Privacy Policy

PRIVACY STATEMENT
Last updated: August 27th, 2020


1. WHAT DOES THIS PRIVACY STATEMENT APPLY TO?

This Privacy Statement applies to your Personal Information collected or processed by WH Buyer, LLC d/b/a WHP Global (owner of the Anne Klein® and associated intellectual property rights) and/or its affiliated entities (collectively, “WHP,” “we,” “us” or “our”), through their websites, mobile applications, or other sites that display this Privacy Statement (collectively, the “Sites”). This Privacy Statement applies to your Personal Information, which can include information or a combination of information that could directly or indirectly be used to identify you, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, and any other information collected from or about you (hereinafter, “Personal Information”). Please note, the definition of Personal Information can vary by jurisdiction. If we collect information from you that is considered Personal Information in your jurisdiction, we will treat it as such in accordance with this Privacy Statement.


Please read this Privacy Statement carefully to understand our policies and practices regarding your Personal Information and how we will treat it. This Privacy Statement may change from time to time. We will notify you of material changes to this Privacy Statement by posting a notice on our home page for a reasonable period of time and changing the “Last Updated” date above. So please check it periodically for updates.

 

2. WHAT CATEGORIES OF PERSONAL INFORMATION DO WE COLLECT AND PROCESS?

We may collect or process various categories of Personal Information that you provide to us. We may disclose Personal Information to service providers, licensing partners, and retailers for business purposes. We have collected or processed the following categories of Personal Information in the last 12 months:

(a) Contact Information Identifiers
Identifiers sourced directly from you or from third party providers, such as data brokers or social media platforms. They are used to provide and improve the features, products and services you request; for registration and promotions; to communicate with you and provide you with information; to provide you with personalized content, information, and to send you coupons, offers and other information on our products or our family of companies; when we perform our obligations under a contract with you; and to deliver relevant advertising; and/or for research purposes.

(b) Customer Records
Personal Information categories contained in customer records are sourced directly from you. They are used to provide and improve the features, products and services you request; to provide you with personalized content, information, and to send you coupons, offers, and other information on our products or our family of companies; when we perform our obligations under a contract with you.

(c) Internet Activity
Internet or other similar network activity is sourced indirectly from you (e.g., from observing your actions on our Sites) or from third party service providers, such as a data analytics provider. They are used to provide you with personalized content, information, and to send you coupons, offers, and other information on our products or our family of companies, and/or to deliver relevant advertising.

(d) Employment Information
Professional or employment-related information is sourced directly from you or from third party service providers (i.e., background check provider). They are used to process employment applications and when we perform our obligations under a contract with you.

(e) Inferences
Inferences drawn from other Personal Information is sourced indirectly from you (e.g., from observing your actions on our Sites) or from third party service providers, such as a data analytics provider. They are used to provide and improve the features, products and services you request; to provide you with personalized content, information, and to send you coupons, offers, and other information on our products or our family of companies, and/or to deliver relevant advertising.

(f) Third Party Sources
We may collect information from other sources, including contact lists, and demographic information from third parties and other sources. This data may be combined with other information that we collect and use for the purposes described in this Privacy Statement. Likewise, certain third party service providers on our Sites may collect Personal Information about you when they are performing services on our behalf and/or when you are using certain functions on our Sites that are operated by these third parties. For example, our e-commerce platform provider may collect payment card information when you make a purchase. Any information, including Personal Information, collected by such third party service providers will be subject to those third parties’ privacy notices or privacy policies, rather than this Privacy Statement.

 

3. WHAT SPECIFIC PIECES OF PERSONAL INFORMATION ARE COLLECTED?

(a) Personal contact details including information such as names, shipping addresses, date of birth, telephone numbers, or e-mail addresses such as when you provide them to us during online registration or when doing business with us. Some Sites allow you to establish a user name and password to set up an account.

(b) Information submitted to us to indicate your interest in a position, including your indicated job preferences, work history and information provided on job applications.

