ICING’S CALIFORNIA PRIVACY NOTICE

Effective Date: January 1, 2020

This California Privacy Notice (“Notice” ) applies to “Consumers” as defined by the California Consumer Privacy Act (“CCPA” ) as a supplement to Icing’S (“Company” “us” “we” our” ) other privacy policies or notices. In the event of a conflict between any other Icing policy, statement, or notice and this Notice, this Notice will prevail as to California Consumers and their rights under the CCPA.

In accordance with the CCPA’s requirements, this Notice covers the calendar year 2019 and describes our collection, use, disclosure, and sale of California Consumers’ “Personal Information” ( “PI” ), as well as rights California Consumers have under the CCPA. Terms defined in the CCPA that are used in this Notice have the same meanings as in the CCPA.

Consistent with the CCPA, job applicants, current and former employees and contractors, and subjects of certain business-to-business communications acting solely in their capacity as representatives of another business, are not considered “Consumers” for purposes of this California Privacy Notice or the rights described herein.

COLLECTION AND USE OF PERSONAL INFORMATION

We collect PI about California Consumers as described in the table below.

Category Examples of PI Collected Sources of PI Purposes for PI Collection Categories of Recipients
Identifiers Name, postal address, Internet Protocol address, email address Consumers and Service Providers To securely deliver, troubleshoot and improve services; to manage interactions and transactions; to detect security incidents and protect against fraud; for short-term transient use; to provide services; for research and development; for and quality control Service Providers, ad networks, analytics providers, operating systems and platforms, social networks
Customer Records Name, address, telephone number, email address, payment card details Consumers and Service Providers To provide you the ability to make purchases or otherwise provide our services and for marketing purposes Service Providers
Protected Characteristics Marital or familial status and military/ veteran status Consumers and Service Providers To verify identity and for marketing purposes Service Providers
Commercial Information / Purchase Details Purchase history or tendencies Consumers and Service Providers To improve services and marketing along with enhancing our customers’ experience Service Providers
Internet Usage Information Browsing history, search history, and information regarding interactions with our website or advertisements Consumers and Service Providers To securely deliver, troubleshoot and improve services; to detect fraud; and to provide relevant marketing Service Providers, ad networks, analytics providers, operating systems and platforms, social networks
Geolocation Data Precise physical location Consumers and Service Providers To facilitate locating a Icing store and to improve your customer experience Service Providers
Sensory Data Audio recordings of customer service calls, voicemails, and CCTV footage Consumers and Service Providers To research and resolve issues and improve our customers’ experience as well as for fraud prevention purposes Service Providers
Inferences from PI Collected Customer profiles reflecting preferences and predispositions Consumers and Service Providers To provide you more relevant offers and to improve your customer experience Service Providers

In addition, we may collect, use, and disclose your PI as required or permitted by applicable law. We do not treat deidentified data or aggregate consumer information as PI, and we reserve the right to convert, or permit others to convert, your PI into deidentified data or aggregate consumer information.

Subject to the CCPA’s restrictions and obligations, our affiliates, Service Providers, and vendors also may use your PI for some or all of the above-listed business purposes.

We may share your PI with our affiliates, Service Providers, vendors (including those that facilitate interest-based advertising and other advertising and marketing), and other parties as described in the table above.

We may collect, use and share your PI for commercial purposes such as for interest based advertising and sharing PI in a manner that is deemed a Sale under the CCPA. For more information on how to exercise your “Do Not Sell” rights, click here.

CALIFORNIA PRIVACY RIGHTS

Under the CCPA, California Consumers have certain rights which they may exercise independently or through an authorized agent. CCPA rights requests are subject to an identification and verification process. We will not fulfill a CCPA request unless we have been provided sufficient information for us to reasonably verify that the requestor is the Consumer about whom we collected PI.

Some PI we maintain about Consumers (e.g., clickstream data) is not sufficiently associated with enough PI about the Consumer for us to be able to verify that it is a particular Consumer’s PI. Accordingly, we will not include such information in response to Consumer requests. If we cannot comply with a request, we will explain the reasons in our response. You are not required to create an account with us to make a verifiable request, but you may use your account to do so. We will use PI provided in your request only to verify your identity or authority to make the request and to track and document request responses, unless you also provided the PI to us for another purpose.

Your California Consumer privacy rights are described below. To make a request, please email us at dataprotection@claires.com or call us at 1-800-CLAIRES. We will take appropriate steps to confirm the identity of a Consumer making a request for purposes of verifying the authenticity of the request. You may be required to provide certain PI to allow us to verify that you are the Consumer about whom the request is being made. If you request that we provide you with specific pieces of personal information about you, we will apply heightened verification standards. An authorized agent may submit a request on behalf of a Consumer if the Consumer has provided the authorized agent with power of attorney in accordance with California law; alternatively, the agent must (1) present verifiable written authorization from the Consumer that the agent has the Consumer’s permission to submit the request; and (2) independently verify the agent’s own identity with Icing.

