Privacy Policy

Introduction

Welcome! You have arrived at a website provided by Fashion to Figure Ecomm LLC ("Company" or "we," "our" or "us"). This "Privacy Policy" governs the Company's Fashion to Figure (https://www.fashiontofigure.com), and any interactive features, applications, and or other services that posts a link to this Privacy Policy (each, a "Site"). This Privacy Policy also applies to Personal Information we may collect from you in our retail stores (each a "Store" or collectively, "Stores"), via phone calls with our Customer Service representatives, and Company sponsored events, including through official surveys and Promotion entry forms, or in any other instance when you contact us.

This Privacy Policy describes what information Company collects about you, why we collect it, how we use it, and under what circumstances we may share it with third parties. To the extent we provide you notice on our Site or in our Stores of different or additional privacy policies or practices (e.g., at the point of our collection) , those additional terms shall govern such data collection and use. If you voluntarily provide your information in the course of purchasing our products or otherwise using or interacting with our Site, we will take that as your agreement to our collection, use and disclosure of your information as set forth in this Privacy Policy.

In addition, please review the Site's Terms & Conditions, which governs your use of the Site. By using our Site, you consent to our Privacy Policy and agree to our Terms & Conditions.

What Information We Collect

1. (a) Information You Provide to Us
   
   

   We may ask you to provide us (i) your first and last name, email address, home or other mailing and billing addresses, telephone number, mobile number, credit and debit card numbers and date of birth or other information that could reasonably be used to identify you personally (hereinafter "Personal Information"); and / or (ii) demographic information, such as information like your gender and date of birth ("Demographic Information"). We may collect this information when you:

   • Make a purchase or place an order at our Store, through the Site or by phone;
   • Submit account registration forms or otherwise save your information with us on our Site;
   • Apply for a credit card;
   • Sign up or request to be placed on our mailing, SMS text and or email marketing lists;
   • Sign up for a loyalty program;
   • Participate in a survey or Promotion (defined below);
   • Contact us regarding a question or concern such as when you make inquiries concerning our merchandise or services;
   • Participate in any location services we offer (e.g., to provide you with information about new Store openings near you and inform you of new products and promotions that may be of interest to you based on your location);
   • Submit an application for employment; and or
   • Otherwise interact with Company, the Site or a Store.

   Your decision to provide us with information is voluntary, but if you choose not to provide any requested information you may not be able to take advantage of all of the Site's features, including purchasing products.

2. (b) General Browsing
   
   

   In addition to information that you choose to submit to us, we and or our service providers may automatically collect and or store certain information when you visit or interact with the Site ("Usage Information"). This Usage Information may be stored and or accessed from your personal computer, laptop, tablet, mobile phone or other device (a "Device") whenever you visit or interact with our Site. Usage Information may include:

   • your IP address, UDID or other unique identifier ("Device Identifier");
   • your Device functionality (including browser, operating system, hardware, mobile network information);
   • the areas within our Site that you visit and your activities there, including remembering you and your preferences;
   • your Device location;
   • your Device characteristics; and
   • certain other Device data, including the time of day you visit our Site.
3. (c) Use of Cookies and other Tracking Technologies
   
   

   We may use various methods and technologies to store or collect Usage Information ("Tracking Technologies"). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies used on the Site, include, without limitation, the following (and subsequent technology and methods later developed):

   • Cookies. A cookie is a file placed on a Device to uniquely identify your browser or to store information on your Device. Our Site may use HTTP cookies, HTML5 cookies, Flash cookies and other types of cookie technology to store information on local storage.
   
   
   • Web Beacons. A Web Beacon is a small tag (which may be invisible to you) that may be placed on our Site's pages and messages.
   
   
   • Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Site, such as the links you click on.
   
   
   • ETag, or entity tag. An Etag or entity tag is a feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL.
   
   
   • Browser Fingerprinting. Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification.
   
   
   • Recognition Technologies. Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices e.g., that a user of multiple devices is the same user .