(c) Information collected from our Sites and social media pages. This includes information collected when you interact with us, such as comments, photos, or other information that you post, through blogs, message boards, or social networking opportunities or other interactive forums.

(d) Your Internet Protocol (IP) address or device identifier, your device’s operating system, browser type, websites visited before or after you visit our website, pages viewed and activities at our website, as well as your interaction with advertisements.

(e) Third-party service and advertising partners may also collect information automatically.

(f) Other information we have collected from you with your consent.

 

4. WHY DO WE COLLECT AND HOW DO WE USE YOUR PERSONAL INFORMATION?

We may use your Personal Information for a variety of legitimate purposes including:

(a) Providing the features, products and services you request
We may use the Personal Information we collect about you to fulfill your requests for, and enable your use of, our features, products and services. From time to time we may also use your Personal Information in order to contact you for purposes of soliciting product reviews.

(b) Registration, contests and promotions
We may use your Personal Information to enter you in contests if you so choose to enter, to notify you of results and to register you for certain features, products and services in line with your chosen marketing preferences.

(c) To communicate with you and provide you with information
We may use your Personal Information to communicate with you, to respond to your questions or comments, to provide you with updates and news and, if you have indicated your interest in positions at WHP, to alert you when job vacancies that fit your profile arise.

(d) To provide you with personalized content, offers, and other information
We may use your Personal Information to provide you personalized offers and content. Where required by law, we ask visitors providing e-mail addresses to indicate if they would like further information or updates from us, such as information about the products and services available from our family of companies. We also offer visitors an “opt-out” option if they wish to cease receiving e-mails or other information from us. In some circumstance you may be asked to “opt-in” before we contact you in certain ways or before certain services may become available.

(e) When we perform our obligations under a contract with you
We may use your Personal Information when you work as a service provider or apply for a job with us as necessary in connection with your contract or services agreement. If you are a consumer or a user of our services we will use your Personal Information to carry out our obligations under the agreement that we have with you.

(f) To deliver relevant advertising
We may purchase and use opt-in e-mail lists to contact potential customers who we believe may be interested in products or services from the WHP family of companies. We will honor opt-out requests and ask those providing lists to give us assurances that e-mail contact information is provided only for those consumers who have expressed a desire to receive offers and information by e-mail. We also may use demographic and preference information to allow advertising related to WHP products and services to be targeted to the users for whom they are most pertinent. This is designed so that users will see advertising that is most likely to interest them, and advertisers can display their ads to people who are most likely to be receptive.

(g) To provide you with other offers
Sometimes our brands will make offers, coupons and information, including catalogues, available to you through the mail. We may also use lists we have received from third parties or public sources to send you this information, and, as is routinely done in the catalogue business, may exchange names and addresses (but not e-mail addresses absent consent) of our customers with other companies who may also contact you by mail. You may “opt-out” of receiving offline communications from our brands at any time.

(h) To improve the features, products and services that we offer through the Site
We may use the Personal Information that we collect to improve the WHP family of product offerings, services, as well as our Sites and features.

(i) For certain automated decision-making activities
We may use the Personal Information we collect for serving online advertising, and/or generating a personality profile for you. Details of the Personal Information we collect, how it is used, and how you may opt out of any automated decision-making is explained below.

    • At your direction and with your consent.
    • For research purposes.
    • For other legitimate business purposes, including but not limited to legal compliance.

 

5. HOW DO WE SHARE AND DISCLOSE YOUR INFORMATION?

We may share or disclose your Personal Information:

(a) With WHP and the WHP family of companies.

(b) With WHP’s licensees and/or retailers that offer goods and/or services branded under marks owned by WHP.

(c) With vendors or agents. For example, we may share your Personal Information with companies we have hired to provide services on our behalf. When we share Personal Information with these other companies to provide services for us, they are not allowed to use it for any other purpose and must keep it confidential unless you otherwise consent.

(d) Where your Personal Information may be transferred along with other business assets.

(e) Where we have received your direction or consent to the disclosure of your Personal Information.

(f) To comply with the law or respond to legal process or lawful requests, including from law enforcement and government agencies.

