Privacy Policy
Effective Date: August 21, 2024
BEN SHERMAN PRIVACY POLICY
Welcome to Ben Sherman, located online at bensherman.com, which is part of the Marquee Brands family of companies (collectively, “Marquee”). We know you care about your information and how we handle it. Part of our commitment to supporting you as a customer and member of our community is to be transparent with how we use and disclose your personal information.
This Privacy Policy describes how we use the data we collect from you through our digital properties (“Site”), when you buy merchandise from us online, and when you otherwise interact with us and our marketing, contests, sweepstakes, and surveys (collectively our “Services”).
Please read this Privacy Policy carefully to understand how we will treat your information.
HOW WE COLLECT INFORMATION ABOUT YOU
Directly From You
You may provide us with personal information in several ways, such as when you:
- Provide information to us via our websites, applications, and other digital channels by signing up, creating accounts (including using social media login), filling out forms, commenting, or otherwise engaging with our online services;
- Communicate with us by e-mail or phone;
- Subscribe to e-mails and/or newsletters;
- Report a problem or request support for any of our Services;
- Buy merchandise from us online at Bensherman.com;
- Interact with our Social Media accounts; and
- Participate in our contests, promotions, sweepstakes, or surveys.
Information We Collect From Other Sources
We work closely with third parties (for example, technical service providers, promotions companies, advertising networks, and analytics providers) and may receive information about you from them. Depending on the relationship and activity, they will provide us with certain information that will help us understand how you interact with Bensherman.com so we can tailor our marketing and provide better, more personalized Services to you. In some cases, third parties also provide us with information that helps us keep track of transactions, address technical or logistical issues, prevent fraud, or keep our community safe from security threats.
We may also receive and display information and content which you make publicly available on your social media account when you use social media logins for our Services or interact with any of our content (such as entering sweepstakes, giveaway, contests, and requesting information from us, including coupons and discount codes).
We may also receive and display information and content which you make publicly available on your social media account, such as when you post using one of our promoted hashtags.
INFORMATION WE COLLECT AND HOW WE USE IT
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PERSONAL INFORMATION |
SOURCE OF THE PERSONAL INFORMATION |
PURPOSES FOR WHICH WE USE THE PERSONAL INFORMATION |
CATEGORIES OF ENTITIES TO WHICH WE DISCLOSE THE PERSONAL INFORMATION |
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Personal and online identifiers (such as first and last name, email address, phone number, usernames, or unique online identifiers, IDFA, AAID) |
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Financial Account Information (such as credit card numbers, bank account information, Paypal account information) |
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Customer Profile Information (such as race, gender, age range, income range, ad demographics) |
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Transactional Information |
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Communications with you (such as customer support messages, emails, social media posts) |
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Online Activity Information (such as browsing history, search history, interactions with a website, email, application, or advertisement) |
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Non-Precise Geolocation information (such as zip or area code, state, country) |
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Precise Geolocation (such as home or billing address or latitude and longitude) |
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Inferences drawn from the above information about your predicted characteristics and preferences |
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Other information about you that is linked to the personal information above |
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· To Provide and Improve the Services · Personalization of the Services |
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We may also use the information we have about you:
- as necessary if we believe there has been a breach of the term and conditions associated with our website, the rights of any third party, or
- to comply with legal and/or regulatory requirements.
We combine information we receive from other sources with information you give to us and information we collect about you. We use this combined information for the purposes set out above.
The laws in some jurisdictions (such as those in the European Union and United Kingdom) require us to inform you of the “legal bases” on which we process your personal information. The legal bases for using your personal information as set forth in this Privacy Policy are as follows:
- Where we need to perform the contract we have entered into or are about to enter into with you for the Services.
- 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 or regulatory obligation.
- Where we have your consent to process your information in a certain way.
DISCLOSURE OF PERSONAL INFORMATION
We may disclose your personal information to Marquee, its family of brands, and other categories of partners as listed above. We may also disclose your personal information to selected third parties including:
- business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you in order to provide you with a product or service;
- business partners, suppliers and sub-contractors to provide you with information about promotions and offers;
- advertisers, advertising networks and social networks that require the data to select and serve relevant advertisements to you and, in some cases, to others. For more information on how we use personal information for targeted advertising, see below; and
- analytics and search engine providers that assist us in the improvement and optimization of the Service.
