YOUR PRIVACY RIGHTS


Effective Date: September 18, 2017 (Last updated January 1, 2020)
Your privacy is important to us at AM Retail Group, Inc. ("AM Retail," "we" or "us"). This online privacy policy ("Privacy Policy") describes the types of information we gather from individuals visiting www.andrewmarc.com (the "Site") and how we use that information.
This policy explains what information we collect and what we do with it, and we reserve the right to revise this privacy policy at any time. We will notify you of any material changes to this policy by posting the new policy here and by changing the "Effective Date" at the top. You should periodically read this policy to learn of any revisions. Your use of this Site or participation in our marketing programs at any time is deemed to constitute your agreement to all of the terms and conditions of the privacy policy then in effect. If you do not agree to these terms, please do not visit the Site or provide any information.
The following discloses our information gathering and dissemination practices.
 

Information We Collect and How We Use it


 
Personally Identifiable Information (“PII”). When you visit the Site or engage with our mobile programs, we will not collect any PII about you (such as your name, address, telephone number, or e-mail address), unless you specifically provide such information. You may supply us with PII when you sign up for email and mobile text alerts, request information concerning investor relations, sign up for the Bass Rewards Program, place an order on the Site, establish an account, contact us with a question or comment, utilize a “Send to a Friend" feature, or sign up to receive emails about our latest products and services. By providing PII to us, we are better able to match your interests. When you join the Bass Rewards Program, you will receive club benefits as described in the terms and conditions of such program and as we may offer from time to time. We will use customer information in connection with purchases to better tailor and personalize special offers for your benefit. We may use your PII to process and fulfill orders, send emails to confirm your order status and shipment, if you have purchased any products via the Site. We may also communicate with you and to send you information by email, postal mail, text message or other means about our products, services, contests, and promotions and enable our parent, AM Retail and its affiliates to similarly communicate with you about their products, services, contests, and promotions] if you have opted in to receive such promotional communications. AM Retail and its affiliates may also use this information to improve your customer experience such as to help us improve the Site and to better tailor our products, services and marketing efforts. In addition, AM Retail may from time to time conduct surveys on the Site where users can voluntarily participate and provide PII.
 
Non-Personally Identifiable Information (“Non-PII”), Cookies, Web Beacons, and Pixel Tags. By visiting the Site, you make available to us and we collect through the use of cookies certain Non- PII (such as the domain name and type of your Internet server and browser, the web pages accessed, and the length of access). While the Site uses cookies, it does not require the use of cookies. Cookies are messages written in your browser. The cookie messages store Non- PII to help us gauge the success of the Site, help us increase the value and benefits of the Site, and tracks session information such as what pages you access and for how long. While it may be possible to correlate this information to particular individuals, we do not do so, and we limit our use of this information to its aggregate form reflecting all visitors to the Site. Most Internet browsers enable you to erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored. Please refer to your browser instructions or help screen to learn more about these functions. You may use the Site without restriction even if you have blocked cookies on your browser.
We use third-party service providers to provide Internet data hosting and to help us measure and determine how visitors use the Site and the effectiveness of the Site in order to help us improve and optimize the Site and the products and services we offer. Those service providers may place web beacons or pixel tags on certain pages of the Site or use cookies in order to facilitate collection of information regarding your use of the Site each time you visit the Site. We do not have access to or control over web beacons or cookies that these third parties may use.
We may, from time to time, publish links to other, third party sites. We are not responsible for the privacy practices or the content of such other sites.
 

Security


 
We use secure socket layer ("SSL") technology to protect the security of your payment information and we encrypt your PII when it is sent over the Internet. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your PII, we cannot guarantee its security.
 

User Opt-Out


 
You may elect not to receive promotional communications from AM Retail in connection with the Site or our services. If you have established an account or signed up for our email list, you will have an opportunity to opt-out of receiving marketing or promotional emails or other such communications from us by clicking on the preferences link at the bottom of the email. In addition, if you no longer wish to receive promotional communications from us, you may do so by clicking Contact Us and calling the customer service number provided. Please note that removal of user information from our database or "opting-out" will not stop marketing or advertising content that is generated for distribution or is otherwise queued for transmission to you prior to the time when we can implement your request.
If you establish an account, you may receive certain types of communications even if you have not opted-in to receive them because these types of communications may be necessary in order to maintain an account on the Site.
 