(g) To conduct investigations of consumer complaints or possible breaches of law, to protect the integrity of the website, to fulfill your requests, or to cooperate in any legal investigation.

(h) To protect the rights or property of the WHP family of companies or our customers, including enforcing the terms governing your use of the services.

(i) To act on a good faith belief that access or disclosure is necessary to protect the safety of our associates, customers or the public.

(j) To support other legitimate business purposes including but not limited to legal compliance.
Please note that the Sites may include links or otherwise refer to third-party websites whose privacy practices may differ from our privacy practices. If you submit Personal Information to any of those websites, your information is governed by the privacy policies on those websites. We encourage you to review the privacy policy of any website you visit.
We may share anonymized or de-identified information we collect under any of the above circumstances. We may also share it with third parties to develop and deliver targeted advertising on the Sites, and on websites of third parties. We may combine anonymized or de-identified information we collect with additional anonymized or de-identified information collected from other sources. We also may share aggregated and anonymized information with third parties, including advisors, advertisers, and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our website and the most popular features or services accessed.

 

6. WHAT ABOUT CHILDREN’S PRIVACY?

The Sites are intended for adults over the age of 18. We may ask visitors to enter a birth date to restrict those who are underage from accessing certain services, websites, areas or features. If you become aware that a child under 13 has registered for our email newsletters, or otherwise provided us with their Personal Information, please report the use to customercare@anneklein.com.

If we become aware of a user under the age of 13 providing information on our Sites, we will terminate that account and purge our databases of all Personal Information provided by that user to the extent feasible.

 

7. WHAT ARE OUR POLICIES REGARDING ONLINE INTEREST-BASED ADVERTISING?

(a) How do we serve advertisements through online interest-based advertising?
At times we display ads both on our network of owned and operated websites and on the websites of third parties. When you visit one of our websites or view ads that we serve elsewhere online, you may see different kinds of ads, such as text ads next to search results or video ads on web pages. Sometimes, these ads are based on the content of the pages on which they appear. Other times, these ads are generated by matching the particular ad to your interests as inferred from your online activities that have been collected over time. With interest-based advertising, the goal is to show you ads that are most relevant to you.


To do this, we and some of our third-party advertising companies use technologies such as cookies and web beacons to collect information about your interaction with our websites and other third-party websites (“Online Data”). This Online Data generally does not identify you to us personally and, typically, it is aggregated with other data to create segments – groups of users and certain general interest categories that we have inferred based on a variety of factors (for example, “fashion fan”). The Online Data can include:

    • The webpages, products and services you view and links you click when using our websites and services as well as third-party websites;
    • Our e-mails that you view and links you click on within that e-mail;
    • Whether you view or click on ads that are shown to you;
    • Demographic or interest data, including general geographic location derived from IP address;
    • The search terms you enter when using certain search services.

We and our third-party advertising partners use this Online Data to paint a more accurate picture of the interests of the audiences with which we interact – including you – so that we can serve ads that are more relevant to those interests.


In addition, our third-party advertising partners use this Online Data for a variety of other purposes, including (a) in conjunction with advertising that appears on our website or other websites, (b) for reporting website traffic, statistics, advertisement data and other interaction with ads and the websites on which they are served, and (c) to measure the effectiveness of web-based and e-mail advertisements.

(b) Why would you want to receive interest-based ads?
Consumers like to receive interest-based ads for many different reasons. Interest-based ads are helpful because they are more tailored to your particular interests. For example, cat owners may see more ads for cat food and fewer ads for dog grooming services. Interest-based ads also are more likely to help you discover new products and services that are actually relevant to you and your interests. For example, individuals interested in fashion may see an ad about the latest fashion forward products, whereas general retail customers might be more likely to see an ad for special discounted clothing lines. In short, receiving interest-based ads can help to improve your access to new products, services and features that are most relevant to you, which in turn could help to improve your life and social experiences. You also will not see the same ads over and over from us because the number of times you see a particular interest-based ad is limited. By opting-out of interest-based ads, you lose all of these benefits.
A Note on Google Analytics — To help facilitate the delivery of relevant content, we use Google Analytics Advertising Features, which you can learn more about and opt-out from here.

