Privacy policy

Last Updated: October 13, 2026

This Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your information when You use the Service, and tells You about Your privacy rights and how the law protects You.

We use Your Personal Data to provide and improve the Service. This Privacy Policy describes how Denver Modern collects, uses, and shares information when You visit or make purchases from our website. Your consent to non-essential data collection is obtained separately through our Cookie Banner, as described below.

Tracking Technologies, Pixels, and Session Recording (Notice at Collection & CIPA Notice)

When You visit, browse, or interact with our Service, We and our service providers use cookies, pixels, tags, software development kits (SDKs), web beacons, server-side tracking, and session-recording technologies ("Tracking Technologies") to collect information about Your device, Your browser, Your interactions with our website, and the content You view or submit. These Tracking Technologies may record, in whole or in part:

  • Pages You visit and the time spent on each page;
  • Clicks, mouse movements, scrolling, taps, and keystrokes (excluding fields We mask, such as password and payment fields);
  • Search queries, filters, and free-text You enter into search bars, chat windows, contact forms, and product reviews;
  • Items You add to Your cart, wishlist, or purchase;
  • Your IP address, approximate location, device identifiers, browser type, operating system, and referral source;
  • Communications You initiate with Us through on-site chat, video, or messaging features.

By clicking 'Accept' or 'Accept All' on our Cookie Banner, You consent to the recording, interception, capture, storage, and sharing of Your interactions with our website by Us and our third-party service providers as described in this Privacy Policy. This consent is provided for purposes of, and satisfies, the prior-consent requirement of the California Invasion of Privacy Act (Cal. Penal Code §§ 630–638), including its provisions related to wiretapping, eavesdropping, and pen registers / trap-and-trace devices, as well as analogous laws in other states. You may withdraw this consent at any time by adjusting Your cookie preferences, clicking the "Do Not Sell or Share My Personal Information" link, enabling Global Privacy Control (GPC) in Your browser, or contacting Us using the information at the end of this Policy.

We conduct quarterly audits of our Tracking Technology implementations to verify that consent signals are being honored correctly and that no tracking fires prior to consent for visitors from jurisdictions requiring opt-in consent, including through server-side consent enforcement via our tag management infrastructure, to ensure compliance with opt-in and opt-out signals, including Global Privacy Control.

We use a third-party consent management platform (CMP) to display the Cookie Banner, to record Your consent choices, and to apply those choices across our Service. The CMP stores a consent record (including a timestamp, the categories You accepted or declined, and a unique consent identifier) so that We can demonstrate Your choices if required by law or regulation. You may request a copy of Your consent record at any time by emailing [email protected].

What Happens If You Decline Non-Essential Cookies

If You decline non-essential cookies:

  • Core website functionality, product browsing, cart, and checkout remain fully available.
  • You will not receive personalized advertisements from Denver Modern on other websites.
  • Session recording, behavioral analytics (Microsoft Clarity, Noibu), and advertising retargeting pixels will not fire during Your visit.
  • Essential cookies for cart, account, and fraud prevention will continue to function regardless of Your consent choice.

If You do not consent to these Tracking Technologies, please exit the website or decline non-essential cookies in our Cookie Banner before continuing to use the Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

  • Account means a unique account created for You to access our Service or parts of our Service.
  • Business, for the purpose of the CCPA, refers to the Company as the legal entity that collects Consumers' personal information and determines the purposes and means of the processing of Consumers' personal information, that does business in the State of California.
  • Company (referred to as either "the Company," "Denver Modern," "We," "Us," or "Our") refers to Denver Modern, LLC, 3857 Steele Street, Suite 1287, Denver, CO 80205. For purposes of the GDPR, the Company is the Data Controller. For purposes of the Colorado Privacy Act, Virginia Consumer Data Protection Act, and similar US state privacy laws, the Company is the "Controller."
  • Consumer, for the purpose of the CCPA, means a natural person who is a California resident. Residents of other US states may be "Consumers" under their own state privacy laws.
  • Cookie Banner means the consent management interface displayed on the Service that allows You to accept, decline, or customize the use of cookies and Tracking Technologies.
  • Cookies are small files that are placed on Your computer, mobile device, or any other device by a website.
  • Country refers to: Colorado, United States.
  • Data Controller, for purposes of the GDPR, refers to the Company as the legal person which determines the purposes and means of the processing of Personal Data.
  • Device means any device that can access the Service, such as a computer, a cellphone, or a digital tablet.
  • Do Not Track (DNT) is a concept promoted by US regulatory authorities for the Internet industry to develop a mechanism allowing internet users to control tracking of their online activities across websites.
  • Facebook Fan Page is a public profile named Denver Modern, accessible from facebook.com/thedenvermodern.
  • Global Privacy Control (GPC) means a browser-based signal that communicates a consumer's preference to opt out of the sale or sharing of Personal Data and processing for targeted advertising.
  • Personal Data (also "Personal Information") is any information that relates to an identified or identifiable individual.
  • Sale (and "Sell") has the meaning given under the CCPA, the Colorado Privacy Act, and similar state privacy laws.
  • Sensitive Personal Information generally includes precise geolocation, racial or ethnic origin, religious beliefs, health information, biometric or genetic data for identification purposes, and sexual orientation.
  • Service refers to the Website, all subdomains, mobile-optimized pages, checkout pages, customer account pages, email and SMS communications We send, and any related online services.
  • Service Provider means any natural or legal person who processes the data on behalf of the Company. For GDPR and US state privacy laws, Service Providers are considered "Processors."
  • Share (and "Sharing") has the meaning given under the CCPA/CPRA and similar state laws.
  • Third Party has the meaning given under applicable US state privacy laws.
  • Tracking Technologies has the meaning set forth in the section above.
  • Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself.
  • Website refers to Denver Modern, accessible from denvermodern.com.
  • You means the individual accessing or using the Service. Under GDPR, You can be referred to as the Data Subject. Under CCPA/CPRA, "You" includes a "Consumer" who is a California resident.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data. While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You, including:

  • Email address
  • First name and last name
  • Phone number
  • Address, State, Province, ZIP/Postal code, City
  • Usage Data

In addition, You agree to our Messaging Terms.

Usage Data. Usage Data is collected automatically when using the Service. Usage Data may include information such as Your Device's Internet Protocol address (IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers, and other diagnostic data.

When You access the Service through a mobile device, We may collect certain information automatically, including the type of mobile device You use, Your mobile device unique ID, the IP address, mobile operating system, mobile Internet browser, and other diagnostic data.

Tracking Technologies and Cookies

We use Cookies and similar Tracking Technologies to track activity on Our Service and store certain information. The technologies We use may include:

  • Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies, but some parts of our Service may not function properly.
  • Flash Cookies. Certain features of our Service may use local stored objects to collect and store information about Your preferences or activity.
  • Web Beacons. Small electronic files that permit Us to count users who have visited those pages or opened an email and for other related website statistics.
  • Session-Recording & Heatmap Tools. Third-party services (such as Microsoft Clarity and Noibu) record Your interactions with our Service to help Us understand how visitors use the Service and diagnose errors.
  • Advertising & Retargeting Pixels. Third-party advertising platforms (Meta, Google, TikTok, Pinterest, Microsoft, MNTN, Northbeam, and others) place pixels on our Service.
  • Server-Side / First-Party Tracking. Certain providers (Blotout EdgeTag, Opensend) use server-to-server event collection and first-party identifiers.

We use both Session and Persistent Cookies for the following purposes:

  • Necessary / Essential Cookies (Session, administered by Us): essential to provide services and authenticate users.
  • Cookies Policy / Notice Acceptance Cookies (Persistent, administered by Us): identify if users have accepted the use of cookies.
  • Functionality Cookies (Persistent, administered by Us): remember choices You make to provide a more personal experience.
  • Tracking and Performance Cookies (Persistent, administered by Third-Parties): track information about traffic and how users use the Website.
  • Targeting and Advertising Cookies (Persistent, administered by Third-Parties): track Your browsing habits to show relevant advertising.

You may manage Your preferences through our Cookie Banner or the "Cookie Preferences" / "Do Not Sell or Share My Personal Information" link in the website footer.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

  • To provide and maintain our Service.
  • To manage Your Account.
  • For the performance of a contract.
  • To contact You by email, phone, SMS, or push notifications.
  • To provide You with news, special offers, and general information.
  • To manage Your requests.
  • To deliver targeted advertising to You.
  • For business transfers (mergers, acquisitions, etc.).
  • For other purposes such as data analysis, identifying usage trends, and improving our Service.

We may share Your Personal Data with: Service Providers; in connection with business transfers; with Affiliates; with business partners; with other users (in public areas); or with Your consent.

Retention of Your Personal Data

  • Order and transaction data: 7 years (tax and accounting requirements).
  • Customer accounts: For the life of the account plus 2 years of inactivity.
  • Marketing contacts: Until You opt out, plus a short suppression-list retention.
  • Analytics and advertising data: Generally 14–26 months.
  • Session recordings (Microsoft Clarity, Noibu): Generally 30–90 days.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

Disclosure of Your Personal Data

Business Transactions. If the Company is involved in a merger, acquisition, or asset sale, Your Personal Data may be transferred.

Law Enforcement. The Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities.

Other Legal Requirements. The Company may disclose Your Personal Data in good faith to: comply with a legal obligation; protect and defend the rights or property of the Company; prevent or investigate possible wrongdoing; protect the personal safety of Users or the public; or protect against legal liability.

