WHAT INFORMATION IS COLLECTED
We group the collection of user information into two categories: personal, which is information identifiable to a specific member, and aggregate, which is general demographic information that does not identify any individual member. Personal information may include your name, email address, mailing address, credit card information and phone number. We may also collect certain demographic information such as your site preferences, age, gender, geographical location, language, time zone, income and education (some of the information we ask for may be optional). Fabletics may use or disclose aggregate information for any purpose.
HOW WE USE YOUR INFORMATION
We collect personal information to make our services related to this Site (“Services”) more rewarding for you to use, including billing, shipping and tracking your orders. If we have any questions or concerns regarding your order, we may use this information to contact you. We also use this information for internal purposes, such as studying our customers' preferences and improving the customers' experiences. We may also use your information to contact you for promotional purposes. We also may use this information to provide customer service to you. If you enter into a sweepstakes, contest, or similar promotion, we may use the information you provide to administer those activities. We may combine information about you with information from other sources in order to improve the quality of our services.
We also receive and store certain personally non-identifiable information, which is collected passively using various technologies, and cannot presently be used to specifically identify you. This Site may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, the domain names of our visitors' Internet service providers, and how our users use and interact with the Services. Also, in an ongoing effort to better understand and serve you, we often conduct research on customer demographics, interests and behavior based on the personal information and other information provided to us. This research may be compiled and analyzed on an aggregate basis. We may share this non-identifiable and aggregate data with affiliates, agents and business partners, but this type of non-identifiable and aggregate information does not identify you personally. We may also disclose aggregated user statistics in order to describe our Services to current and prospective business partners, and to other third parties for other lawful purposes.
HOW IS THIS INFORMATION SHARED:
There are certain circumstances in which we may share your personal information with certain third parties without further notice to you, as set forth below:
- We do not sell any of your personal information to third parties for profit. Like most online businesses, we do share some information with contracted third parties in order to provide better services and advertising to you, and do afford you the option to opt-out of sharing this information.
- We may share information about you with trusted third parties in order to improve your consumer experience. These third parties may contact you about products, services or promotions you may be interested in, or to otherwise improve your customer experience with this Site.
- We may share information about you, such as your name, address, email address, as well as a record of any transactions you conduct on our website or offline with us via our third-party advertising partners and its service providers, in order to deliver to you banner advertisements and other advertising tailored to your interests when you visit certain websites. Our advertising partners will make the data we provide to it anonymous. To learn more about the use of this information or to make choices about receiving personalized advertising provided by third parties, please visit the Network Advertising Initiative by clicking here.
- As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, your information may be part of the transferred assets.
- When we believe in good faith that disclosure is necessary to protect the rights, property and safety of Fabletics, its users or the public.
- As required by law, to comply with a judicial proceeding or court order, to exercise our rights, or to defend against any claims.
COOKIES AND WEB BEACONS
Web beacons, or clear gifs, are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users. In contrast to cookies, which are stored on a user's computer hard drive, web beacons are embedded invisibly on web pages. Web beacons help us better manage content on our Site by informing us what content is effective. We do not tie the information gathered by web beacons to your personal information.
The security of your personal information is important to us. When you provide sensitive information (such as a credit card number), we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee the absolute security of such information. If you have any questions about security on our Site, please contact us as indicated below.
We may occasionally send you newsletters and emails regarding special offers, promotions, features and/or product updates. We may also communicate with you on behalf of third parties about special offers, promotions, features and/or product updates we think may be of interest to you, or you may have opted-in to receive newsletters or special promotions from one of our trusted third party providers. If you decide you do not wish to receive these communications, you may opt-out by clicking the unsubscribe link or by following the instructions included in the communication. Note however that as user of the Service you cannot opt-out of some administrative communications that are reasonably necessary to the Service, such as billing or service notifications. You may also opt-out of certain targeted advertising by visiting http://www.networkadvertising.org/choices, https://www.networkadvertising.org/mobile-choice or http://www.aboutads.info/choices.
LINKS TO OTHER SITES
UPDATING OR DELETING YOUR ONLINE ACCOUNT INFORMATION
You may update or correct your online account information at any time by logging into your account and navigating to the "My Account" page or by contacting us. You can also contact us by phone if you wish to deactivate your account, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.
CHILDREN UNDER 18
Children under 18 may view this Site, but they cannot make a purchase or provide any personal information. This Site is not designed for children and we do not wish to collect personal information from children under 18. If you register with us and we discover that you are under 18, we will delete your account. You must be 18 or over to purchase any products from this Site. If a child under the age of 18 has provided us with personally identifiable information online, we ask that a parent or guardian contact us.