(c) How can you opt-out of receiving interest-based ads from us?
If you are no longer interested in receiving interest-based ads from any of our Sites, you can opt-out by using the instructions below. Please note, however, that opting-out does not mean you will no longer see ads from us online. It simply means that the online ads from us you do see will not be based on your particular interests.


Depending on where you live, you may be able to access one convenient place to indicate your preferences, including the option to make one “universal” opt-out of interest-based advertising with participating entities:

In the United States, visit this site: Ad Choices.

In Canada, visit this site: Your Ad Choices.

You can also generally opt-out of receiving interest-based ads from third party advertisers who are members of the Network Advertising Initiative (“NAI”) or who follow the DAA Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out pages on the NAI website and DAA website.

When you opt-out using these methods, a cookie will be placed on your device indicating that you have opted-out of interest-based advertising. If you delete your cookies, you will need to opt-out again. These websites also provide detailed information about interest-based advertising and tips for managing your online privacy.


8. COOKIES NOTICE

(a) What are cookies and how do we use them?
“Cookies” are data files that a website sends to your computer while you are viewing the site. These data files include information that allows our Sites to remember important information that will make your use of the Sites more efficient and useful to you. Our Sites use cookies for a variety of purposes. We use cookie technology and IP addresses to obtain information from online visitors, and also to provide registered visitors with the best possible personalized online experience. Information obtained via cookies may include Personal Information.


Visitors to our Sites use different web browsers and different computers. To make your visits as easy as possible with the technology you use, we automatically keep track of the type of browser (e.g., Internet Explorer) and operating system (e.g., Windows, Mac) used by a visitor, and the domain name of the visitor's Internet service provider. We also track the total number of visitors to our Sites in an aggregate form to allow us to update and improve our Sites. This data tells us if more visitors prefer certain features or areas to others, which helps us keep our Sites fresh and interesting to the majority of our visitors.

(b) How do we use cookies to personalize your experience at our sites?
Cookie technology helps us deliver content tailored to a visitor’s interests, and allows us to make ordering products, entering and participating in sweepstakes and contests, and offering other functions at our sites easier for our visitors. Sites that offer online shopping use cookies to remember and process the items in your shopping cart, for example. Where appropriate under our disclosed practices and policies, we may associate Personal Information with a cookie file in such instances.

(c) Do third parties use cookies on our site?
We may allow third parties to use cookies and to advertise on our websites. In general, we may not control the cookies used by third parties. There are free programs you can download which would allow you to set your preferences and block the vast majority of third-party cookies across the Internet.

(d) Different types of cookies used by us

    • Strictly Necessary cookies let you move around the website and use essential features. These cookies don't gather any information about you that could be used for marketing or remembering where you've been on the Internet.
    • Performance cookies collect information about how you use our website, e.g., which pages you visit, and if you experience any errors. These cookies don't collect any information that could identify you – all the information collected is anonymous and is only used to help us improve how our website works, understand what interests our users, and measure how effective our advertising is.
    • Functionality cookies are used to provide services or to remember settings to improve your visit.
    • Targeting cookies are linked to services provided by third parties, such as 'Like' buttons and 'Share' buttons. The third party provides these services in return for recognizing that you have visited our website.

(e) What are web beacons and how do we use them?
Some of our Web pages and e-mail updates may contain electronic images called Web beacons, sometimes known as one pixel GIFs, clear GIFs or pixel tags. On sites, these allow us to count visitors who have viewed our pages. In promotional e-mail messages/newsletters, they allow us to count how many subscribers have read them. Web beacons allow us to develop statistical information about the activities and features that most interest our consumers for the purpose of providing more personalized content. They are not used to access your Personal Information without your consent.

