GUESS Privacy Policy

Last Updated: This Privacy Policy was last revised on June 20, 2023.

Welcome! GUESS?, Inc. (“GUESS” or “we,” “our” or “us”) is committed to respecting your privacy and protecting your personal information, whether you are a customer, potential customer, or other user of our web services (collectively, “you”). This “Privacy Policy” describes our information collection, use, and sharing practices regarding information GUESS collects from visitors to our websites, including GUESSFACTORY.com, and all related websites, mobile apps, and web-based services (each, a “Site” and collectively our “Sites”). This Privacy Policy also applies to personal information we may collect from you in our retail stores (“Store” or “Stores”) or GUESS-sponsored events in the United States and Canada, and through other channels associated with the Sites or Stores that are operated by us or on our behalf., such as though official surveys and sweepstakes entry forms, when you connect with us via telephone, our official social media pages or similar networks, at events or in any other instance when you contact us (collectively, “Other Channels”).

This Privacy Policy describes what information GUESS collects about you, why we collect it, how we use it, the purpose(s) for sharing and recipients of personal information, and your rights and choices about how we use your information. To the extent we provide you notice on our Sites or in our Stores (e.g., at the point of collection) of different or additional privacy policies or practices, those additional terms shall govern such data collection and use.

This Privacy Policy does not apply to third-party websites, products or services, even if they may link to our Sites or our Sites may link to them. We recommend you review the privacy practices of those third parties before connecting accessing third party websites and sharing any personal information.

We also encourage you to review our Terms and Conditions to understand how your personal information will be treated as you make full use of our Sites. Unless otherwise defined in this Privacy Policy, capitalized terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

This Privacy Policy is provided in a layered format. You can jump to a specific section by clicking on that section below.

  1. Collection of Personal Information

    1. Information You Provide to Us

      We may collect the following information about you that you choose to provide to us:

      • Account information. When you sign up for an account, you may be asked to provide contact information and other information about you, including your first and last name, email address, home address, phone number, date of birth, and gender.
      • Email newsletter and contact information. When you sign up for our email newsletter, you must provide your email address. If you wish to contact us via one of our web contact forms, you will be asked to provide your name, email address, and any other personal information you decide to include in the submission form.
      • Promotions. Certain promotions, sweepstakes, and surveys for GUESS may require you, or otherwise provide the option, to provide us with your email address, telephone number, demographic information, and other information about you.
      • Payment Information. If you purchase products from us, you may be required to provide your credit or debit card numbers, as well as your shipping and billing addresses.
      • User information and content. The Sites may permit you to submit ideas, photographs, videos, audio recordings, questions, comments, suggestions or other content, including on blogs and message boards, product reviews, social media, and other public forums. We may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities. For full terms and conditions regarding User Content you submit, please review our Terms & Conditions. By connecting with the GUESS brands through our social media pages or accounts, or by posting content using GUESS-created hashtags or other identifiers, you are providing your consent for GUESS to use any personal information or other content you submit or make available through such sites for marketing and promotional purposes, including, but not limited to, incorporation into our marketing materials, without further notice or compensation.
      • Communications preferences. We may give you the opportunity to express your preferences for receiving future communications from us, which will be linked to your email address and/or account information.

      Your decision to provide this information is voluntary, but if you choose not to provide this requested information you may not be able to take advantage of all of the Site's features or GUESS' services.

    2. Information We Automatically Collect

      Our Sites use cookies and other tracking technologies like web beacons, embedded scripts, and tags, which collect information from you automatically as you use our Sites, including:

      • Browser and device data, such as your IP address, device identifier, device type, operating system and Internet browser type, mobile network information,
      • Usage data, such as geolocation data, browsing history, the areas within our Sites that you visit and your activities there, language preferences, and certain other device data, including the time of day you visit our Site, among other information.

      We, together with our third-party partners, utilize tracking technologies to collect and record your activities and movements across the Sites throughout your browsing session and across different time sessions, including to track button clicks such as interactions with pop-in campaigns, mouse movements, scrolling, resizing, touches, keystrokes, data entered, device information and orientation, browser visual elements, and screen size (“Session Data”), for purposes of our own internal analytics and improving the Sites. Such tracking may include recorded sessions, which we may play back for these purposes. We may share Session Data with our third-party analytics or service providers, which may change from time-to- time, for these purposes, who will use the Session Data solely on our behalf and for our benefit. Please review how you consent to the collection, use, and sharing of Session Data within our Terms and Conditions.

    3. Location-Based Information

      Our Sites and Stores may use location-based services to verify your location, deliver you relevant content and/or advertising based on your location, as well as to share your location with our service providers as part of the location-based services we offer. You have the ability to turn location-based services on and off by adjusting the settings of your Internet browser or mobile device or by following the standard uninstall process and removing all GUESS applications from your mobile device.

    4. Information We Collect From Third Parties

      We may also receive information about you from your friends and other third parties that use the Site, and combine or link that information with information we have about you. Additionally, we may, from time to time, supplement the information we collect directly from you on our Site with outside records from third parties for various purposes, including to enhance our ability to serve you, to tailor our content to you and to offer you opportunities that may be of interest to you. To the extent we combine information we receive from third parties with your personal information, the combined information, unless disclosed otherwise, will be treated as personal information under this Privacy Policy.

    5. Information We Collect When You Interact with Third-Party Sites

      Our Sites may include functionality that allows certain kinds of interactions between the Site and your account on a third-party web site or application. These functionalities may involve the third-party site providing information, including personal information, to us. For example, we may use third parties to facilitate emails or social media 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. GUESS 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.

