KENNETH COLE PRODUCTIONS, INC. PRIVACY POLICY
LAST UPDATED: November 28, 2024
Kenneth Cole Productions, Inc. (together with its wholly owned affiliates and subsidiaries, and brands, Kenneth Cole and Gentle Souls, collectively ‘Kenneth Cole’, ‘we,’ or ‘us’) is concerned about your privacy issues and wants you to be familiar with how we collect, use and disclose the information you provide to us online (e.g. via our website located at www.kennethcole.com, marketing tools, social media or other online products and services) or offline (e.g. when you shop at our company-owned store(s)) or interact with us as described below. Our online and offline services and interactions with you are collectively referred to as the ’Site’ in this Privacy Policy (the ’Policy’) when you use our website located at www.kennethcole.com, through our social media sites (such as TikTok, X, Meta, Pinterest and Instagram) and through our company-owned stores (collectively, the ‘Site’). This Policy describes our practices that are applicable to the information you provide to us or that we collect from you when you use the Site.
By using the Site and/or contacting us by providing any Personal Information, you consent to the collection and use of information by us in accordance with the terms of this Policy. We may change this Policy from time to time. If we make changes, we will notify you by referring to the ’Last Updated’ legend at the top of this page. We encourage you to review the Policy whenever you interact with us to stay informed about our practices and the choices available to you. If you do not agree with the terms of the revised Policy, you should terminate your use of the Site.
We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household (’Personal Information’) when you sign in to the Website; create an account for online shopping; participate in a contest, promotion or survey; or request other services that require information, registration or subscription. We also keep a record of your product interests and purchases online and automatically receive and record information on our server logs from your browser (including your IP address, cookie information and the page you requested). In addition, we may collect data that is not identifiable to you or otherwise associated with you, such as aggregated data, and is not Personal Information. To the extent this data is stored or associated with Personal Information, it will be treated as Personal Information.
Personal Information We Collect Directly From You
If you are a visitor to the Site, you are not obligated to provide any information to us, but we may collect information that you provide to us when you communicate with any of our departments such as customer service or technical services. However, for you to use certain features of the Site (for example, to sign up for a newsletter, make a purchase through the Site, or to request certain information from Kenneth Cole), we may require that you provide certain information to us. If you make a purchase through the Site, we use Shopify Pay and you will be required to provide your name, shipping address, billing address, telephone number, e-mail address, credit card number or other payment account number. You may also choose to provide additional information about yourself when you use certain features of the Site, such as your mobile phone number, age, and gender, as well as information you provide in connection with a survey or sweepstakes conducted through the Site. Please note that only the last four digits of your credit card information will be stored by Shopify Payments.
Kenneth Cole may make available through the Site functionality (for example, message boards, chat functionality and blogs, among other services) through which you can post comments about our services and products, information and materials. Please note that any information you post through this type of functionality becomes public information and may be available to visitors to the Site and to the general public. We urge you to exercise discretion and caution when deciding to disclose information about yourself, or any other information, on the Site. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY INFORMATION YOU VOLUNTARILY DISCLOSE THROUGH PUBLIC FEATURES ON THE SITE.
Our Site includes a Careers feature that allows you to submit an online job application. When you submit an online application, you will be required to provide Personal Information, including but not limited to your name, contact information, educational and job history, and references. We will use this information to assess and process your application. You will be provided with more information about how we process this information as part of the application process. You will also be asked to provide equal opportunities information. This is not mandatory – if you do not provide it, it will not affect your application. We will not make the information available to any staff outside our recruitment team, including hiring managers and any relevant support staff, in a way that can identify you. Any information you provide will be used to produce and monitor equal opportunities statistics. The online application process is hosted and supported by a third-party service provider, Jobvite. Jobvite receives and stores the information you provide. Jobvite does not disclose the Personal Information it receives and maintains for us to anyone else. We may ask you to provide additional information during the interview or hiring process. We may also use the information you provide to contact you about your application; for example, to ask you to agree to a background check or to send you an offer letter. We do not share the information you provide in the online application to anyone outside of Kenneth Cole and Jobvite, except as we believe is required by law. Please refer to https://www.jobvite.com/privacy-policy/ to see the Jobvite privacy policy.
