Privacy Policy
Last Updated: November 13, 2023
Introduction
ZAC POSEN part of CENTRIC FASHION LLC ("we,” “us,” or “our”) is committed to respecting your privacy and recognizes your need to protect the personal information that you share with us on our website. This Privacy Policy (or “Policy”) describes how we collect, use, share, and protect information you and others provide to this site www.zacposen.com (“Site”), what information we collect about your use of the Site, as well as what rights users have with regard to their data.
By accessing or using the Site, you agree to the terms of this Privacy Policy. If any portion of this Policy is unacceptable to you, do not use the Site. Use of the Site constitutes acceptance of this Privacy Policy, including any future revisions to this Privacy Policy.
Collection of Data
We collect certain personally identifiable information defined as “information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household” when you sign into the Site; create an account for online shopping; participate in a contest, promotion, or survey; or request other services that require information, registration or subscription. We also keep a record of your product interests and purchases online and automatically receive and record information on our server logs from your browser (including your IP address, our cookie information, and the page you requested). In addition, telephone calls to, and any chat sessions with, our customer service representatives may be monitored and recorded for record-keeping, training and quality assurance purposes, as well as for the other legitimate purposes set forth under “Use of Data” below.
When you first log onto our Site, you may be offered an opportunity to sign up for exclusive offers, which will be delivered to you via the email address you provide. You are required to provide us with your email address in order to receive these special offers, which we collect and store in order for you to receive these offers. You may also be asked to provide us with your gender, birth month, and birthday in the process of setting up an account or signing up for offers. We use this information to better help us understand people who visit our site and to tailor your marketing experience to you. Until you tell us to stop, providing us with this information and our continued communication via email represents an ongoing relationship with you and we will continue to send you offers and information on an ongoing basis
You do not need to register or provide any information to us if you are just browsing the Site, but if you want to make a purchase, you must provide us with your first and last name, your email address, your shipping address, your billing address, your phone number, and credit card information. We only keep a record of your transactions; your credit card details are not held on our Site. If you have provided us your email address, we may reach out to you during the shopping process, or after you leave the site. For instance, if you close your browser when you have an unfinished order (products in your shopping cart), we may email you to let you know you have not finished your checkout. We have a legitimate interest in making sure your shopping cart is there when you return. Please see the cookies section below for more information about this.
If you do register with us, you can do so either directly on the Site, by providing us a username and password or through a third-party social media account. If you choose to use any of the third-party sign-up/sign-in processes, you are giving us permission to see information contained in your public profile on those sites. If you do not want us to have information from those sites, please sign up directly with us, and manage your cookie setting through the tools available to you on your browser. Also, by signing in with a third-party, you may be sharing certain information with such parties. Please review their privacy policies carefully to ensure you are comfortable using this sign in process.
When you interact with our Site, we also collect limited non-personally identifying information that the browser you used makes available automatically. This information includes the internet address of the computer or network you used to access our Site, the date, time, and page(s) you visited on our Site, the browser and operating system you used, and the referring page (the webpage that contained the link to our Site that you clicked on to get there). We also use data files to help you navigate on the Site. Once you leave our Site, you have the right not to be followed. Please see our section on Cookies below to learn more about managing your experience.
We may collect your email address via cookies and pixels on the Site through the use of trusted third-party partners. These partners may combine your email information with other information they have access to such as your mailing address so that we may serve relevant marketing offers to you via direct mail. If you do not want us to collect information about you, please contact us to opt out.
If you call, email or chat with our Customer Care center, we may ask for information such as your name, email address, mailing address, telephone number and if you choose to make a purchase, your credit card information. We use this information to assist you and to process or review your transaction. When you place an order through Customer Care, you will be asked to provide your credit card information. We do not store your credit card information unless you choose to include it in your “My Account.”
Use of Data
We have a legitimate interest in using your personal information for the following purposes:
- To process your payment and facilitate delivery of items you order. We may also save your information to facilitate new product orders or process returns.
- To create and secure your account with us.
- To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
- To send you newsletters and information about us and our products.
We have a legitimate interest in ensuring that our Site operates correctly and efficiently. Toward that goal, we use the aggregated nonpersonal data and information from all users of our Site to measure server performance, analyze user traffic patterns, and improve the content of our Site and portions of our Site. We sometimes track the keywords that are entered into our search engines or through our Sites to measure interest in specific topics and to improve the visitor experience on the Site.
We have a legitimate interest in communicating with you about your account and will use your personal information to send you important non-commercial emails, such as administrative notices related to our Site, your orders, and customer service inquiries. For instance, you will receive notices regarding the status of purchases that you make on the Site. This and other noncommercial information are necessary to maintain our records and provide you with the best possible customer experience.
