Privacy Notice for California Residents
Effective Date:January 1, 2020
This Notice does not apply to employment-related personal information collected from California-based employees, job applicants, contractors, or similar individuals (see Employee Handbook).
Information We Collect
Our Site collects information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ("personal information"). Personal information does not include:
Publicly available information from government records.
Deidentified or aggregated consumer information.
In particular, our Site has collected the following categories of personal information from its consumers within the last twelve (12) months:
All Site Users: First and last name, Internet Protocol (IP) address, email address, account name and password (if they wish to create an account),
Job Applicants Only: Postal address.
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||
All Site Users: First and last name,
Job Applicants Only: Physical characteristics or description (if you choose to apply for one of our positions using LinkedIn), postal address, telephone number, education, employment, employment history
Some personal information included in this category may overlap with other categories.
|C. Protected classification characteristics under California or federal law.||
All Site Users:
Job Applicants Only: Race (voluntary), color (voluntary), ancestry (voluntary), national origin (voluntary), citizenship
|F. Internet or other similar network activity.||
Site Users Only: Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
|G. Geolocation data.||
All Site Users: Physical location or movements.
|I. Professional or employment-related information.||
Job Applicants Only: Current or past job history or performance evaluations.
|K. Inferences drawn from other personal information.||
All Site Users: Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Our Site obtains the categories of personal information listed above from the following categories of sources:
Directly from you. For example, from forms you complete to create an account with us, contact us, subscribe to our newsletter, send an invitation to a friend via any send-to-a-friend functionality on our Site.
Indirectly from you. For example, from observing your actions on our Site.
From our affiliates.
Third party websites or applications through functionalities we have implemented on our Site that allow you to connect with our Site using your account with the third party website, such as when you wish to post a comment on one of our blogs using your Facebook, Google or other account with a third party operator.
Use of Personal Information
We may use, sell, or disclose the personal information we collect for one or more of the following purposes:
To fulfill or meet the reason you provided the information. For example, if you share your email address to subscribe to our newsletter, receive special offers or promotional and marketing materials on our behalf or on behalf of third parties, or to be informed of new products, services or upcoming events, we will use that personal information for the purpose for which you shared it with us.
To enable you to participate in a variety of the Site’s features, such as to participate in online entry sweepstakes, contests and other promotions.
To provide, support, personalize, and develop our Site and Site offerings.
To create, maintain, customize, and secure your account with us.
To improve merchandise selections and your overall shopping experience on our Site.
To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
To identify your product and Site preferences so that you can be informed of new or additional products, services, and promotions.
To personalize your Site experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Site, third-party sites, and via email (with your consent, where required by law).
To help maintain the safety, security, and integrity of our Site, products and services, databases and other technology assets, and business.
For testing, research, analysis, and product development, including to develop and improve our Site, products, and services.
To contact you with regard to your use of the Site and, in our discretion, changes to the Site and/or the Site’s policies;
To notify you of product recalls and provide you with other information concerning products you have purchased.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
As described to you when collecting your personal information or as otherwise set forth in the CCPA.
Where you have provided us with information as part of an online application for employment or internship, to allow us to make an informed decision about whether to proceed with your application.
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 held by us about our Site users is among the assets transferred.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
We may disclose your personal information to a third party for a business purpose or sell your personal information, subject to your right to opt-out of those sales (see Personal Information Sales Opt-Out and Opt-In Rights). When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. The CCPA prohibits third parties who purchase the personal information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.
We share your personal information with the following categories of third parties:
Third parties, such as third party clothing brands, when you access pages from our Site and click on a link linking you to third party websites and/or apps
Internet cookie data recipients, such as Google Analytics.
Social media companies.
Network advertisers and ad exchanges that display advertisements to you.
Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:
Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category C: Protected classification characteristics under California or federal law.
Category F: Internet or other similar network activity.
Category G: Geolocation data.
Category H: Sensory data.
Category I: Professional or employment-related information.
Category K: Inferences drawn from other personal information.
We disclose your personal information for a business purpose to the following categories of third parties:
Service providers to assist us in Site operations, to manage a database of customer information, to host out Site, to design and/or operate the Site’s features for us, to track our Site’s activities and analytics, to enable us to send you special offers or perform other administrative services, or to assist us in maximizing our business potential.
Third parties, such as third party clothing brands, when you access pages from our Site and click on a link linking you to third party websites and/or apps.
Internet cookie data recipients, such as Google Analytics.
Social media companies.
Sales of Personal Information
In the preceding twelve (12) months, we have sold the following categories of personal information:
B. California Customer Records personal information categories.
F. Internet or other similar network activity.
G. Geolocation data.
K. Inferences drawn from other personal information.
We sell your personal information to network advertisers and ad exchanges that display advertisements to you.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:
The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting or selling that personal information.
The categories of third parties with whom we share that personal information.
The specific pieces of personal information we collected about you (also called a data portability request).
If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
sales, identifying the personal information categories that each category of recipient purchased; and
disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
Emailing us at email@example.com
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
Making a verifiable consumer request does not require you to create an account with us.
We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In Rights.
Exercising Access, Data Portability, and Deletion Rights
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 45 days), we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Personal Information Sales Opt-Out and Opt-In Rights
If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the "right to opt-out"). We do not sell 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") from either the consumer who is at least 13 but not yet 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.
To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link:
Once you make an opt-out request, we will do our utmost to wait at least twelve (12) months before asking you to reauthorize personal information sales; however, please be aware that opting out enables restricted data processing, a setting that can only be retained for the duration of your session within your chosen browser. It cannot be applied across browsers or devices, and may be lost if you refresh your browser settings.
Once you have opted out, you may change your mind and opt back in to personal information sales at any time by:
You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
Other California Privacy Rights
California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org.
Changes to Our Privacy Notice
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice's effective date. Your continued use of our Site following the posting of changes constitutes your acceptance of such changes.