Security of Your Personal Data

The security of Your Personal Data is important to Us, but no method of transmission over the Internet or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Third-Party Services and Data Sharing

We share or make available certain Personal Data with the third-party service providers below. Each provider acts as either a Service Provider/Processor or, where required, as a Third Party to whom data is "Sold" or "Shared" for cross-context behavioral advertising. You may opt out by clicking "Do Not Sell or Share My Personal Information" in the website footer.

  • Google Analytics / Google Tag Manager — Website usage analytics, conversion measurement.
  • Microsoft Clarity — Session recording, heatmaps, behavioral analytics.
  • Meta (Facebook & Instagram) — Advertising, retargeting, conversion tracking, aggregated conversion modeling. For visitors who decline marketing cookies, server-side events may still be transmitted to Meta using privacy-preserving parameters (opt_out signal) for aggregated conversion modeling only.
  • Google & YouTube Ads — Advertising, retargeting, conversion tracking.
  • TikTok — Advertising, retargeting, conversion tracking.
  • Pinterest — Advertising, retargeting, conversion tracking.
  • Microsoft Advertising (Bing Ads) — Advertising and conversion tracking on Bing/Microsoft properties.
  • MNTN — Connected-TV and programmatic advertising.
  • Blotout EdgeTag — First-party server-side event collection and identity stitching.
  • Opensend — Visitor identification and email retargeting (only for visitors who have provided prior consent or who have not opted out).
  • Klaviyo — Email and SMS marketing, transactional messaging, customer profiles.
  • Alia — On-site email/SMS capture and gamified engagement.
  • Intelligems A/B Testing — Price testing, content experimentation, personalization.
  • Tolstoy — Interactive video and shoppable video.
  • Wishlist Plus — Wishlist functionality.
  • Shopify Collabs — Influencer/affiliate partnerships and attribution.
  • Rakuten Affiliate Tracking — Affiliate marketing attribution.
  • Google reCAPTCHA — Bot detection and fraud prevention.
  • Google Places — Address lookup and autocomplete.
  • Gorgias — Customer support ticketing.
  • Shopify Payments, PayPal, Apple Pay, Google Pay — Payment processing, fraud prevention.
  • Blotout — Display Cookie Banner, record and enforce consent preferences, honor Global Privacy Control.

Privacy information for the providers above:

SMS / Text Message Marketing

If You provide Your mobile number and consent to receive text messages from Us (through Klaviyo, Alia, or similar providers), We may send You marketing, promotional, cart-recovery, and transactional messages. Message and data rates may apply. Message frequency varies. Reply STOP to unsubscribe at any time. Reply HELP for help. Carriers are not liable for delayed or undelivered messages. Your mobile information will not be sold or shared with third parties for their own marketing purposes.

Mobile information will not be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Sensitive Personal Information

We do not knowingly collect or process Sensitive Personal Information (as defined under CCPA, CPA, VCDPA, and similar laws) — such as precise geolocation, racial or ethnic origin, religious beliefs, health information, biometric or genetic data, or sexual orientation — for purposes of inferring characteristics about You. If We collect any data that may be considered sensitive (e.g., approximate location derived from IP address), We use it only for the purposes of providing the Service, fraud prevention, and security, and not for targeted advertising or Sale.

Your US State Privacy Rights

Depending on the US state in which You reside, You may have additional rights regarding Your Personal Data. As of the date of this Policy, the following US states have comprehensive consumer privacy laws: California (CCPA/CPRA), Virginia (VCDPA), Colorado (CPA), Connecticut (CTDPA), Utah (UCPA), Iowa (ICDPA), Indiana, Tennessee, Montana, Oregon, Texas (TDPSA), Delaware, New Hampshire, New Jersey, Kentucky, Maryland, Minnesota, Rhode Island, Nebraska, and Florida (FDBR, narrower scope).

Subject to verification of Your identity and certain legal exceptions, You generally have the right to:

  • Know / Access the categories and specific pieces of Personal Data We have collected about You;
  • Correct inaccurate Personal Data;
  • Delete Personal Data We have collected from You;
  • Portability — receive a copy of Your Personal Data in a portable format;
  • Opt out of "Sale" or "Sharing" of Personal Data and of processing for targeted advertising;
  • Opt out of profiling that produces legal or similarly significant effects;
  • Limit the use of Sensitive Personal Information;
  • Appeal a denial of any of these requests;
  • Be free from discrimination for exercising any of these rights.

How to Exercise Your Rights

  • Click "Do Not Sell or Share My Personal Information" in our website footer;
  • Adjust Your cookie preferences in our Cookie Banner;
  • Email [email protected] with the subject line "Privacy Request"; or
  • Write to Denver Modern, LLC, 3857 Steele Street, Suite 1287, Denver, CO 80205.

