California Privacy Rights

California Privacy Rights

Lucky Brand Privacy Notice for California Residents

 

This Privacy Notice for California Residents (this "Notice") supplements the information contained in Lucky Brand’s Privacy Policy (“Privacy Policy”) and applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you"). We adopt this Notice to comply with the California Consumer Privacy Act (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Notice.

Information We Collect

Our website collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("personal information"). 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; otherwise, the data is not subject to this Notice.

 

In particular, Lucky Brand has collected, used, and shared personal information from its consumers within the last twelve (12) months as follows:

 

Category

Examples

Collected

Sources of Collected information

Business/ Commercial Purpose for Use (See “Use of Personal Information” below)

Categories of Third Parties with Whom Personal Information is Shared

A. Identifiers

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.

Automatically or indirectly from you, Third Parties, and Service Providers

Yes

i - xv

Service Providers, Legal/Compliance, Sale of Business

B. Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, signature, address, telephone number, bank account number, credit card number, debit card number, or any other financial information.

Yes

Automatically or indirectly from you, Third Parties, and Service Providers

i - xv

Service Providers, Legal/Compliance, Sale of Business

C. Protected classification characteristics under California or federal law.

Age (40 years or older), race, color, national origin, citizenship, marital status, or sex (including gender, gender identity, and gender expression).

Yes

Automatically or indirectly from you

i - xv

Service Providers, Legal/Compliance, Sale of Business

D. Commercial Information

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

Yes

Automatically or indirectly from you

i - xv

Service Providers, Legal/Compliance, Sale of Business

E. Biometric Information

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

No

N/A

N/A

N/A

F. Internet or other similar network activity

Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

Yes

Automatically or indirectly from you, Third Parties, and Service Providers

i - xv

Service Providers, Legal/Compliance, Sale of Business

G. Geolocation data

Physical location or movements.

Yes

Automatically or indirectly from you, Third Parties, and Service Providers

i - xv

Service Providers, Legal/Compliance, Sale of Business

H. Sensory data

Audio, electronic, visual, thermal, olfactory, or similar information.

No

N/A

N/A

N/A

I. Professional or employment-related information

Current or past job history or performance evaluations.

No

N/A

N/A

N/A

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

No

N/A

N/A

N/A

K. Inferences drawn from other personal information

Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Yes

Automatically or indirectly from you, Third Parties, and Service Providers

i - xv

Service Providers, Legal/Compliance, Sale of Business

 

 
Use of Personal Information

 

We may use, or disclose the personal information we collect for business purposes, which include one or more of the following:

 

  1. To fulfill or meet the reason you provided the information. For example, if you share your name and contact information and 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.

  2. To provide, support, personalize, and develop our website, products, and services.

  3. To create, maintain, customize, and secure your account with us.

  4. To process your requests, purchases, transactions, and payments and prevent transactional fraud.

  5. To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.

  6. 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).

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

  8. For product development, including to analyze, develop and improve our website, products, and services.

  9. To contact you about new products, sales, promotions, special offers and events, product and consumer surveys, and new site features.

  10. To comply with your preferences when you opt not to receive promotional communications.

  11. To verify your location and to deliver relevant advertising based on your location (such as to display the location of our nearest retail store to you) and share your location with our service providers as part of our location-based services.

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

  13. As necessary or appropriate to protect the rights, property, and safety of our users, us, and other third parties.

  14. As described to you when collecting your personal information, as stated in the Privacy Policy, or as otherwise set forth in the CCPA.

  15. To evaluate or conduct a merger, divestiture, financing, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Lucky Brand's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Lucky Brand about our website users is among the assets transferred.

 

Lucky Brand will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

 

Sharing Personal Information

Lucky Brand may share your personal information with the following categories of third parties:

 

  1. Affiliates, Partners and Service Providers: We may disclose personal information with our affiliates, strategic and/or marketing partners and with our service providers. Certain of our affiliates and service providers may disclose this personal information to their affiliates and/or service providers whom they engage to perform services related to the Web Site or the operation of our business. Examples of these services include payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, web site evaluation, data analysis and, where applicable, data cleansing.

  2. Legal and Compliance: We may disclose personal information if we believe in good faith that: The law or legal process requires it; we have received a valid administrative request from a law enforcement agency; or such release is necessary to protect our rights, property or safety or those of any of our affiliates, service providers, customers or others.

