information for example, name, postal address, and email address; - your personal preferences for example, product wish lists, language preferences, and marketing consent; and - your transaction information for example, items purchased, method of payment, amount paid, and credit or debit card number. (b) Non-personal information Non-personal information does not identify you as an individual. For example: - we may collect certain non-personal data when you visit our Website, such as the type of browser you are using or the referring URL; or - we may collect and summarize customer information in a non-personal, aggregate format for statistical and research purposes. We may, for example, summarize our data to determine that a certain percentage of items purchasers are male, aged 18 to 25. You may choose not to provide us with your personal information. However, if you make this choice we may not be able to provide you with the product, service, or information that you requested. For example, we require your mailing address in order to mail you purchased products. 

Use of your Personal Information 

We may use your personal information for a number of different business purposes, for example to: - fulfill your specific requests for products, services or information; - provide customer support to assist you with your questions or complaints; - conduct surveys in order to improve our services; - advise you of changes to our services, or new services that we may implement from time to time - measure and improve the effectiveness of our Website or our marketing endeavors; - detect and protect against fraud and error; - track and analyze your purchases and preferences to better understand your product and service needs and eligibility; and - for other purposes as described in this Policy. We limit the personal information we collect and use to that which is necessary to fulfill the purposes identified above. We will not collect, sell, distribute or use personal information for any other purposes without your further consent, as required by law or as authorized by Applicable Privacy Laws. 

 

Information We Collect Automatically 

In some cases, we automatically collect certain information. (a) Our Website When using our Website, we may collect the Internet Protocol (IP) address of your computer, the IP address of your Internet Service Provider, the date and time you access our Website, the Internet address of the Web site from which you linked directly to our Web Site, the operating system you are using, the sections of the Web Site you visit, the Web Site pages read and images viewed, and the content you download from the Web Site. This information is used for Web Site and system administration purposes and to improve the Website. (b) Cookies The Web Site uses "cookies", a technology that installs a small amount of information on a Web Site user's computer to permit the Web Site to recognize future visits using that computer. Cookies enhance the convenience and use of the Web Site. For example, the information provided through cookies is used to recognize you as a previous user of the Web Site, to offer personalized Web page content and information for your use, to track your activity at the Web Site, to respond to your needs, and to otherwise facilitate your Web Site experience. You may choose to decline cookies if your browser permits, but doing so may affect your use of the Web Site and your ability to access certain features of the Web Site or engage in transactions through the Web Site. (c) Web Site Tracking Information We may use web beacons or pixel tags to compile tracking information reports regarding Web Site user demographics, Web Site traffic patterns, and Web Site purchases. We may then provide these reports to advertisers and others. None of the tracking information in these reports can be connected to the identities or other personal information of individual users. For our own research purposes we may link tracking information with personal information voluntarily provided by Web Site users. Once such a link is made, all of the linked information is treated as personal information and will be used and disclosed only in accordance with this Policy. (d) Links to Other websites Our Web Site may contain links to other websites or Internet resources which are provided solely for your convenience and information. When you click on one of those links you are contacting another website or Internet resource. We have no responsibility or liability for, or control over, those other websites or Internet resources or their collection, use and disclosure of your personal information. We encourage you to read the privacy policies of those other websites to learn how they collect and use your personal information. 

Protection of Certain Personally-Identifying Information

Dweller discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Dweller 's behalf or to provide services available at Dweller 's websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Dweller 's websites, you consent to the transfer of such information to them. Dweller will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Dweller discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Dweller believes in good faith that disclosure is reasonably necessary to protect the property or rights of Dweller, third parties or the public at large. Dweller takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Non-Personally Identifiable Information

In addition, we may also collect non-personally identifiable information, such as IP host address, pages viewed, browser type, duration and frequency of visits, and other data, and may aggregate any information collected in a manner which does not identify any individual ("Aggregate Information"). Information obtained in connection with the Site, the App, and the Store may be intermingled with and used by us in conjunction with information obtained through sources other than the, Site, App, and Store including both offline and online sources.