User Requests and Corrections of or Questions Relating To User Information


 
If your name, e-mail, postal address, telephone number or other PII changes, you can make changes to your account information via the Site at www.andrewmarc.com/account.do. If you have a request or question relating to such information, including use by our affiliates for direct marketing purposes, you can email us by clicking Contact Us.
We reserve the right to retain any PII reasonably necessary to appropriately document our business activities and for archival and record retention purposes. We will store PII for as long as reasonably necessary for the purposes described in this policy.
 

Third Parties May Receive or Collect Information Through Our Website


 
We are not in the business of selling data (PII) about our customers for marketing purposes to third parties, or sharing this data with third parties for their direct marketing purposes. We may, however, share Non-PII with certain third parties as described herein. There are other limited circumstances in which we share PII, such as from time to time we may engage the services of third parties to help us conduct and administer our marketing programs, and analyze use of the Site. These third parties are contractually bound to use the PII only according to this Privacy Policy. They are not authorized to send you any information about goods and services from other companies without your permission. We may share your PII, including information generated from participation in our loyalty program, among our subsidiaries, parent companies and affiliates for purposes of marketing their products and services.
As more fully explained below, certain third parties manage the content of pages on the Site. These third parties share our commitment in the protection of your privacy.
We may also release PII in special cases in order to comply with any requests from law enforcement and government agencies, to enforce the Terms of Use of the Site and other legal policies and agreements, and to protect customers and others. We may do so when we believe in good faith that disclosing this information is otherwise necessary or advisable, including, for instance, to identify, contact, or bring legal action against someone who may be causing injury to or interfering with the rights or property of our company, another user or anyone else that could be harmed by such activities.
We may transfer PII to an affiliate or third party as part of a transfer of business assets. Such a transfer would be within the scope of this policy so long as the affiliate or third party agrees to continue to maintain use and storage of PII in accordance with this policy. If the company files bankruptcy, this privacy policy is null and void in its entirety, and we may sell, transfer or auction any and all information, including customer data and personal information, in any manner in our sole discretion.
We use a third-party service provider to serve ads on our behalf across the Internet. They may collect anonymous information about your visits to our Site, and your interaction with our products and services. They may also use information about your visits to this and other web sites to target advertisements for goods and services. This anonymous information is collected through the use of a pixel tag, which is industry standard technology used by most major Web sites. No PII is collected or used in this process. They do not know the name, phone number, address, email address, or any personally identifying information about the user. If you would like more information about this practice and to know your choices about not having this anonymous information used by our third party service provider, please click here.

LIMITATIONS ON LIABILITY



IN NO EVENT WILL AM RETAIL OR ITS PARENT, AFFILIATES, LICENSEES OR ANY PARTY INVOLVED IN CREATING, OPERATING, PRODUCING, TRANSMITTING OR DELIVERING THIS SITE OR ITS PRODUCTS OR SERVICES BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY SITES LINKED TO THIS SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
 IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS SITE.
 

Changes to our Privacy Policy


 
This Privacy Policy is subject to change. All changes will be posted on this page. We encourage you to review this Privacy Policy periodically to remain informed of changes that may have occurred.
 

Children


 
We do not intentionally market to or collect PII from children or provide any information about children to any third party. If you have reason to believe that we have collected PII concerning a child, please let us know immediately.
 

Your California Privacy Rights


 
California Civil Code Section § 1798.83 permits users of the Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please write us at: Attn: California Privacy Rights Info Request, AM Retail, 512 Seventh Avenue, New York, NY 10018.
 

Rights Under the California Consumer Privacy Act


 
The California Consumer Privacy Act (the “CCPA”) provides California residents with certain rights regarding their personal information that is collected by businesses, including the right to request information regarding the collection, use, sale, and disclosure of their personal information, the right to request the deletion of their personal information, and the right to opt-out of the sale of their personal information.[BRAND] has decided to allow all of its customers, regardless of where they reside, to make the same requests. This section provides information about the CCPA and about the type of personal information [BRAND] collects and shares with other companies. It also explains how you can make requests to Andrew Marc regarding your personal information. Any terms defined in the CCPA (Cal. Civ Code § 1798.140) have the same meaning when used in this section.

