LAST UPDATED – 5 September, 2023
For residents in California, please see our notice under Section 16 headed “CALIFORNIA PRIVACY RIGHTS”.
We are pleased that you have visited our online shop and are interested in our products. We would like to inform you about the personal data we collect, for which purposes we process your personal data, and your choices.
the categories of sources from which we collect personal data
the categories of personal data we collect through the Platform and services
our purposes for collecting personal data
the types of information we may share with others and under what circumstances
how we protect, store, and retain that information
details regarding our use of third-party cookies and other tracking technologies
the categories of personal data we sold or shared to third parties
the categories of third parties with whom we may sell or share your personal data
our purposes for selling or sharing personal data
the categories of personal data that we disclosed for our business purposes
the categories of parties we have disclosed personal data to for our business purposes
the choices you have regarding our collection, use, and sharing practices
1. WHO IS RESPONSIBLE FOR YOUR PERSONAL DATA?
Esprit US Retail Inc. is responsible for your personal data, the purposes described in this statement and for the compliance with local data protection laws. Our Data Protection Officer can be contacted at firstname.lastname@example.org.
2. PERSONAL DATA WE COLLECT
The categories of personal data we may collect and process (but only to the extent and in a manner consistent with applicable law) are as follows:
Personal Identifiers and Personal Details: We may collect personal identifiers and relevant personal characteristics, including your name, email and physical address, telephone number, and unique identifiers.
Log and Usage Information: We collect information about your use of the Platform, such as the type of browser you use, IP address, access times, pages viewed, items placed in your cart, links clicked, browser type and information, operating system, and the referring URL (the webpage you visited before navigating to the Platform). We also collect information regarding user traffic patterns and site usage. This information is used to analyze, administer and improve our Platform and services, to provide our customers with a fulfilling shopping experience, to analyze trends, to gather demographic information about our user base as a whole, to personalize the Platform and services, our communications with you, and your shopping experience and as more fully described in Section 4 headed “HOW WE USE YOUR PERSONAL DATA.”
Payment Information: We may collect billing information through our payment processor, such as your account number, credit card number, expiration date, card verification number, and billing address if you make a purchase.
Transaction Information: When you purchase or return a product, we collect information about you, your account, and the transaction, such as product details and the date and location of the purchase or return. We may also collect your order history, such as what products you have purchased or services you browsed through our Platform. We may also collect your product and service preferences.
Demographic Information. We may collect demographic information, such as your age, date of birth or gender, where necessary.
Geolocation information. We may automatically collect information about your geolocation when you access the mobile version of our Platform, including by using GPS and WiFi technology. We also collect information about your general location using your IP address and your zip code.
Communication Information. We may monitor or record communications made using Esprit communications and computing devices and systems (such as our phone devices and email systems). For example, we may monitor and record audio during customer service calls for quality assurance and feedback purposes.
Inferences. We may draw inferences from any of the above categories in connection with the purposes stated as to such categories.
Where required, we obtain your consent and/or allow you to opt-in or opt-out of the processing of your personal data as described below. We collect these categories of personal data to carry out the purposes described in Section 4 below headed “HOW WE USE YOUR PERSONAL DATA.”
If you participate in a contest or other program that we offer, we may, in addition to the above, collect the information to administer such events, or as otherwise disclosed at the time of collection, such as contact information, preferences, addresses, and other information you provide to us.
3. HOW WE COLLECT PERSONAL DATA FROM USERS
We collect personal data that you disclose to us when you use the Platform or our services through the Platform and in any physical stores. We collect personal data you give us or permit us to access. We may also collect personal data regarding your interaction with us and use of our products. For example, you provide personal data for processing your order when you make purchases with us; when you request information; when you register or sign up for our events or newsletters; and when you create and/or log into your online account. We also collect your personal data if you apply to work at Esprit or at any of the Esprit Group via our careers pages at [INSERT LINK TO CAREERS PAGE]. For further details of the personal data that we collect and process, please see Section 2 headed “PERSONAL DATA WE COLLECT.” We may use the personal data you provide to us to create a user profile. In this context, we may combine the personal data you give us online with other information we hold or obtain from other entities, including regarding transactions and communications collected or processed by any member of the Esprit Group and authorized service providers or subcontractors.
4. HOW WE USE YOUR PERSONAL DATA
We may use personal data for the following purposes:
If you decide to become a registered user of our Platform, we need to process your personal data to identify you as a user of the Platform and grant you access to its various functionalities, and the products and services available to you as a registered user. You may cancel your registered user account by contacting us through Customer Service on the Platform or at the Contact Us Section below.
When you place an order via our Platform, your personal data will be collected, processed and used to fulfill your order through us, for the performance and execution of the purchase contract you entered into with us or our authorized fulfilment service providers on the Platform.
To contact you for updates or informative notices related to functionalities, products or services, including offering you surveys and to be able to establish the degree of customer satisfaction with the provided service.
To manage payment of the products that you purchase, regardless of the payment procedure used. For example: If you purchase any of our products through the Platform, and you opt to activate the functionality of saving your payment data and your shipment address for future purchases, where this functionality is available, we, U.S. Direct E-Commerce Limited (trading as “ESW”) (our international seller for orders shipped outside the United States) and/or our third party payment processors need to process the personal data and other indicated data for activation and development of that functionality. Consent to the activation of this functionality enables your autocompleted payment data to appear in subsequent purchases so that you do not need to introduce them in each new process, and this personal data will be deemed valid and effective for subsequent purchases. You may change or cancel your payment data at any time through the section on payment information of your Platform registered user account.
To activate the mechanisms necessary to prevent and detect unauthorized uses of the Platform (for example, during the purchase and returns process) as well as potential security issues or fraud being committed against you, another person and/or against us. If we consider that the transaction may be fraudulent or we detect abnormal behavior which indicates attempted fraudulent use of our features, Platform, products or services, this processing may result in consequences such as the blocking of the transaction or the deletion of your user account.
To manage exchanges or returns and to manage look up features for particular articles and reservation of products through the Platform, depending on the availability of such options from time to time.
For invoicing purposes and to make available to you the receipt and invoices of the purchases you have made.
To ensure that you are able to use other available functionalities or services, such as the purchase, receipt, management and use of gift cards or vouchers.
To process your personal data to meet requests or applications that you make through the Customer Service channels. If you contact us via telephone, the call may be recorded so that we can respond to your request. If it is available and you choose to communicate with our Customer Service through the chat service of a social network or another collaborator, some of your personal data such as your name or username, will be imported from your social network or collaborator account. Also, bear in mind that the personal data you submit on such services will be available to your social network or collaborator and is subject to their privacy policies; therefore, we recommend that you review your privacy settings and read the social network or collaborator privacy policies to obtain more detailed information about their use of your personal data when using their services.
If you have elected to or in some jurisdictions, opted-in to receive direct marketing communications from us, your personal data may be used to send you information about us and/or to receive the latest news on Esprit branded promotions and products. We may send you such information by means of e-newsletters, e-mails and postal mail based on your jurisdiction and/or your preferences. If you decide not to receive such communications or updates from us, you can contact us at any time or by using the unsubscribe option included in each email.
Your personal data may also be used for the following purposes:
Providing you with customer service and related service in the course of our business, including, but not limited to, services relating to your order, delivery, payment, product exchange or return and product preferences;
Providing you with the technical and functional management of the Platform;
Providing you with our marketing materials and information related to products, offers, sales, promotions, newsletters, upcoming events and discounts;
Conducting research, surveys, audits, reviews and analyses of your experience with our services and products;
Gathering users’ statistics for the purpose of future marketing and promotion and future development of our services and Platform;
Meeting disclosure obligations and other requirements imposed by or for the purposes of any laws, regulations, rules, regulations, codes of practice or guidelines binding on us (whether applicable in or outside the United States and Canada) including making disclosures to any legal, regulatory, governmental, tax, law enforcement or other authorities;
Investigating, preventing or stopping fraud, security incidents and abuse;
Other purposes for which we notify you or for which you provide your consent;
Bookkeeping and other operational purposes.
You may instruct us to refrain from using your personal data in any way that is not required for us to provide the Platform or our services to you. We will not refuse you access to any product or service merely because you have advised us to stop using your personal data in any way that is not required for the Platform, services or other legal purpose.
5. WHO HAS ACCESS TO YOUR PERSONAL DATA
We use unrelated or third party service providers for certain processing activities on our behalf to operate the Platform and provide services, such as website hosting, order and return processing, analytics service, payment processing, fulfilment of products or services, delivering content, management of the Platform, and customer service (including chat features). The handling of your personal data by such parties, their affiliates and/or their agents (if necessary) will be governed by our agreements with them, which require our service providers to use or disclose personal data only as necessary to perform services on our behalf or to comply with legal obligations.
We may engage third-party payment processors for the purpose of processing your payments made via the Platform or in our stores from time to time. The personal data, which contains your payment information including but not limited to your credit/debit card number, holder’s name and card verification number, will be passed directly to such payment processors, their affiliates and/or their agents (if necessary) solely to complete the transaction and related activities.
To facilitate the purposes set out in this Section, we may transfer, disclose, grant access to or share your personal data with the third parties set out in this section, and you acknowledge that those parties may be based outside the United States or your province or territory in Canada (including outside of Quebec, for residents of Quebec). Such transfers may make that information subject to disclosure laws in those jurisdictions. You may contact our Privacy or Data Protection Officer (whose contact information is provided above) to obtain information about our policies and practices regarding our transfer of personal data outside of your jurisdiction, or to ask questions about the collection, use, disclosure or storage of personal data by us or our foreign service providers.
Where your personal data is transferred pursuant to this section, we take steps to ensure that the third party recipients residing outside of Canada or the United States use and process your personal data with a standard of protection at least equivalent to the protection that you would receive under local law.
6. HOW WE PROTECT YOUR PERSONAL INFORMATION
We utilize appropriate administrative, technical and physical safeguards and security measures designed to protect the personal data you provide on the Platform. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security.
We will keep your personal data for the time necessary as described in Section 12 below. We may store and process your personal data in the United States, Canada, any member states of the European Union and/or other foreign countries that provide hosting or other services to us.
For example, the Personal Data you provide when you sign up for an Esprit account will be stored in the United States, Canada and any member states of the European Union, and also by other Esprit Group entities and our cloud service providers located inside and outside of the United States and Canada for the purpose of authenticating your account and signing you in. In these circumstances, we will take appropriate steps to ensure that your personal data is protected. Typically, such steps include carrying out data security reviews of service providers and putting in place contracts to ensure they employ the same or similar appropriate technical and organizational measures as Esprit Group. However, where personal data is stored or processed outside of the United States or Canada (whether by us or a service provider), it is subject to the laws of that foreign jurisdiction, and may be accessible to that jurisdiction’s governments, courts, or law enforcement or regulatory agencies.
7. DATA TRANSFER
The Platform may be operated, in whole or in part, from a country other than the United States or Canada, and it may be necessary to transfer your information to a country or province/territory outside of the country or province/territory where it was originally collected or outside of your country or province/territory of residence or nationality. Regardless of where you live, you consent to having your personal data transferred to, processed and stored outside the United States or your province or territory of residence in Canada, and you acknowledge that such transfers may make your personal data subject to applicable disclosure laws in those jurisdictions. The information that you provide us may be transferred to any of our affiliated entities around the world for the purposes of carrying out or facilitating the delivery of our products and services.
8. CHILDREN AND MINORS
As a general rule, we do not intentionally collect personal data from individuals under the age of legal majority in their place of residence or from children under 14. If we become aware that we have inadvertently collected personal data from minors or children, we will take steps to delete such information in compliance with applicable law.
9. SOCIAL MEDIA WEBSITES, PLATFORMS OR CHANNELS
10. PRODUCT REVIEW AND CUSTOMER SATISFACTION SURVEYS
Your opinion is important to us, whether it is about your satisfaction with your shopping experience with us, our products and services overall, or your views and impressions around the fashion world. Therefore, from time to time, we provide customer surveys where you can express your opinion on various topics. Insofar as this is necessary within the framework of the customer survey or you wish us to do so, we will collect your name, surname, telephone number and e-mail address. If you wish, we will use this data so that we can subsequently contact you personally. We also collect personal data about which end device, operating system and browser you used in order to understand how high the participation rates of the different end devices are and to be able to further optimize our surveys for the respective end devices and browser types. We also collect personal data on how you interact with our surveys, (i.e., how long you stay on individual question pages and on which survey page you answer). We may use or share the collected data in deidentified, anonymized, and/or aggregated forms.
11. COOKIES AND DATA TRACKING TECHNOLOGIES
Generally, transient cookies – including, “session cookies” – are automatically deleted when you close your Internet browser, or when a session has expired. These cookies store a so-called session ID, with which various enquiries of your internet browser can be allocated to the joint session. In this way, your computer or device can be recognized again if you return to our Platform. The session cookies are usually deleted when you log out or close the Internet browser. The following data may be stored and transmitted via session cookies such as: log-in information; language settings; visitor ID; and time stamp with the start and end of the current session.
The use of analytics cookies is carried out for the purpose of personalizing and improving the quality of our Platform and its contents. From the cookie analysis, we find out how the Platform is used and can so therefore consistently optimize our offers. Without your consent in Canada, a collection of analysis data is merely carried out in a pseudonymized form.
You can set your browser so that it does not accept unnecessary cookies. However, please note that in the case of the non-acceptance of cookies, the functionality of our Platform may be restricted.
Pixel tags (sometime called web beacons or clear GIFs) are tiny graphics with a unique identifier, similar in function to cookies. While cookies are stored locally on a device, pixel tags are embedded invisibly within web pages and online content. We may use these, in connection with our Platform to, among other things, track the activities of users, help us manage content and compile usage statistics. We may also use these in e-mails we send to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.
We and our third parties may use the information we collect on our Platform and on other third party sites and services to help identify other devices that are used (e.g., a mobile phone, tablet, other computer, etc.). This information may be used for advertising, marketing, analytics and measurement purpose.
There are industry solutions available for opting out of interest based advertising. Visitors to our Platform may follow the steps provided by initiatives that educate users on how to set tracking preferences for most online advertising tools. These resources include Your Online Choices in the EU (https://www.youronlinechoices.eu/), the Network Advertising Initiative (https://thenai.org/about-online-advertising/) and the Digital Advertising Alliance (https://digitaladvertisingalliance.org/) in the US, the Digital Advertising Alliance of Canada (https://youradchoices.ca/en/learn), or other similar services. Cookie-based opt outs must be performed on each device and browser. Your opt-out may not be effective if your browser is configured to reject cookies. California residents should see additional choices listed below.
To the extent required by the applicable privacy and data protection laws of your jurisdiction of residence, we will ask for and obtain your consent before processing your personal data using any of the technologies listed in this section.
12. TIME FOR WHICH THE PERSONAL DATA ARE KEPT
We will keep your personal data as long as necessary to fulfil the purposes described herein, unless a longer or shorter retention period is required by law, is necessary in the course of legal proceedings or is otherwise needed for a particular purpose under applicable law.
13. WHEN YOU PROVIDE US WITH PERSONAL DATA OF THIRD PARTIES OR VICE VERSA
15. YOUR RIGHTS IN RELATION TO YOUR PERSONAL INFORMATION
To protect your personal data and privacy, certain requests cannot be processed if we are required to retain the personal data for legal reasons or if we cannot verify your identity. We may ask additional verification questions if we have reasonable doubts about your identity in order to protect all personal data and rights of our consumers.
Opting Out and Unsubscribing from Marketing Messages: All our direct marketing communications (e.g., email or text messages) contain an easy way to let you opt out from receiving future messages, such as a link through which you can unsubscribe or text STOP, as applicable. If you would like to opt out of receiving our marketing messages, you may change your account settings or use the unsubscribe method contained in the messages or emails you have received. Alternatively, you can contact us using details set out below.
Exceptions: Please note that if you choose to opt out of receiving marketing communications in the manner explained above, we will continue to send you transactional messages such as information about your orders in the United States. In Canada, we will continue to process your personal data, in particular, to allow us to understand your interests and preferences (if you have given your consent for such uses, and only until you also opt out of those uses), but we will stop using your personal data to send you personalized or non-personalized marketing messages, and if you would like us to stop such processing in part or in full, please refer to the “Deletion of Information / Withdrawal of Consent” section below.
Advertising Choices: Please see the Cookies and Tracking Technologies section.
Access and Correction of Personal Data and Exceptions: Upon request, we will provide you with a summary of personal data collected and retained by us regarding you. You may modify, correct, or update your personal data or request to have your personal data removed from our database unless an exception exists. In some situations, we may not be able to provide access to certain personal data (e.g., if disclosure would reveal personal data about another individual, the personal data is protected by solicitor or client privilege, the personal data was collected for the purposes of an investigation, where disclosure of the information would reveal confidential commercial information or another valid exception exists). We may also be prevented by law from providing access to certain personal information. Where an access request is refused, we will notify you in writing, document the reasons for refusal and outline further steps which are available to you.
Deletion of Information/Withdrawal of Consent: We will delete your personal data upon receiving your request using the contact details set out below. We will consider and where necessary, comply with your request in accordance with applicable law including any applicable exceptions.
16. CALIFORNIA PRIVACY RIGHTS:
Last Updated: September 4, 2023
California law provides consumers residing in California with specific rights regarding their “personal information.” This section is intended to provide Notice at Collection (“CA Notice”), which provides additional notices to California consumers, describes their rights under the California Consumer Privacy Act, as amended (“CCPA”) and explains how to exercise those rights. In the event of a conflict between any other Esprit policy, statement or notice and this CA Notice, this CA Notice will prevail as to California consumers and their rights under the California law. Persons with disabilities may obtain this CA Notice in alternative format upon request by contacting us at email@example.com.
California Shine the Light
Although we do not currently share your information for other companies’ direct marketing purposes, residents of California have the right to request information from us regarding other companies to whom we have disclosed certain categories of information during the preceding year for the other companies’ direct marketing purposes. If you are a California resident and would like to make such a request, please email firstname.lastname@example.org or write to us at:
[160 Varick Street, 4th Floor, New York City, NY 10013]
Categories of Personal Information Collected
We may have collected the categories of personal information listed below within the last twelve (12) months.
Identifiers, such as name, physical address, unique personal identifier (such as pixels, cookies, web beacons), IP address, email address, phone number, customer number, account name, ID card information or other similar identifiers.
Categories of personal information described in the California Customer Records Statute (California Civil Code Section 1798.80), including physical characteristics.
Commercial information, including purchasing habits, payment methods, and billing information.
Internet and other similar network activity, such as browsing history.
Audio, thermal and visual information, such as recorded customer services calls, and security videos from our stores.
Inferences derived from the above information to create consumer profiles reflecting certain preferences and behaviors.
To the extent permitted by applicable law, we will retain your personal information only for as long as we believe it is necessary to fulfill the purposes for which it was collected, including for the purpose of meeting any legal, accounting, or other reporting requirements or obligations.
Business or Commercial Purpose for Collecting, Sharing, and Selling Information
We may collect and disclose personal information for the following business and commercial purposes: carrying out our obligations arising from any contracts, auditing our products and services, detecting security incidents, debugging and fixing errors, research, identifying fraudulent transactions, activities to maintain the quality of our products and services, and encouraging and enabling purchases, subscriptions to newsletters, operational purposes, and other commercial transactions and as described above in Section 5 headed “WHO HAS ACCESS TO YOUR PERSONAL DATA.”
Additional business purposes for which we collect, use, and disclose personal information include: disclosing personal information as required or permitted by applicable law, with government or private parties to comply with applicable law or legal process, and to the consumer or other parties at the consumer’s request. For more details, please see Section 4 headed “HOW WE USE YOUR PERSONAL DATA.”
Categories of Sources of Personal Information
We collect personal information directly from you, for example when you make purchases with us, interact with our customer service, sign up for an account with us or subscribe to our newsletter; automatically when, for example, you browse our Platform, make purchases from us, or sign-in to our Platform using your social media account; and from third-party sources, such as, advertising networks; Internet service providers; data analytics providers; government entities; operating systems and platforms; social networks; data brokers; affiliates and subsidiaries, and other users whom we notify you of or to which you consent. For example, social media companies when you sign up to our Platform using your social media account. For more details, please see Section 3 headed “HOW WE COLLECT PERSONAL DATA FROM USERS.”
Categories of Third Parties to Whom We Disclose Information
We may disclose your personal information to certain third parties, including advertising networks, data analytics providers, social networks, law enforcement, advisors and agents, regulators, government entities and law enforcement, affiliates and subsidiaries, internet service providers, operating systems and platforms, other users and our corporate affiliates as well as service providers for certain processing activities on our behalf to operate the Platform, such as website hosting, order and return processing, payment processing, delivery of fulfilment of products or services, delivering content, management of the Platform, for a business or commercial purpose.
In the last 12 months, we have disclosed to third parties described above, for a business or commercial purpose, the types of personal information described in the paragraph headed “Categories of Personal Information Collected” above. The personal information provided to our service providers is limited to that personal information which is necessary for them to provide the services, and our service providers have contractually agreed not to use your personal information other than as necessary to provide the applicable services to us. For more details, please see Section 5 headed “WHO HAS ACCESS TO YOUR PERSONAL DATA.”
Categories of Personal Information Sold or Shared with Third Parties
Esprit does not sell and has not sold your personal information or transferred personal information to third parties to use for their own benefit in the preceding 12 months. Esprit also does not share your personal information for targeted or cross-context behavioral advertising. Relatedly, we do not knowingly sell or share Personal Information of California residents under 16 years of age.
Please see Section 11 headed “COOKIES AND DATA TRACKING TECHNOLOGIES” above for information about the collection and use of personal information by third parties who process information collected by cookies and similar technologies that we permit them to use on the Platform.
Your California Consumer Rights
The sections above describe the categories of personal information we collect, the categories of sources from which the personal information is collected, our purposes for processing each category, whether we sell or share personal information, whether we have disclosed personal information for a business purpose, the categories of recipients, and our retention periods.
Right to Know: With respect to the personal information we have collected about you, you have the right to request from us, subject to certain exceptions:
Categories of personal information about you we have collected;
Categories of sources from which we have collected that personal information;
Our business or commercial purposes for collecting, selling, or sharing that personal information;
Categories of personal information about you that we have disclosed about you and the categories of persons or vendors to whom it was disclosed for a business purpose;
Categories of third parties to whom we have disclosed that personal information; and
A copy of the specific pieces of your personal information we have collected about you.
You may submit a request for this information as described below. To protect your personal information, we may request additional information to verify your identify before we act on your request. To the extent legally required, we will provide a copy of the personal information we have collected about you, in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another entity without hindrance. We may provide this data to you via email to the email address you have provided with your request.
Right to Correct: You have the right to request that we correct inaccuracies in your personal information we maintain about you. In response to your request, we may request additional information showing that the information you want to correct is inaccurate.
Right to Delete: Subject to certain conditions, exceptions, and legal obligations imposed by state or federal privacy and employment laws, you may have the right to request deletion of personal information that we have collected about you. We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.
California consumers who are registered users of the Platform and are under 18 years of age may request the removal of content or information they posted on the Platform. We will remove such content or information when we are required to do so by law. To request the removal of content or information you posted on the Platform, you may contact us as described below. Please note that even if we remove the content or information that you posted, we cannot prevent further use or disclosure of that content or information by others once you have shared it publicly.
Right to Opt-Out of Sale or Sharing of Personal Information with Third Parties: You have the right to opt out of the sale or sharing of your personal information by Esprit to third parties. We do not sell or share your personal information, as those terms are defined under California law. To exercise this right, please visit the “Do Not Sell or Share My Personal Information” link on our webpage or email us at email@example.com.
Right to Limit Use and Disclosure of Sensitive Personal Information. You have the right to direct us to limit our use of your sensitive personal information to that use which is necessary to fulfill the purposes reasonably expected by an average consumer who requests those goods or services. California law considers the following pieces of personal information to be “sensitive:” social security number, driver’s license number or other government-issued identification number, financial account number, any health insurance or medical identification number, an account password, security questions and answers, or unique biometric data. We use sensitive personal information only as it is necessary to fulfill the purposes for which it was collected, and we do not use it to infer characteristics about you.
Right to Non-Discrimination: We will not discriminate against you for exercising any of the rights described in this section.
Submitting Privacy Rights Requests
California consumers may make the above request by contacting us by either: Calling us at [1-888-914-9661], access code: , emailing us at firstname.lastname@example.org, or filling out a Consumer Data Request Form available here.
To protect your privacy and comply with the CCPA, we may need to verify your request, including your identity. The verifiable consumer request, if required, must:
Provide sufficient information that allows us to reasonably verify your identity as the person whom we collect personal information, and in the cases for more sensitive or important personal information, we require that be done in a high degree of certainty. We do this in a number of ways, depending on how we have interacted with you in the past including requiring you to log into your account, if you have one, or matching information we have in our records with information you provide to us. We use personal information you provide during verification to keep a record of your request; and
Describe your request with enough detail that allows us to properly understand, evaluate, and respond to it.
Please note that we may not be able to fully respond to your right to know request if we cannot verify your identity consistent with the CCPA’s standards for verification and security and confirm that the personal information relates to you.
Consistent with the CCPA and our interest in the security of your personal information, we will not deliver to you your government-issued id number, financial account number, an account password, or security questions or answers, in response to a CCPA request; however, we will confirm whether or not we are processing your personal information. We will not collect additional personal information from you for the sole purpose of your exercising your rights under the CCPA. Similarly, we will not require you to create an account of any sort, solely for the purpose of exercising your rights under the CCPA.
Using an Authorized Agent
You may use an authorized agent to exercise your rights under the CCPA. We may request evidence from the authorized agent that you have provided that agent with signed permission to submit the requests on your behalf. We may ask you to verify your identify with us directly or we may ask you to directly confirm with us that you provided the authorized agent permission to submit the request. We reserve the right to deny requests, where we reasonably suspect that the request is fraudulent. For the protection of our customers, we must receive all information requested and must verify an agent’s legal authority to our satisfaction consistent with what the CCPA requires or permits before we can fulfill a request by an authorized agent.
We may offer rewards, discounts, and other benefits (collectively, “Rewards”) to our customers who subscribe to our newsletters and marketing communications and participate in any contests, programs, or similar rewards programs (collectively, “Financial Incentives”). When you participate in our Financial Incentives, we collect your personal information, such as identifiers like your name and email address, as well as commercial information like your purchasing habits and product preferences.
Participation in Financial Incentive programs requires your prior opt-in consent, which you have the right to withdraw at any time. You can opt into a Financial Incentive by following instructions provided in connection with the sign-up, and you may opt-out of the incentive at any time by contacting us as set out above. We will provide additional terms and conditions for a Financial Incentive program when you sign up. We equate the value of personal information collected in connection with a Financial Incentive program to our cost of operating the program (excluding the value of the benefits provided, many of which are intangible and vary from time-to-time and person-to-person), and deem the value of the benefits as reasonably related to the value of personal information collected based on the voluntary nature of program participation.
We will not discriminate against you for exercising any of your CPRA rights in connection with the Financial Incentives including by:
Denying you goods or services;
Charging you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
Providing you a different level or quality of goods or services;
Suggesting that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Global Privacy Control
Global Privacy Control (“GPC”) is a technical specification that you can use to inform sites of your privacy preferences regarding ad trackers. To set up GPC, you can visit the Global Privacy Control page at https://globalprivacycontrol.org/. If you do choose to set up GPC, we will turn off all non-required cookies on our site through our OneTrust tool found at the bottom of our webpage. Please note that this may impact the functionality of our sites or your account. We process the commonly used and industry standard GPCs, but because this is new technology and new providers may offer solutions, we will do our best to recognize, process, and honor a GPC that meets the legal standards and is widely adopted in the industry.
Do Not Track Notice
Some web browsers have “do not track” features that allow you to tell a website not to track you. At this time, we do not respond to Do Not Track browser settings or signals, but if you have GPC enabled browser, we will honor that request.
17. CANADIAN PRIVACY RIGHTS
If you contact us via telephone, the call may be recorded for quality purposes and so that we can respond to your request.
If you are a resident of the province of Quebec or are otherwise subject to the Quebec Act respecting the protection of personal data in the private sector, there are additional rights available to you in addition to those listed above:
You can request data portability, meaning that you have the right to receive a copy of your personal data in a structured, commonly used and machine readable form and, if technically feasible, to transfer such personal data to another party at your request; and
You can request deindexation or cessation of dissemination of your personal data, meaning that, under certain circumstances, you can ask that we cease to disclose any of your personal data or that we deindex any hyperlink associated with your name and allowing to access your personal data, if such disclosure is prohibited by law or otherwise deemed harmful.
Information about our Privacy Governance Practices
We are committed to protecting personal information and have implemented a comprehensive set of policies and practices that govern our treatment of personal information. These policies and procedures include, among other things, the following:
We have implemented policies and procedures to protect personal information in our custody and control from unauthorized access, use or disclosure.
We have implemented processes to respond to data subject requests and complaints in a timely and effective manner.
We have implemented a framework for the retention and destruction of personal information to ensure compliance with legal obligations, and to securely destroy personal information once no longer required.
We have designated a [Data Protection Officer] who is responsible for overseeing the company’s compliance with privacy legislation.
We have implemented a privacy framework that defines the roles and responsibilities for our employees with respect to the treatment of personal information.
We provide our employees with regular privacy training and awareness.
18. NEVADA RESIDENTS
If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal data to third parties who intend to license or sell that personal data. You can exercise this right by contacting us at email@example.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your personal data as sales are defined in Nevada Revised Statutes Chapter 603A. If you have any questions, please contact us as set forth below.
19. CONTACT US
Our contact details are: email: firstname.lastname@example.org, Attn: Data Protection Officer
Last updated 9/4/2023