Privacy Policy
Revision Date: September 18, 2024
At Boston Proper, we respect your privacy and are committed to protecting your personal data. This Privacy Policy explains how we collect, use, and share your personal information, including your SMS opt-in data and cart activity tracking. By using our website and services, you consent to the practices described in this policy. We know that your privacy is important to you. It is important to us too. So, please read our privacy policy (the "Privacy Policy").
If you voluntarily provide your personal information in the course of purchasing our products or using our services or website, we will take that as your agreement to our collection, use and disclosure of your personal information as set forth in this Privacy Policy. However, we will respect your preferences as to whether and how you'd like us to communicate with you, and you may modify your preferences here. For any questions, contact our Customer Service team. (Contact Us)
If you have registered to receive marketing communications from us and later change your mind, you may opt out of receiving direct marketing or promotional communications in electronic or printed form by writing or calling us at the Contact Us information set out below, or by sending us an email with "unsubscribe" in the subject line to [email protected].
If you opt out of receiving marketing information from us, we may still contact you concerning your specific transactions and communications with us.
INFORMATION WE MAY COLLECT
We may collect personal information, including your first and last name, mailing address, telephone number, email address, transaction information, credit or debit card information, birth month and day, content interests, cookies, domain name, browser type, operating system and additional usage data. We may collect this information when you:
- make a purchase online or by phone;
- save your information with us online or visit our site (Cookies);
- opt in for emails or request catalogs or other marketing materials;
- participate in a contest, sweepstakes, promotion or survey;
- make inquiries concerning our merchandise or services;
- participate in any geolocation services we offer (e.g., to inform you of new products and promotions that may be of interest to you.)
- are referred to us through a third-party marketing promotion; and/or
- receiving information from third-parties.
We may also collect your email address via cookies and pixels on the Website through the use of trusted third party partners. These partners may also combine your email information with other information they have access to such as mailing address so that we may serve relevant marketing offers to you via email and direct mail. You may modify your preferences here.
To review or update personal information you've provided previously, sign in to our site and click "My Account." You may update stored information by clicking "My Address Book." Be sure to "Update" once you've completed your changes. You also may call or email Customer Service.
If you purchase merchandise or a gift card for another person, we also may collect personal information concerning the recipient in order to fulfill your request. We will assume that you have the recipient's permission to use his or her personal information for this limited purpose.
We may use third party advertising companies to collect data and/or serve ads when you visit our website or application. These companies may use information about your visits to this and other websites or applications in order to provide advertisements about goods and services of interest to you. Please keep in mind that your browser settings may not permit you to control the technologies utilized by these third party companies. If you would like more information about this practice and to know your choices about not having this information used by these companies, visit https://www.networkadvertising.org/choices/.
HOW WE MAY USE THE PERSONAL INFORMATION WE COLLECT
We may use the personal information we collect to:
- process, track and fulfill your order and contact you about the status of your order;
- if you consent to join our mailing list, to tell you about and administer our contests, sweepstakes and promotions;
- send you emails, catalogs or other marketing materials about our merchandise or services; and
- send you surveys about our merchandise or services;
- offer you geolocation services (e.g., to inform you of new products and promotions that may be of interest to you.);
- respond to your inquiries regarding our merchandise or services;
- learn about your shopping preferences and improve your shopping experience;
- help us address problems with and improve our site and our merchandise and services; and/or
- protect the security and integrity of our site. We may also use your personal information in other ways for which we will provide notice and obtain your consent at the time of collection, to the extent required by law or this Privacy Policy.
- communicate and send you information by email, postal mail, telephone, text message, or other means about our products, services, contests, and promotions, including marketing communications that we believe may be of interest to you.
HOW WE MAY SHARE THE PERSONAL INFORMATION WE COLLECT
We may share your personal information for the purposes described above in the following ways:
- In the event of the sale or a merger of Boston Proper, information we have collected may be among the assets transferred.
- We may share certain personal information with companies who provide certain services to us such as shipping, name and address verification, email distribution, and promotions management. We share only that information necessary for these companies to perform their requested services. Additionally, these companies are contractually obligated to protect this information and to use it for no other purpose.
- With co-sponsors of contests, sweepstakes or promotions.
- With reputable companies whose products we believe may be of interest to you. We share only first and last names and mailing addresses but not email addresses.