   We may use Tracking Technologies for a variety of purposes, including:

   • To allow you to use and access the Site, including for the prevention of fraudulent activity and improved security functionality or to allow you to make use of shopping cart functionality;
   • To assess the performance of the Site, including as part of our analytic practices or otherwise to improve the content, products or services offered through the Site;
   • To offer you enhanced functionality when accessing the Site, including identifying you when you sign-in to our Site or keeping track of your specified preferences or to track your online activities over time and across third-party sites; and
   • To deliver content, including ads, relevant to your interests on our Site and third-party sites based on how you interact with our advertisements and/or content.
4. (d) Information We Collect When You Interact with Third-Party Sites
   
   

   The Site may include functionality that allows certain kinds of interactions between the Site and your account on a third-party website or application. The use of this functionality may involve the third-party site providing information to us. For example, we may provide links on the Site to facilitate sending a communication from the Site or we may use third parties to facilitate emails, Tweets or Facebook, Instagram, or Pinterest postings. These third parties may retain any information used or provided in any such communications or activities and these third parties’ practices are not subject to our Privacy Policy. Company may not control or have access to your communications through these third parties. Further, when you use third-party sites or services, you are using their services and not our services and they, not we, are responsible for their practices. You should review the applicable third-party privacy policies before using such third-party tools on our Site.

Why We Collect Information

We may use your Personal Information, Demographic Information or Usage Information for various purposes, including:

1. • Processing, tracking and completing purchase, return and similar transactions;
   • Sending you marketing information about Company and other third parties we work with, including through direct mail offerings;
   • Sending you email communications such as electronic newsletters about our products, services, events, loyalty programs and Promotions;
   • Enabling you to participate in the Site's features such as surveys and Promotions;
   • Improving the effectiveness of our Site, marketing endeavors and service offerings;
   • Offering you location-based services e.g., to provide you with information about new Store openings near you;
   • Processing account registration;
   • Providing customer service, including responding to your inquiries regarding our merchandise or services;
   • Notifying you of product recalls or providing other information concerning products you have purchased;
   • Identifying your product and service preferences, providing personalized content and ads and informing you of new or additional products, services and Promotions that may be of interest to you;
   • Helping us address problems with and improve our Site and our merchandise and services;
   • Providing mobile marketing messages and other communications and messages;
   • Protecting the security and integrity of the Site;
   • For internal business purposes; and
   • For purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.

When We Disclose Information

We may share non-Personal Information, such as aggregated user statistics and your Device Identifiers with third parties along with data related to you and your activities. Also, we may share your information, including your Personal Information, with third parties, such as companies with which we have marketing or other relationships, for the third parties' direct marketing purposes. If you are a California resident, you have the right to request additional information and so please see the Section entitled "Your California Privacy Rights" below about these rights. In addition, we may share the information we have collected about you, including Personal Information, as disclosed at the time you provide your information and as described in this Privacy Policy. Examples of when Company may share your information include as follows:

1. (a) Third Parties Providing Services to Company. We may use third-party service providers to perform certain services on behalf of us or the Site, such as: (i) to assist us in Site operations; (ii) to manage a database of customer information; (iii) hosting the Site; (iv) designing and or operating the Site's features; (v) tracking the Site's activities and analytics; (vi) enabling us to send you special offers or perform other administrative services; and (vii) other services designed to assist us in maximizing our business potential. We may provide these vendors with access to user information to carry out the services they are performing for you or for us.


2. (b) To Protect the Rights of Company and Others. To the fullest extent permitted by applicable law, we may also disclose your information if we believe in good faith that doing so is necessary or appropriate to: (i) protect or defend the rights, safety or property of Company or third parties (including through the enforcement of this Privacy Policy, our Terms & Conditions, and other applicable agreements and policies); or (ii) comply with legal and regulatory obligations (e.g., pursuant to law enforcement inquiries, subpoenas or court orders). To the fullest extent permitted by applicable law, we have complete discretion in electing to make or not make such disclosures, and to contest or not contest requests for such disclosures, all without notice to you.


3. (c) Affiliates and Business Transfer. We may share your information with our parent, subsidiaries and affiliates, which currently includes, but is not limited to, New York & Company, Lord & Taylor and Le Tote.. As part of this sharing of information with our parent, subsidiaries and affiliates, this means that once you provide us with information, any one of our related brands may use your information including for marketing purposes, pursuant to the terms of this Privacy Policy. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Site and or our Stores; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and or assets or other corporate change, including during the course of any due diligence process.


4. (d) Sweepstakes, Contests and Promotions. We may offer sweepstakes, contests, and other promotions (any, a "Promotion") through the Site, in the Stores or through one of our social media pages that may require registration. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion's official rules, such as on a winner's list.