    6. Information You Provide About a Third Party

      You may send someone else a communication from the Sites, such as sending an invitation to a friend. If so, you may provide us with your friend’s name, email address, mobile number, and other information. This information will be used to facilitate the communication and will not be used for marketing purposes unless we obtain consent from that person or we explicitly say otherwise. Please be aware that when you use any send-to-a-friend functionality on our Site, your email address, mobile number, name or username and message may be included in the communication sent to your addressee(s). Some of these tools may be third-party tools subject to third-party privacy policies.

    7. Aggregated, Anonymized, and Deidentified Information

      We may share non-personal information, such as aggregated user statistics, with third parties. Our use of aggregated, anonymized, and de-identified data is not subject to this Privacy Policy.

  2. Use of Personal Information

    1. Our Products and Services

      We may use the personal information we collect to provide the products and services that GUESS offers to its customers, as well as to provide, maintain, and improve our Sites and the services that GUESS offers through them (together, our “Products and Services”). This includes, but is not limited to, the following:

      • Providing you with Products and Services;
      • Providing customer service and support, including processing and completing purchases, return, and similar transactions;
      • Processing Site registration and loyalty program applications, including through th GUESS 81 application;
      • Maintaining and improving the effectiveness of our Sites, marketing endeavors and service offerings;
      • Notifying you of product recalls or providing other information concerning products you have purchased;
      • Providing you with information about new Products and Services and other opportunities that we believe may be of interest to you, including by sending you marketing information about GUESS 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;
      • For internal business purposes;
      • Evaluating or conducting a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about the users of our Sites or Products and Services is among the assets transferred; and
      • Complying with our legal obligations, responding to subpoenas, court orders, or legal process; and to establish or exercise our legal rights or defenses against legal claims.
    2. Digital Marketing Communications

      We may send you promotional email communications about GUESS, invite you to participate in events or promotions, send you push notifications via our mobile apps, or otherwise communicate with you for marketing purposes, consistent with your preferences and applicable law. For example, when you provide your email address to join our email newsletter, or when we otherwise collect your contact information through your interaction with our Sites, we may use that information to follow up with you regarding an event or send you information that you have requested about GUESS or our third-party partners. You may opt out of receiving any, or all, of these marketing communications from us via the unsubscribe link provided in such emails or by following further instructions provided in Your Rights and Choices.

    3. Surveys and Sweepstakes

      We may offer sweepstakes, contests, and other promotions (any, a "Promotion") through the Sites, in the Stores or through one of our social media pages that may require registration. Participation in these surveys or sweepstakes is completely voluntary, and you have a choice whether or not to disclose your information. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice, and likeness in advertising associated with the Promotion. 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. Survey information will be used for purpose of the survey, including for the monitoring or improvement of the use and satisfaction of the Sites.

  3. Sharing of Personal Information

    1. Among Our Brands and Affiliates

      We may share personal information among our various brands and affiliates to provide our Sites, Products and Services, and for other internal administrative purposes.

    2. Our Service Providers

      We may share personal information with our service providers to perform certain services on our behalf, such as e-commerce operations, managing customer information, hosting the Sites and/or operating the Sites’ features, and other services designed to assist us in maximizing our business potential.

    3. Other Business Partners

      We may share your personal information with third parties, such as our licensees, distributors, partners and others with whom we have marketing or other relationships, for the third parties' direct marketing purposes.

    4. Third-Party Platform Advertising

      We may share your information with third-party platform providers who assist us in serving advertising regarding the Sites and Products and Services to others who may be interested. We also partner with third parties (such as Facebook and Google) who use Cookies to serve interest-based advertising and content on their respective third-party platforms that may be based on your preferences, location and/or interests.

    5. Affiliate and Business Transfer

      We may share your information with our parent, subsidiaries and affiliates. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Sites 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.

    6. Compliance and Harm Prevention

      We may share personal information 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 GUESS 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.

    7. When You Request We Share With Third Parties

      You may be presented with an option to receive certain information and/or marketing offers directly from third parties or to have us send certain information to third parties or give them access to it. If you choose to do so, your information may be disclosed to such third parties and all information you disclose will be subject to the third-party privacy policies and practices of such third parties. In addition, third parties may store, collect or otherwise have access to your information when you interact with their content on our Sites. This may include using third-party tools such as Facebook, Twitter, Pinterest or other third-party posting or content sharing tools and by so interacting you consent to such third-party practices. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review such third-party privacy policies and practices of such third parties prior to requesting information from or otherwise interacting with them.

    8. Co-Branded Areas

      Certain areas of the Sites may be provided to you in association with third parties ("Co-Branded Areas") such as co-promotional partners and may require you to disclose personal information to them. Such Co-Branded Areas will identify the third-party and indicate if they have a privacy policy that applies to their collection and use of your information. If you elect to register for products and/or services, communicate with such third parties or download their content or applications, you may be providing your information to both us and the third-party. Further, if you sign-in to a Co-Branded Area with a username and password obtained on the Sites, your personal information may be disclosed to the identified third parties for that Co-Branded Area. We are not responsible for such third-party's data collection or practices and you should look to such third-party privacy policies for more information.

  4. Your U.S. and Canadian Privacy Rights

    If you are a resident of the U.S. or Canada and any of the notices below apply to you, please use the following information to exercise your rights. Please note that any request you submit to us is subject to an identification and residency verification process as permitted under applicable state privacy laws, as well as certain other procedural requirements that may be noted in the sections below. Additionally, all requests are subject to certain exceptions under applicable state privacy laws, which may vary from state to state.

    Except where otherwise noted, we will respond to your request within forty-five (45) days after receipt and we reserve the right to extend the response time by an additional forty-five (45) days when reasonably necessary and provided consumer notification of the extension is made within the first forty-five (45) days.

