California Privacy Notice
Effective Date: November 28, 2024
This California Privacy Notice (“California Privacy Notice”) supplements the Privacy Policy and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopted this California Privacy Notice to comply with California privacy laws, including the California Consumer Privacy Act (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”). Any terms defined in the CCPA or CPRA and not defined here have the same meaning when used in this California Privacy Notice.
1) Notice of Collection and Use of Personal Information
We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“Personal Information”). In addition, we may collect data that is not identifiable to you or otherwise associated with you, such as aggregated data, and this data is not Personal Information. To the extent this data is stored or associated with Personal Information, it will be treated as Personal Information; otherwise, the data is not subject to this California Privacy Notice.
Categories of Personal Information
We may collect, receive, or disclose, and within the last twelve (12) months, we may have collected or received or disclosed the following categories of Personal Information:
1. Identifiers and contact information, such as a real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, driver’s license number, or other similar identifiers.
2. Classifications of protected classifications under California or federal law.
3. Commercial information, including records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
4. Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement.
5. Geolocation data.
6. Audio, electronic, visual, thermal, olfactory, or similar information, such as voicemails, CCTV images, or social media profile pictures.
7. Professional or employment-related information.
8. Inferences drawn from any of the information above to create a profile about a consumer reflecting the consumer’s preferences, characteristics (such as gender), and behavior.
We will not collect additional categories of Personal Information other than those categories listed above. If we intend to collect additional categories of Personal Information, we will provide you with a new notice at or before the time of collection.
Use of Personal Information
We collect and process your Personal Information for our business and commercial purposes, which include the following:
• To process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns, or provide customer services.
• To create and secure your account with us.
• To process your requests, purchases, transactions, and payments and prevent transactional fraud.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To send you newsletters, or to provide information on products or services to you, including marketing and advertising. You can elect not to receive promotional emails from us either by “unsubscribing” to an email you receive or by contacting us as indicated below.
• Complying with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies, or for other purposes, as permitted by law.
• As necessary or appropriate to protect the rights, property, and safety of our users, us, and other third parties.
• For identification and repair of bugs on our website and other applications.
• For research and development, business analysis, and quality assurance.
We will not use the Personal Information we collected for material different, unrelated, or incompatible purposes without providing you with notice.
Sources of Personal Information
We collect Personal Information from and about you from the following sources:
• From You - When you provide it to us directly.
• Operating Systems and Platforms - Automatically through logging and analytics tools, and as a result of your use of and access to the Services.
• Data Analytics Providers - That provide web analytics and usage information to us through the use of cookies, pixels, and tracking technologies, such as Google Analytics.
• From Service Providers - That we have engaged to provide services to us, including services related to shipping, returns, customer support, fraud mitigation, and email marketing (such as Shopify and UPS).
• From Third Parties - From third-party sources, including payment processors (such as Shopify Payments), fulfillment providers, and social networks (through your interactions with us on social media websites).
Disclosure of Personal Information
We may collect, receive, or disclose, and within the past twelve (12) months, we may have collected or received or disclosed the following categories of Personal Information to the following categories of third parties:
• Category 1 (e.g., identifiers): Affiliates, Service Providers and Government Entities
• Category 2 (e.g., classifications of protected classes): Affiliates, Service Providers and Government Entities
• Category 3 (e.g., commercial information): Affiliates, Service Providers and Government Entities
• Category 4 (e.g., internet activity): Affiliates, Service Providers, Advertising Networks and Government Entities
• Category 5 (e.g., geolocation): Affiliates, Advertising Networks, and Fulfillment Providers
• Category 6 (e.g., audio, electronic): Affiliates and Government Entities
• Category 7 (e.g., employment related information): Affiliates, Service Providers and Government Entities
• Category 8 (e.g., inferences): Affiliates and Advertising Partners
Sale or Sharing of Personal Information
We do not “sell” or “share” your Personal Information to third parties for money. However, the CCPA defines “sale” or “share” broadly, and that definition could include information that we have shared with certain third parties and technology providers that provide certain services to us, including delivering advertisements that we believe may be of interest to you. This information may include identifiers, commercial information, and internet activity.