(f) How can you opt-out of cookies?
If you don't want cookies, you can set your computer to warn you each time a cookie is being sent or turn off all cookies through your browser (e.g., Internet Explorer or Firefox). Check your browser HELP menu to learn the correct way to change or update your cookies. Alternatively, you may wish to visit which contains comprehensive information on how to do this on a wide variety of browsers. You will also find details on how to delete cookies from your computer as well as more general information about cookies. For information on how to do this on the browser of your mobile phone you will need to refer to your handset manual. Please be aware that restricting cookies may impact the functionality of WHP websites.

(g) How We Respond to Do-Not-Track Disclosures
We 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.


9. SMS POLICY

Our Sites may give you options to opt-in to text-based or SMS messages on your mobile or smart phone. This Section provides information on how to opt-out of receiving future text messages from us and other helpful information related to our text message services. For any questions not answered on this help page, please contact us directly at customercare@anneklein.com.


Participation in our text message list is based on user opt-in. Therefore, at any time from your mobile device, you can reply ‘STOP’ to cancel all future text messages. Please note that the frequency of SMS notifications is approximately one (1) message per month, unless you request more frequent text messaging.

(a) What is SMS?
SMS is an acronym for Short Message Service. It is a worldwide standard for communicating textually between cellular phones. Nearly every cellular phone in use in the United States (and the world) can receive text messages. Most wireless carriers include text messaging in their standard plans.

(b) What is a Keyword?

A ‘keyword’ is a short word (which may include numbers) that you may send a text message to in order to join our list or receive information. An example would be: ‘Text KEYWORD to SHORTCODE to join our text messaging list.’

(c) What does it mean to Opt-In?
To ‘opt-in’ means you are consenting to join our text messaging list. This can be done by sending a text message containing a KEYWORD to our SHORTCODE (as discussed above), or by entering your phone number into a web-based form online. This action signifies that you have asked to receive a text message from us (i.e. you have given your consent for WHP to send messages to you).

(d) What does it mean to Opt-Out?
If you ‘opt-out’ it means that you have decided to discontinue receiving messages from us and have affirmatively asked us to remove you from our list of text message recipients. You can do this quickly and simply by replying to any text message we send with the word ‘STOP.’

(e) How do I Opt-Out of Receiving SMS Messages from WHP (or its partners) on my Phone?
There are several ways to stop SMS message deliveries from reaching your phone. The easiest way is to reply ‘STOP’ to any text message you receive. You can also remove SMS subscriptions by contacting us directly at: customercare@anneklein.com.

Please note: to ensure you continue to receive text messages of interest, your choice to opt-out of receiving text messaging from one of our WHP family of companies will not cause our other WHP family of companies to discontinue sending you messages. If you would like to discontinue all messages from all WHP family of companies and all of its partners, please contact us at customercare@anneklein.com.

(f) What mobile carriers are supported for SMS deliveries in the US?
The following carriers in the US are supported: AT&T, Sprint, T-Mobile, Boost, Cricket, Virgin, Verizon Wireless and US Cell.

(g) Is there any cost associated with receiving SMS messages?
Pricing for SMS message delivery to mobile devices is based on your text message plan with your wireless carrier. This is reaffirmed in the following language which is included with SMS subscription confirmation messages and HELP messages sent from WHP: “Std. msg & data rates apply”.

(h) What if I Still have Questions?
If you still have questions, we want to help. Please email us at customercare@anneklein.comand clearly explain your question. We will do our best to respond in a timely manner with additional information.


10. WHAT ELSE DO YOU NEED TO KNOW?

(a) Where is your information stored and processed?
Personal Information collected on our websites and services, or received by WHP from you or third parties, may be stored and processed in the United States or any other country where we or our service providers maintain facilities.


The servers and databases in which Personal Information may be stored may be located outside the country from which you accessed this website and in a country that does not have the same privacy laws as your country of residence. The Personal Information you provide us may be transmitted abroad in accordance with legal requirements, but we will collect, process and use personal information only in accordance with this Privacy Statement.
Employment opportunity related queries may also be transferred to any member of the WHP family of companies. By visiting this website and submitting information, you consent to such collection, processing, transfer and/or storage of any Personal Information that you submit. Please note: our policies may differ by region, so if you visit one of our websites in a different region, please check to see if there is a Statement specific to that location.