Please follow the instructions on our website and promptly respond to any follow-up inquires so that we may confirm your identity.

We may collect, use, and disclose your PI as required or permitted by applicable law. Please note we are not obligated to comply with Consumer requests to the extent that doing so would infringe on our, or any other person’s or party’s, rights or conflict with applicable law.

Disclosure Rights

You have the right to request that we disclose your PI that we have collected and are maintaining for the 12-month period prior to your request date. Consumer requests of this nature may be made no more than two times in a 12-month period.

  • The categories of PI we have collected about you.
  • The categories of sources from which we collected your PI.
  • The business or commercial purposes for collecting or selling your PI.
  • The categories of third parties to whom we have shared your PI.
  • The specific pieces of PI we have collected about you.
  • A list of the categories of PI disclosed for a business purpose in the prior 12 months, or that no disclosure occurred.
  • A list of the categories of PI sold about you in the prior 12 months, or that no sale occurred. If we sold your PI, we will explain:
    • The categories of your PI we have sold.
    • The categories of third parties to which we sold PI, by categories of PI sold for each third party.

You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your PI that we have collected in the period that is 12 months prior to the request date and are maintaining. Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request.

“Do Not Sell” Rights

While there is not yet a consensus, and although we think otherwise, data practices of third party cookies and tracking technologies associated with our websites and mobile app may potentially be determined to constitute a “Sale” of your PI as defined by the CCPA. Currently, a “Do Not Sell” request to us will not affect these third party activities. However, you can exercise control over browser-based cookies by adjusting the settings on your browser, and mobile devices may offer ad limitation choices. In addition, third party tools may enable you to search for and opt-out of some of these trackers, such as the Ghostery browser plug-in available at https://www.ghostery.com/. Further, to learn more about your choices regarding certain kinds of online interest-based advertising click here, or visit this site for information on the DAA’s opt-out program for mobile apps. Some of these companies may also be members of the Network Advertising Initiative; to learn more about the NAI and your opt-out options for their members, click here. We do not represent that these third party tools, programs or statements are complete or accurate, clearing cookies or changing settings may affect your choices and you may have to opt-out separately via each browser and other device you use.

Some browsers have signals that may be characterized as do not track signals, but we do not understand them to operate in that manner or to indicate a do not sell expression by you so we currently do not recognize these as a do not sell request. We understand that various parties are developing do not sell signals and we may recognize certain such signals if we conclude such a program is appropriate.

However, you may alternatively exercise more limited control of your PI by instead exercising one of the following options: click unsubscribe at the bottom of our emails or reach out to dataprotection@claires.com.

Deletion Rights

Except to the extent we have a basis for retention under CCPA, you may request that we delete your PI that we have collected directly from you and are maintaining. Our retention rights include, without limitation, to complete transactions and service you have requested or that are reasonably anticipated, for security purposes, for legitimate internal business purposes, including maintaining business records, to comply with law, to exercise or defend legal claims, and to cooperate with law enforcement.

Non-Discrimination and Financial Incentive Programs

We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights. However, we may charge a different price or rate, or offer a different level or quality of goods or services, to the extent that doing so is reasonably related to the value of the applicable data. In addition, we may offer you financial incentives for the collection, sale, retention, and use of your PI as permitted by the CCPA; such offers may result in reasonably different prices, rates, or quality levels. We currently provide a one-time 20% off coupon if you sign up as a member of our VIP Crew. This 20% discount is reasonably related to the value of the information you provide to join our VIP Crew. If you would no longer like to be a member of the VIP Crew, please email us at dataprotection@claires.com or click unsubscribe at the bottom of your email.

Please note that participating in incentive programs is entirely optional; participants affirmatively opt into the program, and can opt out of the program (i.e., terminate participation and forgo the ongoing incentives) by following the instructions in the program’s description and terms. We may add or change incentive programs and/or their terms by posting a notice on the program descriptions and terms linked to above, so check them regularly.

California Shine the Light Notice

California's "Shine the Light" law permits California residents to request certain information regarding our disclosure of PI to third parties for their own direct marketing purposes.

Separate from your CCPA “Do Not Sell” rights you have the following additional rights regarding disclosure of your information to third parties for their own direct marketing purposes:

We do not share personal information with third parties for their direct marketing purposes. If you are a California resident, you may request information about our compliance with Shine the Light by contacting us at dataprotection@claires.com or by sending a letter to: 2400 West Central Road, Hoffman Estates, IL 60192 (Attention: Legal Counsel). Any such request must include "California Shine The Light Privacy Rights Request" in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this email address or mail address.

As these rights and your CCPA rights are not the same and exist under different laws, you must exercise your rights under each law separately.

CONTACT US

For more information regarding your California privacy rights, you may contact us at 1-800-CLAIRES or email us at dataprotection@claires.com. You may also write to us at:

Attention: Legal Counsel
2400 West Central Road
Hoffman Estates, IL 60192