- Third parties unaffiliated with bensherman.com who believe you may be interested in their products or services, and who may send you marketing information.
We may disclose your personal information to third parties:
- If we enter into negotiations to buy, sell, or merge with any business or assets (whether all assets or some), or if we enter into bankruptcy, reorganization, or receivership, in which case we may disclose your personal information to the prospective or eventual seller or buyer of such business or assets;
- if we are under a duty to disclose your personal information in order to comply with any legal obligation, or in the event of an emergency, or in order to enforce or apply our Terms of Use and other agreements, or to protect the rights, property, or safety of Bensherman.com, Marquee, our customers, clients or others; and
- to any other third party not covered in this policy with your prior consent.
MARKETING AND ADVERTISING
Email Marketing
We also add you to our mailing lists for email communications from us and our partners, including Marquee or one of its affiliates, when you sign up for our mailing lists, purchase our merchandise, or subscribe to our content online. You may also be opted in to receive email or commercial communications if you have entered a contest or sweepstakes or other promotion, including securing a discount. Regardless of how you have provided us your email address for marketing purposes, if you receive commercial content from us at your email address, you can opt out at any time by using the unsubscribe links at the bottom of our emails. Please note that even if you opt out of receiving commercial emails, you will still receive emails that are transactional in nature or related to our relationship with you, including emails about orders you have placed, actions taken on your account, updates to our online policies, and other non-commercial communications.
Mobile Notifications
With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.
Text Messaging
We may also ask you to consent to receive text message communications from us. You may opt-out entirely of receiving any text messages from us—promotional, transactional, or otherwise—by replying STOP to any text message you receive from us.
Message and data rates may apply. By providing your mobile number to use, pursuant to our request, you consent to receive recurring text messages and site abandonment reminder messages (including shopping cart or purchase reminders). You also confirm that you have authority to consent to receive text messages at the number you provide. Reply STOP to any message to cancel. Text HELP to any message for help. You understand that you do not have to sign up for any text program in order to make any purchases, and your consent is not a condition of purchase. By signing up, you are confirming you are of legal age to enter into and agree to our Privacy Policy and Terms of Use. You understand that we will send mobile text message using automated technology. Further, you are responsible for updating us if your mobile number changes or transfers to another user; otherwise, we will continue to send text updates under your prior express written consent. For more information, contact us here.
SOCIAL DISCLOSURES
You may be able to use social disclosure features and other integrated tools on the Services such as the Facebook "Like" button. These features and tools may permit you to share actions you take on our Services with other media, and vice versa. Your use of such features enables the disclosure of information with your friends or the public, depending on the settings you establish with the service that provides the social disclosure feature. Please remember, though, that use of the information you disclose on social media sites will be governed by the privacy policies of the social media provider, and we are not responsible for how they treat the information.
YOUR CONTENT
If you participate in our online services or access certain public or other interactive areas on the Services, such as commenting on our blog or by creating a public profile, the information you voluntarily disclose may be accessible to other Service users and, in some cases, the general public. We cannot prevent such information from being used in a manner that may violate this Privacy Policy, the law, or your personal privacy.
COOKIES AND ONLINE TARGETED ADVERTISING
We and our third-party providers use cookies and other tracking mechanisms to track information about your use of our Services. We may combine this information with other personal information we collect from you (and our third-party providers may do so on our behalf).
Cookies. “Cookies” are small data files stored on your own computer’s hard drive. We (and our third-party providers) use cookies to facilitate the operation of our Services (e.g., as part of the account login and checkout features), to personalize the content we display to you, and for analytics, marketing, and advertising purposes. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. If you choose to reject cookies, certain functions and applications on our Services may not work properly.
Pixel Tags. Pixel tags (a.k.a. web beacons, web bugs or clear GIFs) are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, though, clear GIFs are embedded invisibly on web pages, not stored on your hard drive. We might use clear GIFs to track the activities of users of our Services, help us manage content, and compile statistics about usage. We and our third-party providers also might use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.