    As described below, in some states an authorized agent may submit a request to exercise your rights on your behalf.

    How to submit a request. If you are a U.S. resident and wish to exercise any of the rights described in this section by emailing us at [email protected] or calling us at 1-877-44-GUESS. If you are a visually-impaired customer, a customer who has another disability or a customer who seek support in other language, you may access your state-specific privacy rights by emailing us at [email protected]. If you are a resident of Canada, you may contact our Privacy Officer at [email protected] or by mail using the information in Section 16.

    We do not charge a fee to process or respond to your verifiable consumer request unless its excessive, repetitive, manifestly unfounded, or in accordance with state-specific requirements. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

    You may only make a verifiable or authenticated consumer request twice within a twelve (12) month period. If we have collected information on your minor child, you may exercise the above rights on behalf of your minor child. Additionally, under some state privacy laws, you may designate an authorized agent to submit a request on your behalf. The request must include:

    • Sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
    • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

    We cannot respond to your request or provide you with personal information if we cannot verify or authenticate your identity or authority to make the request and confirm the personal information relates to you.

    Making a verifiable or authenticated consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account. We will only use personal information provided in a verifiable or authenticated consumer request to verify the requestor’s identity or authority to make the request.

    If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

    Data Retention. We will not retain any information we collect form you for longer than is reasonably necessary for the disclosed purpose of using such information. Our determination of precise retention periods will be based on (i) the length of time we have an ongoing relationship with you; (ii) whether there is a legal obligation to which we are subject; and (iii) whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

    You may have rights and choices regarding our use and disclosure of your personal information. Unless otherwise instructed, you can exercise these rights and choices using the information in the Contact Us section at the end of this Policy.

    • Opt out of receiving electronic communications from us. If you no longer wish to receive promotional email communications from us, you may opt out via the unsubscribe link included in such emails or by submitting a request using the information in the Contact Us section. We will comply with your request as soon as reasonably practicable. Please note that if you opt out of receiving promotional emails from us, we may still send you important administrative messages that are required in order to provide you with our Products and Services or for other reasons disclosed in this Policy.
    • View or change your account personal information. You may be provided with the opportunity to review, correct, update, or delete certain of your personal information by utilizing the available options in your online account with us contact us using the information in the Contact Us section.
    • Specific privacy rights based on your residence. . If you are a resident of California, Virginia, Colorado, Connecticut, or Canada, there are additional disclosures, rights, and procedures that apply to you or from which you may benefit, in addition to those described in the general Privacy Policy. Please see Sections 10 through 14 below for more information.
    • Your Nevada Privacy Rights. Nevada residents have the right to request to opt out of any “sale” of their personal information. GUESS does not sell your personal information as defined under Nevada law. However, you may nonetheless request to opt out of the future sale of your personal information. If you are a Nevada resident and would like to make such a request, please contact us using the information in the Contact Us section at the end of this Policy, and provide “Nevada Privacy Rights” in the subject line. You must include your full name, email address and postal address in your request so that we can verify your Nevada residence and respond. In the event we sell your personal information after the receipt of your request, we will make reasonable efforts to comply with such request.
  5. Data Security

    The security of your personal information is important to us, but remember that no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed 100% secure. We incorporate commercially reasonable administrative, technical, and physical safeguards appropriate to the risks and information sensitivity to help protect and secure your personal information. As a result, we cannot guarantee or warrant the security of any information you transmit to or from our Sites, and you provide us with your information at your own risk.

  6. Cookie Policy

    A Cookie is a file placed on a device to uniquely identify your browser or to store information on your device. Our Sites may use HTTP cookies, HTML5 cookies, Flash cookies, and other types of cookie technology to store information on local storage. When you visit our Sites, we may collect information from you automatically through Cookies. We also rely on partners to provide many features of our Sites using data about your use of the Sites. We use Cookies for the following purposes:

    • Necessity. To enable features that are necessary for providing you the services on our Sites, such as keeping you signed in, improving security, and preventing and detecting fraud.
    • Preference. To allow us to remember your preferences and identify you when you return to our Sites.
    • Analytics. To allow us to understand how our Sites are being used, track site performance and content views, and make improvements to the content, products or services.
    • Advertising. To deliver targeted advertising based on your preferences, location, and/or interests across different services and devices and measuring effectiveness of ads.
    • Social Media. To enable the sharing of content from our Sites through social networking and other sites.

    You can modify your browser settings to decline or accept Cookies. Each browser you use will need to be set separately and different browsers offer different functionality and options. Please note that these tools may not be effective with regard to Flash cookies or HTML5 cookies. For information on disabling Flash cookies, visit adobe.com. Please understand that if you disable or remove any type of cookie, some parts of our Sites may not function properly.

    Advertising Networks.

    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 technologies described in the "Information We Collect When You Use the Site Section 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 Sites, such as the pages you have viewed. This collection and ad targeting takes place both on our Sites and on third-party websites that participate in the ad network. This process also helps us track the effectiveness of our marketing efforts. We and our service providers use first-party cookies and third-party cookies together to report how our internet advertising methods are related to your visits to the Sites.

    To learn more about ad networks, including how to opt-out, please click here.

    The list above may be modified from time to time and may not reflect all of our third-party service providers.

    Also, some third parties, such as companies that offer Internet browsers, have developed signals (e.g., browser do not track signals) that give you a choice regarding the collection of information about your online activities over time and across third-party websites or online services. Currently, unless stated otherwise elsewhere in this Privacy Policy, we do not monitor or take any action with respect to these signals or other mechanisms offered by Internet browsers. If you would like more information on self-regulatory programs that permit you to exercise choice, click on the ad networks link above.