Retention of Personal Information
We retain your Personal Information for no longer than is needed or permitted considering the purpose(s) for which it was obtained. The criteria used to determine retention periods include: (i) the length of time we have on an ongoing relationship with you and provide the Services to you; (ii) whether there is a legal obligation to which we are subject; and (iii) whether retention is advisable in light of compliance with laws (such as, in regard to applicable statutes of limitations, litigation or regulatory investigations).
2) Your California Privacy Rights
The CCPA provides California residents with the following rights:
1. Right to Disclosure:
You have the right to request that we disclose certain information to you about the Personal Information we collected, used, disclosed, shared and sold about you in the past 12 months. This includes a request to know any or all of the following:
• The categories of Personal Information collected about you;
• The categories of sources from which we collected your Personal Information;
• The categories of Personal Information that we have shared, sold or disclosed about you for a business purpose;
• The categories of third parties to whom your Personal Information was shared, sold or disclosed for a business purpose;
• Our business or commercial purpose for collecting, selling or sharing your Personal Information; and
• The specific pieces of Personal Information we have collected about you.
2. Data Portability: You have the right to request a copy of Personal Information we hold about you.
3. Right to Deletion: You have the right to request that we delete the Personal Information we collected from you and maintained, subject to certain exceptions, including, but not limited to:
• Complete the transaction for which the Personal Information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between our business and you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
• Debug to identify and repair errors that impair existing intended functionality.
• To comply with Kenneth Cole’s legal and regulatory obligations.
• To otherwise use the Personal Information, internally, in a lawful manner that is compatible with your expectations or appropriate the context in which you provided the information.
4. Right to Correct: You have the right to correct inaccurate Personal Information about you. Once we receive and verify your request, we will use commercially reasonable efforts to correct the inaccurate Personal Information about you.
5. Right to Non-Discrimination: You have the right not to receive discriminatory treatment by us for the exercise of your CCPA privacy rights. Unless permitted by the CCPA, we will not:
• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Some of our products and services, however, may require your Personal Information. If you choose not to provide your Personal Information that is necessary to provide any aspect of our products or services, you may not be able to use those products or services.
6. Notice of Financial Incentive In some instances, we may offer a financial incentive, in the form of a discount to customers or an opportunity to win something of value, in exchange for the collection of customers’ Personal Information. For example, we may offer a discount promotional code to customers who join our email list by providing us with their email address, or we may offer an opportunity to win a prize to customers who provide their email address as part of a sweepstakes entry. The category of Personal Information implicated by these financial incentives are identifiers, and more specifically, contact information. Customers can opt-into these financial incentives by entering their email address when prompted through the Site in exchange for a discount, or by entering into sweepstakes or contests that are offered from time to time through the Site. Customers can withdraw from the financial incentive at any time by opting out of marketing communications. If the discount code or sweepstakes prize has already been obtained by the customer, the customer will have no obligation to return or destroy the discount code or prize upon opting out.
7. Right to Opt-Out/In. You have the right to opt-out of the sale of your Personal Information. You also have the right to opt-in to the sale of Personal Information for the purposes of the CCPA broadly means scenarios in which we have shared Personal Information with partners in exchange for valuable consideration. To opt out of sales.
Do Not Track (‘DNT’ Settings). If you access the Site through the Internet, your browser may allow you to adjust your browser settings so that DNT requests are sent to the websites that you visit. However, Kenneth Cole will not disable tracking technology that may be active on the Site in response to any DNT requests that we receive from your browser. To learn more about browser tracking signals and DNT.
3) Submitting a Verified Consumer Request
To exercise your California rights described above, please submit a verifiable consumer request to us by filling out this form or emailing us at clientservices@kennethcole.com. You may access and update your account information by logging into the My Account page. Please note that it may take up to 45 days for your request to become effective.
Only you, or a person authorized by you to act on your behalf, may make a verifiable consumer request related to your Personal Information.
We may deny your request if we are unable to verify your identity or have reason to believe that the request is fraudulent.
4) Modifications and Updates to this California Privacy Notice
We reserve the right, at any time, to modify, alter, and/or update this California Privacy Notice, and any such modifications, alterations, or updates will be effective upon our posting of the revised California Privacy Notice. Your continued use of the Site following our posting of any revised California Privacy Notice will constitute your acknowledgement of the amended California Privacy Notice.