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Privacy Policy

Privacy Policy

Skythe, Inc. (“KÜHL” or “we”, “us”, or “our”) recognizes that you care how information about you is used, shared, and respects your privacy. This Privacy Policy explains how your information is collected, used, and the choices you have regarding your information. This Policy applies to all information collected by KÜHL from any source, including information collected through our online services and activities, including this Website and our mobile applications, and at retail locations.

Please note that the Website may contain links to other third-party sites that are not controlled or operated by KÜHL. This Privacy Policy does not apply to such third-party websites, and KÜHL is not responsible for the content of such third-party websites or the privacy practices of such third parties.

WHAT INFORMATION WE COLLECT

Except as disclosed below, we don’t sell trade, give away, or rent your personal information to any company outside of KÜHL. When you engage on our Website, we collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device.

Information We Collect From You

In particular, we have collected the following categories of personal information from our consumers, including within the last twelve (12) months:

  • Identifiers: A name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, and other similar identifiers.

  • Personal information, including financial information: A name, signature, address, telephone number, bank account number, credit card number, debit card number, and any other financial information.

  • Protected classification characteristics under California or federal law: Age, gender, and veteran or military status.

  • Commercial Information: Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

  • Internet or other similar network activity: Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

  • Geolocation data: Physical location or movements.

  • Professional or employment-related information: Current or past job history or performance evaluations.

  • Inferences drawn from other personal information: Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

  • Technical Data: Internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.

  • Usage Data: includes information about how you use our website.

  • Marketing and Communications Data: Preferences in receiving marketing from us and our third parties and your communication preferences.

We may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you without your express consent (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data).

Automatically Collected Information

We obtain the categories of personal information listed above from the following sources:

  • Customer-provided information from forms or direct interactions.

  • Customer interactions with a website, including page clicks, time spent, or other automatically collected meta-data.

  • Internet cookies.

  • Observations from monitoring behavior, such as store video camera or surveillance systems.

  • Search terms.

  • Data brokers or resellers.

  • Social media services, like Facebook, Instagram, Twitter, and Pinterest.

  • Government databases.

When you interact with our Website, we attempt to make your experience as easy and meaningful as possible. Therefore, like many websites, we may use a variety of technologies such as cookies (which may be session-based or persistent, and are typically small data files that are stored on your hard drive or in connection with your Internet browser), web and mobile application log files, web beacons, pixel tags or alternate technologies to automatically collect certain information about your online activity. Most web browsers are set to accept cookies by default, but you can usually change your browser settings to remove or reject cookies. We use cookies to track information about your activities on our Website. We also use cookies to store your preferences and to allow you to remain logged in as you use our Website.

Our Website currently does not have a mechanism to recognize "Do Not Track" signals. As a result thereof, any navigation of our Website may be tracked as part of the gathering of quantitative user information described above. If you arrive at our Website through the use of a link originating from a third party site that responds to "do not track" requests, the recognition of any "do not track" request you may have initiated will end upon your reaching our Website. If you wish to opt-out of receiving this third-party interest-based advertising, you may obtain more information Here. Please note this does not opt you out of receiving marketing communications from us.

If you use functionalities, plugins, widgets, or tools from social media platforms or networks in connection with our Website or mobile application, we will collect the information that you share with us, or that those social media platforms or networks share with us. Please review the privacy policies and settings of the social media platforms and networks that you use.

HOW INFORMATION IS USED

We will use your personal data only when the law allows. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you.

  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

  • Where we need to comply with a legal obligation.

The types of lawful basis that we will rely on to process your personal data include the following:

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

We will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

We have set out below, in a table format, a description of the ways we plan to use your personal data and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity:
To register you

Type of data:
(a) Identifiers
(b) Personal Information

Lawful basis for processing including basis of legitimate interest:
Preliminary to performance of a contract with you

Purpose/Activity:
To process your order

Type of data:
(a) Identifiers
(b) Personal Information
(c) Commercial Information
(d) Marketing and Communications

Lawful basis for processing including basis of legitimate interest:
(a) Preliminary to performance of a contract with you
(b) Necessary for our legitimate interests

Purpose/Activity:
To manage our relationship with you

Type of data:
(a) Identifiers
(b) Personal Information
(c) Commercial Information
(d) Marketing and Communications

Lawful basis for processing including basis of legitimate interest:
(a) Preliminary to performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated)

Purpose/Activity:
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

Type of data:
(a) Identifiers
(b) Personal Information
(c) Technical Data

Lawful basis for processing including basis of legitimate interest:
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise)
(b) Necessary to comply with a legal obligation

Purpose/Activity:
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

Type of data:
All categories

Lawful basis for processing including basis of legitimate interest:
Necessary for our legitimate interests (to study how customers use our services, to develop them, to grow our business and to inform our marketing strategy)

Purpose/Activity:
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences

Type of data:
(a) Technical Data
(b) Usage Data

Lawful basis for processing including basis of legitimate interest:
Necessary for our legitimate interests (to define types of customers for services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

Purpose/Activity:
To make suggestions and recommendations to you about services or opportunities that may be of interest to you

Type of data:
(a) Identifiers
(b) Personal Information
(c) Technical Data
(d) Usage Data
(e) Commercial Information
(d) Marketing and Communications

Lawful basis for processing including basis of legitimate interest:
Necessary for our legitimate interests (to develop our services and grow our business)

Consistent with the above table, collected personal data may also be used:

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.

  • To provide, support, personalize, and develop our Website, products, and services.

