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OhSoPhresh Privacy Policy
Last updated: September 11, 2024
At OhSoPhresh and on behalf of our family of brands and subsidiaries:
We want to inform and empower you to exercise meaningful control over how your personal information is collected and used.
This Privacy Policy explains how we process personal information provided and collected when you access or use our websites (sites), mobile applications (apps), and any other online services where this Privacy Policy is posted (collectively, our online services). It also explains how we process personal information provided and collected when you interact with us offline (like when you shop in our stores, call our customer service team, or attend our events).
In this Privacy Policy, personal information means information that relates to an identified or identifiable individual or as otherwise defined under applicable law.
We follow this Privacy Policy in accordance with applicable laws in the places where we operate. In some cases, we may provide supplemental terms specific to certain products and services and separate terms specific to certain regions. Supplemental terms are to be read in conjunction with this Privacy Policy, and region-specific terms apply separately.
While we strive to manage various privacy laws consistently, some terms, obligations, and rights only apply or may be available to those who live in certain jurisdictions. Use of the term “right” in this Privacy Policy (and any supplements) is not intended to and shall not confer any legal rights or remedies on any person or party, and any such rights or remedies shall only exist to the extent expressly provided under applicable law.
Employees and job applicants. If you are a OhSoPhresh employee, please refer to the OhSoPhresh Employee Privacy Policy applicable to you.
Notice at collection
While we encourage you to read our full Privacy Policy, this Notice is to provide you with timely notice, at or before the point of collection of personal information, about the categories of personal information to be collected from consumers, the purposes for which the personal information is collected or used, and whether personal information is “sold” or “shared” (as those terms may be defined by applicable privacy laws).
We hope you will use this Notice as a tool when choosing whether to engage with us or to request to limit certain uses of your personal information.
We collect the following types of personal information:
We collect personal information to:
We retain personal information for the length of time needed to fulfill the purposes for collection unless a longer retention period is required or permitted by applicable law.
Request to opt-out of certain uses of your personal information:
We may share personal information with other parties to provide analytics services and serve ads on our behalf targeted to your interests and based on your online activities. Information may be linked to your browser or device (like cookies and similar tracking technologies) and related to you if you have a customer account or interact with us in other ways. These parties may use the information for their own marketing and to offer products and services on our online services.
Your personal information is not shared for money, but certain uses may be deemed the “sale” or “sharing” of personal information under applicable privacy laws.
Click the “Your Privacy Choices" link located at the bottom of our websites and within our mobile apps under Customer Service, to opt-out of these uses of your personal information.
Read more about other privacy rights and choices that may be available to you under the “Your privacy rights and choices” section of this Privacy Policy.
Types of personal information we collect and sources
The types of personal information we collect about you depend on your interactions with us but typically consist of information you provide to us, we generate and automatically collect on our online services, and we receive from other sources.
Please be aware that if you do not allow us to collect certain personal information, we may not be able to provide certain products and services, and some products and services may not be able to take account of your interests and preferences.
Information you provide to us
Information we generate and automatically collect
For more information about the use of automated information technologies for targeted advertising and how you can opt-out, please see the "Your privacy rights and choices" section of this Privacy Policy.
Information we collect from others
We may collect personal information about you from publicly available and other sources, including:
Franchisees
We have franchise agreements with franchisees in a number of countries around the world. Under these agreements, third parties operate (or will operate) stores, shop-in-shops, and websites that sell apparel and related products under our brand names. We do not share personal information with our franchisees, and they do not share personal information with us. Personal information collected by a franchisee is subject to the franchisee's own privacy policies. Please be sure to review other privacy policies that may apply.
How we use personal information
We use personal information we collect to:
For residents in certain jurisdictions outside the United States, we may process your personal information on the following grounds:
Disclosure of personal information and recipients
We may disclose or share the types of personal information we collect with:
For more information about how we may share information for targeted advertising and how you can opt-out, please see the "Your privacy rights and choices” section of this Privacy Policy.