- With law enforcement upon request, as required by applicable law (such as by court order or subpoena), if necessary, in connection with a fraud investigation, or to protect and defend our customers' and our interests.
- Personal information is shared with third party marketing partners for commercial purposes.
- To exercise the right to opt out of your data being shared for commercial purposes, please contact us at [email protected].
Boston Proper may share your personal information with third-party partners for marketing, business, and operational purposes. However, we do not share or sell your SMS opt-in data or consent status with third parties except as required to provide the SMS service itself. Specifically:
RETENTION AND STORAGE OF YOUR PERSONAL INFORMATION
We retain your personal information for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws.
COOKIES
Our website uses "cookies" and similar tracking technologies to enhance your browsing experience and enable features such as personalized product recommendations and cart reminders. "Cookies" are small data files stored on your computer's hard drive or mobile device when you visit a site. Cookies may be used in a variety of ways to enhance and personalize your online browsing and shopping experience. We specifically use cookies to track cart activity, including when items have been added to your cart but not purchased. For instance, cookies allow us to remember what's in your shopping cart, recognize you when you return to our site, track your orders, and monitor and maintain information about your visits.
When you visit our site:
- Cart Reminders: We use cookies and website plugins to track when a cart has been abandoned. This data allows us to send cart reminder emails or SMS messages to notify you about items left in your cart.
- Tracking Mechanisms: These tracking mechanisms may include cookies and other similar technologies that monitor browsing behavior to identify abandoned carts and follow up with reminders via email or SMS.
By using our website, you agree to the use of these tracking mechanisms. You can manage or disable cookies through your browser settings, but this may impact your ability to use certain features of our site, including cart reminders.
You may set your browser not to accept cookies ("do not track") or to notify you when you receive cookies. If you do not accept cookies, you will need to re-enter your personal information each time you decide to make a purchase online.
Examples of Cookies we use:
- Session Cookies: We use Session Cookies to operate our Service.
- Preference Cookies: We use Preference Cookies to remember your preferences, interest and various settings.
- Security Cookies: We use Security Cookies for security purposes.
- Advertising Cookies: We use Advertising Cookies to measure the effectiveness of our online advertising initiatives.
RETENTION OF DATA
We will retain your Personal Data only for as long as it is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when the data is used to strengthen the security or to improve the functionality of our service and offering, or we are legally obligated to retain this data for longer time periods.
THIRD-PARTY ADS
We use a third-party provider to place our internet ads. The provider may collect anonymous information about your visits to our site and your interaction with our products and services. The provider may also use information about your visits to this and other sites to target advertisements for merchandise and services. This anonymous information is collected through the use of a pixel tag, which is industry standard technology used by most major websites. No personally identifiable information is collected or used in this process. The provider does not know your first and last name, address, phone number, email address or any of your other personally identifiable information. However, we will respect your preference as to whether you'd like your information to be collected. You may modify your preferences here. For any questions, contact our Customer Service team. (Contact Us)
SECURITY
We use various technologies and processes to help protect your information. Information such as your credit or debit card account number is transmitted through a secure server using Secure Sockets Layer (SSL) encryption technology. The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, absolute security can never be guaranteed.
We will never request your credit card or other personal information by email. If you receive an email that appears to be a request from us for personal information, Do Not Respond, as this may be a "phishing" scam designed to steal your information. Never include your credit or debit card number or other sensitive information in an email as it is not a secure means of transmitting information. We will only request such information during secure transactions on our site or through our Customer Service team.
It is your responsibility to safeguard any password you create to access "My Account" and to sign out when your visit is complete.
LINKS TO OTHER WEBSITES
Our site may contain links to sites owned by third parties. Please review the privacy policy of any site you access through our site as we are not responsible for a third-party's privacy policy or practices.
CHILDREN'S PRIVACY
Our site is not intended for use by children and we do not knowingly collect personal information from children under the age of 13. If we learn that information has been submitted by someone who is under the age of majority in your jurisdiction of residence, we will not use it. The child's parent or guardian should contact us if we have inadvertently collected such personal information and we will delete it from our files.
INTERNATIONAL ORDERS AND USERS
For the purposes set out in this Privacy Policy, we, one of our affiliates, or an unaffiliated service provider may process and store your personal information outside of your home country. Under the laws of those foreign countries, in certain circumstances courts, law enforcement agencies, regulatory agencies or security authorities in those foreign countries may be entitled to access your personal information.