Third-Party Analytics. We use automated devices and applications, such as Google Analytics, (for more information, click here) to evaluate usage of our Services, including to determine the popularity of certain content, deliver advertising and content targeted to your interests on our websites and other websites and better understand your online or offline activity. We use these tools to help us improve our Services, performance, and user experiences. These entities may use cookies and other tracking technologies to perform their services.
Online Advertising. We strive to provide you with relevant, tailored advertising regarding our Services. To do this, we work with online advertising partners to deliver advertisements that are more tailored to you both on our Services and on third-party Services.
To engage in these activities, our partners may place cookies, pixel tags and similar technologies on many online services, including ours. They use these technologies to collect information about your activities on across different online services to deliver you more relevant advertising. For example, they may use the information they collect from their cookies on our Services to identify products and services you might be interested in and to recognize your device so they can show you relevant advertisements while you are using another online service.
We do not have access to, and this Privacy Policy does not govern, the use of cookies or other tracking technologies that may be placed on devices you use to access our Services by non-affiliated third parties. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your devices to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link or the Digital Advertising Alliance’s Consumer Opt-Out link to opt out of receiving tailored advertising from companies that participate in those programs. For additional ways to opt-out of targeted advertising activities under applicable law, see the “Your Rights and Choices” section below.
Please note that these opt-outs apply per browser and per device, so you will have to opt out for each device—and each browser on each device—through which you access our Services.
DO NOT TRACK
Some web browsers may transmit "do-not-track" signals to the websites with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether you intend for these signals to be transmitted, or whether you even are aware of them. Because there currently is no industry standard concerning what, if anything, websites should do when they receive such signals, we currently do not act in response to these signals.
INFORMATION FOR INTERNATIONAL USERS
We are based in the United States. If you are located outside of the United States, please be aware that we may store and process your information in the United States or any other country where we or our vendors are located. If you are located in the European Union or other regions with laws governing data collection and use that may differ from United States law, please note that we may transfer your information to a country and jurisdiction that does not have the same data protection laws as your jurisdiction. The laws of some jurisdictions may, in certain instances, require disclosure of personal information in response to inquiries or requests from government authorities or to respond to legal process. By using our Services, you consent to the transfer of your information to jurisdictions where we and our vendors are located. If you do not want your information to be transferred in this way, do not use our Services.
CHILDREN
We do not knowingly collect information from children who are under 13 years old. If you are a parent or guardian of a minor who is under 18 years old and using our Services, you may contact us here to request deletion of any personal information we may have collected about the minor. If you are a parent or guardian of a minor using our Services, please contact us to arrange for deletion of any personal information we may have collected about the minor. For privacy reasons, we may request proof of relationship to the minor.
YOUR RIGHTS AND CHOICES
Depending on your jurisdiction or state of residence, you may have certain rights and control over your information, which may include the following:
- Access to, or a copy of, your information
- Confirmation that we are processing your information
- Correction or amendment of your information
- Deletion of your information
- Transfer of your information to a third party
- Restriction or objection to certain uses of your information
- The right not to be subject to automated processing that results in legal or significant effects
If you have provided consent for us to use your information for a specific purpose, you may also request to withdraw that consent.
Note: Where certain technologies rely on your data to provide the Services, the absence of that data may impact the operation of the Services.
How to Exercise Your Rights. To exercise the above rights, you may begin the process by Contacting Us and making your request.
Verification. Some requests must be verified. We may ask you to provide us with information necessary to reasonably verify your identity before responding to your request. If we cannot verify your identity based on the information provided, a request for a copy of your information shall be treated as a request for information about our handling of information more generally, and a request to delete personal information may be treated as a request to opt-out of the sale of personal information.
Authorized Agent. You may designate an authorized agent to make a request on your behalf. An authorized agent must have written documentation of their authority to act on your behalf, such as a Power of Attorney.
Responding to Your Request. We will consider all requests and provide our response as required by applicable law. Please note, however, that certain information may be exempt from such requests (e.g., where we are required to keep information for legal purposes, or where deletion of information would interfere with freedom of expression). Depending on your jurisdiction or state of residence, if we deny your request in whole or in part, you may have the right to appeal the decision. In such circumstances, we will provide you with information regarding the appeals process.
