Last Updated: April 13, 2023
This Privacy Policy describes how Lucky OpCo LLC (referred to as “Lucky Brand”, “we,” or “us”) collects, uses, discloses, and otherwise processes information about you. This Privacy Policy applies to Lucky Brand’s operations in the United States, including information we collect when you access or use our websites that link to this Privacy Policy (collectively, our “Services”), or when you otherwise interact with us, such as in our stores, through our customer support channels or marketing campaigns, at an event, or on social media. We may provide different or additional notices of our privacy practices for certain products, services, or activities, in which case those notices will supplement or replace the disclosures in this Privacy Policy.
If you visit a Lucky Brand store or website from outside the United States, this Privacy Policy will not apply to you. Lucky Brand international operations (including stores and websites) are operated by independent third parties, and the privacy policies of those third parties will apply to the personal information they collect.
We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this policy. If we make material changes, we will provide you with additional notice (such as by adding a statement to the Services or sending you a notification). We encourage you to review this Privacy Policy regularly to stay informed about our information practices and the choices available to you.
CONTENTS
- Collection of Information
- Use of Information
- Targeted Advertising and Analytics
- Disclosure of Information
- Children’s Privacy
- Your Privacy Rights and Choices
- Additional Disclosures for Individuals in California
- Contact Us
COLLECTION OF INFORMATION
The information we collect about you depends on how you interact with us or use our Services. In this section, we describe the categories of information we collect and the sources of this information.
Information You Provide to Us
We collect information you provide directly to us. For example, we collect information directly from you when you create an account, make a purchase, submit or post content through our Services (including product reviews and other user-generated content), communicate with us via third-party platforms, participate in our contests, sweepstakes, or promotions, sign up for marketing communications from us, participate in a research panel, request customer support, or otherwise communicate with us. The types of information that we collect include your name, email address, billing address, shipping address, phone number, username and password for a Lucky Brand account, month and day of birth, gender/gender identity, body measurements and body type, age, social media handle, videos, images, information about your lifestyle, shopping habits, interests, and hobbies, and any other information you choose to provide. If you make a purchase from us, we work with a third-party payment processor to collect and process your payment information.
Information We Collect Automatically
We automatically collect certain information about your interactions with us or our Services, including:
- Transactional Information: When you make a purchase, exchange, or return, we collect information about the transaction, such as product details, purchase price, and the date and location of the transaction.
- Device and Usage Information: We collect information about how you access our Services, including data about the device and network you use, such as your hardware model, operating system version, mobile network, IP address, unique device identifiers, and browser type. We also collect information about your activity on our Services and your interactions with our ads and communications, such as the routes by which you access our Services along with access dates and times, browsing behavior such as pages viewed, links clicked, information about your activity on a specific page, items placed in your cart or added to your wish list, and information about your interactions with our emails.
- Audio and Video Recordings, Photos, and Chat Content: We capture photographs and video recordings in our stores for security and loss prevention purposes. If you contact customer service through our chat feature or by phone, we may monitor and retain those conversations, including for training purposes.
- Information Collected by Cookies and Similar Tracking Technologies: We use tracking technologies, such as cookies, pixels, web beacons, APIs, and clear GIFs to collect information about your interactions with the Services. These technologies help us improve our Services and your experience, see which areas and features of our Services are popular, and count visits. For more information about the cookies and other tracking technologies we use and how to disable them, see the Cookies and Similar Tracking Technologies section below.
Information We Collect from Other Sources
We are part of the SPARC Group and may receive information about you from other brands in our corporate family. We also obtain information from other sources, such as:
- Your friends or family members who invite you to participate in our referral programs;
- Marketing partners (including joint marketing/co-branding partners, data co-ops, and marketing, advertising, and analytics companies); and
- Service providers and vendors (including fraud prevention providers, mailing list providers, fulfillment partners, and shipping carriers).
The types of information we collect include your contact information (such as name, phone number, or postal address), device and usage information (such as IP address or approximate location), demographic information (such as gender or information about your occupation and household), and information about previous purchases, product preferences, interests, and shopping habits.