Ads and Information About You

You may see certain ads on other websites because we participate in advertising networks administered by third parties. These networks track your online activities over time and across third party websites and online services by collecting information through automated means, including through the use of the Tracking Technologies described above, and they use this information to show you advertisements that are tailored to your individual interests. The information they collect includes information about your visits to our Site, such as the pages you have viewed. This collection and ad targeting takes place both on our Site and on third-party websites that participate in the ad network. This process also helps us track the effectiveness of our marketing efforts.

We may also use Tracking Technologies, such as our own cookies, to provide you with personalized online display advertising tailored to your interests. We and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as a DoubleClick cookie) together to report how your ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to our Site. To learn more about how to opt out of Google's use of the Google analytics cookies, visit, here. To learn more about how to opt out of DoubleClick's use of cookies, visit the DoubleClick opt-out page, here. If you would like more information about behavioral advertising practices, go to http://www.aboutads.info. To learn about your choices in connection with these practices on the particular device on which you are accessing this Privacy Policy, please visit http://www.networkadvertising.org/choices and http://www.aboutads.info/choices. You may also click on the informational icon contained within each interest based ad.

Your Choices about the Information We Collect

If you would prefer that we not share your name and mailing address with third parties (other than with our affiliates) to receive promotional offers, you have the option to opt out of such sharing. To do so, please call us at (800) 961-9906. Your choice will not affect our ability to share information in the other ways described in this Privacy Policy.

If you do not wish to receive e-mails about special offers, new fashion trends, contests and other promotions from us related to New York & Company, please click here to opt out, or if you do not wish to receive other marketing materials by regular mail from us, please call us at (800) 961-9906. If you wish to opt out of receiving marketing materials from New York & Company, Lord & Taylor or Le Tote, please follow the opt-out instructions specified in the applicable Site’s Privacy Policy.

Privacy of Children Who Visit the Site

Company recognizes the importance of children's safety and privacy. The Site is not designed to attract children, and is not intended for use by any children under the age of 13. We do not request, or knowingly collect, any personally identifiable information from children under the age of 13. Minors under the age of 18 (but older than 12) may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by the Site's Terms & Conditions.

Your California Privacy Rights

This section applies to you if you are a California resident we have collected personal information about from any source, including through your use of our Website(s), by buying our products or services, or by communicating with us electronically, via paper correspondence, or in person.

For purposes of this section, “personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California consumer/resident or household. Personal information does not include publicly available information or information that has been de-identified.

We partner with Rakuten Advertising, who may collect personal information when you interact with our site. The collection and use of this information is subject to the privacy policy located here: https://rakutenadvertising.com/legal-notices/services-privacy-policy/. If you wish to opt-out of Rakuten, you can click on the link here: https://rakutenadvertising.com/legal-notices/subject-requests/

For information about our privacy practices with regard to potential and current employees, please see our Employee Privacy Policy by clicking employee privacy policy

1. A. The Information We Collect
   
   We may collect the following categories of personal information about you:

   1. • Identifiers, which include your first and last name; email address; home or other mailing and billing addresses; telephone number; mobile number; customer profile account number; social security number; tax identification number; driver’s license number; or other information that could reasonably be used to identify you personally;
      • Commercial information, which includes products or services purchased, obtained, or considered; bank account information and other information relating to your financial institution; full and partial credit/debit card number, credit card expiration date; credit application, credit checks, and information from credit reporting agencies; and/or other purchasing or consumer histories or tendencies;
      • Biometric Information, which includes height; weight; and clothing size;
      • Information relating to Internet activity or other electronic network activity, which includes cookie identifiers; clear gifs (a.k.a. web beacons/web bugs); date/time stamp; device platform, device version, and/or other device characteristics/identifiers; browser type; operating system; internet service provider (ISP); referring/exit pages; and clickstream data;
      • Geolocation data, which includes locational information based upon your IP address, Global Positioning System (“GPS”) data, cell network data, and/or other similar locational data, and which may be collected from various devices including your mobile device(s) or vehicle(s); and bluetooth location;
      • Audio, electronic, or visual information, which includes records of calls to or from our customer service centers; and/or video surveillance information;
      • Professional or employment-related information, such as your current and previous employers; assets; income; and/or other information related to your work history or prospective employment;
      • Information not listed above and related to characteristics protected under California or federal law; which includes age; date of birth; gender; race and ethnicity; nationality; marital status; and military service/ veteran status, and
      • Other personal information not listed above and described in California Civil Code § 1798.80(e), which includes signature; physical characteristics or description; and/or bank account number, credit card number, and/or debit card number.

