Privacy Policy
Effective Date: This Privacy Policy was last revised on January 1, 2020.
Introduction
Welcome! You have arrived at a web site or mobile application that is
provided by GUESS?, Inc. ("GUESS" or "we,"
"our" or "us"). This "Privacy Policy" governs
your use of GUESS.com, the GUESS mobile application(s), and any other official GUESS web site
(including mobile sites), interactive features, widgets, and/or other online
services that post a link to this Privacy Policy (collectively, referred to
as the "Site"). This Privacy Policy also applies to Personal
Information (defined below) we may collect from you in our retail stores
("Store" or "Stores") or GUESS sponsored events in the
United States and Canada, and through other channels associated with the
Site or Stores that are operated by us or on our behalf, such as though
official surveys and sweepstakes entry forms, when you connect with us via
telephone, our official social media pages or similar networks, at events or
in any other instance when you contact us (collectively, “Other
Channels”).
This Privacy Policy describes what information GUESS collects about you, why
we collect it, how we use it, and under what circumstances we share it with
third parties. This Privacy Policy also describes the choices you can make
about how we use your information. To the extent we provide you notice on
our Site or in our Stores of different or additional privacy policies or
practices (e.g., at the point of our collection), those additional terms
shall govern such data collection and use.
Note for California Residents
If you are a California resident, there are additional disclosures, rights
and procedures that apply to you or from which you may benefit, in addition
to those described in the general Privacy Policy. Please see the section
specific to California Residents below for more information.
Privacy Policy Details
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Collection of Information
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Information You Provide to Us
We may ask you to provide us: (i) your first and last name, email
address, home address, phone number, credit and debit card numbers
and date of birth or other information that could reasonably be used
to identify you personally (hereinafter "Personal
Information"); and/or (ii) demographic information, such as
information like your gender ("Demographic Information").
We may collect this information from you at various times and
places, such as when you:
- Submit account registration forms;
-
Sign up or request to be placed on our mailing, SMS text and/or
email marketing lists;
- Place an order through the Site;
- Sign up for any of our loyalty programs;
-
Participate in a survey or Promotion (defined in Section 3(e)
below);
- Contact us regarding a question or concern;
- Submit an application for employment; and
- Otherwise interact with GUESS, the Site or a Store.
Your decision to provide this information is voluntary, but if you
choose not to provide this requested information you may not be able
to take advantage of all of the Site's features or GUESS'
services.
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Information We Collect When You Use the Site
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In addition to information that you choose to submit to us, we
and/or our service providers may automatically collect and/or
store certain information when you visit or interact with the Site
("Usage Information"). This Usage Information may be
stored and/or accessed from your personal computer, laptop,
tablet, mobile phone or other device (a "Device")
whenever you visit or interact with our Site. Usage Information
may include:
-
your IP address or other unique identifier ("Device
Identifier");
-
your Device browser, operating system and mobile network
information;
-
the areas within our Site that you visit and your activities
there, including remembering you and your preferences;
- your general location; and
-
certain other Device data, including the time of day you visit
our Site, among other information.
-
We may use various methods and technologies to collect and/or
store Usage Information, such as:
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Cookies. A
cookie is a file placed on a Device to uniquely identify your
browser or to store information on your Device. Our Site may
use HTTP cookies, HTML5 cookies, Flash cookies and other types
of cookie technology to store information on local storage.
Regular cookies may generally be disabled or removed by tools
that are available as part of most commercial browsers, and in
some (but not all) instances can be blocked by selecting
certain settings. Each browser you use will need to be set
separately and different browsers offer different
functionality and options. Please note that these tools may
not be effective with regard to Flash cookies or HTML5
cookies. For information on disabling Flash cookies, visit
adobe.com. Please understand that if you disable or remove any type of
cookie, some parts of our Site may not function properly.
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Browser Fingerprinting. Collection and analysis of information from your Device,
such as, without limitation, your operating system, plug-ins,
system fonts and other data, for purposes of identification.
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Web Beacons.
A Web Beacon is a small tag (which may be invisible to you)
that may be placed on our Site's pages and messages. Web
beacons may be used by us for a number of purposes, including
to count visitors to the Site, to monitor how users navigate
the Site, to count how many emails that were sent were
actually opened or to count how many particular links were
actually viewed.
