Effective Date: This Privacy Policy was last revised on January 1, 2020.
Introduction
Welcome! You have arrived at a web site or mobile application that is provided by GUESS?, Inc. ("GUESS" or "we," "our" or "us"). This "Privacy Policy" governs your use of GUESS.com, the GUESS mobile application(s), and any other official GUESS web site (including mobile sites), interactive features, widgets, and/or other online services that post a link to this Privacy Policy (collectively, referred to as the "Site"). This Privacy Policy also applies to Personal Information (defined below) 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 Site 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, and under what circumstances we share it with third parties. This Privacy Policy also describes the choices you can make about how we use your information. 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.
Note for California Residents
If you are a California resident, 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 the section specific to California Residents below for more information.
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 Terms & Conditions.
Privacy Policy Details
We may ask you to provide us: (i) your first and last name, email address, home address, phone 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 ("Demographic Information"). We may collect this information from you at various times and places, such as when you:
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.
Our Site (including our mobile apps) 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. Further, we or our service providers may use your location information to display our nearest Store location to you. 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.
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.
The Site may include functionality that allows certain kinds of interactions between the Site and your account on a third-party web site or application. The use of this functionality may involve the third-party site providing information, including Personal Information, to us. For example, we may provide links on the Site to facilitate sending a communication from the Site. For example, we may use third parties to facilitate emails, Tweets or Facebook, Instagram, Pinterest or Google+ 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.
You may send someone else a communication from the Site, such as sending an invitation to a friend. If so, the information you provide (e.g., names, email addresses, mobile number, etc.) 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.
If you prefer not to receive marketing communications from GUESS, you may opt out at any time by following the directions in Section 12 below.
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 Site. 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.
Third Parties Providing Services to GUESS. We may use third-party service providers to perform certain services, such as: (a) to assist us in e-commerce operations; (b) to manage a database of customer information; (c) hosting the Site; (d) designing and/or operating the Site's features; (e) tracking the Site's activities and analytics; (f) enabling us to send you special offers or perform other administrative services; and (g) other services designed to assist us in maximizing our business potential. 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 Site. 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 here. We are not responsible for the effectiveness of or compliance with any third parties' opt-out options.
To Protect the Rights of GUESS 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 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.
Affiliates 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 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.
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. 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.
Co-Branded Areas. Certain areas of the Site 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 Site, 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.
To learn more about ad networks, including how to opt-out, please click here
The Site may contain content that is supplied by a third-party, and those third parties may collect Usage Information and your Device Identifier when pages from the Site are served to you. In addition, when you are on the Site, 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 Site onto a different site. These other sites may independently collect data about you and may or may not have their own published privacy policies.
We do not sell California residents’ Personal Information to third parties.
We do not sell the Personal Information of minors under 16 years of age without the affirmative prior authorization of such consumers or their parental guardians.
We will verify any consumer’s request to exercise the Right to Know or the Right to Request Deletion using the following process:
If you are requesting to know the categories of Personal Information collected, we may require two data points to be provided by you that match two of the data points that we maintain in our records, so that we may verify your identity with a reasonable degree of certainty. If you are requesting to know specific pieces of Personal Information collected, a higher bar for verification is required (a reasonably high degree of certainty), which may require us to match three data points of information provided by you with three data points that we maintain in our records together with a signed declaration under penalty of perjury that you are the individual whose Personal Information is the subject of the request. We will maintain all signed declarations as part of our record-keeping obligations under the CCPA.
If you submit a request that we delete your Personal Information, the level of reasonable certainty that will be required through our verification process will depend on the nature of the Personal Information being requested to be deleted. For sensitive Personal Information, we will require that three data points provided by you match three data points we maintain in our records along with a signed declaration under penalty of perjury that you are the individual whose Personal Information is the subject of the request. For all other kinds of Personal Information subject to a deletion request we will collect the requisite data points consistent with a reasonable degree of certainty standard described above. We will act in good faith when determining what standard to applying when verifying all consumer requests.
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.
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.
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 through the processes laid out in the section titled Exercising California Residents’ Privacy Rights, above. 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.
Our Site is operated in the United States. 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 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.
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.
If you have any questions about this privacy statement, the practices of this site, or your dealings with GUESS, you can contact us:
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 JEANS: | 1-800-347-1466. |
To opt out of e-mail marketing communications for: | |
---|---|
GUESS visit: | https://www.guess.com/ca/en/email/unsubscribe/ |
MARCIANO visit: | https://www.marciano.com/ca/en/email/unsubscribe/ |
GBG visit: | https://guessfactory.com/ca/en/email/unsubscribe/ |
GUESS FACTORY visit: | https://guessfactory.com/ca/en/email/unsubscribe/ |
GUESS JEANS visit: | https://www.guessusa.com/en/subscription/unsubscribe |
We reserve the right to change this Privacy Policy at any time. Any changes will be effective immediately upon the posting of the revised Privacy Policy and your use of our Site 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.