1. INFORMATION COLLECTED
2. COOKIES AND OTHER SESSION IDENTIFIERS
We, and third parties we allow, utilize a technology called a "cookie" that is a piece of information that is placed on your browser when you access the Sites. In many cases, the information collected using cookies (and related technologies) is used in non-identifiable ways, without reference to Personal Information. For example, we use the information we collect about users of the Sites to optimize our Sites and to understand traffic and usage patterns. In other cases, we may associate the information we collect using cookies and related technologies with Personal Information.
We also use Adobe Analytics to measure the performance of the Sites, to share relevant information and advertising with you based on your and other visitors' past visits to the Sites, and help us measure your interactions with any Company advertising you see on other websites. For further information on Adobe Analytics and to opt out, please click here: https://www.adobe.com/privacy/opt-out.html.
We recommend that you leave cookies turned on as they allow you to take advantage of some of the features of the Sites. However, you have the ability to control the use and moderation of our cookies. If you elect not to allow cookies to be placed as provided herein, you may not be able to use or enjoy all of the services and features of the Sites. You can configure the settings on your browser (i) to notify you when you are receiving new cookies, (ii) to disable cookies, or (iii) to delete cookies. Please refer to your Web browser's help section for information on how to do this.
3. HOW WE USE THE INFORMATION COLLECTED
We may use your Personal Information in the following ways:
4. HOW WE SHARE YOUR INFORMATION
Order Fulfillment and Fraud Protection: If you choose to make a purchase on the Sites, we may collect from you your credit card number, billing address, and other information related to such purchase, and we may use such collected information in order to fulfill your purchase. We may also provide such information, or other Personal Information provided by you, to unaffiliated third parties as necessary to complete your purchase (for example, to process your credit card). In addition, we may share your Personal Information with fraud protection services to assist us in preventing fraud and protecting our customers from credit card fraud. Business Transfers: As with any business, it is possible that as our business develops, we might sell, assign, buy, transfer, or otherwise acquire or dispose of certain businesses or corporate assets. In the event of such or similar events, Personal Information may be part of the transferred assets. Agents, Consultants, and Related Third Parties: As noted above with respect to our eCommerce service provider, we sometimes engage other companies to perform certain business-related functions on our behalf so that we can focus on our core business. Examples of these services include but are not limited to payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, website evaluation, data analysis, and, where applicable, data cleansing. In connection with services those partners provide for us, we may provide or otherwise give them access to certain Personal Information. Third-Party Marketers, Partners, and Other Third Parties: We may share your Personal Information with other marketers, partners, and other third parties, whose products or services we feel may be of interest to you. These third-party marketers, partners, and other third parties may use your Personal Information for their own purposes or further disclose your information to other third parties. If you prefer that we not share your Personal Information with these types of parties, please email us at [email protected] Legal Requirements: We may disclose your Personal Information if required to do so by law, in responding to a subpoena or request from law enforcement, court, or government agency, or in the good faith belief that such action is necessary (i) to comply with a legal obligation, (ii) to protect or defend our rights, interests or property or that of other customers or users, (iii) to act in urgent circumstances to protect the personal safety of users of the Sites or the public or (iv) to protect against legal liability or potential fraud, as determined in our sole discretion.
5. HOW TO ACCESS, CORRECT, AND UPDATE YOUR PERSONAL INFORMATION
You can access, correct and/or update certain Personal Information that you have provided to us by clicking on "Update Account" within the "My Account" area of the Sites. California residents may also refer to the section entitled "Your California Privacy Rights."
6. STEPS TAKEN TO KEEP YOUR INFORMATION SECURE
We have implemented information security measures that contain administrative, technical, and physical controls that are designed to reasonably safeguard your Personal Information. Even though we take significant steps to protect this information, no company, including us, can fully eliminate all security risks associated with Personal Information. No data transmission over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us. Any information that you transfer to us is done so at your own risk. If you have reason to believe that your Personal Information that we have collected or our system security has been breached, please email us at [email protected]
7. YOUR CHOICES AND INDIVIDUAL RIGHTS
You have several choices available when it comes to your Personal Information. We will honor the choices you make regarding your Personal Information. If you have created and maintained a user account on the Sites, you will be able to sign in and update your account (including contact) information. You may also write to us at the address provided in Section 14 to update your contact information or to change your subscription preferences. In addition, you may:
Limit the Personal Information You Provide: You can use the Sites and limit the Personal Information you provide either by disabling cookies or by not registering an account with us. If you choose to limit the Personal Information you provide and/or to disable cookies, you may not be able to use certain functionalities of the Sites. For instance, in order to purchase goods and services on the Sites, payment and shipping information must necessarily be provided. Manage Your Subscription Preferences: We may send your information by email or text message. If you provide your mobile phone number and ask to receive information by text message, we may provide information in that manner. Opt Out of Marketing Emails: For email marketing, you will have an opportunity to change your subscription preferences by clicking on an "unsubscribe" hyperlink contained in all promotional emails sent by us or on our behalf. Please note that while we honor all subscription requests as timely as possible, it may take up to ten (10) business days to become effective. Please be aware that even if you opt-out of receiving future promotional communications, you may, if you utilize the eCommerce features of the Sites, be sent transactional communications related to the purchase or shipment of items purchased. Thus, if you order online, we will send you an email confirming your order and may contact you by phone, email, or regular mail if we have questions about your order. Additionally, an opt-out will not remove you from messages that we are required to send under relevant laws or regulations. You may ask us not to contact you by text message at any time by responding to a text message after it is received. For automated text messages, you will have the opportunity to opt-out by replying "STOP" to any message received. We will also send you a confirmatory message in response to any opt-out request. We will process your unsubscribe request as soon as possible but may receive a few more messages until the unsubscribe request is fully processed. Social Media & Other Public Platforms: You may manage the sharing of certain Personal Information with us when you connect with us through a social media platform or application, such as through Facebook Connect. Please refer to the privacy settings of the social media website or application to determine how you may adjust your permissions and manage the interactivity between us and your social media platform(s) or application(s). If you post information to public forums, including social media platforms, that information may become available to all who access such platform pages.
8. LINKING TO OR FROM THIRD PARTY SITES
The Sites may contain links to websites not operated or controlled by us (the "Third-Party Sites"). We are not responsible for the privacy practices, content, or actions of Third-Party Sites; rather, the owners and operators of all Third-Party Sites are responsible for all Personal Information provided, collected, maintained, stored, or otherwise disclosed on those sites. The links on the Sites do not imply that we endorse or have reviewed the Third-Party Sites, including their privacy policies. If you have any questions about how these Third-Party Sites use your Personal Information, you should contact the operators of those sites directly for information.
9. HOW WE RESPOND TO DO NOT TRACK SIGNALS
Please note that our Sites do not support "Do Not Track" browser settings and do not currently participate in any "Do Not Track" frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your Personal Information.
10. CHILDREN"S PRIVACY
We do not knowingly collect Personal Information of any user under 13 years of age. If you have reason to believe that a child under the age of 13 has provided Personal Information to us, please contact us through the methods provided in Section 14 for removal of that information.
11. ACCESSING THE SITES FROM OUTSIDE OF THE UNITED STATES
Please be aware that your information may be transferred to and maintained on servers or databases located outside your state, province/territory, or country. If you are located outside of the United States, please be advised that we process and store Personal Information in the United States. By using our websites, you agree to the collection, use, transfer, and disclosure of your Personal Information, browsing information, and that communications will be subject to the applicable laws in the United States.
13. YOUR CALIFORNIA PRIVACY RIGHTS
The California Consumer Privacy Act of 2018 ("CCPA"), and other California privacy laws, provide California residents with specific rights concerning their personal information. This section describes your rights, how you may exercise those rights, and how we handle your Personal Information. Terms used in this section have the meanings given to them in the CCPA.
If you are a California resident, we may have collected the following categories of information from you within the past 12 months and disclosed or shared the information to the third parties indicated:
Identifiers, such as your name, aliases, postal address, email address, online identifier, Internet Protocol address, account name, or other similar unique personal identifiers. We may disclose this information to payment processors and to providers of internet, marketing, order fulfillment, and administrative services. Personal information categories listed in the California Customer Records statute, such as credit card signatures, inferences about physical characteristics derived from the information you provide regarding style selections and clothing or footwear sizes, and credit card or debit card number. We may disclose this information to payment processors, providers of internet, marketing, and administrative services. Commercial information, such as products or services you purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. We may disclose this information to payment processors and providers of order fulfillment and marketing services. Internet or other similar network activity, such as browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. We may disclose this information to internet service providers, payment processors, and advertising networks. Geolocation data, such as information pertaining to location. We may disclose this information to internet service providers, order fulfillment services providers, and advertising networks. Audio and visual information, such as video recordings made of customers while they are visiting our stores. These recordings are maintained in an anonymized form. We may disclose this information to third parties as needed to protect our rights and the rights and safety of our customers and employees. Inferences drawn from other personal data, such as customer profiles reflecting shopping preferences and behavior. We may disclose this information to advertising networks in aggregated and/or anonymized form. Protected classifications under California law, such as information for human resources requirements related to age, race, veterans status, or gender. We may disclose this information to providers of human resources administrative services.
Additional categories of third parties to whom the Personal Information may be disclosed include fraud prevention providers, government entities, cloud storage providers, email distribution service providers, sweepstakes or contest sponsors, operating systems and platforms, social networks, web hosting service providers, customer service management providers, and cybersecurity service providers.
If you are a California resident, the CCPA grants you the rights discussed below with regard to your Personal Information (the CCPA does not currently extend these three rights to certain categories of information, such as employee or job applicant data or business to business data):
Right to Access: You have the right to request, up to two times in a 12-month period, that we disclose to you the categories of Personal Information we have collected about you, the categories of sources from which it is collected, the purpose for collecting such information, and the categories of third parties with whom we share such information. You also have the right to know if we have sold your Personal Information or disclosed your Personal Information for a business purpose and, if so, the categories of Personal Information we sold or disclosed for a business purpose. You also have the right to request the specific pieces of Personal Information we have collected about you and the third parties to whom we may disclose Personal Information. Right to Delete: You have the right to request that we delete your Personal Information that we may collect from you, subject to applicable legal exceptions. Right to Opt-Out of the Sale of Personal Information: You have the right to "opt-out" of the "sale" of your Personal Information" to third parties (as those terms are defined in the CCPA). We do not transfer your Personal Information to third parties in exchange for monetary compensation, but we do share personal information with companies in order to help us market or advertise to you. We do not have actual knowledge that we sell personal information of minors under 16 years of age.
We do not discriminate against you for exercising any of your California privacy rights, and we will not deny you goods or services, charge you a different price, or provide you with a lesser quality of goods or services if you exercise any of those rights. However, we may offer you certain financial incentives permitted by the CCPA that may result in different prices, rates, or quality levels. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.
To submit a request to exercise any of these rights, click here or email us at [email protected] We may take steps to verify your identity before completing your request for access or deletion and may ask for you to confirm the data points we already have about you. You may designate an authorized agent to make a request on your behalf. Authorized agents must be registered with the California Secretary of State. We may deny a request from an agent that does not submit written proof that they have been authorized by you to act on your behalf.
14. CONTACTING US
Attention: Legal Department
5600 Argosy Circle, Building #100
Huntington Beach, CA 92649
Monday thru Friday 7 am to 6 pm (PST)