Please note that unless you delete your account completely, as outlined below, we will continue to send you noncommercial communications, even if you have opted out of receiving commercial messages from us.
Promotions
In the event we conduct an online survey, promotion, contest, or sweepstakes (collectively, a “Promotion”), the information we collect will be used consistent with the terms and conditions outlined in the Promotion guidelines or rules, which may include a reference to this Policy. All Promotions are voluntary and may include a request for information, such as your age, an image of you, or other information. However, you may be asked to provide certain information in order to participate in a Promotion if it is necessary for its operation. For instance, if we request your email address or your social media handle because it is used to notify you if you’ve won and/or to send your prize, and you do not want to provide it, you will not be able to participate in the Promotion. All information provided in connection with a Promotion will be used in accordance with this Privacy Policy, including using such information to send marketing communications to participants in the Promotion until they opt-out of receiving such material by following the instructions described in this Policy.
Marketing Messages
We will use your e-mail address and/or other personal information you provide to us to send you information we think you will be interested in, including our and our partner’s products and services, company news, updates, and promotions, news from our branding partners, affiliate marketers, and information about items you may have viewed and/or added to your cart on the Site but did not purchase.
Opting Out of Marketing Messages
You can opt out of receiving our marketing communications at any time by following the unsubscribe instructions in any marketing email you receive from us, or by sending an e-mail to us at the address provided under Contact Us below that contains the email address you wish us to unsubscribe from our lists. Please note that if you do not supply the email address in your request, we will be unable to unsubscribe you. Also, if you do not supply the same email address to us that you used to subscribe to, we will be unable to unsubscribe you. Even if you opt-out of receiving marketing messages, we will still send you non-commercial messages so long as you maintain your account. Please see below for how to permanently delete your account.
Text Messages
You may have the opportunity to receive commercial and promotional messages from us via SMS text message. We will only send such messages with your consent. You can revoke your consent to receive commercial text messages from us at any time by reply “STOP” to any marketing text message you receive. Please note that sending STOP via text message will only end automated commercial text messages. If you have a relationship with us or a sales associate or personal shopper and you no longer want to receive messages, you must expressly request that person stop sending you messages. If you have revoked your consent to receiving commercial text messages, but have not opted out of targeting cookies in your settings in your browser, revoking your consent will not stop you from seeing ads on third party websites based upon your browsing history on the Site.
Please note that we request a phone number when you place an order with our Site. If you choose to include your mobile number, such inclusion constitutes consent to allow us to send you non-marketing messages about your order or account, but we will not send you marketing communications unless you have expressly provided the appropriate consent for us to do so.
Sharing of Your Information
Third Parties
We may use third parties to process your data when it serves a legitimate business purpose (such as fulfillment services, technical support, delivery services, and financial institutions). For example, when you place an order using a third-party such as Shopify or Shoprunner, we may share your personal information and shipping information with that party to facilitate the shipping of your order and to grant you discounts, and with companies that assist us in processing your payment method for purchases. Our contracts with these third parties require them to comply with the terms and the intent of this Privacy Policy, make commercially reasonable efforts to safeguard your information, and not use your information for their own commercial purposes. In regard to SMS text messages, we do not share any text message originator opt-in data and consent; this information will not be shared with any third parties.
Business Transactions
In the event we (or our parent corporation) go through a business transition or transaction, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets, your informatio will, in most instances, be part of the assets transferred to a successor entity. We or the successor entity may notify affected users of such transfer.
Legal Obligations
We have a legitimate interest in complying with our legal obligations. Accordingly, we may release personal information if we believe in good faith that: the law or legal process requires it; we have received a valid administrative request from a law enforcement agency; or such release is necessary to protect our rights, property, or safety, or that of our respective affiliates, business partners, customers, or others.
Links
Our Site may contain links to other sites, including those of our business partners. Those sites may have their own privacy policies or no privacy policies at all. We are not responsible for the privacy practices employed by other sites and those other sites have not agreed to our privacy policy. We have no control over or responsibility for any unaffiliated third-party sites or the content contained in them, and we provide these links solely for the convenience of our visitors. We do not sponsor, endorse, or otherwise recommend such sites or any products or services they may offer. In short, once you leave our Site, we are no longer responsible for the collection practices of the companies operating those sites.
Cookies
To help us serve you better, we collect information that identifies the computer or browser used to access the Site, as well as the user account associated with that computer/browser if you are logged in. Cookies are pieces of information placed in the settings of your web browser by a website server to identify your computer when you return to a website. Whenever a site welcomes you and tailors data to your specifications, it is reading a cookie left in your browser and identifying information that you may have registered during previous visits, such as your viewing preferences. You can find more information about cookies and how they work at here http://www.aboutcookies.org.