 

Information We may Collect Directly from You 

Listed here are some further examples of the ways that we collect personal information directly from you and how we use it. (a) Purchase Follow-Up and Surveys Following a purchase we may send you a follow-up letter to thank you for your business, or we may contact you to ensure that you are completely satisfied. We may use contact information collected online or via telephone to conduct occasional surveys and other customer research. These surveys are entirely voluntary, and you may easily decline to participate. (b) Our Website Our Website can be browsed anonymously. However, to engage in certain special features or functions of our Website, or to purchase items from our Website, you may be asked to provide certain personal information, such as your name, email address, postal address, or credit card information. We use this information to create your account, contact and correspond with you about your order, respond to your inquiries, and monitor functions of our Website that you choose to use. (c) Sign-Up for Newsletters or Updates We also offer email updates describing items that are available. Should you choose to receive those updates, we will collect your contact information, such as name and email address. This information will only be used to send you the updates that you have requested. You may ìunsubscribeî at any time by following the unsubscribe directions located in the footer of each email, or using another method that we describe in the updates. (d) Participate in a Contest or Promotion From time to time, we may run contests or promotions. If you participate, you may be asked for contact information as well as additional optional survey information (for example, product preferences). Personal information from contest entries will be used only to administer the contest and contact you if you win. For research and analysis purposes, we may also summarize contest survey information in a manner that no longer identifies individual participants. All contests and promotions are subject to this Policy and the rules that will be available with each particular campaign. Some contests may be conducted by third parties and will be subject to the third party’s policies. (e) Email a Friend While visiting our Website you may choose to use the Email a Friend tool which allows you to inform a friend about items of interest to you. The information you provide will be used to send a one-time email to your friend, inviting them to our Website. We will not add your friend to a mailing list and will not send them further email unless they choose to receive such communications from us. When using the Email a Friend tool you are contacting your friend directly and as such you acknowledge that you are responsible for this correspondence and not us. If you provide us with personal information concerning another individual (e.g., email address), you represent and warrant that you have obtained all necessary consents from that individual to enable us to use that personal information for the identified purpose. (f) Customer Support Centre We operate an electronic customer support center to accept and address your questions, concerns, or complaints. When you contact our customer support center, we may ask for personal information to help us respond to your inquiry or to verify your identity. For example, if you have a question about the status of a recent online order, we will ask for personal information to verify that you are the account holder. We may also monitor or record your online or telephone discussions with our customer support representatives for training purposes and to ensure service quality. 

How We Use Your Information

We will not share or disclose your information to anyone except as described in this Privacy Policy.

Supplementing Information

From time to time, we may supplement information you give us with information from other sources, such as information validating your address or other available information you have provided us. This is to help us maintain the accuracy of the information we collect and to help us provide better service. 

Disclosure and Sharing of Your Information

We do not sell or license your personal information to any other party. However, in the normal course of business we may share some of your personal information with our affiliates and with third parties acting on our behalf or as permitted or required by Applicable Privacy Laws. (a) Service Providers We may use third party service providers (for example, web hosting providers, data management providers and/or payment processers) to manage one of more aspects of our business operations, including the processing or handing of personal information. When we do use an outside company, we use contractual or other appropriate means to ensure that your personal information is used in a manner that is consistent with this Policy. Some of these operations may result in personal information collected by us being stored or processed in the United States and, as a result, your personal information may be accessible to law enforcement and regulatory authorities in accordance with the USA PATRIOT Act and other applicable laws of the United States. (b) Information Shared Amongst Our Affiliates, Subsidiaries and Divisions We may share personal information gathered on our Website with and amongst our corporate subsidiaries, affiliates or divisions for internal business purposes in accordance with this Policy. If we do, we will ensure that your information continues to be used only in accordance with this Policy and your expressed choices. (c) Legal Disclosure We may disclose your information as permitted or required by law. For example, we may be compelled to release information by a court of law or other person or entity with jurisdiction to compel production of such information. If we have reasonable grounds to believe information could be useful in the investigation of improper or unlawful activity, we may disclose information to law enforcement agencies or other appropriate investigative bodies. 

Enhanced And Personalized Shopping Experience

We may use Personal Information in order to give you a more enjoyable convenient shopping experience and to help us identify and/or provide information, products or services that may be of interest to you. We use your Personal Information to support and enhance your use of the Site, and its features, the App, and the Store, including without limitation: fulfilling your order; providing customer service; tracking email invitations you send; and otherwise supporting your use of the Site, App, and Store.

We may also track your past purchases to provide you with a personalized profile of your shopping history. In addition, we may notify you about new services or special promotional programs, or send you offers or information. In connection with their performance of services to maintain and operate the Site, the App, and the Store and certain features on the Site, the App, and the Store, certain trusted third parties may be permitted to access your information. For example, we may use third parties to host the Site; operate various features available on the Site and the App; send emails; analyze data; provide search results and links and assist in fulfilling your orders.