Additionally, if you create or log into your Lucky Brand account or interact with us through a third-party platform (such as Facebook, Apple, or Google), we will have access to certain information from that platform, such as your profile information, profile picture, user ID associated with your third-party platform account, and any other information the third-party platform discloses about you, in accordance with the authorization procedures determined by such platform.
Information We Derive
We may derive information or draw inferences about you based on the information we collect. For example, we may make inferences about your approximate location based on your IP address or infer that you are looking to purchase certain products based on your browsing behavior and past purchases.
USE OF INFORMATION
We use the categories of information we collect to provide the products and services you request and personalize your experience with us. We also use the information we collect to:
- Provide, improve, and develop new products and services;
- Send you technical notices, security alerts, support messages, and other transactional or relationship messages;
- Communicate with you about products, services, promotions, and events offered by Lucky Brand and others and provide news and information that we think will interest you (go to our Marketing Opt-Out Form for information about how to opt out of these communications at any time);
- Monitor and analyze trends, usage, and activities in connection with our products and services;
- Target advertisements to you on third-party platforms and websites (for more information and to opt out, see the Opting Out of Targeted Advertising, Sharing, and Sales section below);
- Facilitate contests, sweepstakes, and promotions and process and deliver entries;
- Detect, investigate, and help prevent security incidents and other malicious, deceptive, fraudulent, or illegal activity and help protect the rights and property of Lucky Brand and others; and
- Comply with our legal and financial obligations.
TARGETED ADVERTISING AND ANALYTICS
We engage others to provide analytics, serve advertisements, and perform related services across the web and in mobile apps. These entities may use cookies, web beacons, SDKs, device identifiers, and other technologies to collect information about your use of our Services and other websites and mobile apps, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in mobile apps, links clicked, and conversion information. This information is used to deliver advertising targeted to your interests on other companies’ sites or mobile apps and to analyze and track data, determine the popularity of certain content, and better understand your activity. In addition, we may share identifiers, like email addresses and phone numbers, with some of our advertising partners. These advertising partners translate that information into a unique identifier that can then be used to show ads that are more relevant to you across the web and in mobile apps. Some of the activities described in this section may constitute “targeted advertising,” “sharing,” or “selling” under certain privacy laws. To learn more about the choices available to you with respect to these practices, see the Opting Out of Targeted Advertising, Sharing, and Sales section below.
You can also learn more about interest-based ads or opt out of having your web browsing information used for behavioral advertising purposes by companies that participate in the Digital Advertising Alliance by visiting www.aboutads.info/choices.
DISCLOSURES OF INFORMATION
In certain circumstances, we disclose (or permit others to directly collect) information about you. We disclose personal information as described in this Privacy Policy and in the following ways:
- We disclose personal information to vendors, service providers, contractors, and consultants that need this information to provide services to us, such as companies that assist us with web hosting, shipping and delivery, payment processing, fraud prevention, customer service, marketing, advertising, and analytics.
- If you provide a product review or otherwise post content on our Services, other users of our Services and other sites where our products are sold will be able to see this information.
- We disclose personal information to data co-ops and data brokers to expand the reach and effectiveness of our marketing campaigns, and to other third parties for their own marketing purposes. Depending on where you reside, these activities may constitute “sales” and you may opt out of these disclosures by filling out our web form here.
- We are part of the SPARC Group and may disclose information about you to other brands in our corporate family, including for their marketing and advertising purposes. Depending on where you reside, these activities may constitute “sales” and you may opt out of these disclosures by filling out our web form here.
- We disclose personal information if we believe that disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements.
- We disclose personal information if we believe that your actions are inconsistent with our user agreements or policies, if we believe that you have violated the law, or if we believe it is necessary to protect the rights, property, and safety of Lucky Brand, our users, the public, or others.
- We disclose personal information to our lawyers and other professional advisors where necessary to obtain advice or otherwise protect and manage our business interests.
- We disclose personal information in connection with, or during negotiations of certain corporate transactions, including the merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company.
- We disclose personal information when we have your consent or if you direct us to do so.
We also disclose aggregated or de-identified information that cannot reasonably be used to identify you. Lucky Brand processes, maintains, and uses this information only in a de-identified fashion and will not attempt to re-identify such information, except as permitted by law.