  7. Third-Party Content and Links to Third-Party Sites

    The Sites may contain content that is supplied by a third-party, and those third parties may collect Usage data and your Device Identifier when pages from the Sites are served to you. In addition, when you are on the Sites, you may be directed to other services that are operated and controlled by third parties. We are not responsible for the data collection and privacy practices employed by any of these third parties. For example, if you "click" on a link, the “click” may take you off the Sites onto a different, third party site. These other sites may independently collect data about you and may or may not have their own published privacy policies.

    We may provide third parties with access to your information to carry out the services they are performing for us. Third-party analytics and other service providers such as Google Analytics and Adobe (Omniture) may set and access their own technologies on your Device and they may otherwise collect or have access to information about you. These service providers use the technology described above to help us analyze how users use the Sites. We are not responsible for those third-party technologies or activities arising out of them. However, some third parties may offer you certain choices regarding their practices. For example, to learn about opting out of Google Analytics, please click here. To learn about opting out of the use of Adobe cookies for analytics and on-site personalization, please click click here. We are not responsible for the effectiveness of or compliance with any third parties' opt-out options.

  8. Children’s Privacy

    We understand the importance of protecting children’s privacy in the interactive world. We do not use the Sites to knowingly collect personal information from children under the age of 13. Children under 13 years of age are not permitted to use the Sites.

    In the event that we become aware that we have collected personal information from any child, we will dispose of that information in accordance with the Children’s Online Privacy Protection Act. If you are a parent or guardian and you believe that your child under the age of 13 has provided us with information without your consent, please contact us by email at the address set forth the Contact Us section below, and we will take reasonable steps to ensure that such information is deleted from our databases.

  9. International Data Transfers

    Our Sites are operated in the United States and not intended for visitors outside of North America. If you are located outside of the United States, please be aware that information we collect, including personal information, will be transferred to, and processed, stored and used in the United States. Additionally, information, including personal information, may be transferred by us outside of the United States. 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 and may be subject to access requests from governments, courts, or law enforcement in the other countries according to laws of these countries. By using the Sites 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.

  10. California Privacy Notice

    This Section of the Privacy Policy applies to any California residents about whom we collect personal information. The provisions contained within this section are intended to provide notice in compliance with the California Consumer Privacy Act of 2018 (“CCPA”). Any capitalized term used and not otherwise defined below has the meaning assigned to it in our Privacy Policy.

    The CCPA provides California residents with rights to receive certain disclosures regarding the collection, use, and sharing of personal information, as well as rights to access, delete, and restrict the sale of certain personal information we collect about them. California residents also have the right not to receive discriminatory treatment by us for the exercise of your privacy rights under the CCPA.

    If you are a California resident, you may submit a request to exercise these rights by completing our online webform or by emailing us using the information provided in the Your Privacy Rights section below. If you are a visually-impaired customer, a customer who has another disability or a customer who seek support in other language, you may access this California Privacy Notice by emailing us at [email protected].

    1. Personal Information We Collect

      For the purposes of this California Privacy Notice, except where a different definition is noted, “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 resident or household. Personal information does not include publicly available information, information that has been de-identified or aggregated, or other information covered by certain sector-specific privacy laws.

      GUESS collects personal information provided by consumers through the Sites as detailed in Section I. Over the last twelve (12) months, we have collected the following categories of personal information from California residents:

      • Identifiers, ,including your first and last name; mailing address; email address; phone number; online identifiers as detailed below including IP address or device IDs; and/or other similar identifiers.
      • Personal information described in subdivision (e) of Section 1798.80, including your credit or debit card number and related payment card information; bank account and routing number; and/or other financial information.
      • Commercial information, which includes our Products and Services that you have purchased, obtained, or considered; and/or other purchasing or consumer histories, tendencies, and preferences.
      • Information relating to Internet activity or other electronic network activity, which includes the information disclosed in Section 1(B) of our Privacy Policy.
      • Geolocation data, which includes Global Positioning System (“GPS”) data based on your IP address.
      • Audio, electronic, visual, or similar information, which may include photographs, videos, or audio recordings, as well as any other related User Content, that you choose to submit to us.
      • Information not listed above and related to characteristics protected under California or federal law, which may include age and/or date of birth; gender or gender identity; race or ethnicity; religion; sexual orientation; marital status; national origin; and/or disabilities.
      • Inferences, based on the above information.

      Sensitive personal information. Certain types of personal information that we collect, as described above, may constitute “sensitive personal information” under California law, including:

      • Precise geolocation data
      • Account log-in in combination with required credentials
    2. What We Do with Your Personal Information

      GUESS may collect, use, or disclose personal information about you for the purposes detailed in Section 2 of this Privacy Policy.

    3. Sources of Collected Personal Information

      We may collect personal information from the following categories of sources:

      • From you, including via our Sites, in person at our Stores, telephone, postal mail, and/or social media
      • From our brands and affiliates,
      • Through our service providers, such as non-affiliated companies who help us provide Services to you
      • From our business partners and others,u including those that may promote and/or offer products and services that may be of interest to you

      We may supplement the information described above with information we obtain from other sources, including from both online and offline data providers.

    4. Who We Share Personal Information With

      We limit our disclosure of the categories of personal information above to our service providers for one or more business purposes.

      We share a limited set of data that is gathered when you visit our Sites, such as cookies and pixels, with third parties in order to allow you to see tailored digital advertisements, which may be considered a “data sale” under California law. We have provided you with opt-out rights as to that activity as described in subsections (E) and (F) below.