      To help you further understand what we do with the above categories of personal information, we have provided you with a matrix of detailing the sources, purposes, and any sharing related to each category. You may review the matrix by clicking RTW CCPA Matrix - Customer Data [ PDF ]

   B. What We Do With Your Information
   
   We may collect or use personal information from you for the following purposes:

   1. • Processing, tracking and completing purchase, return and similar transactions, including subscription rental services.
      • Sending you marketing information about the Company and other third parties we work with, including through direct mail offerings and mobile marketing messages.
      • Sending you email communications such as electronic newsletters about our products, services, surveys, events, loyalty programs and promotions.
      • Tailoring your customer experience through personalized content, including ads informing you of new or additional products, services, and promotions which may be of interest to you.
      • Improving the effectiveness, performance, security, and integrity of our websites to improve your experience and enhance our service offerings.
      • Offering you location-based services, e.g., to provide you with information about new Store openings near you or locations where orders can be picked up.
      • Processing account registration, including Runway Rewards credit card applications.
      • Providing customer service, including responding to your inquiries regarding our merchandise or services, as well as capture of information provided during your reviews of our product(s).
      • Notifying you of product recalls or providing other information concerning products you have purchased.
      • Identifying your product and service preferences, including product sizing.
      • Conducting our internal business operations, including logistics, order management, and financial reporting.
      • Enhancing fraud prevention and detection efforts.

   C. Sources We Collect Your Information From
   
   We may collect personal information from the following categories of sources:

   1. • Our customers, including private label (Runway Rewards) credit cardholders, including via our websites, mobile applications, telephone, text message, postal mail, social media, forums, message boards, chatbot, or other means.
      • Our different brands.
      • Our service providers, which includes customer relationship management providers, analytics providers, payment processing, website hosting providers, systems administrators, and communications delivery services.
      • Third parties, which include promotional and joint marketing partners, operators of other websites and mobile applications, advertising partners, and other data suppliers.
   D. Who We Share Information With
   
   

   We do not sell personal information, with the narrow exception of certain web tracking data, such as third party cookies, as disclosed in this Policy, or otherwise provide personal information to third parties, other than service providers receiving information to perform services for us on our behalf.

   We may share your personal information with the following categories of third parties:

   1. • Our brands
      • Our service providers
      • Our third party advertising partners

   In addition, while we generally do not sell your personal information, we do utilize information relating to your Internet activity, such as cookie identifiers, for purposes of our behavioral advertising.

   E. Your Privacy Rights

   
   If you are a California resident, you have rights under California law with respect to your personal information. To the extent your personal information is not subject to a federal law, a federal exemption, or another legally mandated exception, you have the right to:

   • Right to Know. You have the right to request a copy of your personal information that we collect, use, disclose, and/or sell, as applicable.
   
   
   • Right to Delete. You have the right to request the deletion of your personal information that is collected or maintained by us.
   
   
   • Right to Opt-Out of Sale. You have the right to opt-out of our sale of your personal information. You may access our Notice of Right to Opt-Out by clicking Submit A Privacy Request
   
   
   • Right to Non-Discrimination. You have the right not to receive discriminatory treatment by us for the exercise of the privacy rights described above.

   You may also authorize someone to exercise the above rights on your behalf. As described in our “How to Exercise Your Privacy Rights” section of this policy, please have the authorized individual exercising privacy rights on your behalf submit a request by clicking the following link: Submit A Privacy Request. As the authorized person, when submitting the request, provide either your email address or the email address of the person for whom you are requesting information.

   If we have collected information on your minor child, you may exercise the above rights on behalf of your minor child.

   In order to exercise the above rights, we must be reasonably able to verify your identity and authority to make these requests. To verify your request(s), we require the following pieces of information for submission: your first name, last name, phone number, mailing address or address of residence, and email address (if applicable). Information you provide is compared to our internal customer database. This process assists the Company in verifying your identity and protecting your information.