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Embedded Scripts. An embedded script is programming code that is designed to
collect information about your interactions with the Site,
such as the links you click on. The code is temporarily
downloaded onto your Device from our web server or a
third-party service provider, is active only while you are
connected to the Site, and is deactivated or deleted
thereafter. The embedded script does not collect your Personal
Information.
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ETag, or entity tag. An ETag or entity tag is a feature of the cache in
browsers. It is an opaque identifier assigned by a web server
to a specific version of a resource found at a URL. If the
resource content at that URL ever changes, a new and different
ETag is assigned. Used in this manner ETags are a form of
Device Identifier. ETag tracking may generate unique tracking
values even where the consumer blocks HTTP, Flash and/or HTML5
cookies.
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Recognition Technologies. Technologies, including application of statistical
probability to data sets, which attempt to recognize or make
assumptions about users and devices (e.g., that a user of
multiple devices is the same user).
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We may use the above technologies (or ones we incorporate in the
future) for a variety of purposes, including:
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To allow you to use and access the Site, including for the
prevention of fraudulent activity and improved security
functionality or to allow you to make use of shopping cart
functionality;
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To assess the performance of the Site, including as part of
our analytic practices or otherwise to improve the content,
products or services offered through the Site;
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To offer you enhanced functionality when accessing the Site,
including identifying you when you sign in to our Site or
keeping track of your specified preferences or to track your
online activities over time and across third-party sites; and
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To deliver content, including ads, relevant to your interests
on our Site and third-party sites based on how you interact
with our advertisements and/or content.
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Location-Based Information
Our Site (including our mobile apps) and Stores may use
location-based services to verify your location, deliver you
relevant content and/or advertising based on your location, as well
as to share your location with our service providers as part of the
location-based services we offer. Further, we or our service
providers may use your location information to display our nearest
Store location to you. You have the ability to turn location-based
services on and off by adjusting the settings of your Internet
browser or mobile device or by following the standard uninstall
process and removing all GUESS applications from your mobile device.
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Information We Collect From Third Parties
We may also receive information about you from your friends and
other third parties that use the Site, and combine or link that
information with information we have about you. Additionally, we
may, from time to time, supplement the information we collect
directly from you on our Site with outside records from third
parties for various purposes, including to enhance our ability to
serve you, to tailor our content to you and to offer you
opportunities that may be of interest to you. To the extent we
combine information we receive from third parties with your Personal
Information, the combined information, unless disclosed otherwise,
will be treated as Personal Information under this Privacy Policy.
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Information We Collect When You Interact with
Third-Party Sites
The Site may include functionality that allows certain kinds of
interactions between the Site and your account on a third-party web
site or application. The use of this functionality may involve the
third-party site providing information, including Personal
Information, to us. For example, we may provide links on the Site to
facilitate sending a communication from the Site. For example, we
may use third parties to facilitate emails, Tweets or Facebook,
Instagram, Pinterest or Google+ postings. These third parties may
retain any information used or provided in any such communications
or activities and these third parties' practices are not subject
to our Privacy Policy. GUESS may not control or have access to your
communications through these third parties. Further, when you use
third-party sites or services, you are using their services and not
our services and they, not we, are responsible for their practices.
You should review the applicable third-party privacy policies before
using such third-party tools on our Site.
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Information You Provide About a Third-Party
You may send someone else a communication from the Site, such as
sending an invitation to a friend. If so, the information you
provide (e.g., names, email addresses, mobile number, etc.) will be
used to facilitate the communication and will not be used for
marketing purposes unless we obtain consent from that person or we
explicitly say otherwise. Please be aware that when you use any
send-to-a-friend functionality on our Site, your email address,
mobile number, name or username and message may be included in the
communication sent to your addressee(s). Some of these tools may be
third-party tools subject to third-party privacy policies.
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How We Use the Information We Collect
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We may use your Personal Information, Demographic Information or Usage
Information for various purposes, including, but not limited to, the
following:
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Improving the effectiveness of our Site, marketing endeavors and
service offerings;
- Processing loyalty program applications;
- Site registration;
-
Processing and completing purchase, return and similar
transactions;
- Providing customer service;
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Notifying you of product recalls or providing other information
concerning products you have purchased;
-
Sending you marketing information about GUESS and other third
parties we work with, including through direct mail offerings;
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Sending you email communications such as electronic newsletters
about our products, services, events, loyalty programs and
Promotions;
- Sending you email about orders you have made on the Site;
-
Enabling you to participate in the Site's features such as
surveys and Promotions;
-
Identifying your product and service preferences, providing
personalized content and informing you of new or additional
products, services and Promotions that may be of interest to you;
- Providing mobile marketing messages and service messages;
- For internal business purposes; and
-
For purposes disclosed at the time you provide your information or
as otherwise set forth in this Privacy Policy.
