These Additional California Privacy Disclosures (the “CA Disclosures”) supplement the information contained in our Privacy Policy and apply solely to individual residents of the State of California (“consumers” or “you”).
These CA Disclosures provide additional information about how we collect, use, disclose and otherwise process personal information of individual residents of the State of California, either online or offline, within the scope of the California Consumer Privacy Act of 2018 (“CCPA”). Unless otherwise expressly stated, all terms in these CA Disclosures have the same meaning as defined in our Privacy Policy or as otherwise defined in the CCPA.
For purposes of these CA Disclosures, “personal information” has the meaning provided by the California Consumer Privacy Act (the “CCPA”) and does not include information that is publicly available, that is deidentified or aggregated such that it is not capable of being associated with us, or that is excluded from the CCPA’s scope. This section does not apply to information relating to our employees, contractors, and other personnel.
Categories of Personal Information We Collect, Use and Disclose
We collect personal information from and about you for a variety of purposes. To learn more about the types of personal information we collect, the purposes for which we use this information, and how we disclose it, please refer to the Information We Collect, How We Use Your Information, and Disclosure of Your Information sections of our Privacy Policy . In the last 12 months from the Effective Date, we have collected, used, and disclosed the following categories of personal information for a business purpose:
Categories of Personal Information |
Sources of Collection |
Purpose(s) for Collection |
Disclosure for a Business Purpose |
1. Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, IP address, e-mail address, account name, government ID or other similar identifiers. |
From the consumer, by us and from the consumer’s browser, device, e-mail and/or social media account, other individuals, such as the consumer’s friends or family, business partners (non-vendors), and vendors. |
Managing Cookies, sending marketing e-mails and text messages, conducting other advertising and promotional campaigns, data security, debugging, internal research and development, processing and managing customer interactions and transactions, facilitating arrangements we have with business partners, performing services requested by the consumer, and research and quality assurance. |
Service providers, third party partners, Corporate Transaction recipients, Affiliates, and as directed by the consumer or as required by applicable law. |
2. Personal records, including signature, physical characteristics or description, written statements, telephone number, address, credit card number, or other financial information. |
From the consumer, by us and from the consumer’s e-mail and/or social media account, other individuals, such as the consumer’s friends or family, business partners (non-vendors), and vendors. |
Data security, debugging, processing and managing consumer interactions and transactions, performing services requested by the consumer, research and quality assurance. |
Service providers, third party partners, Corporate Transaction recipients, Affiliates, and as directed by the consumer or as required by applicable law. |
3. Characteristics such as gender and age. |
From the consumer and from vendors |
Providing more relevant service to consumers |
Service providers, Corporate Transaction recipients, Affiliates, and as directed by the Consumer or as required by applicable law. |
4. Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. |
From the consumer, by us from the consumer’s browser, device, e-mail and/or social media account, other individuals, such as the consumer’s friends or family, business partners (non-vendors), and vendors. |
Data security, debugging, processing and managing consumer interactions and transactions, performing services requested by the consumer, advertising, marketing, research and quality assurance. |
Service providers, third party partners, Corporate Transaction recipients, Affiliates, and as directed by the consumer or as required by applicable law. |
6. Internet or other electronic network activity information, including, but not limited to, browsing history, browsing time, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement. |
From the consumer, by us and from the consumer’s browser, device, e-mail and/or social media account, and our vendors. |
Debugging, processing and managing consumer interactions and transactions, performing services requested by the consumer, advertising, quality assurance and research and analytics. |
Service providers, third party partners, Corporate Transaction recipients, Affiliates, and as directed by the consumer or as required by applicable law. |
7. Geolocation data, including, but not limited to, precise physical location and movement patterns |
From the consumer, by us and from the consumer’s browser, device, e-mail and/or social media account, and otherwise directly from consumers |
Managing Cookies, processing and managing consumer interactions and transactions, performing services requested by the consumer, targeted advertising, quality assurance, fraud prevention and security, and research and analytics. |
Service providers, third party partners, Corporate Transaction recipients, Affiliates, and as directed by the consumer or as required by applicable law. |
8. Audio, electronic, visual, thermal, olfactory, or similar information, including, but not limited to, image, photograph, and voice. |
Directly from consumers |
Processing and managing consumer interactions and transactions, performing services requested by the consumer, quality assurance, and fraud prevention and security. |
Service providers, Corporate Transaction recipients, and as directed by the consumer or as required by applicable law. |
11. Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, and behavior. |
Consumer’s browser, device, e-mail and/or social media account, and otherwise directly from consumers or as created by us or our vendors. |
Processing and managing customer interactions and transactions, performing services requested by the customer, and quality assurance and security and fraud prevention. |
Service providers, Corporate Transaction recipients, Affiliates, and as directed by the consumer or as required by applicable law. |
Your California Privacy Rights
As a California resident, you may be able to exercise the following rights in relation to the Personal Information about you that we have collected (subject to certain limitations at law):
The Right to Know |
You have the right to request any or all of the following information relating to the personal information we have collected about you or disclosed in the last 12 months, upon verification of your identity:
- The specific pieces of personal information we have collected about you;
- The categories of personal information we have collected about you;
- The categories of sources of the personal information we have collected about you;
- The categories of personal information that we have disclosed about you to third parties for a business purpose, and the categories of recipients to whom this information was disclosed;
- The categories of personal information we have sold about you (if any), and the categories of third parties to whom this information was sold; and
- The business or commercial purposes for collecting or, if applicable, selling personal information about you.