   F. How To Exercise Your Privacy Rights
   
   If you are a California resident and wish to exercise these rights, please reach us in one of the following ways:
   
   • Use our interactive web form at: Submit A Privacy Request
   
   

   For more information regarding this California Privacy Rights Policy, or if you have any questions or concerns, you may contact us in the following ways:

   • Email us at: privacy@retailwinds.com
   
   
   • Write us at:
     
     Fashion to Figure Ecomm LLC
     275 Madison Avenue, 3rd Floor
     New York, NY 10016
     Attn: Legal Department
     

   Please see the section of this Privacy Policy titled “Your Choices about the Information We Collect” for information on how to opt out of sharing your personal information with third parties for their direct marketing.

   G. Notice of Right to Opt-Out
   
   

   You have the right to direct our Company not to sell your personal information and to refrain from doing so in the future. While we generally do not sell your personal information, we do utilize information relating to your Internet activity, such as cookie identifiers, for purposes of our behavioral advertising. If you wish to opt-out of such utilization of this information, please do so in one of the following ways:

   • Use our interactive web form at: Submit A Privacy Request
   
   

   Please consult the other sections of our Privacy Policy for further information on our practices regarding your personal information.

   H. Notice of Financial Incentives
   
   We may offer the following financial incentives and/or price or service differences in exchange for the use of your personal information:
   

   • Email and loyalty program subscriptions. We offer exclusive savings, such as $25 off purchases of $75 or more, when you subscribe to our email or loyalty program. Customers must provide their contact information in order to enroll, including at a minimum your email address. In addition, you may provide your address when completing a customer profile for more personalized offers. The estimated value of the personal information that you provide as part of these promotions is based upon the approximate additional spending per customer, per year, from customers subscribed to our e-mail or loyalty program as compared to non-participating customers.
     
     To sign up for our e-mail subscription program, click here

   You have the right to withdraw from the above promotions at any time by selecting the unsubscribe links provided in our emails, visiting our preference center by clicking here.

   I. Additional California Privacy Rights Information - Shine The Light Law
   
   Company collects various types of personal information about you during the course of your relationship with Company as a customer. Under California law, if you are a resident of California, you may make a written request to Company about how we have shared your information with third parties for their direct marketing purposes. If this law applies to you, you may obtain the categories of personal information shared by us and the names and addresses of all third parties that received personal information for their direct marketing purposes from us during the immediately prior calendar year (e.g., requests made in 2020 will receive information about 2019 sharing activities).
   
   To make such a request (limit one request per year), please send an email to: carequest@happyxnature.com, with "California Privacy Rights" as the subject line or mail us a letter to: Fashion to Figure Ecomm LLC, 275 Madison Avenue, 3rd Floor, New York, NY 10016, Attn: Customer Service. You must include your full name, email address, and a valid California postal address in your request.
   
   Email Address: carequest@happyxnature.com
   
   Postal Address:
   Fashion to Figure Ecomm LLC
   275 Madison Avenue, 3rd Floor
   New York, NY 10016
   Attn: Customer Service
   
   Please see the section of this Privacy Policy titled "Your choices about the Information We Collect" for information on how to opt out of sharing your personal information with third parties for their direct marketing.

California / Delaware Do Not Track Disclosures

Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer's online activities over time and across third-party websites or online services (e.g., browser do not track signals). Currently, we do not monitor or take any action with respect to these signals or other mechanisms.

Visitors to the Site Outside of the United States

If you are visiting the Site from a location outside of the U.S., your connection will be through and to servers located in the U.S. All information you receive from the Site will be created on servers located in the U.S., and all information you provide will be maintained on web servers and systems located within the U.S. The data protection laws in the United States may differ from those of the country in which you are located, and your information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Site or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information in the United States and in other countries, as set forth in this Privacy Policy.

Updating Personal Information

We prefer to keep your Personal Information accurate and up-to-date. If you would like to change your contact information, please go to My Account, and log in with your email address and password.

If so, we will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable (but we may retain prior information as business records). Please note that it is not always possible to completely remove or delete all of your information from our databases and that residual data may remain on backup media or for other reasons.

Links

For your convenience, the Site may contain links to other websites. Company is not responsible for the privacy practices, advertising, products, or the content of such other websites. None of the links should be deemed to imply that Company endorses or has any affiliation with the links.

Security

We incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed 100% secure. As a result, we cannot guarantee or warrant the security of any information you transmit to or from our Site, and you provide us with your information at your own risk.

Changes in Privacy Policy

We may elect to change or amend our Privacy Policy; in such event, we will post the policy changes in our Privacy Policy on the Site. If you are concerned about how your personal information is used, please visit our Site often for this and other important announcements and updates.