If you prefer not to receive marketing communications from GUESS,
you may opt out at any time by following the directions in
Section 12 below.
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Sharing of Information with Third Parties
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We may share non-Personal Information, such as aggregated user
statistics, with third parties. Further, we may share your Personal
Information with third parties, such as our licensees, distributors,
partners and others with whom we have marketing or other
relationships, for the third parties' direct marketing purposes.
If you are a California resident, you have the right to request
additional information and so please see
Section 7 below about these rights. We may share your
Device Identifiers with third parties along with data related to you
and your activities. In addition, we may share the information we have
collected about you, including Personal Information, as disclosed at
the time you provide your information and as described below or
otherwise in this Privacy Policy. Examples of when GUESS may share
your information include as follows:
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When You Request We Share With Third Parties.
You may be presented with an option to receive certain
information and/or marketing offers directly from third parties
or to have us send certain information to third parties or give
them access to it. If you choose to do so, your information may
be disclosed to such third parties and all information you
disclose will be subject to the third-party privacy policies and
practices of such third parties. In addition, third parties may
store, collect or otherwise have access to your information when
you interact with their content on our Site. This may include
using third-party tools such as Facebook, Twitter, Pinterest or
other third-party posting or content sharing tools and by so
interacting you consent to such third-party practices. We are
not responsible for the privacy policies and practices of such
third parties and, therefore, you should review such third-party
privacy policies and practices of such third parties prior to
requesting information from or otherwise interacting with them.
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Third Parties Providing Services to GUESS.
We may use third-party service providers to perform certain
services, such as: (a) to assist us in e-commerce operations;
(b) to manage a database of customer information; (c) hosting
the Site; (d) designing and/or operating the Site's
features; (e) tracking the Site's activities and analytics;
(f) enabling us to send you special offers or perform other
administrative services; and (g) other services designed to
assist us in maximizing our business potential. We may provide
third parties with access to your information to carry out the
services they are performing for us. Third-party analytics and
other service providers such as Google Analytics and Adobe
(Omniture) may set and access their own technologies on your
Device and they may otherwise collect or have access to
information about you. These service providers use the
technology described above to help us analyze how users use the
Site. We are not responsible for those third-party technologies
or activities arising out of them. However, some third parties
may offer you certain choices regarding their practices. For
example, to learn about opting out of Google Analytics, please
click
here. To learn about opting out of the use of Adobe cookies for
analytics and on-site personalization, please click
here. We are not responsible for the effectiveness of or compliance
with any third parties' opt-out options.
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To Protect the Rights of GUESS and Others.
To the fullest extent permitted by applicable law, we may also
disclose your information if we believe in good faith that doing
so is necessary or appropriate to: (i) protect or defend the
rights, safety or property of GUESS or third parties (including
through the enforcement of this Privacy Policy, our
Terms & Conditions, and other applicable agreements and policies); or (ii) comply
with legal and regulatory obligations (e.g., pursuant to law
enforcement inquiries, subpoenas or court orders). To the
fullest extent permitted by applicable law, we have complete
discretion in electing to make or not make such disclosures, and
to contest or not contest requests for such disclosures, all
without notice to you.
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Affiliates and Business Transfer.
We may share your information with our parent, subsidiaries and
affiliates. We also reserve the right to disclose and transfer
all such information: (i) to a subsequent owner, co-owner or
operator of the Site and/or our Stores; or (ii) in connection
with a merger, consolidation, restructuring, the sale of
substantially all of our interests and/or assets or other
corporate change, including during the course of any due
diligence process.
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Sweepstakes, Contests and Promotions.
We may offer sweepstakes, contests, and other promotions (any, a
"Promotion") through the Site, in the Stores or
through one of our social media pages that may require
registration. By participating in a Promotion, you are agreeing
to official rules that govern that Promotion, which may contain
specific requirements of you, including, allowing the sponsor of
the Promotion to use your name, voice and likeness in
advertising associated with the Promotion. If you choose to
enter a Promotion, Personal Information may be disclosed to
third parties or the public in connection with the
administration of such Promotion, including in connection with
winner selection, prize fulfillment, and as required by law or
permitted by the Promotion's official rules, such as on a
winner's list.