If you reside or are located outside of the United States, please note that this site is hosted on our computer servers in the United States. Your use of this site or submission of personal information will constitute your consent to the transfer of personal information outside of your home country.
YOUR CALIFORNIA PRIVACY RIGHTS
This Privacy Notice for California Residents supplements the information contained in above in our general privacy policy and applies solely to all visitors, users, and others who reside in the State of California.
Your Rights
The California Consumer Privacy Act ("CCPA") grants State of California residents the following rights, to:
- Know what personal information is being collected about them;
- Know whether their personal information is sold or disclosed and to whom;
- Say no to the sale of their personal information;
- Access their personal information;
- Have their personal information deleted; and
- Have the right to equal service and price, even if they exercise their privacy rights under this law.
Categories of Personal Information We Collect
We collect information that identifies you, your household or your device or is reasonably capable of being connected with or linked to you, your household, or your device ("Personal Information"). Personal information does not include public information available from government records, de-identified or aggregated information or information that is protected by certain laws such as HIPAA for health related information and the Gramm-Leach Bliley Act (GLBA) for certain financial information.
We collect the following categories of Personal Information:
- Identifiers
- First and last name
- Mailing address
- Telephone number
- Email address
- Birth month and date
- Internet Protocol (IP) Address
- Personal Information Listed in the California Customer Records Statute
- The above identifiers
- Credit or debit card information
- Characteristics of Protected Classifications
- Age
- Commercial Information
- Information about transactions you have us such as online purchases
- Content interests
- Biometric Information
- Not collected
- Internet or Other Electronic Network Activity Information
- Cookies
- Domain name
- Browser type
- Operating system
- Usage data
- Geolocation Data
- Information that tells us from where you access our website
- Sensory Data
- Not-collected
- Professional or Employment-Related Information
- Not collected
- Non-public Education Information
- Not collected
- Inferences Drawn from Other Personal Information
- Not collected
See "Information We May Collect" above to learn how we collect your information.
Categories of Sources of Personal Information
We collect information from the following categories of sources:
- Directly from you. For example when you complete online forms to buy products from us.
- Third Parties. For example, when we engage in a contest or promotion with a co-sponsor.
How We Share Your Personal Information
We share information in each of the above categories as follows:
- All categories of information
- We will share information in all of the above categories if our company is sold or we engage in a merger or other such transaction.
- We will share information in all of the above categories of information in connection with a law enforcement request that is compliant with the California Electronic Communications Privacy Act.
- Identifiers
- We share identifiers with service providers who use that information only to provide services to us such as shipping, name and address verification, email distribution and promotions management.
- We share first and last name, mailing address and email address with co-sponsors of contests, sweepstakes and promotions. To opt-out of this sharing, see how to submit an opt-out request below.
- We share first and last name and mailing address with reputable companies whose products we believe may be of interest to you.
- Personal Information Listed in the California Customer Records Statute
- We share identifiers and credit or debit card information with our your third party payment processor to process payments for product purchases on our website.
- Internet or Other Electronic Network Activity Information
- We share this information with our data analytics providers
How We Use Your Information
See "How We May Use the Personal Information We Collect" above to learn how we use your information. 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.
How We Retain and Store Your Personal Information
We retain your personal information for as long as necessary to fulfill the purpose(s) for which we collected it and to comply with applicable laws. We use reasonable security precautions to protect your information while in storage.
Requests to Know
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, we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we colleced 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 (also called a data portability request).
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- sales, identifying the personal information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Requests to Delete
You have the right to request that we 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, 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 provider(s) to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
How To Submit a Request to Know or a Request to Delete
To request this information, please fill out and submit our Data request intake form here.
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. To designate an authorized agent, email us at [email protected] and we will provide you with a form to make a designated agent request.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. To make a request, you must:
- Provide sufficient information that allows us to reasonably verify that you are the person about whom we collected personal information or that you are an authorized representative
- If you request the categories of information we collect, we require your first and last name and your date of birth.
- If you request the specific information or to have your information deleted, we require your first and last name, date of birth and a description of your two most recent purchases with us.
- If you have used multiple email addresses for transactions on our website, please include all email addresses in your request to enable us to delete all of your information.
- Describe your request with sufficient detail that allows us to 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.