IMPORTANT INFORMATION FOR CALIFORNIA RESIDENTS
If you are a California resident, this section applies to you. It describes how we collect, use and share personal information of California residents, and their rights with respect to their personal information, as defined under the California Consumer Privacy Act of 2018 (“CCPA”).
Your Privacy Rights
As a California resident, you have the following rights in connection with your personal information (collectively, “Privacy Rights”):
- Access/Portability. You have the right to request and receive a copy of your personal information we have collected, used, disclosed and sold within the previous 12 months. You can also view and manage most of your personal information by logging into your account.
- Deletion. You have the right to request the deletion of your personal information we collect and maintain. Please be aware that deleting your personal information is irreversible and means that you will no longer have an account with us. By submitting a deletion request, you will be deleting your entire account including any member credits, reward points, and order history. If you have any member credits on your account, those credits will be deleted and can no longer be used. If you chose to use our Site at a later time, you will need to sign up again and create a new account. However, if you prefer to keep your account and member credits, and instead would like to cancel your VIP Membership, you may do so by contacting our customer service representatives at 1-844-322-5384 or through live chat.
- You can use your browser’s settings to clear, delete or prevent cookies. We cannot control cookies that you have stored on your browser and recommend deleting all current cookies. Instructions for how to do this on different types of browsers can be found here: https://www.allaboutcookies.org/manage-cookies/.
- We use Google Ads and Google Analytics to serve and measure advertising. Please go here and here to opt-out of any personalized ads and cookies.
- Non-Discrimination. You have the right to exercise any of your Privacy Rights free from discriminatory practices prohibited by California law.
How To Exercise Your Privacy Rights
NOTE: THESE ARE NOT EFFECTIVE UNTIL JANUARY 1, 2020
To submit a privacy related request, you may call us at 1-855-266-9949, contact us through live chat available 9am - 9pm (EST) 7 days a week, email us at CCPARequest@fabletics.com, or fill out our privacy webform available here: Do Not Sell My Info.
Prior to processing, we will authenticate your request through our standard verification procedures, such as by requesting you to log in to your account or by verifying the information you provided in your request with your account information we have on file. This information may include first name, last name, email and phone number. Please be aware that this information will only be used to verify and help process your request. However, we are required by law to keep information related to your request for record keeping purposes.
Please allow up to 15-45 days for us to complete your request. Please note, these Privacy Rights are subject to exceptions, and in certain cases we may decline your request as permitted by law.
You may also allow an authorized agent to submit privacy related requests on your behalf. If you would like to do so, please submit a signed Power of Attorney naming the person who will be your authorized agent. This person may then submit privacy related requests on your behalf using any of the available methods we offer. Please mail the signed Power of Attorney to Attn: General Counsel-Privacy Request, Fabletics, 800 Apollo Street, El Segundo, CA 90245.
Personal Information Collected or Shared in the Preceding 12 Months
The chart below summarizes the categories of personal information we collect and share, as well as where we collect it from, how we use it, and who we share it with. For more information on: the categories of information we collect, please see the Section titled “Information We Collect”; the business and commercial purposes for which we collect your personal information, please see the Section titled “How We Use Your Information”; or the categories of third parties with whom personal information is shared or sold, please see the Section titled “How Is This Information Shared”.
|Categories of Personal Information Collected and Shared||Sources of Personal Information||Purposes for Collection of Personal Information||Categories of Third Parties with Whom We Share the Personal Information|
|Name, email address, customer ID, mailing address, phone number, photos and/or Facebook username and profile picture||This information has either been provided to us by you directly, or, with your permission, service providers or contracted third-party providers, such as customer review platforms, and marketing and advertising partners.||To create your account; to provide and improve the Services, such as fulfilling and tracking your orders; to improve customer experience on the Site; to prevent fraud and ensure the security of your account and our Services; and to provide and improve advertisements.||Service providers, such as customer service partners, shipping partners, payment processors, analytics and data warehousing partners; and contracted third-party providers, such as marketing and advertising partners.|
|Demographic information such as gender, birthday and other personal identifiers||This information has either been provided to us by you directly, or with your permission, service providers or contracted third-party providers, such as marketing partners.||To provide and improve the Services; to improve customer experience on the Site; and to provide and improve advertisements.||Service providers, such analytics and data warehousing partners; and contracted third-party providers, such as marketing partners.|
|Commercial information such as order history, order ID, items purchased, size, style and product preferences, other unique identifiers, and inferences drawn therefrom||This information has either been provided to us by you directly, or with your permission, your browser, computer or mobile device, service providers, and contracted third-party providers, such as marketing and advertising partners.||To provide and improve the Services; to improve customer experience on the Site; and to provide and improve advertisements.||Service providers, such as customer service partners, analytics and data warehousing partners; and contracted third-party providers, such as marketing and advertising partners.|
