PRIVACY NOTICE FOR CALIFORNIA RESIDENTS
The following applies to you only if you are a California resident.
Your Rights and Choices
The California Privacy Rights Act (“CPRA”) provides consumers who are California residents with specific rights regarding their Personal Information.
Right to Access the Personal Information Collected, Disclosed, or Sold
As a California consumer, 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 as described below, we will disclose to you:
- The categories of Personal Information we collected about you
- The categories of the sources for the Personal Information we collected about you
- Our business or commercial purpose(s) for collecting, selling, or sharing that Personal Information.
- The categories of third parties to whom we disclose, sell, or share that Personal Information.
- The specific pieces of Personal information we collected about you
Right to Request Deletion of Personal Information
As a California consumer, you have the right to request that we delete any or all of the Personal Information that we collected from you or about you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete your Personal Information from our records and notify all of our services providers or third parties to whom we have sold or shared such Personal Information, to delete your Personal Information, unless this proves impossible or involves disproportionate effort.
We may deny your request to delete your Personal Information if retaining the Personal Information is necessary for us, our service providers, or our contractors to:
- Complete the transaction for which we collected the Personal Information, fulfill the terms of a written warranty or product recall conducted in accordance with applicable law, provide a good or service that you requested, take actions reasonably anticipated by you within the context of our ongoing business relationship with you, or otherwise perform our contract with you
- Help to ensure security and integrity to the extent the use of your Personal Information is reasonably necessary and proportionate for those purposes
- Debug to identify and repair errors that impair existing intended functionality
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.)
- Engage in public or peer-reviewed scientific, historical, or statistical research that conforms or adheres to all other applicable ethics and privacy laws, when the information's deletion is likely to render impossible or seriously impair such research, if you previously provided informed consent
- Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us and compatible with the context in which you provided the information
- Comply with a legal obligation
Right to Correct Inaccurate Information
As a California consumer, you have the right to request that we correct any inaccurate Personal Information that we have retained about you, taking into account the nature of the Personal Information and the purposes of the processing of the Personal Information.
Right to Limit use and Disclosure of Sensitive Personal Information
As a California consumer, you have the right to direct that we limit our use of your sensitive Personal Information to that use which is necessary:
- To perform the services or provide the goods reasonably expected by an average consumer who requests such goods or services
- To help ensure security and integrity to the extent the use of your sensitive Personal Information is reasonably necessary and proportionate for these purposes
- For short-term, transient use, including but not limited to, non-personalized advertising shown as part of your interaction with us, provided that your sensitive Personal Information is not disclosed to another third party and is not used to build a profile about you or otherwise alter an your experience outside the current interaction with us
- To perform services on behalf of us, or service providers, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of us
- To undertake activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us
If you would like to limit the use and disclosure of your sensitive Personal Information, please click here.
Right to Opt-Out of the Sale or Sharing of Personal Information
As a California consumer, you have the right to direct that we not to sell or share (as those terms are defined in the CPRA) your Personal Information. If you would like to opt-out of the sale of your Personal Information, please click here. If you would like to opt-out of the sharing of your Personal Information, please click here.
Right to Non-Retaliation if You Exercise any of Your Rights
As a California consumer, you have the right not to be discriminated against for exercising any of your CPRA rights. Unless permitted by the CPRA, if you exercise any of your California rights, 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.
How to Exercise Your Rights to Know and to Delete
To exercise your rights to know and/or to delete described above, please submit a verifiable consumer request to us by either:
- Calling us at 1-888-970-1050
- Emailing us at onlinecustomercare@therow.com
- Completing the form located here
Only you or a person registered with the California Secretary of State that you authorize 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 request to know the Personal Information we disclose to service providers or third parties 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.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request 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.
Response Timing and Format
We will confirm receipt of your verifiable consumer request within ten (10) business days and provide you with information about how we will process the request, describing our verification process and when you should expect a response. We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period immediately preceding our receipt of your verifiable request. 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 useable and should allow you to transmit the information from one entity to another entity.
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.
Information We Collect From California Consumers
We collect Personal 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 or household. Personal Information does not include:
- Publicly available information or lawfully obtained, truthful information that is a matter of public concern.