  3. Sale of Business: We may disclose or transfer your personal information in the event one of our companies is involved in a merger, acquisition, consolidation, sale of our business or substantially all of our assets, or declares bankruptcy.

 

Sale of Personal Information

We never monetize your personal information; however, the CCPA has a broad definition of “sale” that includes transactions other than what would be traditionally considered sales. In the past twelve (12) months, we have “sold” (as defined under the CCPA) the following categories of personal information set forth in the table under “Information We Collect”: Internet, or other electronic network activity information. We have “sold” your personal information to third parties who provide cross-platform advertising and related tracking for our products.

 

We do not and will not knowingly sell the personal information of minors under the age of 16 without affirmative authorization.

 

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

 

Right to Know and Data Portability Rights

You have the right to request that Lucky Brand 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 (see Exercising Access, Data Portability, and Deletion Rights), 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.

  • The categories of personal information that we have sold or disclosed about you for a business purpose.

  • 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).

 

Deletion Request Rights

You have the right to request that Lucky Brand delete any of your personal information that we collect from you and retain, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete and direct our service providers to delete your personal information from our records, unless an exception applies.

 

Please note that if you request deletion of your personal information, 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, 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.

 

Right to Opt-Out

You have the right to opt-out of the sale of your personal information. You also have the right to opt-in to the sale of personal information. Please see our “CCPA Opt-Out Form” for more information on exercising your opt-out right.

 

Right to Non-Discrimination

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

 

Some of our products or services, however, may require your personal information. If you choose not to provide your personal information, you may not be able to use those products or services.

 

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

  • Submitting a Verifiable Consumer Request Here.

  • Submitting an Opt-Out Request Here.

  • Calling us at 1-866-975-5825.

  • Visiting one of our store locations.

 

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:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.

  • 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.

 

Consumer Request by an Authorized Agent

If any authorized agent submits a consumer request on your behalf, in order to confirm that person or entity’s authority to act on your behalf and verify the authorized agent’s identity, we require an email be sent to customerservice@luckybrand.com, with a subject line of “Authorized Agent CCPA Request” along with all of the below items:

  • To verify the authorization to request on behalf of a California resident, one or more of the following: 1) California Secretary of State authorization, 2) written permission from the California resident, or 3) power of attorney.

  • Sufficient information to verify the authorized agent’s identity, depending on the nature of the request.

  • To verify the identity of the California resident for whom the request is being made, provide the information set forth above to comply with the requirements for submitting a verifiable consumer request.

 

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. We will deliver our written response by mail or electronically.

 

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer’s request receipt. The response we provide will contain information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance. We 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 usable 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.

California Shine the Light Law

Pursuant to California Civil Code Section 1798.83, if you live in the State of California, you may request certain information about the type of your personal information we share with third parties for direct marketing purposes and the identity of any such third party. Once per calendar year, California residents may request this information by contacting us at the address below. However, we do not disclose personal information protected under the “Shine the Light” law to third parties for their own direct marketing purposes.

California Do Not Track Disclosure

Do Not Track (“DNT”) is a privacy preference that you can set in your web browsers, which allows you to opt out of tracking by websites and online services. Currently, we do not recognize or respond to DNT signals. For more information about DNT, please visit the cookie section of our Privacy Policy.

Changes to Our Privacy Notice

The most current version of this Notice will be available on this page and will supersede all previous versions of this Notice. Lucky Brand reserves the right to amend this Notice at our discretion and at any time. When we make material changes to this Notice, we will post the updated notice on the website and update the Notice's “Last Reviewed On” date. We may highlight the link to this Notice, post a notice on our website, or send an email describing the changes. You should check the website regularly to see if any recent changes to this Notice have occurred. Your continued use of our website following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this Notice, the ways in which Lucky Brand collects and uses your information described here and in the Privacy Policy, your choices and rights regarding such use, please do not hesitate to contact us at:

  • Lucky OpCo LLC

  • Attn: Customer Relations

  • Address: 3880 N. Mission Road, Los Angeles, CA 90031

  • Re: PRIVACY POLICY – CALIFORNIA

  • Email: customerservice@luckybrand.com

  • Telephone: 1-866-975-5825

 

Please include “Privacy Policy – California” as the subject line in any written communication, as well as your full name, email address, and postal address in your message.

 

Last Updated December 28, 2020