Your privacy rights and choices
Depending on where you reside and legal limitations, applicable laws in your jurisdiction may grant you the right to make certain privacy requests. Even if you do not live in one of these jurisdictions, we allow you to make the same requests, and we will take reasonable steps to fulfill them.
You may make a request to:
How to make a request to know, delete, or correct
Click here to make a request using our online Privacy Requests Form.
To fulfill your request, we may need to verify your identity. We will send you an email with a link to confirm your email address and may request additional information solely for the purposes of verifying your identity. We only use the information collected through the Privacy Requests Form or otherwise requested to fulfill and maintain records of your request.
Please follow the instructions provided in the communications sent to you, including how to access the fulfillment status and other information related to your request.
You may have an authorized agent make a request on your behalf using the Privacy Requests Form. Your agent will be required to provide written proof that you gave the agent signed permission to submit the request on your behalf. In some cases, we may ask you to verify your identity directly with us or directly confirm that you provided the agent permission to submit the request on your behalf.
You or your authorized agent may also make a request by writing us through the customer service email. Simply state in the subject line the Opt-out/request to delete along with contact information.
If you are a business contact, please submit your requests by writing to us using the contact information above.
We work to fulfill requests within the time frames provided by applicable law, and, in some cases, fulfillment make take up to 30 or 45 days depending on where you reside.
Opt-out of sharing for targeted advertising
We may share personal information with other parties to provide analytics services and serve ads on our behalf targeted to your interests and based on your online activities. Information may be linked to your browser or device (like cookies and similar tracking technologies) and related to you if you have a customer account or interact with us in other ways. These parties may use the information for their own marketing and to offer products and services on our online services.
Your personal information is not shared for money, but certain uses may be deemed the “sale” or “sharing” of personal information under applicable privacy laws. We do not sell or share personal information of individuals we know to be under 16 years of age.
Please click the “Your Privacy Choices” link located at the bottom of our sites and within our mobile apps under Customer Service, to opt-out of these uses of your personal information using our Privacy Preference Page and Webform.
If you have a customer account, please sign-in first, before taking the steps on the Privacy Preference Page and Webform, so we can maintain your preference. We only use the information requested to fulfill and maintain records of your request. Your request may take up to 15 business days to process.
Some browsers allow you to enable privacy-controls in the browser's settings to automatically signal your opt-out preference to the websites you visit (like the Global Privacy Control). We honor the Global Privacy Control as a valid request to opt-out of the sharing of information linked to your browser.
You may have an authorized agent submit a request to opt-out on your behalf using the Privacy Preference Page and Webform. Your agent will be required to provide your signed permission to make the request on your behalf. The requirement for your agent to provide signed permission does not apply to requests to opt-out received via the Global Privacy Control.
Please keep in mind:
You may also choose to control targeted ads you receive within apps by using the settings and choices made available to you by your device manufacturer. Your device manufacturer will typically have their own privacy settings to block technologies used for targeted advertising or ask for your permission first.
You can read more about targeted adverting and take additional steps to control targeted advertising from many ad networks and exchanges by visiting the Digital Advertising Alliance (www.optout.aboutads.info) or European Interactive Digital Advertising Alliance (www.edaa.eu).
As online environments continue to evolve, additional opt-out mechanisms or privacy settings may become available to you. We encourage you to review the information on opt-outs and settings that browser owners, device manufacturers, technology companies, and industry associations make available to you.
Reasons a request may be denied and exceptions
We may deny your request if we are unable to verify your identity. We use your confirmation of your email address as one way to verify your identity. For example, we may deny your request, if you don’t timely respond to our request to confirm your email address or provide other requested information necessary for us to verify your identity or process your request. We may deny a request from an authorized agent if the agent does not provide required permissions.
If you make a request to delete your personal information, we may not be able to delete certain information if the information is required for us to process your purchase payments or fulfill your orders (exchanges or returns) or requested services.