|
The Right to Request Deletion |
You have the right to request the deletion of personal information that we have collected from you, subject to certain exceptions. |
The Right to Opt Out of Personal Information Sales |
You have the right to direct us not to sell personal information we have collected about you to third parties now or in the future. If you are under the age of 16, you have the right to opt in, or to have a parent or guardian opt in on your behalf, to such sales. |
The Right to Non-Discrimination |
You have the right not to receive discriminatory treatment for exercising any of the rights described above. You have the right not to receive discriminatory treatment for exercising any of the rights described above. |
“Shine the Light” |
California residents that have an established business relationship with us have rights to know how their information is disclosed to third parties for their direct marketing purposes under California’s “Shine the Light” law (Civ. Code § 1798.83). |
Submitting Requests
To Exercise Your Right to Know or Right to Deletion
To exercise your right to know and/or right to deletion, please submit a request by:
Before processing your request, we will need to verify your identity and confirm you are a resident of the State of California. In order to verify your identity, we will generally either require the successful authentication of your Forever 21 account, or the matching of sufficient information you provide us to the information we maintain about you in our systems. This process may require us to request additional personal information from you, including, but not limited to, your emailaddress, address, order number, and/or date of last interaction with customer service.
In certain circumstances, we may decline a request to exercise the right to know and/or right to deletion, particularly where we are unable to verify your identity.
To Exercise Your Right to Opt-Out of Personal Information Sales
Unless you have exercised your Right to Opt-Out of Personal Information Sales, we may sell personal information to third parties for monetary or other valuable consideration. The third parties to whom we sell personal information may use such information for their own purposes in accordance with their own privacy statements, which may include reselling this information to additional third parties.
You do not need to create an account with us to exercise your Right to Opt-Out of Personal Information Sales. However, we may ask you to provide additional personal information so that we can properly identify you in our dataset and to track compliance with your opt out request. This information may include, but not be limited to, your email, address, order number, and/or date of last interaction with customer service. We will only use personal information provided in an opt out request to review and comply with the request. If you chose not to provide this information, we may only be able to process your request to the extent we are able to identify you in our data systems.
Once you make an opt-out request, you may change your mind and opt- in to personal information sales at any time by contacting us at privacy@forever21.com.
- Cookies Opt-Out (Do Not Sell My Personal Information): To exercise your right to opt-out as it relates to the use of cookies and other tracking technologies for analytics and targeted ads, please visit our Do Not Sell My Personal Information Page
- Opt-Out of Selling or Sharing of Personal Information: To exercise your opt-out right as it relates to the selling or sharing of your personal information (such as your name, e-mail address, postal address) with third parties for their direct marketing or other commercial purposes, please visit our
Privacy Rights Requests Center.
Authorized Agents
In certain circumstances, you are permitted to use an authorized agent (as that term is defined by the CCPA) to submit requests on your behalf through the designated methods set forth in these Disclosures where we can verify the authorized agent’s authority to act on your behalf by:
ⅰ. For requests to know or delete personal information:
a. receiving a power of attorney valid under the laws of California from you or your authorized agent; or
b. receiving sufficient evidence from the authorized agent to show that you have provided the agent a signed permission to submit the request; and
1. verified your own identity directly with us pursuant to the instructions set forth in these CA Disclosures; and
2. directly confirmed with us that you provided the authorized agent permission to submit the request on your behalf.
Financial Incentives
We may provide financial incentives to consumers who allow us to collect and retain personal information, such as identifiers (e.g., name or email address) and commercial information (e.g., purchase history). These incentives may result in differences in our prices or services offered to consumers and may include a lower price for goods and services (e.g., discounts and other promotions). For example, the financial incentives we may provide include discounts or promo codes for:
- certain existing customers (e.g., users of our App, recipients of physical coupons);
- new customers;
- for verified accountholders at partner businesses (e.g., UniDAYS);
- customers who open a Forever21 credit card; and
- customers who sign up to receive promotional communications (e.g., SMS/text messages or e-mails).
The material aspects of any financial incentive will be explained and described in its program terms or in the details of each incentive offer. For additional information please see the Special Offers page on our Site.
Please note that participating in any financial incentive program is entirely optional and participants may withdraw from the program at any time. To opt out of the program and forgo any ongoing incentives, please follow the instructions in the program’s terms and conditions or contact us using the contact information at the end of these disclosures.
Each financial incentive or price or service difference related to the collection and use of personal information is based upon our reasonable, good faith determination of the estimated value of such information to our business, taking into consideration the value of the offer itself and the anticipated revenue generation that may be realized by rewarding brand loyalty or repeat purchases.