Certain cookies used by our Site do not collect any personal information and are essential to the provision of a functional website and/or app. Accordingly, we have a legitimate interest in placing these cookies (known as “Necessary Cookies”) that drive your navigation on and settings when visiting our Site, such as remembering you each time you visit the Site. We and our service providers also use “Analytics Cookies,” which allow us and such parties the ability to count visits and traffic sources so we can measure and improve the performance of the Site and help us to know which pages are the most and least popular and see how visitors move around the Site.
Other non-necessary cookies may be used for marketing purposes. These cookies may be set through our Site by our advertising partners and service partners, as described more fully below. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other sites. They do not store directly personal information but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising. When you first use our Site, we will provide you with a notice regarding the placement of these non-necessary Cookies. Unless you change your browser settings at that time, we may collect information about you from your browsing history and use that to send you targeted advertising. You may change this setting any time thereafter through the tools in your specific web browser. You may also help manage your cookies here: http://optout.aboutads.info. See below for information on how to opt-out of Google Analytics information we may collect, including remarketing to you.
Please note that opting out of receiving remarketing cookies does not mean you may never see an advertisement on our Site. It simply means those advertisements will not be tailored to you based upon your preferences on the site. Also please note that some features of our website may not function properly if all cookies (including Necessary Cookies) are blocked.
Please note that we may use cookies that are used to help us keep track of items you put into your shopping cart including when you have abandoned your cart, to determine when to send cart reminder messages via SMS messages and/or e-mail.
If you prefer not to receive cookies through our Website, you can set your browser to either reject all cookies, to allow only "trusted" websites to set them, or to accept only those cookies from those sites you are currently on. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our Site and use it.
By using this Site, you agree that we can place cookies on your computer or device as explained above. However, you can control and manage cookies in various ways. Please note that removing or blocking cookies may limit system performance and may impact your user experience and parts of the Site may no longer be fully accessible.
If you refuse cookies, this may limit system performance and may even cause certain features of the Site to malfunction or not to work at all. You can learn more about cookies at www.allaboutcookies.org/manage-cookies.
Selling Information
We do not sell your personal information collected on or though the Site under this Privacy Policy. To the extent we sell any personal information that falls outside the scope of this Privacy Policy, we will disclose our selling practices in the applicable privacy notices linked below.
Google Analytics
This Site may use Google Analytics Demographics and Interest Reporting. The Site may also make use of other Google Analytics for Display Advertising features, including Remarketing, Google Display Network Impression Reporting and/or the DoubleClick Campaign Manager integration. We are required by Google to disclose the following information to you in our Privacy Statement in connection with our use of any Google Analytics for Display Advertising features on the Site.
You may opt-out of Google Analytics for Display Advertising or customize Google Display Network ads by using the Google Ads Settings page. You may also prevent your data from being collected and used by Google Analytics by opting out through the use of the Google Analytics Opt-out Browser Add-on. If we make use of the Google Analytics for Display Advertising Remarketing feature, We will use such Remarketing feature to advertise online and third-party vendors, including Google, may show We ads on sites across the Internet.
We and third-party vendors, including Google, may use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) together to (a) inform, optimize and serve ads based on a user’s past visits to the Site, and/or (b) report how your ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to the Site.
As with all information we collect, the data from Google Analytics Demographics and Interest Reporting may be utilized by us to help recognize and understand user preferences, to make improvements to the Site, to choose content and advertising to display to you, and for other business purposes that will allow us to better serve you.
Do-Not-Track Signal
Because a browser’s do-not-track signal does not often reflect the preference of our consumers, our Site does not respond to it. You may, however, elect not to receive marketing messages and/or have certain cookies placed on your browser, as discussed above, in the Cookies section of this Privacy Policy.
Children’s Access
Consistent with the Children's Online Privacy Protection Act of 1998, as amended, our Site is a general audience website, intended for adult use only. We do not market to and do not knowingly collect any personally identifiable information from children under the age of 13. If you are based in the European Economic Area (EEA), you may only use our Site if you are over the age at which you can provide consent to data processing under the laws of your country. If you become aware of any person under the age of 13 who has provided personal information to us on the Site or otherwise, please notify us at the email address provided under Contact Us below.
Site Security
We take reasonable and appropriate security measures to protect unauthorized access, alteration or destruction of data located on and collected by our Site. We exercise reasonable care to protect your non-public personal information at rest. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. While we strive to protect your non-public personal information, we cannot guarantee the security of any information you transmit to us or receive from us while it is in transit. Once we receive your personal information, we maintain commercially reasonable physical, electronic and procedural safeguards to protect it. If a data breach occurs, we will, if required by applicable law, promptly notify you and the proper legal authority.