Affiliates; Consultants; Third Parties

Unless you specifically consent to the disclosure of your Personal Information, aside from us, only our affiliates, technical consultants, third party auditors and other third parties who make our Site and Store available, enhance its functionality, assist with the processing of your purchases, or provide associated services and/or who deal with you in delivering content, samples, products, gifts and prizes, have access to this information, and we require them to agree that they are covered by this policy.

Sharing Information with Third Parties

Dweller does not sell, rent or lease its customer lists to third parties. Dweller may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Dweller, and they are required to maintain the confidentiality of your information. Dweller may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Dweller or the site; (b) protect and defend the rights or property of Dweller; and/or (c) act under exigent circumstances to protect the personal safety of users of Dweller, or the public.

Law Enforcement And Investigations

Please note that Dweller reserves the right to and may disclose Personal Information about you in response to (a) requests from local, state or federal law enforcement officials; (b) any judicial, administrative or similar proceeding or order, such as subpoena; (c) if required by law; or (d) to investigate suspected fraud, harassment, physical threats, or other violations of any law, rule or regulation, the Site, App, or Store rules or policies, or the rights of third parties or to investigate any suspected conduct which we deem improper.

Non-Personally Identifiable Information

We use non-personally identifiable information in the aggregate, so that we can improve the Site and Store and for business and administrative purposes. We may also use or share with third parties for any purpose aggregated data that contains no personally identifiable information.

Sweepstakes

If you submit your email address to be added to a mailing list or Sweepstakes or other promotion, we will use the email address for the sole purpose of sending you announcements, special offers from Dweller. Each email we send will contain information on how to unsubscribe from our mailing list.

Referrals

If you elect to use our referral services for informing a friend about our Site or Store we ask you for the friend's name and email address. Dweller will automatically send the friend a one-time email inviting them to visit the Site. Dweller stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program.

Use of Cookies

Our Site may pass a "cookie" (a string of information that is sent by a web site to be resident on your system's hard drive, and/or temporarily in your computer's memory blocks). The purpose of a cookie is to tell the web server that you have returned to a particular page. The Site may use cookies in on-line catalogs to keep track of your status and contents of your shopping cart. or to retain information gathered in cookies to allow you access to password-protected areas of the Site. You may set your browser to decline cookies. If you do so, however, you may not be able to fully experience some interactive features of the Site.

How We Protect Your Information

We are committed to protecting the information we receive from you. However, we will not be liable for disclosures of your Personal Information due to errors in transmission or unauthorized acts of third parties. We have undertaken commercially reasonable efforts to prevent unauthorized Internet access to visitor data retained in our servers, however, due to the inherent open nature of the Internet, Dweller cannot ensure or warrant the security of any information you transmit to us or any information provided online, and you do so at your own risk. Users must accept all risks associated with any data transmission, including the risk that their Personal Information may be intercepted in transit.

The Site encrypts your credit card number and other Personal Information using secure socket layer (SSL) technology to provide for the secure transmission of the information from your PC to our servers. In addition, only those employees and third parties who need access to you information in order to perform their duties are allowed such access.

Security Of Personal Information

The security of your personal information is a high priority for us. We maintain appropriate safeguards and current security standards to protect your personal information, whether recorded on paper or captured electronically, against unauthorized access, disclosure, or misuse. For example, electronic records are stored in secure, limited-access servers; we employ technological tools like firewalls and passwords; and we ensure our employees are trained on the importance of maintaining the security and confidentiality of personal information. Reasonably secure methods are used whenever we destroy personal information. For example, we currently use SSL encryption with a 2048 bit digital certificate. 

Accessing and Updating Your Personal Information and Preferences

If you are a registered user, you may access and update your registration information through your portal at dwellerliving.com.

If you have questions on doing that, you can request help by sending email to info@dwellerliving.com. We will take commercially reasonable steps to implement your opt-out requests promptly, but you may still receive communications from us for up to five business days as we process your request.

While we make efforts to accommodate requests to restrict our use of your information, we reserve the right to delete all or any portion of customer information if we are not able to reasonably accommodate a requested restriction.

Enforcement and Dispute Resolution Dweller uses a self-assessment approach to assure compliance with this privacy policy and periodically verifies that the policy is accurate, comprehensive for the information intended to be covered, prominently displayed, completely implemented and accessible and in conformity with the principles. We encourage interested people to raise any concerns using the contact information provided and we will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of Personal Information in accordance with the principles.