Your Rights and Choices

Right to Know What Personal Information is Collected About You and How It Is Used

You have the right to request that Andrew Marc disclose certain information to you about our collection and use of your personal information over the past 12 months. This may be referred to as a “Right to Know Request.”) Once we receive and confirm your verifiable consumer request (see Exercising Right to Know and Right to Delete Requests), 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.
  • 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.
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • The categories of personal information that we have sold about you, and the categories of third parties to whom the personal information was sold.
  • The categories of personal information we have disclosed about you for a business purpose.
Right to Delete Personal Information

You have the right to request that Andrew Marc delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Right to Know and Right to Delete Requests) we will delete, and direct our service providers to delete, your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us, or our service providers, to:
  1. Complete the transaction for which we collected the personal information, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, 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. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  4. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  5. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  6. Comply with a legal obligation.
  7. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
For more information about these and other situations in which we may not delete your information, please see Cal. Civil Code § 1798.105(d).

Exercising Right to Know and Right to Delete Requests

To exercise your Right to Know or Right to Delete as described above, please submit a verifiable consumer request to us by either:
  • Calling us at 800-685-4358.
  • Visiting here.
Only you, or your authorized agent, 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 a Right to Know 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; and
  • 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. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Making a verifiable consumer request does not require you to create an account with us.

To use an authorized agent to make a verifiable consumer request, you must provide the authorized agent written authorization to do so. You may also be required to verify your own identity directly with Andrew Marc. Andrew Marc may deny a request from an authorized agent that does not submit proof that they have been authorized to act on your behalf. Such requirements, however, will not apply where you have provided the authorized agent with power of attorney pursuant to Cal. Probate Code §§ 4000 to 4465.

Upon receiving a Request to Know or a Request to Delete, we will confirm receipt within 10 days and provide information about how we will process the request, how we will verify your identity, and when you should expect a response (except in cases in which we have already granted or denied the request). 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.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For Right to Know requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

Right to Opt-Out of the Sale of Personal Information

If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the "Right to Opt-Out"). We do not and will not collect or sell the personal information of consumers we actually know are less than 16 years of age. Consumers who opt-in to the sale of personal information sales may opt-out of future sales at any time.

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link: Do Not Sell My Personal Information
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by:

Signing up for emails here.

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

If we have a good faith, reasonable, and documented belief that a request to opt-out is fraudulent, we may deny the request.

You may use an authorized agent to submit a request to opt-out on your behalf. To use an authorized agent to submit a opt-out request, you must provide the authorized agent with written authorization. We may deny a request from an authorized agent that does not submit proof they have been authorized by you to act on your behalf.

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.
However, we may charge you a different price or rate, or provide you a different level or quality of goods or services, if that difference is reasonably related to the value provided to us by your information. We may offer you financial incentives, including payments as compensation, for the collection of personal information, the sale of personal information, or the deletion of personal information. We may also offer a different price, rate, level, or quality of goods or services to you if that price or difference is directly related to the value provided to us by your data. We will notify you of any financial incentives. We will only enter you into a financial incentive program if you give us prior opt-in consent that clearly describes the material terms of the financial incentive program, which you may revoke at any time. We will not use financial incentive practices that are unjust, unreasonable, coercive, or usurious in nature.

 

 Financial Incentives Program

 Summary of Financial Incentive and Material Terms

 Categories of Personal Information Implicated

 How to Opt-In to Financial Incentive Program

 How to Withdraw from Financial Incentive Program

Andrew Marc Email Sign Up

Sign up for Email Online and you will be part of our Promotional Email Database and receive promotional discounts to be used at https://www.andrewmarc.com/home.do

Name, Address, Phone Number, Email, Birthday (month and day) and Purchase History

Provide Email Address

Contact Customer service via Phone or Email, “Contact Us” Link on https://www.andrewmarc.com/home.do or Unsubscribe button in footer of all emails.


Information We Collect

In the preceding 12 months, Andrew Marc has collected the following categories of personal information about California residents from the following sources and for the following purposes. The CCPA requires that Andrew Marc reference specific categories of personal information enumerated in the CCPA. Andrew Marc may collect only certain pieces of personal information described in a given category and may not collect all pieces of personal information described in each category.