Payments and International Shipments
You may pay for your purchases on the Site by providing payment information directly on the Site (which is powered by third-party vendors) or through information saved in a third-party account, such as Paypal, if available. When you provide your credit card information to the Site, it goes directly to our vendors for processing. We only maintain a record of the transaction, not your credit card details, just like when you use the saved payment information from your third-party account.
For questions regarding shipping outside of the United States, please contact us using the information under Contact Us below.
Site Hosted in the United States; Consent for Collection and Processing
This Site is hosted in the United States. The country or jurisdiction in which you reside or from which you access the Site may have privacy laws that provide greater protections for your information than those in the United States. By accessing and using this Site from a location outside the United States, you understand and unambiguously agree that we and our third-party service providers may collect, store, and process your information in the United States.
Dispute Resolution
If you have an inquiry or complaint regarding whether we have violated our obligations under this Privacy Policy as to you, please contact us at the e-mail address provided under Contact Us below. We will endeavor to acknowledge your email within 24 hours, and provide a substantive response within 45 days. We may ask that you provide additional information and/or request a one-on-one discussion or conference.
Right of Access
You are entitled to access your personal information and to have it amended, updated, or deleted, where such information is incorrect, incomplete or outdated. You may exercise your right to access your information and obtain:
- a description of the categories of personal information and sources of such personal information we have collected within the past year;
- a description of the business purpose for which we have collected such personal information;
- a description of the specific pieces of personal information we have collected within the past year; and
- information on each third-party company to whom we have disclosed, within the past year, personal information pertaining to you for direct marketing purposes
In order to obtain such information, please contact us via the contact information provided under Contact Us below. In making such request, please be sure to provide us with your name and the email address about which you are requesting information. In order to verify your identity, we may require email verification from the email address we have in our records for you. You may be required to provide more information in order for us to assist you. We will answer your request within 45 days from our receipt provided your request is complete and accurate.
If you would like to update your information, you can contact us by sending a request in writing to the email address under Contact Us, below. When making a request to update your information, please make sure to provide the name and email address associated with the account. The email address you provide must match the email address we have on file for you. We will answer your request within a reasonable business period from receipt, provided that this request is complete and accurate. You may be required to provide additional information in order for us to process your request.
You may, on legitimate grounds, object to the processing of your personal information. Such objection may, however, prohibit us from providing the requested service.
Deleting Your Account
You can delete your account and information we keep about you (subject to certain legitimate business and legal exemptions) at any time by contacting us using the information under Contact Us, below or our Contact Page.
To properly delete your account, you must provide the name under which the account was opened as well as the email address you used to create the account (names are similar, so we must have your email address to permanently delete your account). In order to verify your identity, we may require email verification from the email address we have in our records for you.
If you are part of any loyalty program or have a credit balance on your account, and you request your account be deleted, you will lose all access to your balance and any loyalty benefits permanently, and they cannot be restored.
We retain your information for as long as it is necessary for legitimate business purposes. We consider your continuing to receive commercial emails from us to be an ongoing relationship with you that allows your account to remain active. We consider any loyalty credits or credit balances to represent an ongoing relationship with you that allows your account to remain active.
Contact Us
If you have any questions regarding this Privacy Policy or desire to exercise any of your rights described above, please contact us at: +1 646-832-4639 or email us at hello@zacposen.com.
Policy Changes
We reserve the right, at our sole discretion, to change, modify, add, or remove any portion of this Privacy Policy, in whole or in part, at any time. If our information practices change, we will post an updated policy on our Site. You can tell if the policy has changed by checking the effective date that appears at the top of this policy. We shall not apply changes in our policy retroactively to information collected from you under a prior policy if, in the reasonable exercise of our discretion, we determine that the changes substantively affect your rights, unless we have given you notice of the changes of the policy and an opportunity to opt out. We will provide this notice to you by email if we have a current email address for you and otherwise by posting notice of the change prominently on the home page of our Site. Otherwise, by using this Site you agree to be bound by any such revisions and should therefore periodically visit the page to determine the then current terms of use and privacy policy to which you are bound.
YOUR CALIFORNIA PRIVACY RIGHTS
If you are a resident of California, California Civil Code Section 1798.83 permits you to request once a calendar year information regarding the disclosure of your personal information by us to a third party for the third party’s direct marketing purposes. Please note that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response. This right granted to California residents applies only to their activities within the State of California. To make such a request, please contact us using the information under Contact Us, above.