Requests for Access to and Correction of Personal Information

Applicable Privacy Laws allows any individual the right to access and/or request the correction of errors or omissions in his or her personal information that is in our custody or under our control. Our Privacy Officer will assist the individual with the access request. This includes: (a) identification of personal information under our custody or control; (b) information about how personal information under our control may be or has been used by us; and (c) the names of any individuals and organizations to which the individual’s personal information has been disclosed. We will respond to requests within the time allowed by Applicable Privacy Laws and will make every effort to respond as accurately and completely as possible. Any corrections made to personal information will be promptly sent to any organization it was disclosed to. In certain exceptional circumstances, we may not be able to provide access to certain personal information it holds about an individual. If access cannot be provided, we will notify the individual making the request within 30 days, in writing, of the reasons for the refusal. 

Removal of Your Information

We keep your information only as long as we need it for legitimate business purposes and to meet any legal requirements. Personal information used to make a decision that directly affects an individual will be kept for at least one year after such a decision. We have retention standards that meet these parameters. We destroy your information when it is no longer needed or required to be kept, or we remove your personally identifiable information to render it anonymous. 

Age of consent

The website and its products are only intended for persons eighteen (18) years of age or older. if you are not at least 18 years old, you are prohibited from: accessing website content, becoming a member or otherwise registering with the website, or purchasing any company product. By doing any of the foregoing, you expressly certify that you are at least 18 years of age.

If you do not agree to the terms and conditions of this agreement, promptly cease accessing or otherwise using the company technology, and/or exit this page before downloading, accessing, using, subscribing or installing the company technology or purchasing products and services from company.

Your Consent 

We will collect, use, or disclose your personal information only with your knowledge and consent, except where required or permitted by Applicable Privacy Laws. When you choose to provide us with your personal information you consent to the use of your personal information as identified in this Policy and as may be further identified at the time of collection. (a) Express Consent Sometimes you will be asked to give your express consent to our collection, use or disclosure of personal information for example, by being asked to check a box to indicate your consent to receive marketing communications. (b) Implied Consent Other times, you may provide your implied consent to our collection, use or disclosure of personal information when we can reasonably conclude that you have given consent by some action you have taken or an action you have decided not to take. Generally, this occurs where the purpose for the use of your personal information would be reasonably apparent to you for example, when you provide us with your email address in the course of a transaction, you provide us with implied consent to send the Deal information for that transaction to you and your email address. (c) Withdrawing Your Consent You may notify us at any time that you wish to withdraw or change your consent to our use and disclosure or your information. We will accommodate your request subject to legal and contractual restrictions related to your transactions. If you have "opted in" or subscribed to one of our mailing lists, we will always provide you the opportunity to "opt out" or unsubscribe. For example, if you receive emails from us, we will provide a link in the email which you can use to unsubscribe from that mailing list. 

Links To Third Party Sites

Our Site may contain links to other web sites, including our affiliated or co-branded web sites. Other web sites may also reference or link to our Site. These "other" domains (web sites) are not controlled by Dweller. We encourage our users to be aware when they leave our Site to read the privacy policies of each and every web site that collects personally identifiable information. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other web sites. Visiting these other web sites is at your own risk.

Site, App, and Store Terms and Conditions

Use of this Site, App, and Store is governed by, and subject to, the legal notices contained in our Terms and Conditions. Your use, or access, of the Site, App, or Store constitutes your agreement to be bound by these provisions. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE OR THE STORE.

Privacy Policy Changes

We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time. If we decide to change our Privacy Policy, we will post the revised Privacy Policy here so that you will always know what information we gather, how we might use that information and whether we may disclose it to anyone. Any changes will be consistent with the stated Principles of the Safe Harbor Agreement. Your continued use of the Site, App, and Store indicates your assent to the Privacy Policy as posted. Please check this page periodically for changes to this Privacy Policy. If we make any change to this Privacy Policy that we in our sole discretion deem material, we will notify you in a manner we deem appropriate.

If you have any questions about the Dweller.co Privacy Policy please contact us at:

info@Dwellerliving.com

Our Site, App, and Store are maintained in Canada/USA. By using the Site, App, or Store you authorize the export of Personal Information to the Canada/USA and its storage and use as specified in this policy. Effective Date: This Privacy Policy is effective and was last updated on May 22, 2024.

You agree to explicitly inform visitors to your site that you have implemented reCAPTCHA on your site and that their use of reCAPTCHA is subject to the Google Privacy Policy and Terms of Use.

By accessing or using the reCAPTCHA APIs, you agree to the Google APIs Terms of Use , Google Terms of Use, and to the Additional Terms below. Please read and understand all applicable terms and policies before accessing the APIs.