We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
How To Submit an Opt-Out Request
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 sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is at least 13 but not yet 16 years of age, or the parent or guardian of a consumer less than 13 years of age. We do not collect or share information of those under 13. Consumers who opt-in to personal information sales may opt-out of future sales at any time. We do not sell your information to third parties for money. When we provide information to co-sponsors of contests, sweepstakes or promotions or with reputable companies whose products are of interest, that constitutes a "sale" under the CCPA and you have the right to opt-out.
To exercise the right to opt-out, you (or your authorized representative) may email a request to us at [email protected]
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 contacting our customer service team at 1-800-243-4300 or [email protected].
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.
We will try to respond to your request within forty-five (45) days of when we receive it. 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 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 data portability 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, specifically by electronic mail communication.
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.
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 offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
Other California Privacy Rights
California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Website 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 fill out and submit our Data request intake form here.
Your Nevada Privacy Rights
Nevada law (SB 220), permits customers in Nevada to opt-out of the sale of certain kinds of personal information. A sale under Nevada law is the transfer of this personal information to third parties for monetary consideration so these third parties can then re-sell or license the sold information. If you are a Nevada resident and wish to opt-out of the sale of your personal information, you must send a request by email to [email protected].
DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
By using our website and services, you agree that any dispute, claim, or controversy arising out of or relating to your use of our website, this Privacy Policy, or the breach, termination, enforcement, interpretation, or validity thereof (collectively, "Disputes") will be resolved through binding arbitration, rather than in court. This includes any claims against our officers, directors, employees, or agents in their official or personal capacities.
Agreement to Arbitrate
You and Boston Proper agree to arbitrate any and all Disputes, except as set forth under "Exceptions to Agreement to Arbitrate" below. Arbitration is more informal than a lawsuit in court and uses a neutral arbitrator instead of a judge or jury. Arbitration is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.
Arbitration Procedures
The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect (the "AAA Rules"), except as modified by this Dispute Resolution and Arbitration Agreement. The AAA Rules are available at www.adr.org.
Class Action Waiver
You and Boston Proper agree that any Dispute will be conducted only on an individual basis and not in a class, collective, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and Boston Proper each waive any right to a jury trial or to participate in a class action against the other.
Exceptions to Agreement to Arbitrate
Either you or Boston Proper may assert claims, if they qualify, in small claims court. Additionally, both parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Governing Law
This Dispute Resolution and Arbitration Agreement shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law, and the laws of the State of Florida, without regard to its conflict of laws principles.
Changes to Dispute Resolution and Arbitration Agreement
We will provide 30 days' notice of any changes to this section by posting on our website. Changes will become effective on the 30th day, and will apply prospectively only to any claims arising after the 30th day.
If you continue to use our website or services after the effective date of the revised Dispute Resolution and Arbitration Agreement, you agree to be bound by the terms therein. If you do not agree to the revised terms, please stop using our website and services.
POLICY CHANGES
If our Privacy Policy changes, we will post the changes to our site with the date of revision. Your continued use of our site will constitute your agreement with our revised Privacy Policy. Please also note that our Privacy Policy is incorporated into our site's Terms of Use.
UPDATING AND MODIFYING YOUR COMMUNICATION PREFERENCES
If you wish to update, delete or modify your personal information or do not wish to be contacted via email, direct mail and/or telephone, please make changes to "My Account" online or contact Customer Service. Provide your exact name and postal or email address so that we may identify you accurately. You may also "unsubscribe" from our email by using the link provided at the bottom of each email. If you ask us to remove you from marketing lists, we will maintain you on a "do not contact" list to ensure that we continue to honor your request. It may take up to 10 days to process your "do not email" request. It may take up to 8 weeks to process your "do not mail" request because mailings are planned long in advance. If you purchase online, we will continue to confirm your order and shipment status via email, postal address or telephone. If you change your mind about choices you've previously made, make changes to "My Account" online or contact Customer Service. (Contact Us)
YOUR PRIVACY RIGHTS
Depending on the jurisdiction you are in, you may have the right to:
- Access, correct, or delete your personal information.
- Request that we do not sell your personal data to third parties.
- Opt out of marketing communications, including SMS messages, at any time by following the opt-out instructions provided in such messages or contacting us directly.
For more details on your rights and how to exercise them, please review the relevant section of this Privacy Policy.
CONTACT US
Boston Proper Customer Service
1-800-243-4300
[email protected]