Personal Information We Collect Automatically
We and our service providers may automatically collect information about you when you use the Site to provide you with advertisements, security and fraud protection. The type of information we collect includes:
Personal Information Received from Third Party Sources
We may obtain Personal Information about you from other sources and combine that with the information we collect about you, including:
We may use your information according to the Privacy Notice and Terms of Use in effect at the time of use. The provisions contained herein supersede all previous notices or statements regarding our privacy practices with respect to the Website. We may use aggregated data (independent of any personal identifiers) for research and commercial purposes. This information includes what areas our users visit most frequently and what services they access most often. This information helps us develop a better site that is more useful and accessible to you. We may use your personally identifiable information: [Include all in comment bubble]
We may also use the information we collect through the Site in the following ways:
Service Providers. We work with third party service providers who provide services to Kenneth Cole in connection with the Site. These services may include, but are not limited to, operating the Site, payment processing and authorization, data analysis, order fulfillment, client support, list enhancement and other administrative services. These service providers may include client support specialists, webhosting companies, client data management and enhancement companies, payment processors, fulfillment companies (e.g., companies that fill product orders or coordinate mailings), data analysis firms and email service providers. We may share your information with these third-party service providers for the purpose of enabling these third parties to provide these services. These third parties will only be provided with access to your information as needed to perform services on our behalf and will not be permitted to use this information for any other purpose.
Your Friends. Information you provide when you send a message regarding Site-related content to a friend through the Site, such as your name and your e-mail address, will be shared with your friend.
Third Parties. We may share your Personal Information with third parties under the following circumstances:
Third Party Marketing Communications. From time to time, we may share your information with our affiliates and e-mail providers, to allow them to contact you regarding products, programs, services and promotions that they believe may be of interest to you. As noted above, if you would prefer that we do not share your information for marketing purposes, you can opt out by following the link in the “Opt-Out” section below.
Third Party Sponsors. We may share the information you provide in connection with Promotions with third-party sponsors of the applicable Promotion (irrespective of whether the applicable Promotion is hosted by us), or otherwise in accordance with the rules applicable to the particular Promotion. You should carefully review the rules, if any, of each Promotion in which you participate through the Site, as they may contain additional important information about a sponsor’s or other third parties’ use of the information you provide in connection with the Promotion. To the extent that the applicable rules for a Promotion include terms and conditions regarding the treatment of the information you provide in connection with that Promotion that conflict with this Policy, the terms and conditions of the Promotion’s rules will control with regard to the information you provide in connection with that Promotion.
Aggregate Information. Kenneth Cole may share information relating to visitors and users of the Site with affiliated or unaffiliated third parties on an anonymized/deidentified aggregate basis. We note that, while this information will not identify you personally, in some instances these third parties may be able to combine this information with other data they have about you, or that they receive from third parties, in a manner that allows them to identify you personally.
Government Authorities. To the extent permitted by law, we will disclose your information to government authorities or third parties if: (i) required to do so by law or if requested in response to a subpoena or court order or as otherwise compelled to do so in accordance with litigation (e.g., lawful discovery requests); (ii) we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large; or (iii) we believe that you have abused the Site by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws or in violation of our Terms of Service. You should be aware that, following disclosure to any third party, your information may be accessible by others to the extent permitted or required by applicable law.
Successor Relationships. We reserve the right to transfer any and all information that we collect from Site users to our partners or prospective partners at any time or to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Kenneth Cole’s business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).
IV. Other Important Notices Regarding Our Privacy Practices
Third-Party Sites. The Site may contain links to third-party websites, including links to social networking sites or “share functionality,” that are not owned or controlled by Kenneth Cole. Your use of these features may result in the collection or sharing of information about you by these sites, depending on the feature. These linked sites are not under Kenneth Cole's control, and we are not responsible for the privacy practices or the contents of any applicable linked site, or any link contained in any linked site. We provide these links only as a convenience, and the inclusion of a link on the Site does not imply endorsement of the linked site by Kenneth Cole. If you provide any information through any of these third-party websites, your transaction will occur on the third party's website (not the Site) and the information you provide will be collected by, and controlled by the privacy policy of, that third party. These third parties may use cookies and web beacons to track the actions of users online over time and across different web sites or platforms to deliver targeted electronic advertisements to an individual user. For information about how tracking works for online advertising purposes you can visit www.aboutads.info/choices. You are subject to the policies of those third parties when and where applicable. We encourage you to review the privacy policies and settings on the social media sites with which you interact to make sure you understand the information that may be collected, used, and shared by those sites. We recommend that you familiarize yourself with the privacy policies and practices of any third party. PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES.