|Geolocation information||This information is either provided to us by you directly or with your permission, your browser, computer or mobile device.||To provide and improve the Services; to improve customer experience on the Site; to prevent fraud and ensure the security of your account and our Services; and to provide and improve advertisements.||Service providers, such analytics and data warehousing partners; and contracted third-party providers, such as marketing and advertising partners.|
|IP address, cookies, advertising IDs, tracking pixels, and other unique identifiers||This information has either been provided to us by you directly, or with your permission, your browser, computer or mobile device, service providers, or contracted third-party providers, such as marketing and advertising partners.||To provide and improve the Services; to improve customer experience on the Site; to prevent fraud and ensure the security of your account and our Services; and to provide and improve advertisements.||Service providers, such as customer service partners, and analytics and data warehousing partners; and contracted third-party providers, such as marketing and advertising partners.|
|Internet activity information such as how a user browses and interacts with our Services, Site and advertisements, and device, browser and/or computer properties||This information has either been provided to us by you directly, or with your permission, your browser, computer or mobile device, service providers, or contracted third-party providers, such as marketing and advertising partners.||To provide and improve the Services and the Site; to improve customer experience on the Site; to provide, improve, and resolve errors; to prevent fraud and ensure the security of your account and our Services; and to provide and improve advertisements.||Service providers, such as customer service partners, and analytics and data warehousing partners; and contracted third-party providers, such as marketing and advertising partners.|
For users who require access to this Policy in an alternative format, please visit our Accessibility page for more information
Further, under California Civil Code sections 1798.83-1798.84,if you are a California resident and have an established business relationship with us, you can request a notice disclosing the categories of personal information we have shared with third parties, for the third parties’ direct marketing purposes, during the preceding calendar year. To request a notice, please submit your request to Fabletics, LLC, Attn: Fabletics Legal Department, California Shine the Light Inquiry, 800 Apollo Drive, El Segundo, CA 90245.
If you are a Nevada resident and have provided us with any personal identifying information, you may opt-out of sharing your information with third parties if you submit an opt-out request to the following email address: firstname.lastname@example.org. Please note we do not sell any of your personal information for profit, we do share some information with contracted third parties in order to provide better services and advertising to you. Please allow 60 days for completion of such request.
EU-US PRIVACY SHIELD PROGRAM
TYPES OF DATA COLLECTED UNDER THE EU-US PRIVACY SHIELD
Personal data such as your name, email address, mailing address, credit card information, phone number and IP address are collected. This personal data is used for the following purposes: to process and fulfill orders, communicate with you about orders, any Fabletics service, marketing and sales, internal research, and compliance with federal, state and local laws and regulations. Fabletics also collects aggregate data such as your Site preferences, sizes, age, gender, geographical location, language, time zone, income and education. This aggregate data is used for the following purposes: marketing and sales activities, to optimize shopping experience and types of goods sold, internal research, partnerships or agreements with affiliates, agents and business partners, and to describe our Services to current and prospective business partners.
WHO WE SHARE INFORMATION WITH UNDER THE EU-US PRIVACY SHIELD
Fabletics may disclose personal and non-personally identifiable aggregate data with affiliates, subsidiaries, business partners, advertisers and vendors. The purpose for disclosure to affiliates, subsidiaries and business partners is to improve customer experience, for internal research and marketing and sales purposes. We may share information with advertisers and vendors to comply with lawful agreements and for advertising purposes. Fabletics retains potential liability in cases of onward transfer of information to third parties.
Fabletics may also be required to disclose personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
ACCESSING AND UPDATING YOUR PERSONAL INFORMATION
You have the right to access, correct or delete personal data which has been provided to Fabletics. At any time, you may update or correct your online account information by logging into your account and navigating to the "My Account" page or by contacting us. You may also delete your personal data by contacting us to deactivate your account, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.
If you do not want Fabletics to use or disclose your information or provide your information to third parties for marketing and sales purposes, please contact Fabletics at the address provided below under “Inquiries or Complaints Regarding the EU-US Privacy Shield Program”. If you have already received a non-administrative communication that you did not wish to receive, you may opt-out by clicking the unsubscribe link or by following the instructions included in the communication.
INQUIRIES OR COMPLAINTS REGARDING THE EU-US PRIVACY SHIELD PROGRAM
Attn: Legal Department/Privacy
25 Wilton Rd
London, SW1V 1LW
Fabletics has further committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint. There is no charge to consumers for calling or using this independent dispute resolution mechanism.
Under certain limited conditions, European Union individuals may be able to invoke binding arbitration before the Privacy Shield Panel to be created by the U.S. Department of Commerce and the European Commission.
Fabletics is subject to the jurisdiction and investigatory and enforcement powers of the Federal Trade Commission (FTC).
Updated on 12/27/2019