 

 Category of Personal Information Collected

 Category of Source of Collection

 Business or Commerical Purpose of Collection

Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name or other similar identifiers.

  • Creation of online account
  • Creation of loyalty account
  • Online customer checkout
  • In-store customer checkout
  • Cookie data from website
  • Online or call-center customer feedback

  • Marketing
  • Website optimization and personalization
  • Transaction status and fulfillment
  • Warranty/Recall
  • Product services and support

Categories of personal information described in subdivision (e) of Cal. Civ. Code Section 1798.80.

  • Creation of online account
  • Creation of loyalty account
  • Online customer checkout
  • In-store customer checkout
  • Cookie data from website
  • Online or call-center customer feedback

  • Marketing
  • Website optimization and personalization
  • Transaction status and fulfillment
  • Warranty/Recall
  • Product services and support

Characteristics of protected classifications under California or federal law such as age, race, marital status,

  • Creation of online account
  • Creation of loyalty account
  • Online customer checkout
  • Online or call-center customer feedback

  • Marketing
  • Website optimization and personalization

Commercial information, including records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

  • Online customer checkout
  • In-store customer checkout
  • Cookie data from website
  • Online or call-center customer feedback

  • Marketing
  • Website optimization and personalization
  • Transaction status and fulfillment
  • Warranty/Recall
  • Product services and support

Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an internet website, application, or advertisement.

  • Online customer checkout
  • Cookie data from website

  • Marketing
  • Website optimization and personalization

Geolocation data.

  • Creation of online account
  • Creation of loyalty account
  • Online customer checkout
  • In-store customer checkout
  • Cookie data from website

  • Marketing
  • Website optimization and personalization
  • Transaction status and fulfillment

Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

  • Creation of online account
  • Creation of loyalty account
  • Online customer checkout
  • In-store customer checkout
  • Cookie data from website
  • Online or call-center customer feedback

  • Marketing
  • Website optimization and personalization
  • Transaction status and fulfillment
  • Product services and support


Information We Sell


In the preceding 12 months, Andrew Marc has sold the following categories of personal information about California residents to the following categories of third parties.

 

 Category of Personal Information Sold or Exchanged

 Category of Third Party to Which Personal Information Disclosed

Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, or other similar identifiers.

Data aggregators

Categories of personal information described in subdivision (e) of Cal. Civ. Code Section 1798.80.

Data aggregators

Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

Data aggregators


Information We Disclose for a Business Purpose

In the preceding 12 months, Andrew Marc has disclosed for a business purpose the following categories of personal information about California residents to the following categories of third parties (to the extent the disclosure was made to a third party).

 

 Category of Personal Information Disclosed for a Business Purpose

 Category of Third Party to Which Personal Information Disclosed, To The Extent Disclosed To a Third Party

Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, or other similar identifiers.

  • Analytics vendors
  • Delivery service vendors

Categories of personal information described in subdivision (e) of Cal. Civ. Code Section 1798.80.

  • Marketing vendors
  • Marketing cooperative
  • Analytics vendors
  • Delivery service vendors

Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

  • Marketing vendors
  • Marketing cooperative
  • Analytics vendors
  • Delivery service vendors

Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an internet website, application, or advertisement.

  • Marketing vendors
  • Marketing cooperative
  • Analytics vendors

Geolocation data.

  • Marketing vendors
  • Marketing cooperative
  • Analytics vendors
  • Delivery service vendors

Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

  • Marketing vendors
  • Marketing cooperative
  • Analytics vendors


Andrew Marc does not disclose personal information to third parties outside of the sale of personal information and disclosure of personal information for a business purpose.  

Visiting from Outside the United States


 
If you are visiting the Site from outside the United States, please be aware that your information may be transferred to, stored, or processed in the United States. The privacy laws of the United States may or may not be as comprehensive as those in your country. By using the Site, you understand that your information may be transferred to the Company’s computer servers and facilities located in the United States.
 

Claims


 
If you believe that we have acted inconsistently with this Privacy Policy, please send an email to help@andrewmarc.com and we will try to resolve your concerns.
 

Contact Information


 
AM Retail, 512 Seventh Avenue, New York, NY 10018
©2019 AM Retail Group, Inc. All Rights Reserved.