    5. Your Privacy Rights

      If you are a California resident, you have the following rights under applicable California law in relation to your personal information, subject to certain exceptions:

      • Right to Know. You have the right to, up to twice in a 12-month period, request what personal information we collect, use, disclose, and/or sell, as applicable, including the categories of personal information, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of third parties to whom the business discloses personal information, and the specific pieces of personal information the business has collected about the consumer, and to obtain a portable copy of your personal information.
      • Right to Delete. You have the right to request under certain circumstances the deletion of your personal information that is collected by us.
      • Right to Opt-Out of Sale. You have the right to opt-out of the sale of your personal information by a business. We have provided instructions on how you can opt-out in subsection (G) below.
      • Right to Correct. You have the right to request the correction of your inaccurate personal information.
      • Right to Limit Use and Disclosure. You have the right to limit the use or disclosure of your sensitive personal information to only the uses necessary for us to provide our Products and Services to you, or for certain other authorized purposes.
      • Right to Non-Discrimination. You have the right not to receive discriminatory treatment for the exercise of the privacy rights described above.

      How to submit a request. If you are a California resident and wish to exercise these rights, please refer to the information under Section 4.

      Any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”) as permitted by the CCPA. We will not fulfill your request unless you have provided sufficient information that enables us to reasonably verify that you are the consumer about whom we collected the personal information on. If you are an account holder with us, we will ask you to verify your identity by providing: (i) your billing zip code; (ii) your last transaction amount; or (iii) your loyalty number . If we suspect fraudulent or malicious activity on the password-protected account, we will not comply with the request to know or the request to delete personal information until further verification procedures have been satisfied. These rights are also subject to various exclusions and exceptions under applicable laws.

      If we are unable to verify your identity to a degree of certainty as required by the CCPA through any reasonable method, we will state that we are unable to verify in a written response to you along with a reason as to why there is no reasonable method by which we can verify your identity. We will evaluate our methods for verifying the identity of all consumers who request to know or delete personal information on a yearly basis.

      Authorized Agents. As a California resident, you may designate an authorized agent to act on your behalf to make a request under the CCPA, such as requesting disclosure of any personal information we have sold or collected; or requesting deletion of such personal information. If you should use an authorized agent to exercise your various rights under the CCPA, we may require that you provide your authorized agent with written permission to exercise your various rights and to verify your own identity with us. If your authorized agent does not submit proof that they have been authorized by you to submit verified requests for disclosure and deletion, we reserve the right to deny such a request that we have received and will explain to your authorized agent why we have denied such request. The authorized agent may submit a request to exercise these rights by emailing the letter of authorization or power of attorney to [email protected].

      If all the consumers of a household jointly request access to specific pieces of information for the consumers of the household or deletion of the household’s personal information, we will comply with the request if we can verify the identity of all members of the household pursuant to our procedures for identity verification mentioned above.

      We will respond to your request within forty-five (45) days after receipt of a Verifiable Consumer Request for a period covering twelve (12) months and for no more than twice in a twelve-month period. We reserve the right to extend the response time by an additional forty-five (45) days when reasonably necessary and provided consumer notification of the extension is made within the first forty-five (45) days.

    6. Direct marketing by third parties.

      California residents have certain rights with respect to our sharing of their personal information with third parties for their own direct marketing purposes. California residents have the right to request information regarding such practices under California’s “Shine the Light” Law, please contact us using the information in the Contact Us section. You must include your full name, email address and postal address in your email or mail request so that we can verify your California residence and respond. “Personal information” under this California law means any information that identified, described, or was able to be associated with an individual at the time of disclosure.

    7. Notice of the Right to Opt-Out

      We “sell”/”share” personal information, as those terms are defined under California law, to the extent we disclose personal information to third parties for purposes of cross-context behavioral advertising, as defined under California law. We may also sell”/”share” personal information, including your first and last name, email address, mailing address, phone number, date of birth, and geolocation, with third parties, such as our licensees, distributors, partners and others with whom we have marketing or other relationships, for the third parties' direct marketing purposes.

      To opt out of our “sale”/”sharing” of personal information, please email us at [email protected].

    8. Notice of Financial Incentives

      We may offer discounts on Products and Services when you participate in or engage with the following programs and promotions:

      • GUESS List Rewards Program. Our GUESS List Rewards Program allows you to accumulate points in order to receive discounts and other offers, including through use of the GUESS 81 app. In order to register, you will be asked to provide your first and last name, email address, month and day of birth (optional), and gender (optional). We will also collect various commercial and behavioral information that may be associated with your use of your GUESS List Rewards Program account. Availability of certain incentives may depend on your Tier level, which includes The List, Noir List, and Elite List. Please review our Terms and Conditions for more information about this program, including how to cancel your membership.
      • In-Store WiFi. When you use our free WiFi in our Stores, we collect personal information from you at registration, including your first and last name, email address, phone number, date of birth (voluntary), gender (voluntary), and mailing address (voluntary).

      We calculate the value we place on the personal information that you provide as part of these promotions based upon the approximate additional revenue generated by promotion participants as compared to non-participating customers.

      Your participation in these programs is strictly voluntary, and you may withdraw your consent to participate at any time by reviewing our Terms and Conditions or emailing us at [email protected].

  11. Virginia Privacy Notice

    This Section of the Privacy Policy applies to any Virginia residents about whom we collect personal data. The provisions contained within this section are intended to provide notice in compliance with the Virginia Consumer Data Protection Act (“VCDPA”). Any capitalized term used and not otherwise defined below has the meaning assigned to it in this Privacy Policy.

    The VCDPA provides Virginia residents with rights to receive certain disclosures and access regarding collection, use, sale, and sharing of personal data, as well as rights to delete, correct, and affirmatively consent to the use, disclosure, and sale of certain personal data we collect about them. Additionally, have the right to opt-out of targeted advertising, sale of their personal data, and profiling. Virginia residents also have the right not to receive discriminatory treatment by us for the exercise of their privacy rights. This Virginia Privacy Notice does not apply to certain personal data that is already subject to certain federal and state regulation.