  • To create, maintain, customize, 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 personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).

  • To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.

  • For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.

  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

  • To detect and prevent fraud or misuse of services and for any other business purpose that permitted by law, and legal compliance.

  • Send you information related to products and services including invoices, updates, security alerts, technical notices, and administrative messages

CHANGE OF PURPOSE

We will use your personal data only for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

OPTING OUT

You can ask us or third parties to stop sending you marketing messages at any time by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences OR by following the opt-out links on any marketing message sent to you OR by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of your applying for employment with us or one of our customers.

SHARING OF INFORMATION

Except with your consent or as described in this Privacy Policy, we do not sell, rent, or share with third parties any of your personal information.

We may share personal information with trusted third parties that perform service on our behalf, including but not limited to support services, website services, delivering promotional materials, contests, sweepstakes, and other promotions and answering questions about products and services. These subsidiaries and third parties may be located overseas. We will only provide those third parties the personal information that they need to deliver services on our behalf. Those third parties are not authorized to use or disclose personal information you provide to us on or through this Website for any purpose other than to perform the services designated by us.

We may share personal information with a third party if we are required by law to disclose that personal information.

We disclose your personal information for a business purpose to the following third parties: Service providers.

PRIVACY OF CHILDREN

Our Website is not directed to children under the age of 18. If you are under the age of 18 you should not provide any personal information to us and you should use this Website only with the involvement of a parent or guardian. If you are a parent or guardian of a child under the age of 18 and suspect he/she has provided personal information on or through our Website, Parents can, at any time, contact us at [email protected].

PROTECTION OF YOUR INFORMATION

The security of all personal data of our users is a primary concern of ours. To prevent unauthorized access or disclosure, maintain data accuracy and facilitate the appropriate use of information, KÜHL uses physical, technological and administrative procedures to protect personal information. Nevertheless, we cannot guarantee the complete security of your information in as much as no security systems over the internet are 100% secure.

It is also important for you to protect against unauthorized access to your information as well as to your computer. In order to help protect the personal information you provide to us, you: (i) should not share your password or account information with others, (ii) should use a secure web browser, and (iii) should change your password frequently.

CHOICE AND OPT-OUT PREFERENCES

When you sign up to our Website, you agree to receive promotional e-mails and e-mail notifications including, but not limited to, customer service related e-mails pertaining to sales such as order confirmations, notifications that an item has shipped, returns and requests for reviews.

If you change your mind and no longer wish to receive our promotional e-mails, you may opt-out at any time simply by sending us an e-mail at [email protected], or by clicking on the unsubscribe link. If you establish an account, you may receive certain types of communications even if you have not opted-in to receive them because these communications may be necessary in order to maintain an account on the Website.

DATA STORAGE

This Website is operated by Skythe, Inc., a company headquartered in the United States of America. To provide you with this Website and the goods you order, your data may be processed by its group companies and its service providers, who may be in countries (including the USA) other than your country of residence. These countries may have data protection laws that are different than the laws in your country of residence, but Skythe, Inc., will protect your personal information in accordance with applicable data protection law and this Policy at all times.

YOUR RIGHTS AND CHOICES

Access to Specific Information

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • The categories of personal information we collected about you.

  • The categories of sources for the personal information we collected about you.

  • Our business or commercial purpose for collecting or selling that personal information.

  • The categories of third parties with whom we share that personal information.

  • The specific pieces of personal information we collected about you (also called a data portability request).

  • If we disclosed your personal information for a business purpose, the personal information categories that each category of recipient obtained.

Correction and Deletion Request Rights

You have the right to request that we correct or delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will correct or delete (and direct our service providers to correct or delete), as the case may be, your personal information in and from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.

  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

  3. Debug products to identify and repair errors that impair existing intended functionality.

  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).

  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.

  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

  8. Comply with a legal obligation.

  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We do not provide these deletion rights for B2B personal information.

You may also access, correct, and update certain personal information in the “ACCOUNT” AND “EDIT ACCOUNT” portion of our Website.

Right to Object to or Restrict Processing

You have the right to object to the processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

You have the right to restrict processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

  • If you want us to establish the data’s accuracy.

  • Where our use of the data is unlawful but you do not want us to erase it.

  • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.

  • You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Data Portability Rights

You that the right to request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Exercising Your Rights

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the DPO using the details set out below.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must (1) Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, and (2) Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us.

We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

You have the right to make a complaint at any time to the European Data Protection Supervisor (https://edps.europa.eu/data-protection/our-role-supervisor/complaints_en), or to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO, so please contact us in the first instance. In certain circumstances, the authorities require that you contact us before lodging a complaint with those authorities.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your rights. Unless permitted by applicable laws, 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.

However, we may offer you certain financial incentives permitted by law that can result in different prices, rates, or quality levels. Any legally-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time

CONTACT INFORMATION

If you have any questions or comments about this notice, the ways in which we collect and use your information, your choices and rights regarding such use, or wish to exercise your rights under applicable laws, please do not hesitate to contact the DPO at:

By Mail:
KÜHL
Attn: Privacy Officer
1878 WEST 12600 SOUTH #325
Riverton, Utah 84065

By Email:
[email protected]
Subject: Privacy Policy Questions
Attn: Privacy Officer

UPDATES TO THIS POLICY

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice's effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

If you are from California and you have an inquiry you can send a message here (http://www.kuhl.com/contact/inquiry).

EFFECTIVE DATE

December 30, 2019

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