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Co-Branded Areas.
Certain areas of the Site may be provided to you in association
with third parties ("Co-Branded Areas") such as
co-promotional partners and may require you to disclose Personal
Information to them. Such Co-Branded Areas will identify the
third-party and indicate if they have a privacy policy that
applies to their collection and use of your information. If you
elect to register for products and/or services, communicate with
such third parties or download their content or applications,
you may be providing your information to both us and the
third-party. Further, if you sign-in to a Co-Branded Area with a
username and password obtained on the Site, your Personal
Information may be disclosed to the identified third parties for
that Co-Branded Area. We are not responsible for such
third-party's data collection or practices and you should
look to such third-party privacy policies for more information.
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Information You Disclose Publicly
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User Content and Public Information.
The Site may permit you to submit ideas, photographs, videos, audio
recordings, questions, comments, suggestions or other content,
including Personal Information (collectively, "User
Content"), on blogs and message boards, product reviews and other
public forums. We or others may store, display, publish, distribute or
otherwise use User Content online or offline in any media or format
and may or may not attribute the User Content to you. Others may have
access to this User Content and may have the ability to share it with
third parties. Please note that GUESS does not control who will have
access to the information that you choose to make public, and cannot
ensure that parties who have access to such publicly available
information will respect your privacy or keep it secure. We are not
responsible for the privacy or security of any information that you
make publicly available on the Site or what others do with information
you share with them on the Site.
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Name and Likeness.
We may also publish your name, voice, likeness and other Personal
Information that is part of your User Content, and we may use the
content, or any portion of the content, for advertising, marketing,
publicity and promotional activities. For full terms and conditions
regarding User Content you submit, please review our
Terms & Conditions. By connecting with the GUESS brands through our social media pages
or accounts, or by posting content using GUESS-created hashtags or
other identifiers, you are providing your consent for GUESS to use any
Personal Information or other content you submit or make available
through such sites for marketing and promotional purposes, including,
but not limited to, incorporation into our marketing materials,
without further notice or compensation.
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Advertising Networks
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You may see certain ads on other websites because we participate in
advertising networks administered by third parties. These networks
track your online activities over time and across third-party websites
and online services by collecting information through automated means,
including through the use of the technologies described in the
"Information We Collect When You Use the Site Section above, and
they use this information to show you advertisements that are tailored
to your individual interests. The information they collect includes
information about your visits to our Site, such as the pages you have
viewed. This collection and ad targeting takes place both on our Site
and on third-party websites that participate in the ad network. This
process also helps us track the effectiveness of our marketing
efforts. We and our service providers use first-party cookies and
third-party cookies together to report how our internet advertising
methods are related to your visits to the Site.
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To learn more about how these service providers use your information,
cookies or other tracking information and explore your opt out
options, please visit their respective websites below (NOTE: by
clicking on the links below, you will be leaving the GUESS website):
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DoubleClick – click
here
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Olapic – click
here
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Chango/Rubicon – click
here
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Curalate – click
here
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MediaForge/Rakuten– click
here
To learn more about ad networks, including how to opt-out, please
click
here
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The list above may be modified from time to time and may not reflect
all of our third-party service providers.
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Also, some third parties, such as companies that offer Internet
browsers, have developed signals (e.g., browser do not track signals)
that give you a choice regarding the collection of information about
your online activities over time and across third-party websites or
online services. Currently, we do not monitor or take any action with
respect to these signals or other mechanisms offered by Internet
browsers. If you would like more information on self-regulatory
programs that permit you to exercise choice, click on the ad networks
link above.
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Third-Party Content and Links to Third-Party Sites
The Site may contain content that is supplied by a third-party, and
those third parties may collect Usage Information and your Device
Identifier when pages from the Site are served to you. In addition, when
you are on the Site, you may be directed to other services that are
operated and controlled by third parties. We are not responsible for the
data collection and privacy practices employed by any of these third
parties. For example, if you "click" on a link, the
“click” may take you off the Site onto a different site.
These other sites may independently collect data about you and may or
may not have their own published privacy policies.