DMCA Policy

 

This Digital Millennium Copyright Act policy ("Policy") applies to the dwellerliving.com website ("Website" or "Service") and any of its related products and services (collectively, "Services") and outlines how dwellerliving.com ("we", "us" or "our") addresses copyright infringement notifications and how you ("you" or "your") may submit a copyright infringement complaint.

Protection of intellectual property is of utmost importance to us and we ask our users and their authorized agents to do the same. It is our policy to expeditiously respond to clear notifications of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act ("DMCA") of 1998, the text of which can be found at the U.S. Copyright Office website.

What to consider before submitting a copyright complaint

Please note that under 17 U.S.C. § 512(f), you may be liable for any damages, including costs and attorneys’ fees incurred by us or our users, if you knowingly misrepresent that the material or activity is infringing. If you are unsure whether the material you are reporting is in fact infringing, you may wish to contact an attorney before filing a notification with us.

We may, at our discretion or as required by law, share a copy of your notification or counter-notification with third parties. This may include sharing the information with the account holder engaged in the allegedly infringing activity or for publication. If you are concerned about your information being forwarded, you may wish to hire an agent to report infringing material for you.

Notifications of infringement

If you are a copyright owner or an agent thereof, and you believe that any material available on our Services infringes your copyrights, then you may submit a written copyright infringement notification ("Notification") using the contact details below pursuant to the DMCA by providing us with the following information:

  • Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notification, you may provide a representative list of the copyrighted works that you claim have been infringed.
  • Identification of the infringing material and information you claim is infringing (or the subject of infringing activity), including at a minimum, if applicable, the URL or URLs of the web pages where the allegedly infringing material may be found.
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner's agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf.

All such Notifications must comply with the DMCA requirements. You may refer to a DMCA takedown notice generator or other similar services to avoid making mistake and ensure compliance of your Notification.

Filing a DMCA complaint is the start of a pre-defined legal process. Your complaint will be reviewed for accuracy, validity, and completeness. If your complaint has satisfied these requirements, our response may include the removal or restriction of access to allegedly infringing material as well as a permanent termination of repeat infringers’ accounts. We may also require a court order from a court of competent jurisdiction, as determined by us in our sole discretion, before we take any action. A backup of the terminated account’s data may be requested, however it may be subject to certain penalty fees imposed. The final penalty fee will be determined by the severity and frequency of the violations.

If we remove or restrict access to materials or terminate an account in response to a Notification of alleged infringement, we will make a good faith effort to contact the affected user with information concerning the removal or restriction of access, which may include a full copy of your Notification (including your name, address, phone, and email address), along with instructions for filing a counter-notification.

Notwithstanding anything to the contrary contained in any portion of this Policy, Dweller reserves the right to take no action upon receipt of a DMCA copyright infringement notification if it fails to comply with all the requirements of the DMCA for such notifications.

Counter-notifications

A user who receives a copyright infringement Notification may make a counter-Notification pursuant to sections 512(g)(2) and (3) of the US Copyright Act. If you receive a copyright infringement Notification, it means that the material described in the Notification has been removed from our Services or access to the material has been restricted. Please take the time to read through the Notification, which includes information on the Notification we received as well as instructions on how to file a counter-notifications.

To file a counter-notification with us, you must provide a written communication that sets out the information specified in the list below:

  • Identification of the material that has been removed or to which access has been restricted and the location at which the material appeared before it was removed or access to it was restricted.
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address.
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or restricted as a result of mistake or misidentification of the material to be removed or restricted.
  • A statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to the jurisdiction of any judicial district in which the service provider may be found), and that you will accept service of process from the person or company who provided the original infringement notification.
  • A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf.

Please note that you may be liable for, including costs and attorneys’ fees incurred by us or our users, if you knowingly misrepresent that the material or activity is not infringing the copyrights of others or that the material or activity was removed or restricted by mistake or misidentification. Accordingly, if you are not sure whether certain material infringes the copyrights of others or that the material or activity was removed or restricted by mistake or misidentification, you may wish to contact an attorney before filing a counter-notification.

Notwithstanding anything to the contrary contained in any portion of this Policy, Dweller reserves the right to take no action upon receipt of a counter-notification. If we receive a counter-notification that complies with the terms of 17 U.S.C. § 512(g), we may forward it to the person who filed the original Notification.

The process described in this Policy does not limit our ability to pursue any other remedies we may have to address suspected infringement.

Changes and amendments

We reserve the right to modify this Policy or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Policy on the Website. When we do, we will revise the updated date at the bottom of this page.

Reporting copyright infringement

If you would like to notify us of the infringing material or activity, you may do so via the contact form or send an email to info@dwellerliving.com

This document was last updated on May 22, 2024