We may not be able to honor your request, to the extent it otherwise restricts our ability to comply with applicable law (including cooperating with law enforcement) or our regulatory obligations (like maintaining records of your requests and preferences) or in our good-faith judgment we believe information is necessary to exercise or defend a legal claim or protect our operations and property or the privacy, safety, and property of others.
If we deny your request, you may appeal our decision by writing to us using the address in your area listed under the "Contact us" section of this Privacy Policy. If you have concerns about the results of an appeal, you may contact the supervisory authority where you reside.
Non-discrimination
We do not discriminate against anyone for exercising their privacy rights or making similar requests.
Automated individual decision making
We do not make decisions about you based solely on automated processing of your personal information, including profiling, which produces legal effects or similarly significantly affects you, unless necessary for entering or performance of a contract with you based on your explicit consent or as authorized by applicable law.
Email marketing
You may opt-out of receiving marketing or promotional emails from us by clicking on the “unsubscribe” link contained in such emails. Please keep in mind that if you opt out of receiving marketing or promotional emails, we may still send you transactional communications, such as those relating to your purchases or Loyalty Rewards Program.
Text message marketing
You may opt out of receiving marketing or promotional texts from us by texting the word STOP in response to a text message or following other instructions provided to you when you elected to receive texts. You may have requested texts from more than one list, so you will need to opt-out from each list you are on.
Direct mail
You may request that we stop sending you postal mail offers through the United States post office by writing to us at: Privacy Requests, Legal Department
Co-branded, co-sponsored, or cross-promotional offerings
If you choose to participate in a co-branded, co-sponsored, or cross-promotional offering, the brand, sponsor, or other third party involved in that offering may use your information for their own purposes, including advertising and marketing. You must contact the relevant third party directly to exercise your opt-out choices with respect to the third party’s use of your information.
Push notifications
If an online service enables push notifications on your device, you may review and update your push notification preferences by adjusting the notification settings provided by your device manufacturer. Deactivation may not apply to our in-app notifications and alerts.
In-store technologies
If you choose to use our in-store Wi-Fi services, you can opt-out of the auto-reconnect feature by adjusting your mobile device settings provided by your device manufacturer or by visiting www.smart-places.org.
Sensitive personal information
We do not use or disclose sensitive personal information unless it is necessary to provide the goods or perform the services you have requested (such as processing or fulfilling orders and transactions), with your consent, or as otherwise authorized by applicable law (such as to prevent, detect, and investigate security incidents, ensure physical safety, and show non-personalized advertising as part of your current interaction with us). We do not use or disclose sensitive personal information for the purpose of inferring characteristics about you.
Children’s privacy
We do not knowingly collect personal information directly from children under the age of 13 (16 in the United Kingdom or European Union) without parental consent. Our online services are general audience properties and are not specifically targeted to or intended for use by children.
Retention of personal information
We retain personal information for the length of time needed to fulfill the purposes for collection unless a longer retention period is required or permitted by applicable law.
Data transfers
We have operations and vendors in the United States, Canada, and other countries which means we may transfer your personal information to or store or access it in jurisdictions that may not provide levels of data protection that are equivalent to those of your home jurisdiction. We provide adequate protection for the transfer of personal information in accordance with applicable law, such as by obtaining your consent, setting up contractual obligations with our service providers and third parties, relying on the European Commission’s adequacy decisions, or executing Standard Contractual Clauses. As applicable law may provide, you may request a copy of these Standard Contractual Clauses by contacting our representative in the United Kingdom and European Union identified in the "Contact us" section of this Privacy Policy.
Information safeguards
Our goal is to provide you with safe and convenient experiences when you interact with us. We maintain technical and organizational measures designed to protect you and your personal information. Please note that we will never email you asking for personal information (like your customer account access credentials, date of birth, or credit card information). Additionally, we will never email you with attachments that can be opened. If you receive a suspicious email that appears to be from us, please contact us as identified in the “Contact us” section of this Privacy Policy.