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Your California Privacy Rights
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We may from time to time elect to share certain information about you
collected by us on the Site with third parties for those third
parties' direct marketing purposes. California Civil Code Section
1798.83 permits California residents who have supplied personal
information, as defined in the statute, to us, under certain
circumstances, to request and obtain certain information regarding our
disclosure, if any, of personal information to third parties for their
direct marketing purposes. If this applies, you may obtain the
categories of personal information shared and the names and addresses
of all third parties that received personal information for their
direct marketing purposes during the immediately prior calendar year
(e.g., requests made in 2014 will receive information about 2013
sharing activities). To make such a request, please provide sufficient
information for us to determine if this applies to you, attest to the
fact that you are a California resident and provide a current
California address for our response. To make such a request (limit one
request per year), please submit a written request to us using the
“Contact Us” methods below (limit one request per year).
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In addition to the above rights, California residents have additional
rights under the California Civil Code Section 1798.100, et seq. These
rights are as follows:
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California residents have the right to request that we disclose to
them what Personal Information we collect, use, disclose and sell;
you may request to know the categories of Personal Information
collected about you or the specific pieces of Personal Information
collected about you (“Right to Know”).
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California residents have the right to request that we delete
their Personal Information we have collected or maintained
(“Right to Request Deletion”).
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California residents have the right to opt-out of the sale of
their Personal Information (“Right to Opt-Out”).
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California residents have the right not to receive discriminatory
treatment by us for the exercise of their privacy rights conferred
by the CCPA.
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Sale of California Residents’ Personal Information
We do not sell California residents’ Personal Information to
third parties.
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Minors and Children Under 16
We do not sell the Personal Information of minors under 16 years of
age without the affirmative prior authorization of such consumers or
their parental guardians.
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Exercising California Residents' Privacy Rights
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As a California resident, you have certain additional rights with
respect to your Personal Information. You can submit your request
to exercise these various rights (including the Right to Know and
the Right to Request Deletion) by contacting us as described below
in the “Contact Us” section.
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Process for Verifying a Consumer’s Request
We will verify any consumer’s request to exercise the
Right to Know or the Right to Request Deletion using the
following process:
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Account Holders. If you are an account holder with us, we will
ask you to verify your identity through your password
protected account and to submit your request through your
account. Before we satisfy the request, we will ask you to
re-authenticate your identity through your account. If we
suspect fraudulent or malicious activity on the
password-protected account, we will not comply with the
request to know or the request to delete Personal Information
until further verification procedures have been satisfied.
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Non-Account Holders. If you do not have an account with us, we
will require you to provide us with a certain number of data
points to ensure that we can verify your identity.
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Exercising the Right to Know.
If you are requesting to know the categories of Personal
Information collected, we may require two data points to be
provided by you that match two of the data points that we
maintain in our records, so that we may verify your identity
with a reasonable degree of certainty. If you are requesting to
know specific pieces of Personal Information collected, a higher
bar for verification is required (a reasonably high degree of
certainty), which may require us to match three data points of
information provided by you with three data points that we
maintain in our records together with a signed declaration under
penalty of perjury that you are the individual whose Personal
Information is the subject of the request. We will maintain all
signed declarations as part of our record-keeping obligations
under the CCPA.
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Exercising the Right to Request Deletion.
If you submit a request that we delete your Personal
Information, the level of reasonable certainty that will be
required through our verification process will depend on the
nature of the Personal Information being requested to be
deleted. For sensitive Personal Information, we will require
that three data points provided by you match three data points
we maintain in our records along with a signed declaration under
penalty of perjury that you are the individual whose Personal
Information is the subject of the request. For all other kinds
of Personal Information subject to a deletion request we will
collect the requisite data points consistent with a reasonable
degree of certainty standard described above. We will act in
good faith when determining what standard to applying when
verifying all consumer requests.
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Inability to Verify a Request
If we are unable to verify your identity to a degree of certainty as
required by the CCPA through any reasonable method, we will state
that we are unable to verify in a written response to you along with
a reason as to why there is no reasonable method by which we can
verify your identity. We will evaluate our methods for verifying the
identity of all consumers who request to know or delete Personal
Information on a yearly basis.
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Household Requests
If all the consumers of a household jointly request access to
specific pieces of information for the consumers of the household or
deletion of the household’s Personal Information, we will
comply with the request if we can verify the identity of all members
of the household pursuant to our procedures for identity
verification mentioned above.