Interest-Based Advertising. We may partner with third party service providers to serve ads on our behalf on other non-affiliated third-party websites or applications. Some of the ads may be personalized, meaning that they are tailored to you based on what we or our third-party service provider serving the ad knows about you or your device’s browsing activity. To learn more about advertising networks and to opt-out of interest-based advertising, visit the Digital Advertising Alliance at www.aboutads.info/choices or the Network Advertising Initiative at www.networkadvertising.org/choices. These opt-out mechanisms rely on cookies to remember your choices with respect to ad-serving on websites. If you delete your cookies, change browsers, or use another computer or device, you will need to repeat the opt-out process.
Security. We employ commercially reasonable security methods and technologies to help secure your Personal Information, including physical, technological, and organizational protections. We have firewalls and industry standard encryption protocol known as Secure Socket Layer (SSL), in place to help protect against the loss, misuse and alteration of the information under our control. We use GeoTrust QuickSSL Certificates to help ensure your information is secure during transmission with Kennethcole.com. GeoTrust QuickSSL Certificates enable 40-bit to 256-bit encryption, depending on the browser capability and the cipher suite installed on your web server. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please notify us of the problem as soon as possible by contacting us in accordance with Section 6 (‘Contacting Us,’) below (note that if you choose to notify us via physical mail, this will delay the time it takes for us to respond to the problem).
Use of Information Outside Your Country of Residence. The Site is controlled and operated by Kenneth Cole from the United States and is not intended to subject Kenneth Cole to the laws or jurisdiction of any state, country or territory other than that of the United States. Kenneth Cole does not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Note Regarding the Use of the Site by Children. The Site is not directed to individuals under the age of sixteen (16). We do not knowingly collect, sale, or share Personal Information of children under the age of sixteen (16) on this Site. If you have reason to believe that a child has provided Personal Information to us through the Site, please contact us and we will endeavor to delete that Personal Information from our database.
V. Your Choices
Communication Opt-Outs. You can opt-out of receiving promotional communications from us at any time. To unsubscribe from Kenneth Cole emails at any time, click ‘unsubscribe’ at the bottom of one of our emails. To opt out of text messages you can text ‘Stop’ to the five-digit short code for the text messaging program from which you no longer wish to receive messages (i.e., the five-digit number from which the text messages are being sent). You will then receive confirmation of your opt-out of that text messaging program. You may also choose not to receive text messages by emailing clientservices@kennethcole.com and specifying that you no longer want to receive text messages. For help, text ‘Help’ to 88209. Please note that even if you opt out of receiving promotional communications, we may continue to send you promotional emails, such as those about your account or our ongoing business relations. We will endeavor to comply with your opt-out requests as soon as reasonably practicable and in accordance with applicable law. Please note that if you opt-out as described above, we will not be able to remove information about you from the databases of third parties with which we have already shared your information as of the date that we implement your opt-out request. If you wish to cease receiving marketing-related e-mails from third parties, please contact the applicable third party directly or utilize any opt-out mechanisms set forth in the applicable third party’s privacy policy or marketing-related e-mails.
Location Information. If you want to limit or prevent our ability to receive location information from you, you can deny or remove the permission for certain Services to access location information or deactivate location services on your device. Please refer to your device manufacturer or operating system instructions for instructions on how to do this.
Accessing, Modifying, Rectifying and Updating Your Information. We strive to maintain the accuracy of any Personal Information collected from you and will try to respond promptly to update our records. However, we must rely upon you to ensure that the information you provide to us is complete, accurate, and up-to-date, and to inform us of any changes. Please review all of your information carefully before submitting it to us. If you would like to review, correct or update any information that you have previously and directly provided to us through the Site, you may contact us at as described in Section IX below (Contacting Us),or if you are a registered user, you may do so by signing on to your account and modifying the applicable information.
VI. Your California Privacy Rights
California’s “Shine the Light” law permits our users who are California residents to request and obtain from us a list of what personal data (if any) we disclosed to third parties for their own direct marketing purposes in the previous calendar year and the names and addresses of those third parties. Requests may be made only once per year per person, must be sent to the email address below, and are free of charge.
Consumers residing in California are afforded certain additional rights with respect to their Personal Information under the California Consumer Privacy Act or “CCPA” (California Civil Code Section 1798.100et seq), as amended by the California Privacy Rights Act or “CPRA.” Please refer to our California Privacy Notice for more information.
VII. Your Nevada Privacy Rights
Nevada law permits our users who are Nevada residents to request that their personal data not be sold (as defined under applicable Nevada law), even if their personal data is not currently being sold. Requests may be sent by emailing us clientservices@kennethcole.com.