Universal Opt-Out / Global Privacy Control

We honor browser-based opt-out signals such as Global Privacy Control (GPC) as a valid request to opt out of the Sale and Sharing of Personal Data and of processing for targeted advertising.

Authorized Agents

You may designate an authorized agent to make a request on Your behalf. We may require the agent to provide proof of authorization and may require You to verify Your own identity directly.

Appeals

If We decline to act on Your request, You may appeal Our decision by replying to Our response or contacting Us at [email protected] with "Privacy Appeal" in the subject line.

California Invasion of Privacy Act (CIPA)

The California Invasion of Privacy Act (Cal. Penal Code §§ 630–638) generally prohibits the recording or interception of communications without the consent of all parties. By clicking 'Accept All' on our Cookie Banner, You expressly consent, on behalf of Yourself and any other party to Your communications with our website, to the recording, interception, capture, storage, analysis, and sharing of those communications.

You may withdraw consent at any time by clicking "Reject All" in our Cookie Banner, enabling GPC, clicking "Do Not Sell or Share My Personal Information" in the footer, or emailing [email protected].

CCPA Privacy (California Residents)

This section supplements the information contained in Our Privacy Policy and applies solely to California residents.

Categories of Personal Information Collected

  • Category A: Identifiers — Collected: Yes.
  • Category B: California Customer Records — Collected: Yes.
  • Category C: Protected classification characteristics — Collected: No.
  • Category D: Commercial information — Collected: Yes.
  • Category E: Biometric information — Collected: No.
  • Category F: Internet or other similar network activity — Collected: Yes.
  • Category G: Geolocation data — Collected: No (beyond approximate location derived from IP address).
  • Category H: Sensory data — Collected: No.
  • Category I: Professional or employment-related information — Collected: No.
  • Category J: Non-public education information — Collected: No.
  • Category K: Inferences drawn from other personal information — Collected: Yes (for marketing personalization and product recommendations).

Sources of Personal Information

  • Directly from You (forms, preferences, purchases).
  • Indirectly from You (observing Your activity).
  • Automatically from You (cookies, pixels, Tracking Technologies).
  • From Service Providers.

Sale and Sharing of Personal Information

Because We use third-party advertising and analytics pixels, some of Our data practices may constitute a Sale or Share under California law. We may Sell or Share Categories A, B, D, F, and K. You may opt out by clicking "Do Not Sell or Share My Personal Information" in our footer, adjusting Your cookie preferences, or enabling GPC.

Sale of Personal Information of Minors Under 16

We do not Sell or Share the personal information of Consumers We actually know are less than 16 years of age, unless We receive affirmative authorization (the "right to opt-in").

GDPR Privacy (EU / UK / EEA Residents)

Legal Basis for Processing

  • Consent — You have given Your consent for processing Personal Data.
  • Performance of a contract — Provision of Personal Data is necessary for the performance of an agreement.
  • Legal obligations — Processing is necessary for compliance with a legal obligation.
  • Vital interests — Processing is necessary to protect vital interests.
  • Public interests — Processing relates to a task carried out in the public interest.
  • Legitimate interests — Processing is necessary for legitimate interests pursued by the Company.

Your Rights under the GDPR

  • Request access, update, or deletion of Your Personal Data.
  • Request correction of Personal Data.
  • Object to processing.
  • Request erasure.
  • Request data portability.
  • Withdraw consent at any time.

Facebook Fan Page

The Company is the Data Controller of Your Personal Data collected while using the Service. As operator of the Facebook Fan Page, the Company and Facebook are Joint Controllers. Visit the Facebook Privacy Policy for more information.

"Do Not Track" Policy (CalOPPA)

Our Service does not respond to browser Do Not Track (DNT) signals because no industry standard has been adopted. However, We do honor Global Privacy Control (GPC) signals.

Children's Privacy

Our Service is not directed to children under the age of 16, and We do not knowingly collect Personal Data from children under 16 for targeted advertising, Sale, or Sharing. If You believe We have collected information from a child under 16, please contact [email protected] and We will delete it.

California Shine the Light

Under California Civil Code Section 1798, California residents with an established business relationship with Us can request information once a year about sharing their Personal Data with third parties for direct marketing purposes.

California Privacy Rights for Minor Users

California Business and Professions Code Section 22581 allows California residents under the age of 18 who are registered users of online services to request and obtain removal of content or information they have publicly posted. To request removal, contact Us using the information below. Removal does not ensure complete or comprehensive removal of all content or information posted.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. We strongly advise You to review the Privacy Policy of every site You visit. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

Changes to This Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page and updating the "Last Updated" date at the top. You are advised to review this Privacy Policy periodically for any changes.

Contact Us

If You have any questions about this Privacy Policy, You can contact Us: