Privacy Policy

Last Updated: February 15, 2022

Welcome! You have arrived at a website, mobile app or other service provided by Johnnie-O, Inc. (Delaware Corporation) ("Company" or "we," "our" or "us"). This "Privacy Policy" governs your use of the Company's website (including both mobile and online versions), including affiliates, and any interactive features, mobile applications, and/or other services that we make available through a site that posts a link to this Privacy Policy (each, a "Site"). This Privacy Policy also applies to personal data we may collect from you in our retail stores (each a "Store" or collectively, "Stores"), via phone calls with our Customer Service representatives, and Company sponsored events, including through official surveys and Promotion entry forms, or in any other instance when you contact us. It also applies to personal data that we may collect from sources other than directly from you.

This Privacy Policy describes what personal data we collect about you, why we collect it, how we use it, and under what circumstances we may share it with third parties. This Privacy Policy also describes the choices you can make about how we use your information. To the extent we provide you notice on our Site of different or additional privacy policies or practices (e.g., at the point of our collection), those additional terms shall govern such data collection and use. You may modify communication preferences online in your account settings or by contacting a Customer Service Representative (Contact Us).

In addition, please review the Site's Terms of Use, which is the contract that governs your use of the Site. By using our Site, you consent to our Privacy Policy and Terms of Use and our collection, use and sharing of your information and data, and other activities, as described below. Residents of California, Nevada and Canada should review our location-specific notices below. We do not provide products or services to or process personal data from residents of the European Union ("EU") and European Economic Area ("EEA").

LINKABLE TABLE OF CONTENTS

1. Information We Collect
   1. Information You Provide to Us
   2. Information We Collect When You Use the Site
   3. Location-Based Information
   4. Information We Collect from Third Parties
   5. Information We Collect When You Interact with Third-Party Sites
   6. Information You Provide About a Third Party
2. How We Use the Information We Collect
3. Sharing of Information with Third Parties
   1. When You Request We Share with Third Parties
   2. Third Parties Providing Services to Company
   3. To Protect the Rights of Company and Others
   4. Affiliates and Business Transfer
   5. Sweepstakes, Contests and Promotions
   6. Marketing Providers
   7. Direct Mail Partners
   8. Third-Party Marketing Partners
   9. Advertising Networks
   10. Analytics Providers
   11. Sharing for Recruitment Purposes
4. Information You Disclose Publicly
   1. User Content and Public Information
   2. Name and Likeness
5. Ads and Information About You
6. Third-Party Content and Links to Third-Party Sites
7. California Privacy Rights
8. Do Not Track
9. Your Nevada Opt-Out From Sale of Personal Information Rights
10. Transfer of Information to and from the United States
11. Children's Privacy
12. Security
13. Updating and Modifying Your Personal Data and Communication Preferences
14. What About Changes to the Privacy Policy?
15. Supplemental Privacy Notice for Residents of Canada

FULL PRIVACY POLICY

1. INFORMATION WE COLLECT

(a) Information You Provide to Us

We may ask you to provide us: (i) your first and last name, email address, home or other mailing address, telephone number, mobile number, credit and debit card numbers and date of birth or other information that could reasonably be used to identify you personally (hereinafter "personal data"); and/or (ii) demographic information, such as information like your gender or product preferences ("Demographic Information"). We may collect this information from you at various times and places, such as when you:

• Make a purchase through the Site or in a Store;
• Submit account registration forms or otherwise save your information with us on our Site or in a Store;
• Sign up or request to be placed on our mailing, SMS text and/or email marketing lists;
• Sign up for a loyalty program;
• Participate in a survey or Promotion;
• Contact us regarding a question or concern such as when you make inquiries concerning our merchandise or services;
• Participate in any location services we offer (e.g., to provide you with information about new Store openings near you and inform you of new products and promotions that may be of interest to you based on your location); or
• Submit an application for employment.

Your decision to provide us with information is voluntary, but if you choose not to provide requested information we may not be able to provide all of the Site’s features, including purchasing products or services from us.

(b) Information We Collect When You Use the Site

In addition to information that you choose to submit to us, we automatically receive and store certain information when you visit or interact with the Site ("Usage Information"). Usage Information is stored on and accessed from your personal computer, laptop, tablet, mobile phone or other device (a "Device") whenever you visit or interact with our Site. Usage Information includes:

• your IP address, unique device ID or other unique identifier ("Device Identifier") (A Device Identifier is a number that is automatically assigned to your Device used to access the Site, and our computers identify your Device by its Device Identifier);
• your Device functionality (including browser, operating system, hardware, mobile network information);
• the areas within our Site that you visit and your activities there, including remembering you and your preferences;
• your Device location;
• your Device characteristics; and
• other Device data, including the time of day you visit our Site.

We use various methods and technologies to store or collect Usage Information ("Tracking Technologies"). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. The Tracking Technologies used on the Site, include, without limitation, the following (and subsequent technology and methods later developed):

• Cookies
  A cookie is a file placed on a Device to uniquely identify your browser and to store information on your Device. Our Site may use HTTP cookies, HTML5 cookies, Flash cookies and other types of cookie technology to store information on local storage. Regular cookies may generally be disabled or removed by tools that are available as part of most commercial browsers, and in some (but not all) instances can be blocked by selecting certain settings. Each Device and browser you use will need to be set separately and different browsers offer different functionality and options. Please note that these tools may not be effective with regard to Flash cookies or HTML5 cookies. For information on disabling Flash cookies, visit www.adobe.com. Please understand that if you disable or remove any type of cookie, some parts of our Site may not function properly, and that when you revisit our Site your ability to limit cookies may be subject to your browser settings and limitations.

• Web Beacons
  A Web Beacon is a small tag (which may be invisible to you) that may be placed on our Site's pages and messages. Web beacons may be used by us for a number of purposes, including to count visitors to the Site, to monitor how users navigate the Site, to count how many emails that were sent by us were actually opened or to count how many particular links were actually viewed.

• Embedded Scripts
  An embedded script is programming code that is designed to collect information about your interactions with the Site, such as the links you click on within our Site. The code is temporarily downloaded onto your Device from our web server or one of our third party service providers, is active only while you are connected to the Site, and is deactivated or deleted thereafter.

• ETag, or entity tag
  An Etag or entity tag is a feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of Device Identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash and/or HTML5 cookies.

• Browser Fingerprinting
  Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other similar data, for purposes of identification.
  
• Recognition Technologies
  Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user).
  

We use the above Tracking Technologies (or ones we incorporate in the future):

• to allow you to use and access the Site;
• for the prevention of fraudulent activity and improved security functionality;
• to allow you to make use of shopping cart functionality;
• to assess the performance of the Site, as part of our analytic practices and to improve the content, products or services offered through the Site;
• to identify you when you visit or sign-in to our Site;
• to keep track of your specified preferences and to track your online activities over time and across third-party sites; and
• to deliver content, including ads, relevant to your interests on our Site and third party sites based on how you interact with our advertisements and/or content.

(C) Location-Based Information

Our Site collects and uses information on your location to deliver you relevant content and advertising based on your location as part of the location-based services we offer. For example, we use your location information to display our nearest Store location to you. You have the ability to turn location-based services on and off by adjusting the settings of your Internet browser or mobile device or by following the standard uninstall process and if applicable, removing all Company applications from your mobile device.

(d) Information We Collect from Third Parties

We may also receive information about you from your friends and other third parties that use the Site, and combine or link that information with information we have about you (for example, fulfillment of a wish list). Additionally, we supplement information we collect directly from you on our Site with outside records from third parties for purposes of enhancing our ability to market to you, serve you, to tailor our content to you and to offer you opportunities that may be of interest to you. To the extent we combine information we receive from third parties with your personal data, the combined information, unless disclosed otherwise, will be treated as personal data under this Privacy Policy.

(e) Information We Collect When You Interact with Third-Party Sites

The Site may include functionality that allows certain kinds of interactions between the Site and your account on a third-party website or application (for example, the link to Facebook or Twitter). The use of this functionality may involve the third-party site providing information, including personal data such as first and last name, email address, mailing address, geographic location, search history, browser information, and other information to us. For example, we may provide links on the Site to facilitate sending a communication from the Site, or we may use third parties to facilitate emails, Tweets or Facebook, Instagram, or Pinterest postings.

(f) Information You Provide About a Third Party

If you send someone else a communication from the Site, such as an invitation to a friend or if you purchase a gift for another person, the information you provide (e.g., names, email addresses, mobile number, etc.) will be used to facilitate the communication. You need to ensure that you have the recipient's permission to use his or her information for this purpose. Please be aware that when you use any such functionality on our Site, your email address, mobile number, name or username and message may be included in the communication sent to any addressee(s).

2. HOW WE USE THE INFORMATION WE COLLECT

We use your personal data, Demographic Information and Usage Information for purposes of:

• Processing, tracking and completing purchase, return and similar transactions;
• Sending you marketing information about Company and other third parties we work with, including through direct mail offerings;
• Sending you email communications such as electronic newsletters about our products, services, events, loyalty programs and Promotions;
• Enabling you to participate in the Site's features such as surveys and Promotions;
• Improving the effectiveness of our Site, marketing endeavors and service offerings;
• Offering you location-based services (e.g., to provide you with information about new Store openings near you);
• Processing Site account registration, including, without limitation, loyalty program applications;
• Providing customer service, including responding to your inquiries regarding our merchandise or services;
• Notifying you of product recalls or providing other information concerning products you have purchased;
• Sending you information about orders you have made on the Site;
• Identifying your product and service preferences, providing personalized content and ads and informing you of new or additional products, services and Promotions that may be of interest to you;
• Helping us address problems with and improve our Site and our merchandise and services;
• Providing mobile marketing messages and other communications and messages;
• Protecting the security and integrity of the Site;
• Creating aggregated data and statistics (which does not identify you and which we freely use and share);
• Meeting applicable legal and regulatory requirements;
• For internal business purposes;
• For purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy; and
• Use of Information for Recruitment Purposes.

Where you have provided us with personal data or Demographic Information as part of an online application for employment or internship, we may use that information in order to allow us to make an informed decision about whether to proceed with your application and for business-related purposes, including, without limitation, responding to information requests, fulfilling regulatory reporting requirements and defending against employment related complaints.. We may, as part of this recruitment process, collect information about your education, employment history and similar matters. Where this personal data or Demographic Information is considered to be sensitive, you expressly consent to our processing of this information for recruitment purposes by submitting it to us.

Please also note that where allowable by law this Privacy Policy is not intended to place any limits on what we do with aggregated, pseudonymized or anonymized data, and we may use such information for any purposes

3. SHARING OF INFORMATION WITH THIRD PARTIES

We may share your information as follows:

(a) When You Request We Share With Third Parties

You may be presented with an option to receive certain information and/or marketing offers directly from third parties or to have us send certain information to third parties or give them access to it. If you choose to do so, your information may be disclosed to such third parties and all information you disclose will be subject to the third-party privacy policies and practices of such third parties. In addition, third parties may store, collect or otherwise have access to your information when you interact with their content on our Site. This may include using third-party tools such as Facebook, Twitter, Instagram, Pinterest or other third-party posting or content sharing tools and by so interacting you consent to such third-party practices. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review such third-party privacy policies and practices of such third parties prior to requesting information from or otherwise interacting with them.

(b) Third Parties Providing Services to Company

We may use third-party service providers to perform certain services on behalf of us or the Site, such as: (i) to assist us in Site operations; (ii) to manage a database of customer information; (iii) hosting the Site; (iv) designing and/or operating the Site's features; (v) tracking the Site's activities and analytics; (vi) enabling us to send you special offers or perform other administrative services; and (vii) other services designed to assist us in maximizing our business potential. We may provide these vendors with access to user information, including Device Identifiers and personal data, to carry out the services they are performing for you or for us. Third-party analytics and other service providers may set and access their own Tracking Technologies on your Device and they may otherwise collect or have access to information about you, potentially including personal data, about you. For any third party we share your personal data with, we enter into contracts limiting their use of your personal data to their provision of services for us.

(c) To Protect the Rights of Company and Others

To the fullest extent permitted by applicable law, we may also disclose your information if we believe in good faith that doing so is necessary or appropriate to: (i) protect or defend the rights, safety or property of Company or third parties (including through the enforcement of this Privacy Policy, our Terms & Conditions, and other applicable agreements and policies); or (ii) comply with legal and regulatory obligations (e.g., pursuant to law enforcement inquiries, subpoenas or court orders). To the fullest extent permitted by applicable law, we have complete discretion in electing to make or not make such disclosures, and to contest or not contest requests for such disclosures, all without notice to you.

(d) Affiliates and Business Transfer

We may share your information with our parent, subsidiaries and affiliates. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Site and/or our Stores; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including during the course of any due diligence process.

(e) Sweepstakes, Contests and Promotions

We may offer sweepstakes, contests, and other promotions (any, a "Promotion") through the Site, in the Stores or through one of our social media pages that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and likeness in advertising associated with the Promotion. If you choose to enter a Promotion, personal data may be disclosed to third parties or the public in connection with the administration of such Promotion, including in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion's official rules, such as on a winner's list.