CHILDREN’S PRIVACY
Our Services are not designed for children under the age of 16. If you are a parent or legal guardian and you believe that a child has provided personal information to us without your consent, please contact us at [email protected].
YOUR PRIVACY RIGHTS AND CHOICES
Communications Preferences
You may opt out of receiving text messages, promotional emails, or promotional mail from Lucky Brand by following the instructions in our Marketing Opt-Out Form or in those communications. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.
Access, Correction, and Deletion
Depending on where you reside, you may have the right to (1) request to know more about and access your personal information, including in a portable format, (2) request deletion of your personal information, and (3) request correction of inaccurate personal information.
To request access, correction, or deletion of your personal information, please fill out this form or call our toll-free number at 866-975-5825.
We may verify your request by asking you to provide information related to your recent interactions with us, such as your name, email, phone number, and postal address. If we deny your request, you may appeal our decision by contacting us at [email protected]. If you have concerns about the results of an appeal, you may contact the attorney general in the state where you reside.
Opting Out of Targeted Advertising, Sharing, and Sales
As described in the Targeted Advertising and Analytics section above, we process and disclose personal information to serve you advertisements on non-Lucky Brand properties. Some of these activities may be considered “sales” or “sharing” of your personal information or “targeted advertising” under certain laws. You may opt out of these activities by following the prompts .
In addition, we disclose your information to data co-ops, data brokers, our affiliates, or other third parties as further described above, which may constitute “sales” of your personal information under certain laws. Depending on where you reside, you may opt out of such activities by following the prompts here.
Nondiscrimination
We will not discriminate against you for exercising your privacy rights.
Cookies and Similar Tracking Technologies
Lucky Brand uses cookies and similar tracking technologies to analyze visits to our websites and interactions with our communications to help us improve our website, services, and marketing campaigns. Most web browsers are set to accept cookies by default. If you prefer, you can usually adjust your browser settings to remove or reject browser cookies. Please follow your browser’s instructions to do so. Note that removing or rejecting cookies could affect the availability and functionality of our Services.
ADDITIONAL DISCLOSURES FOR INDIVIDUALS IN CALIFORNIA
The California Consumer Privacy Act (“CCPA”) and California’s Shine the Light law provide consumers residing in California certain rights with respect to their personal information. If you are a California resident, this section applies to you.
Additional Disclosures
We collect, and in the preceding 12 months we have collected, the following categories of personal information: identifiers (such as your name, email, account credentials, and IP address); characteristics of protected classifications under California or U.S. law (such as your gender); commercial information (such as records of products purchased); internet and electronic network activity (such as information about your activity on our Services); approximate geolocation data (such as your city of residence); audio or visual information (such as phone recordings when you call our customer service channels); and inferences drawn from your personal information to create a profile (such as your shopping preferences).
For details about the specific data points we collect and the categories of sources of such collection, please see the Collection of Information section above. For information about the business and commercial purposes for collecting your personal information, see the Use of Information section above. Additionally, see the Disclosure of Information section above for information about the business and commercial purposes for disclosing your personal information. In the preceding 12 months we have disclosed the following categories of personal information for business purposes to the following categories of recipients:
| Category of Personal Information | Categories of Recipients |
|---|---|
| Identifiers | Advertising and marketing partners, other brands in our corporate family, Internet service providers, research and data analytics providers, providers of Lucky Brand’s sweepstakes and other programs, operating systems and platforms, payment processors, fulfilment partners, customer support partners, event partners, fraud prevention partners |
| Characteristics of protected classifications under California or U.S. federal law | Advertising and marketing partners, other brands in our corporate family, Internet service providers, research and data analytics providers, customer support partners, fraud prevention partners |
| Commercial information | Advertising and marketing partners, other brands in our corporate family, Internet service providers, research and data analytics providers, operating systems and platforms, payment processors, fulfilment partners, customer support partners, event partners, fraud prevention partners |
| Internet and electronic network activity | Advertising and marketing partners, other brands in our corporate family, Internet service providers, research and data analytics providers, operating systems and platforms, providers of Lucky Brand’s sweepstakes and other programs, payment processors, fulfilment partners, customer support partners, event partners, fraud prevention partners |
| Geolocation data (approximate only) | Advertising and marketing partners, other brands in our corporate family, Internet service providers, research and data analytics providers, payment processors, fraud prevention partners, operating systems and platforms, cloud service providers |
| Audio or visual data | Internet service providers, other brands in our corporate family, operating systems and platforms, providers of Lucky Brand’s sweepstakes and other programs, customer support partners, fraud prevention partners |
| Inferences drawn from your personal information to create a profile | Advertising and marketing partners, other brands in our corporate family, research and data analytics providers, customer support partners, Internet service providers |
We do not use or disclose sensitive personal information for the purpose of inferring characteristics about you.