    If you are a Virginia resident, you may submit a request to exercise these rights by emailing us using the information provided in the Your Privacy Rights section below. If you are a visually-impaired customer, a customer who has another disability or a customer who seek support in other language, you may access this Virginia Privacy Notice by emailing us at [email protected].

    1. Personal Data We Collect

      For the purposes of this Virginia Privacy Notice, except where a different definition is noted, “personal data” means any information that is linked or reasonably linkable to an identified or identifiable natural person. Personal data does not include de-identified data or publicly available information. For the purposes of this section, “publicly available information” includes: information that is lawfully made available through federal, state, or local government records; information that a business has a reasonable basis to believe is lawfully made available to the general public through widely distributed media, by the consumer; and information that is made available by a person to whom the consumer has disclosed the information, unless the consumer has restricted the information to a specific audience.

      We may collect the personal data from or about you as detailed in Section 10(A).

      Sensitive data. Certain types of personal data that we collect, as described above, may constitute “sensitive data” under Virginia law, including:

      • Precise geolocation data
    2. What We Do With Your Personal Data

      GUESS may collect, use, or disclose personal information about you for the purposes detailed in Section 2 of our Privacy Policy.

    3. Sources of Collected Personal Data

      We may collect personal data from the categories of sources described in Section 10(C).

    4. Who We Share Personal Data With

      We limit our disclosure of the categories of data above to our service providers for one or more business purposes. “Business purposes” means the reasonably necessary and proportionate use of personal data, in a way that is adequate, relevant, and necessary for specific purposes described in this Privacy Policy, compatible with the nature and purpose(s) for the collection, use, and retention of the personal data.

      We share personal data for targeted advertising purposes as those terms are defined under Virginia law. You may opt-out of such sharing by following the instructions provided in Section 10(G).

    5. Your Privacy Rights

      If you are a Virginia resident, you have the following rights under applicable Virginia law in relation to your personal data, subject to certain exceptions:

      • Right to Know. You have the right to, up to twice in a 12-month period, request what personal information we collect, use, disclose, and/or sell, as applicable and to obtain a portable copy of your personal data.
      • Right to Delete. You have the right to request under certain circumstances that we delete your personal data.
      • Right to Opt-Out of Sale. You have the right to opt-out of targeted advertising, our sale of your personal data, and profiling decisions that could produce legal or similarly significant effects concerning the consumer.
      • Right to Correct. You have the right to request the correction of your inaccurate personal information.
      • Right to Provide Affirmative Consent. We cannot process your sensitive data or use your personal data for certain purposes without your affirmative consent.
      • Right to Non-Discrimination. You have the right not to receive discriminatory treatment for the exercise of the privacy rights described above.

      How to submit a request. If you are a Virginia resident and wish to exercise these rights, please refer to the information under Section 4.

      Any request you submit to us is subject to an identification and residency authentication process (“Authenticated Consumer Request”) as permitted by the VCDPA. We will not fulfill your request unless you have provided sufficient information that enables us to reasonably authenticate that you are the consumer about whom we collected the personal information. In order to authenticate you, you must provide us with your first and last name and email address. These rights are also subject to various exclusions and exceptions under applicable laws.

      If you wish to appeal our decision with regard to a request that you have previously made, please contact us using the information above or notify the Office of the Attorney General of Virginia by clicking here.

      Within sixty (60) days of receipt of an appeal, we will inform you in writing of any action taken or not taken, including an explanation of our reasons in reaching the decision. If the appeal is denied, you may contact Virginia’s Office of Attorney General by phone at (804) 786-2071, written correspondence to 202 North 9th Street, Richmond, Virginia 23219, or by accessing: www.oag.state.va.us/consumer-protection/index.php/file-a-complaint.

  12. Colorado Privacy Notice

    This Section of the Privacy Policy applies to any Colorado residents about whom we collect personal data. The provisions contained within this section are intended to provide notices in compliance with the Colorado Privacy Act (“CPA”). Any capitalized term used and not otherwise defined below has the meaning assigned to it in this Privacy Policy.

    The CPA provides Colorado residents with rights to receive certain disclosures and access regarding collection, use, sale, and sharing of personal data, as well as rights to delete, correct, and affirmatively consent to the use, disclosure, and sale of certain personal data we collect about them. Additionally, Colorado residents have the right to opt-out of targeted advertising, sale of their personal data, and profiling. Colorado residents also have the right not to receive discriminatory treatment by us for the exercise of their privacy rights. This Colorado Privacy Notice does not apply to certain personal data that is already subject to certain federal and state regulation.

    If you are a Colorado resident, you may submit a request to exercise these rights by emailing us using the information provided in the Your Privacy Rights section below. If you are a visually-impaired customer, a customer who has another disability or a customer who seek support in other language, you may access this Colorado Privacy Notice by emailing us at [email protected].

    1. Personal Data We Collect

      For purposes of this section, “personal data” means information that is linked or reasonably linkable to an identified or identifiable. Personal data does not include de-identified data or publicly available information. For purposes of this section, “publicly available information” means information that is lawfully made available from federal, state, or local government records and information that a business has a reasonable basis to believe the consumer has lawfully made available to the general public.

      We may collect the personal data from or about you as detailed in Section 10(A).

      Sensitive data. Certain types of personal data that we collect, as described above, may constitute “sensitive data” under Colorado law, including:

    2. What We Do With Your Personal Data

      GUESS may collect, use, or disclose personal information about you for the purposes detailed in Section 2 of our Privacy Policy.