VIII. Your Virginia, Colorado, Connecticut, Utah, Oregon and Texas Rights
If you are located in Virginia, Colorado, Connecticut, and Utah, you have certain rights regarding your Personal Information. The section describes how we collect, use, and share your Personal Information under the Virginia Consumer Data Protection Act (“VCDPA”), the Colorado Privacy Act (“CPA”), the Connecticut Act Concerning Personal Information Privacy and Online Monitoring (“PDPOM”), the Utah Consumer Privacy Act (“UCPA”), the Oregon Consumer Privacy Act (“OCPA”), the Oklahoma Computer Data Privacy Act (“OCDPA”), the Texas Data Privacy Act (“TDPA”), and the Montana Consumer Data Privacy Act (“MTCDPA”), your rights with respect to that Personal Information.
As a Virginia, Colorado, Connecticut, Utah, Oregon, Oklahoma, Texas, or Montana resident, you have some or all of the rights listed below. However, these rights are not absolute, and we may decline your request as permitted by law. You can ask to appeal any denial of your request in the same manner through which you may submit a request.
IX. International Users
Kenneth Cole is based in the United States. Our Site and services are not targeted to individuals outside of North America. If you are visiting the Site from outside the United States and provide us with Personal Information (or ‘Personal Data’), please note that your Personal Data may be accessed by or transferred, stored by us or our affiliates in the United States and other countries in accordance with this Policy and U.S. law. By using our Site or providing us with any information, you fully understand and consent to this transfer, processing, and storage of your information in the United States and other jurisdictions, for which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen. As a result, this information may be subject to access requests from governments, courts, or law enforcement in the United States and other countries according to laws in those jurisdictions. Your information will also be disclosed to third parties as described in ‘Section III. Sharing of Personal Information’ above.
Information for Residents of the European Union and European Economic Area
This section of the Policy applies only if you use our online Site from a country that is a Member State of the European Union or European Economic Area (collectively, ‘EU’), and it supplements the information in the remainder of our Policy, above.
Legal Basis for Data Processing
We process Personal Data for the purposes set out above in the Policy. Our legal basis to process Personal Data includes processing that is:
EU Data Subject Rights
The GDPR provides EU data subjects with the right to access Personal Data we hold about you and update or correct it. In some cases, you can also ask us to erase it, restrict or stop processing, or provide data in a ‘portable’ form, if feasible. You may withdraw consent (“opt-out”) if you have previously consented to any particular use of your information, such as receiving emails or text messages. You may also decline to share certain Personal Data with us, in which case we may not be able to provide some of the features and functionality of our Site. You can access, amend or update your information by contacting us (see Section IX below). If you email us, please include your previous and current full name, mailing address, email address and phone number. Please put the statement ‘Your EU Data Subject Rights’ in the subject field of your request. Your request should contain a detailed, accurate description of the data you want access to. For your protection, we may need to verify your identity before responding to your request, such as verifying that the email address from which you send the request matches your email address that we have on file.
We will make commercially reasonable efforts to provide you reasonable access to your Personal Data within 30 days of your access request to the contact address below. We provide this access so that you may review, make corrections, or request deletion of your Personal Data. If we cannot honor your re-quest within 30 days, we will inform you when we will be able to provide such access. If for some reason access is denied, we will provide an explanation as to why access is denied. Individuals in the EU have the right to complain as outlined in Section 19 in our Terms & Conditions.
X. Contacting Us
If you have any questions regarding this Policy, please contact us via e-mail at clientservices@kennethcole.com. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. We can be reached via postal mail at:
Kenneth Cole Productions, Inc.
511 West 21st Street
New York, NY
10011-9998
Attention: E-Commerce Operations
XI. Applicability of the Policy
This Privacy Policy is subject to the Terms & Conditions that govern your use of the Services. This Privacy Policy applies regardless of the means used to access or provide information through the Services.
In addition, be reviewing this Privacy Policy, you acknowledge and agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/kennethcole-prod/terms_of_service) and our Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/kennethcole-prod/privacy_policy).
This Privacy Policy does not apply to information from or about you collected by any third-party services, applications, or advertisements associated with, or websites linked from, the Services. The collection or receipt of your information by such third parties is subject to their own privacy policies, statements, and practices, and under no circumstances are we responsible or liable for any third party’s compliance therewith.
XII. Changes in the Policy
We may elect to change or amend our Policy; in such event, we will post the changes in our Policy on the Site by referring to the ‘Last Updated’ legend at the top of this page. Your continued use of the Site following our posting of any revised Privacy Policy will constitute your acknowledgement of the amended Privacy Policy. If you are concerned about how your Personal Information is used, please visit our Site often for this and other important announcements and updates.