OPTING OUT OF THE SALE OF YOUR PERSONAL INFORMATION AND THE SHARING OR PROCESSING OF YOUR PERSONAL INFORMATION FOR TARGETED ADVERTISING
We partner with a variety of companies and may disclose personal information to such parties so they can market additional opportunities to you. As described in the “Cookies” section above, we may also use analytics and online advertising tools that result in the disclosure of your information to our third-party partners. These activities may be considered “sales” of your personal information or the sharing or processing of your personal information for online targeted advertising.
You may opt out of these activities by Contacting Us. You may be asked to provide certain information to exercise this option so we can verify your identity and locate your records with us.
Please note that your decision to opt out of the sale of your personal information may impact the availability and quality of some of the Services provided to you.
SECURITY
We use a variety of administrative, physical, and technology solutions, including engaging with qualified cybersecurity companies, to protect your information from unauthorized access, loss, or misuse. Because there is always some risk in transmitting information over the internet and otherwise processing information, we cannot and do not guarantee or warrant the security of any information that you transmit on or through the Services or that we otherwise maintain.
RETENTION
We retain information for different periods of time depending on the purposes for which we collect and use it, as described in this Privacy Policy. We will delete or de-identify information when it is no longer needed to fulfill these purposes unless a longer retention period is required to comply with applicable laws. There may be technical or other operational reasons where we are unable to fully delete or de-identify your information. Where this is the case, we will take reasonable measures to prevent further processing your information.
LINKS TO THIRD PARTY WEBSITES
Our Services, newsletters, email updates and other communications may, from time to time, contain links to and from the websites of others, including our partner networks, retail partners, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.
ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS
This section applies to you only if you are a resident of the state of California.
- Collection, Use, Disclosure, and Retention of Personal Information.
If you are a California resident, the California Consumer Privacy Act, as amended (“CCPA”) requires us to provide you with certain information about the categories of “personal information” (as defined in the CCPA) that we collect, the purpose for which we use each category of personal information, and the categories of entities to which we disclose such personal information for a business purpose. This information is provided in the section above titled “HOW WE COLLECT INFORMATION ABOUT YOU.” Some of the personal information we collect may be deemed “sensitive” under the CCPA, such as precise geolocation information. We retain your personal information as described in the section above titled “RETENTION.”
- Your CCPA Rights.
In addition to the rights you have in the “Your Rights and Choices” section of the Privacy Policy above, under the CCPA, you also have the right to receive information about the financial incentives that we offer to you, if any. You have the right to not be discriminated against (as provided for in applicable law) for exercising certain of your rights. The CCPA also allows you to limit the use or disclosure of your “sensitive personal information” (as defined in the CCPA) if your “sensitive personal information” is used for certain purposes. We do not use sensitive personal information for purposes for which you have the right to limit.
- “Sale” and “Sharing”.
The CCPA requires us to provide you with information about how we (a) “share” personal information for “cross-context behavioral advertising,” and/or (b) “sell” such personal information. Under the CCPA, “sharing” is defined as the targeting of advertising to a consumer based on that consumer’s personal information obtained from the consumer’s activity across websites, and “selling” is defined as the disclosure of personal information to third parties in exchange for monetary or other valuable consideration. Our use of third-party online advertising services may result in the sharing of online identifiers (e.g., cookie data, IP addresses, device identifiers, and usage information) in a way that may be considered a “sale” or “sharing” under the CCPA, as is our disclosure of your contact information to our partners so that they can send you more relevant marketing. To opt out of these activities, please contact us.
We do not knowingly “sell” or “share” the personal information of children under 16.
UPDATES
Any updates we may make to our Privacy Policy will be posted on this page, and we may also provide a website notice of any material changes for a reasonable period of time. Please check back frequently to see any updates or changes to our Privacy Policy. If you do not agree or consent to these updates or changes, do not continue to use the Services.
CONTACT
Questions or comments regarding this Privacy Policy should be submitted on our Contact Page.