    3. Sources of Collected Personal Data

      We may collect personal data from the categories of sources described in Section 10(C).

    4. Who We Share Personal Data With

      We limit our disclosure of the categories of data above to our service providers for one or more business purposes. “Business purposes” means the necessary, reasonable, and proportionate use of this personal data for the specific purposes described in this privacy policy.

      We “sell” personal data for targeted advertising purposes as those terms are defined under Colorado law. You may opt-out of such sharing by following the instructions provided in Section 10(G).

    5. Your Colorado Privacy Rights

      If you are a Colorado resident, you have the following rights under applicable Colorado law in relation to your personal data, subject to certain exceptions:

      • Right to Know. You have the right to request what personal data we collect, use, disclose, and/or sell, up to twice in a 12-month period, as applicable, and to obtain a portable copy of your personal data.
      • Right to Delete. You have the right to request under certain circumstances that we delete your personal data.
      • Right to Opt-Out of Sale. You have the right to opt-out of targeted advertising, our sale of your personal data, and profiling decisions that could produce legal or similarly significant effects.
      • Right to Correct. You have the right to request the correction of your inaccurate personal data.
      • Right to Provide Affirmative Consent. We cannot process your sensitive data or use your personal data for certain purposes without your affirmative consent.
      • Right to Non-Discrimination. You have the right not to receive discriminatory treatment for the exercise of the privacy rights described above.

      How to submit a request. If you are a Colorado resident and wish to exercise these rights, please refer to the information under Section 4.

      Any request you submit to us is subject to an identification and residency authentication process (“Authenticated Consumer Request”) as permitted by the CPA. We will not fulfill your request unless you have provided sufficient information that enables us to reasonably authenticate that you are the consumer about whom we collected the personal information. In order to authenticate you, you must provide us with your first and last name and email address. These rights are also subject to various exclusions and exceptions under applicable laws.

      Authorized Agents. You may also designate an authorized agent, in writing or through a power of attorney, to request to exercise the above right to opt-out on your behalf. If we have collected information on your minor child, you may exercise the above rights on behalf of your minor child. If you use an authorized agent to exercise your various rights under the CPA, we may require that you provide your authorized agent with written permission to exercise your various rights and to verify your own identity with us. If your authorized agent does not submit proof that they have been authorized by you to submit verified requests, we reserve the right to deny such a request that we have received and will explain to your authorized agent why we have denied such request.

  13. Connecticut Privacy Notice

    This Section of the Privacy Policy applies to any Connecticut residents about whom we collect personal data. The provisions contained within this section are intended to provide notices in compliance with the Connecticut Act Concerning Personal Data Privacy and Online Monitoring (“CTDPA”). Any capitalized term used and not otherwise defined below has the meaning assigned to it in this Privacy Policy.

    The CTDPA provides Connecticut residents with rights to receive certain disclosures and access regarding collection, use, sale, and sharing of personal information, as well as rights to delete, correct, and affirmatively consent to the use, disclosure, and sale of certain personal information we collect about them. Additionally, Connecticut residents have the right to opt-out of targeted advertising, sale of their personal data, and profiling. Connecticut residents also have the right not to receive discriminatory treatment by us for the exercise of their privacy rights. This Connecticut Privacy Notice does not apply to certain personal data that is already subject to certain federal and state regulation.

    If you are a Connecticut resident, you may submit a request to exercise these rights by emailing us using the information provided in the Your Privacy Rights section below. If you are a visually-impaired customer, a customer who has another disability or a customer who seek support in other language, you may access this Connecticut Privacy Notice by emailing us at [email protected].

    1. Personal Data We Collect

      For purposes of this section, “personal data” means information that is linked or reasonably linkable to an identified or identifiable. Personal data does not include de-identified data or publicly available information. For purposes of this section, “publicly available information” means information that is lawfully made available from federal, state, or local government records or widely distributed media and information that a business has a reasonable basis to believe the consumer has lawfully made available to the general public.

      We may collect the personal data from or about you as detailed in Section 10(A).

      Sensitive data. Certain types of personal data that we collect, as described above, may constitute “sensitive data” under Connecticut law, including:

      • Precise geolocation data
    2. What We Do With Your Personal Data

      GUESS may collect, use, or disclose personal information about you for the purposes detailed in Section 2 of our Privacy Policy.

    3. Sources of Collected Personal Data

      We may collect personal data from the categories of sources described in Section 10(C).

    4. Who We Share Personal Data With

      We limit our disclosure of the categories of data above to our service providers for one or more business purposes. “Business purposes” means the reasonably necessary and proportionate use of personal data, in a way that is adequate, relevant, and necessary for specific purposes described in this Privacy Policy, compatible with the nature and purpose(s) for the collection, use, and retention of the personal data.

      We share personal data for targeted advertising purposes as those terms are defined under Connecticut law. You may opt-out of such sharing by following the instructions provided in Section 10(G).

    5. Your Connecticut Privacy Rights

      If you are a Connecticut resident, you have the following rights under applicable Connecticut law in relation to your personal data, subject to certain exceptions:

      • Right to Know. You have the right to request what personal data we collect, use, disclose, and/or sell, once during any twelve-month period, as applicable, and to obtain a portable copy of your personal data.
      • Right to Delete. You have the right to request under certain circumstances that we delete your personal data.
      • Right to Opt-Out of Sale. You have the right to opt-out of targeted advertising, our sale of your personal data, and profiling decisions that could produce legal or similarly significant effects.
      • Right to Correct. You have the right to request the correction of your inaccurate personal data.
      • Right to Provide Affirmative Consent. We cannot process your sensitive data or use your personal data for certain purposes without your affirmative consent.
      • Right to Non-Discrimination. You have the right not to receive discriminatory treatment for the exercise of the privacy rights described above.