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Authorized Agents
As a California resident, you may designate an authorized agent to
act on your behalf to make a request under the CCPA, such as
requesting disclosure of any Personal Information we have sold or
collected; or requesting deletion of such Personal Information. If
you should use an authorized agent to exercise your various rights
under the CCPA, we may require that you provide your authorized
agent with written permission to exercise your various rights and to
verify your own identity with us through the processes laid out in
the section titled Exercising California Residents’ Privacy
Rights, above. If your authorized agent does not submit proof that
they have been authorized by you to submit verified requests for
disclosure and deletion, we reserve the right to deny such a request
that we have received and will explain to your authorized agent why
we have denied such request.
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Transfer of Information to and from the United States
Our Site is operated in the United States. If you are located outside of
the United States, please be aware that information we collect,
including Personal Information, will be transferred to, and processed,
stored and used in the United States. Additionally, information,
including Personal Information, may be transferred by us outside of the
United States. The data protection laws in the United States may differ
from those of the country in which you are located, and your information
may be subject to access requests from governments, courts, or law
enforcement in the United States according to laws of the United States
and may be subject to access requests from governments, courts, or law
enforcement in the other countries according to laws of these countries.
By using the Site or providing us with any information, you consent to
the transfer to, and processing, usage, sharing and storage of your
information in the United States and in other countries, as set forth in
this Privacy Policy.
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What Should Parents Know About Children?
-
We understand the importance of protecting children’s privacy in
the interactive world. We do not use the Site to knowingly collect
Personal Information from children under the age of 13 without
parental consent. If you are a child under 13 years of age, you are
not permitted to use the Site and should not send any information
about yourself to us through the Site.
-
In the event that we become aware that we have collected Personal
Information from any child, we will dispose of that information in
accordance with the Children’s Online Privacy Protection Act. If
you are a parent or guardian and you believe that your child under the
age of 13 has provided us with information without your consent,
please contact us by email at the address set forth in Section 11
below, and we will take reasonable steps to ensure that such
information is deleted from our databases.
-
Security
We incorporate commercially reasonable safeguards to help protect and
secure your Personal Information. However, no data transmission over the
Internet, mobile networks, wireless transmission or electronic storage
of information can be guaranteed 100% secure. As a result, we cannot
guarantee or warrant the security of any information you transmit to or
from our Site, and you provide us with your information at your own
risk.
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Contact Us, Updating Your Information and Choices
If you have any questions about this privacy statement, the practices of
this site, or your dealings with GUESS, you can contact us:
Mail:
GUESS Customer Care
GUESS?, Inc.
1444 Alameda Street
Los Angeles, CA 90021
Phone:
Call Toll Free Monday through Friday 6:00 a.m. - 5:00 p.m., Saturday 7
a.m. - 4 p.m. (PT):
E-mail:
Customer Care Contact Form
CCPA Inquiry Web Form
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Opt Outs
-
If you would like to unsubscribe or cancel your memberships with GUESS
at any time, you can contact us using the following methods:
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To opt out of direct mail marketing communications, please write to
GUESS at the mailing address above, be sure to include your name and
address as it appears on any marketing materials received from GUESS.
-
Please allow 10 days to process your email request and 6-8 weeks to
process your postal mail request, during which period you may continue
to receive communications from GUESS. Please note that we will retain
your information for business purposes or as required by law.
-
To cancel your membership in the GUESS List Program, please follow the
instructions in the applicable Program Terms & Conditions
available on the Site.
-
Please note that we may still send you certain communications relating
to your account or use of our Site, such as administrative and service
announcements and these transactional account messages may be
unaffected if you choose to opt-out from receiving our marketing
communications.
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If you have any questions about the Privacy Policy, or practices
described in it, you may also use the information above to contact us.
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Changes to the Privacy Policy
We reserve the right to change this Privacy Policy at any time. Any
changes will be effective immediately upon the posting of the revised
Privacy Policy and your use of our Site indicates your consent to the
privacy policy posted at the time of use. However, we will not use your
previously collected Personal Information in a manner materially
different than represented at the time it was collected without your
consent. To the extent any provision of this Privacy Policy is found by
a competent tribunal to be invalid or unenforceable, such provision
shall be severed to the extent necessary for the remainder to be valid
and enforceable.