Third-party sites and platforms
When you provide information to us on sites, apps, and other platforms operated by third parties (like using one of our apps on a third-party platform through your mobile device), the information you provide may be separately collected by these third-party operators. In addition, you may interact with our content, products, services, or ads available on content distribution channels operated by third parties (like video sharing and social network websites and apps). The information we collect is subject to this Privacy Policy, and the information these third-party operators collect is subject to their own privacy policies. Privacy choices you make on third-party sites, apps, platforms, or content distribution channels will not apply to our use of the information we have collected directly through our online services.
Please also keep in mind that our online services may contain links to other sites and platforms that we do not own or control. We are not responsible for the privacy practices of other sites and platforms. We encourage you to be aware when you leave our online services and to read the privacy policies published by relevant third parties that may apply.
Additional Information for California Residents
This Privacy Policy covers our information practices for the last 12 months regarding the categories of personal information we have collected (under the "Types of personal information we collect and sources" section of this Privacy Policy), sold/shared to third parties (under the "Your privacy rights and choices" section of this Privacy Policy), and disclosed for business purposes to third parties (under the "Disclosure of personal information and recipients" section of this Privacy Policy). For information about your privacy rights and choices and how to exercise them, please review the "Your privacy rights and choices" section of this Privacy Policy.
Loyalty Rewards Programs
Notice of Financial Incentive. We provide rewards benefits and special offers to customers who participate in our OhSoPhresh Loyalty Rewards Programs (collectively, the "Loyalty Rewards Programs"). We may also provide other program offerings (such as sweepstakes, contests, or promotional campaigns) to customers who sign up to participate or to receive communications from us via email, text, and social media. Personal information is collected when you participate in Loyalty Rewards Programs and other program offerings and may include your contact and transaction information, information we generate and automatically collect, and other information that allows us to tailor our communications and provide offers and products and services we think may be of interest to you.
You can sign up to participate in Loyalty Rewards Programs online. Please review our Loyalty Rewards Program Terms and Conditions presented to you when you sign up. You can withdraw from Loyalty Rewards Programs at any time by contacting an online customer service representative.
You may choose to opt-out of or end communications related to other program offerings, as explained under the “Your privacy rights and choices” section of this Privacy Policy.
Loyalty Rewards Program benefits and offers and other program offerings are reasonably related to the value of a participant’s data based on our estimate of the value of participant’s data that forms the basis for offering the programs (less expenses to provide such programs). Methods used to calculate the value of a participant’s data include:
If you participate in any of our Loyalty Rewards Programs or other program offerings, you will not be treated differently because you exercise a legal right or make a similar request.
If you request deletion of your personal information, deletion includes your online accounts and Loyalty Program Memberships (unless an exception applies) and all related rewards, benefits, and available promotions. We are not able to reinstate and you will no longer accrue these after deletion.
Statistics on California consumer privacy requests we receive. The following are statistics on the number of privacy requests we’ve received from California residents.
*Lack of response to identity verification.
Shine the light. California law permits California residents to request certain information regarding and/or opt-out of our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please write to us at the following at our customer service email provided on our website.
Minor content removal. If you are a California resident, under 18, and a registered user of our services, you may ask us to remove content or information that you have posted to these services by contacting us. Please note that your request does not ensure complete or comprehensive removal of the content or information. For example, some of your content may have been reposted by another user on other media.
Policy revisions and updates
Because we may revise and update this Privacy Policy from time to time, we encourage you to review it regularly. If we make changes, we will notify you by revising the date at the top. If we make material changes, we will provide you with additional notice, such as adding a statement on the homepages of our websites or sending you a notification.
Contact us
If you are in the United States and have any questions or concerns about this Privacy Policy or our information practices, you may email us at customer service subject:
Privacy Requests
OhSoPhresh Privacy Policy
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