      How to submit a request. If you are a Connecticut resident and wish to exercise these rights, please refer to the information under Section 4.

      Any request you submit to us is subject to an identification and residency authentication process (“Authenticated Consumer Request”) as permitted by the CTDPA. We will not fulfill your request unless you have provided sufficient information that enables us to reasonably authenticate that you are the consumer about whom we collected the personal information. In order to authenticate you, you must provide us with your first and last name and email address. These rights are also subject to various exclusions and exceptions under applicable laws.

      Authorized Agents. You may also designate an authorized agent, in writing or through a power of attorney, to request to exercise the above right to opt-out on your behalf. If we have collected information on your minor child, you may exercise the above rights on behalf of your minor child. If you use an authorized agent to exercise your various rights under the CTDPA, we may require that you provide your authorized agent with written permission to exercise your various rights and to verify your own identity with us. If your authorized agent does not submit proof that they have been authorized by you to submit verified requests, we reserve the right to deny such a request that we have received and will explain to your authorized agent why we have denied such request.

  14. Canadian Privacy Notice

    This Supplemental Notice provides additional or modifying information on how we manage personal data that we receive from residents of Canada. These rights may be limited in some circumstances by local law requirements.

    1. Personal Information We Collect

      For the purposes of this Canadian Privacy Notice, except where a different definition is noted, “personal information” means information about an identifiable individual. GUESS may collect personal information from or about you as detailed in Section 10(A). Certain types of personal information that we collect may be considered sensitive information, which we will not process without your affirmative consent. This includes precise geolocation data and account log-in in combination with required credentials.

    2. How We Collect Information About You

      We may collect personal information from you as detailed in Section 1 and 6.

    3. What We Do With Your Personal Information

      We may collect, use, or disclose personal information about you for the purposes detailed in Section 2. This includes sharing your personal information with third parties for their own direct marketing purposes and for online behavioral advertising. This includes offering discounts on Products and Services in exchange for your personal information when you participate in or engage with us in any of our rewards programs or use our In-Store WiFi.

    4. Disclosure and Transfer of Your Information

      We may disclose and transfer personal information from you as detailed in Section 3 and 9.

    5. Your Privacy Rights

      Under Canadian law, you have the right to access, correct, and delete your personal information as well as the right to withdraw your consent in certain circumstances. In the event that you have already consented to the collection, use and/or disclosure of your personal data, you may subsequently “opt out” at any time, subject to legal or contractual restrictions and reasonable notice by referring to the information under Section 4.

      If you are a parent or guardian and you believe that your child has provided us with information without your consent, please review Section 8 and contact us by email at [email protected] or using any of the information in Section 16. We will take reasonable steps to ensure that your child’s information is deleted from our databases.

    6. Data Retention Period

      We will keep your personal information only as long as is reasonably necessary as detailed in Section 4.

    7. Data Security

      We use commercially reasonable administrative, technical, and physical safeguards appropriate to the risks and information sensitivity to help protect and secure your personal information as detailed in Section 5.

  15. Changes to this Privacy Policy

    We reserve the right to change this Privacy Policy at any time. The “effective date” listed at the top of this Privacy Policy indicates when this Privacy Policy was last revised. Any changes will be effective immediately upon the posting of the revised Privacy Policy. If we make any material changes to this Privacy Policy, we will take reasonable measures to notify you via email and/or a prominent notice on our Sites prior to the change becoming effective. We will also update the effective data at the top of this policy. Your use of our Sites indicates your consent to the privacy policy posted at the time of use. However, we will not use your previously collected personal information in a manner materially different than represented at the time it was collected without your consent. To the extent any provision of this Privacy Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable. You are advised to review the Privacy Policy periodically for any changes.

  16. Contact Us

    If you have any questions about this privacy statement, the practices of the Sites, or wish to exercise one of your privacy rights, you can contact us:

    E-mail:
    Customer Care Contact Form
    CCPA Inquiry Web Form

    Mail:
    GUESS Customer Care
    GUESS?, Inc.
    1444 Alameda Street
    Los Angeles, CA 90021

    Phone:
    Call Toll Free Monday through Friday 6:00 a.m. - 5:00 p.m., Saturday 7 a.m. - 4 p.m. (PT):

    GUESS or GUESS KIDS: 1-877-44-GUESS (1-877-444-8377)

    MARCIANO: 1-877-44-GUESS (1-877-444-8377)

    GBG: 1-877-44-GUESS (1-877-444-8377)

    GUESS FACTORY: 1-877-44-GUESS (1-877-444-8377)

    GUESS U.S.A.: 1-800-347-1466

    Opt-Out Information

    If you would like to unsubscribe or cancel your memberships with GUESS at any time, you can contact us using the following methods:

    GUESS visit: guess.com/us/en/email/unsubscribe/

    MARCIANO visit: marciano.com/us/en/email/unsubscribe/

    GBG visit: guessfactory.com/us/en/email/unsubscribe/

    GUESS FACTORY visit: guessfactory.com/us/en/email/unsubscribe/

    GUESS U.S.A. visit: guess.com/us/en/email/unsubscribe/

    To opt out of direct mail marketing communications, please write to GUESS at the mailing address above. Please include your name and address as it appears on any marketing materials received from GUESS.

    Please allow 10 days to process your email request and 6-8 weeks to process your postal mail request, during which period you may continue to receive communications from GUESS. Please note that we will retain your information for business purposes or as required by law.

    To cancel your membership in the GUESS List Program, please follow the instructions in the applicable Program Terms and Conditions available on the Sites.

    Please note that we may still send you certain communications relating to your account or use of our Sites, such as administrative and service announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.