We “share” and “sell” personal information with third parties for the purposes of engaging in marketing and advertising activities, including to expand the reach and effectiveness of our own marketing and for third parties’ own marketing purposes. We share or sell the following categories of personal information to the following categories of third parties:
| Category of Personal Information | Category of Third Parties |
|---|---|
| Identifiers | Joint marketing campaign partners, advertising and marketing networks, other brands in our corporate family, data co-ops, data brokers |
| Characteristics of protected classifications under California or U.S. federal law | Advertising and marketing networks, other brands in our corporate family |
| Commercial information | Joint marketing campaign partners, advertising and marketing networks, other brands in our corporate family, data co-ops, data brokers |
| Internet and electronic network activity | Joint marketing campaign partners, advertising and marketing networks, other brands in our corporate family |
| Inferences drawn from your personal information to create a profile | Joint marketing campaign partners, advertising and marketing networks, other brands in our corporate family |
We do not knowingly sell or share personal information about consumers under the age of 16.
Your Privacy Rights
You have the right to opt out of sharing, sales, and targeted advertising at any time by clicking . You can also opt out of certain sharing, sales, and targeted advertising by visiting our Services with a legally-recognized universal choice signal enabled, such as the Global Privacy Control (see for details).
Please see the Access, Correction, and Deletion section above for more information about the privacy rights you have as a California resident, how to exercise your rights, and how we will verify your requests.
If you are submitting a rights request as an authorized agent, you are required to submit proof of your authorization to make the request, such as a valid power of attorney or proof that you have signed permission from the individual who is the subject of the request. Please do not provide any sensitive personal information in connection with this request, such as a driver’s license or other government-issued ID. In some cases, we may be required to contact the individual who is the subject of the request to verify his or her own identity or confirm you have permission to submit this request.
Data Retention
Our retention periods for personal information are based on business needs and legal requirements. We retain personal information for as long as is necessary for the processing purpose(s) for which we originally collected it and for other business purposes explained in this Privacy Policy. For example, we may retain certain transaction details and correspondence until the time limit for claims arising from the transaction has expired. In addition, we retain your email address and information about your marketing preferences to ensure that we can honor those preferences.
Notice of Financial Incentives
We offer various financial incentives. For example, we may provide discounts or other benefits to customers who sign up to receive our marketing emails or text messages. When you participate in a financial incentive, we collect personal information from you, such as identifiers (like your name, email address, and phone number), commercial information (like your purchase history), and inferences drawn from your personal information (such as your product preferences and interests). You can opt into a financial incentive by following the sign-up or participation instructions provided. If you later decide to opt out, you can do so at any time by following the unsubscribe instructions in the applicable program’s terms and conditions, promotional emails, or text messages, or contacting us at [email protected] or call our toll-free number at 866-975-5825. In some cases, we may provide additional terms and conditions for a financial incentive, which we will provide to you when you sign up. The value of your personal information is reasonably related to the value of the offer or discount presented to you.
Shine the Light
California’s Shine the Light law permits residents of California to request certain details about how their information is disclosed to third parties for direct marketing purposes. Under the law, Lucky Brand must either provide this information or permit California residents to opt in to, or opt out of, this type of disclosure. Lucky Brand qualifies for this alternative option. To opt out of having information about you disclosed to our affiliates or other third parties for direct marketing purposes, please fill out this form.
CONTACT US
If you have any questions about this Privacy Policy, please contact us at [email protected] or call our toll-free number at 866-975-5825.