(b) How long do we store your Personal Information?
We retain and store your Personal Information only for as long as we have a legitimate business purpose to do so and in accordance with our data retention policies.

(c) What about Personal Information that is publicly available (such as in chat rooms, message boards, or other interactive forums)?
We may offer chat rooms, message or bulletin boards, or interactive areas where visitors may post comments or information for our visitors’ enjoyment. If there is a chat room, bulletin or message board, social networking opportunities or other interactive areas where Personal Information may be posted at this website, be sure to check posted rules before entering, as you will be bound by them as well as our Terms of Service. Anything you post online is public information, and we are not responsible for anything you voluntarily post online. Users should exercise caution when disclosing Personal Information online.

(d) Assignment
In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign the Personal Information we have collected from you.

(e) How do we safeguard your Personal Information?
We have implemented administrative, physical and technical safeguards designed to protect your Personal Information. No security measures can be 100% secure, however, and so we recommend that you take additional measures to protect yourself and your Personal Information, including by installing up to date anti-virus software, closing browsers after use, keeping confidential your log-in credentials and passwords, and making sure that you regularly update software and apps you have downloaded to ensure you have enabled the latest security features on your devices.

(f) International Transfer of Personal Information
Please note that our Sites are directed towards users who reside in the United States and/or Canada. By using our Sites, you consent to the collection, storage, processing, and transfer of Personal Information in and to the United States, or other countries and territories, pursuant to the laws of the United States. While some of these countries may not offer the same level of privacy protection as your own, we commit to uphold the privacy protections as explained in this Privacy Statement.

 

11. WHAT ARE YOUR CALIFORNIA PRIVACY RIGHTS?

California Civil Code Section 1798.83 permits users who 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 contact us using the contact information provided below and put “Shine the Light” in the subject line of your request.

From January 1, 2020, California law affords residents of California certain additional rights:

(a) The right to know, through a general privacy policy and with more specifics available upon request, what Personal Information a business has collected about them in the preceding 12 months, what it is being used for, whether it is being disclosed or sold, and to whom it is being disclosed or sold;

(b) The right to “opt out” of processing or allowing a business to sell their Personal Information to third parties (or, for consumers who are under 16 years old, the right not to have their Personal Information sold absent their, or their parent’s, opt-in);

(c) The right to have a business delete their Personal Information, with certain exceptions as provided by law; and

(d) The right to non-discrimination to receive equal service and pricing from a business, even after exercising your rights.
California consumers can make a request related to the above noted rights by emailing customercare@anneklein.com. Note that there are restrictions regarding the number of times you can exercise these rights. You may designate an authorized agent to make a request on your behalf. Such authorized agent must be registered with the California Secretary of State. We may deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf.

California consumers can make a request related to the above noted rights by emailing customercare@anneklein.com. Note that there are restrictions regarding the number of times you can exercise these rights. You may designate an authorized agent to make a request on your behalf. Such authorized agent must be registered with the California Secretary of State. We may deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf.

 

12. WHAT SHOULD YOU DO IF YOU HAVE QUESTIONS OR WANT TO CONTACT US?

We take steps to keep your Personal Information accurate. Some WHP programs provide access to view or update Personal Information online. Check where you registered to learn if you can view or update your Personal Information there.

Where our processing of your Personal Information is based on your consent, you may have the right to withdraw your consent by contacting us. Note that your withdrawal of consent will not affect the lawfulness of our processing of your Personal Information based on your consent prior to your withdrawal. We are intent on resolving any issues relating to our handling of your Personal Information, and you may contact us at any time regarding any questions or concerns. We are committed to working with you to resolve any complaints you may have regarding this Privacy Statement or the treatment of your Personal Information. If you have a concern, please contact us and your communication will be promptly addressed. You may contact us by emailing customercare@anneklein.com.

If there is any conflict between the English version of our Privacy Statement and a version translated in another language, the English version controls.

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