(f) Marketing Providers

We may share your personal data related to your purchase of goods and activities on our website with third parties that help us market our products and services to you (“Marketing Providers”). We enter into contracts with our Marketing Providers limiting their use of your personal information to their provision of services to us.

(g) Direct Mail Partners

We may collect your email address via cookies and pixels on the Website through the use of trusted third party partners (“Direct Mail Partners”). These partners may combine your email information with other information they have access to such as mailing address so that we may serve relevant marketing offers to you via direct mail. Direct Mail Partners may also use personal data that we share with them for their own commercial and advertising purposes. Such sharing may be considered to be a “sale” under some consumer privacy laws. You may opt out of the “sale” of your personal information by clicking on this link Do Not Sell My Personal Information.

(h) Third-Party Marketing Partners

We may share your personal data with third-party marketing partners including Oracle (“Third-Party Marketing Partners”). In addition to using personal data to provide services to us and our customers, Third-Party Marketing Partners may also use personal data that we share with them for their own commercial and advertising purposes. Such sharing may be considered to be a “sale” under some consumer privacy laws. You may opt out of the “sale” of your personal information by clicking on this link Do Not Sell My Personal Information.

(i) Advertising Networks

We may share your personal data related to your purchase of goods and activities on our website with Advertising Networks. In addition to using personal data to provide services to us, Advertising Networks may also use personal data that we share with them to create user profiles for cross-context behavioral advertising or to otherwise use personal data for the benefit of third parties. Such sharing may be considered to be a “sale” under some consumer privacy laws. You may opt out of the sale of your personal information by clicking on this link Do Not Sell My Personal Information.

(j) Analytics Providers

We may share your personal information related to your activities on our website with analytics providers (“Analytics Providers”) in order to track and analyze usage of our website. Analytics Providers generally limit their use of personal information to provide services to us. Certain Analytics Providers may use the personal information that we share with them to create user profiles for cross-context behavioral advertising or to otherwise use your personal information for the benefit of third parties. Such sharing may be considered to be a “sale” under some consumer privacy laws. You may opt out of the sale of your personal information by clicking on this link Do Not Sell My Personal Information.

(k) Sharing for Recruitment Purposes

In conjunction with laws and regulations enforced by the Equal Employment Opportunity Commission (“EEOC”), the Office of Federal Contract Compliance Programs (“OFCCP”) and similar state and local regulatory agencies, we may, in connection with your employment at Johnnie-O or its Affiliates, ask you to provide us with self-identifying information (such as veteran status, gender and ethnicity). Providing such self-identifying information is voluntary, but if you do provide us with such information, we may submit that information, to the EEOC, the OFCCP and similar state and local regulatory agencies or otherwise disclose it for business-related purposes, including, without limitation, responding to information requests, fulfilling regulatory reporting requirements and defending against employment related complaints.

4. INFORMATION YOU DISCLOSE PUBLICLY

(a) User Content and Public Information

The Site may permit you to submit ideas, photographs, videos, audio recordings, questions, comments, suggestions or other content, including personal data (collectively, "User Content"), on blogs and message boards, product reviews and other public forums. You acknowledge and agree that we or others shall have the right to store, display, publish, distribute or otherwise use User Content online or offline in any media or format and may or may not attribute the User Content to you. Others may have access to this User Content and may have the ability to share it with third parties. Please note that Company does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available on the Site or what others do with information you share with them on the Site.

(b) Name and Likeness

For full terms and conditions regarding User Content you submit to us, please review our Terms of Use. In accordance with such Terms of Use, we may publish your name, voice, likeness and other personal data that is part of your User Content, and we may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities. By connecting with the Company brands through our social media pages or accounts, or by posting content using Company-created hashtags or other identifiers, you are providing your consent for Company to use any personal data or other content you submit or make available through such sites for marketing and promotional purposes, including, but not limited to, incorporation into our marketing materials, without further notice or compensation.

CONTACT US

The Privacy Team is accountable for our compliance with the principles of applicable legislation and this Privacy Policy. All requests to exercise your Rights, or inquiries about your personal data should be made to the Privacy Team/Legal Department at privacy@johnnie-o.com or by writing to:

Johnnie-O
Attn: Privacy Team
P.O. Box 49714
Los Angeles, CA 90049-0714

877.787.4703