- Deidentified or aggregated consumer information
Within the last twelve (12) months, we have collected the following categories of Personal Information from California consumers. Some of the categories may overlap with each other. The below also shows the categories of Personal Information that we have shared for a business and/or commercial purpose within the last twelve (12) months. When we disclose Personal Information, we enter into a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.
| Category of Personal Information | Examples | Shared for a business purpose | Shared for a commercial purpose |
|---|---|---|---|
| Identifiers | A real name, postal address, unique personal or online identifier, Internet Protocol (IP) address, email address, telephone number | YES |
NO |
| Personal Information described in the California Customer Records statute (Cal.Civ.Code §1798.80(e)) |
All of the Identifiers listed above, plus: Card number, debit card number, or any other financial information |
YES | NO |
| Commercial information | Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies | YES | NO |
| Inferences drawn of other categories of Personal Information | A profile created about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes | YES | NO |
| Sensitive Personal Information |
Account Log-In Financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account Precise geolocation |
YES | NO |
We obtain the categories of Personal Information listed above from the following categories of sources:
- Directly from you. For example, from information that you provide to us through our online forms, email, or other means
- Indirectly from activity on our Sites. For example, from website usage details collected automatically
Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following business purposes:
- To fulfill or meet the reason for which the information is provided. For example, if you provide us with Personal Information in order for us to fulfill your product order
- To provide you with information, products or services that you request from us
- To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections
- To improve our Sites and present the contents to you
- For testing, research, analysis and product/service development
- As necessary or appropriate to protect the rights, property or safety of us, our Users, or others
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations
- As described to you when collecting your Personal Information or as otherwise set forth in the CPRA
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us is among the assets transferred
We may also use or disclose the Personal Information we collect for the following commercial purpose:
- To advance our commercial or economic interests, such as by inducing another person to buy, rent, lease, join, subscribe to, provide, or exchange products, goods, property, information, or services, or enabling or effecting, directly or indirectly, a commercial transaction.
We 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
We may disclose your Personal Information to a service provider or third party for a business and/or commercial purpose. When we disclose Personal Information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.
We disclose your Personal Information for a business purpose to the following categories of third parties:
- Our affiliates.
- Our service providers
- Third parties to whom you authorize us to disclose your Personal Information in connection with products or services we provide to you
- Advertising and marketing companies who deliver our advertisements and promotions to you
Sale of Personal Information
In the preceding twelve (12) months, we have not sold any Personal Information for monetary consideration. We do, however, disclose information for a commercial purpose by working with companies to deliver advertisements to you across the Internet. If you do not wish to have your Personal Information used for this purpose, please click the “Do Not Share My Information” link here, when you set up an account with us, or as shown on the first page of our Sites.
We do not knowingly sell or share Personal Information of minors under 16 years of age without affirmative authorization.
Additional Information
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of Personal Information we share with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit an email request to the following email address: onlinecustomercare@therow.com and include the words “CALIFORNIA PRIVACY” in the subject line, and you must put the statement “Your California Privacy Rights” in the body of the request and state the name of our specific website with respect to which you are requesting the information as well as your name, street address, city, state, and zip code.
Please note the following:
- Users can visit the Sites anonymously without providing their Personal Information, but we may collect Personal Information, such as IP addresses, automatically through the use of cookies or other tracking technologies;
- We will add a link to this Privacy Notice on our home page, or at a minimum, on the first significant page after entering the Sites;
- Our Privacy Policy link includes the word “Privacy” and can be easily be found on the page specified above;
- Users will be notified of any privacy policy changes on our Privacy Policy page;
- Users are able to change their Personal Information by emailing us, by calling us, or updating their Personal Information in their online accounts with us;
- Some Internet browsers include the ability to transmit “Do Not Track” signals that give you control over the collection and use of web browsing information. We will recognize and process such signals in Users’ web browsers; and
- We allow the collection of users’ behavioral tracking by third parties for analytical and marketing purposes.
Grievances and Complaints
Under California Civil Code Section 1789.3, residents of California who use this Website are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.
Notice to Residents of California Regarding Proposition 65
California’s Proposition 65 requires that businesses provide warnings to California residents about products that may contain chemicals that are known to cause cancer, birth defects, or other reproductive harm if those products expose consumers to such chemicals above certain threshold levels. Some of our products, including garments with zippers and buttons, handbags, footwear, wallets, fashion jewelry, and other accessories may contain traces of lead or other chemicals identified by Proposition 65. We provide the following warning to our California customers:
WARNING: Some products sold through our website may, from time to time, contain chemicals that are known to the State of California to cause cancer and birth defects or other reproductive harm and may be included on the Proposition 65 chemical list. If you need additional information, please email us at: onlinecustomercare@therow.com. We will respond as soon as possible and provide you with the information we possess about the materials within our products.
For more information on Proposition 65, please visit https://oehha.ca.gov/proposition-65.
Contact for More Information
If you have any questions or concerns about our Privacy Policy or this Notice regarding your privacy or Personal Information, please contact us at onlinecustomercare@therow.com