Last Updated: 04/18/2019
Introduction
Welcome! You have arrived at a website provided by RTW Retailwinds, Inc. ("Company" or "we," "our" or "us"). This "Privacy Policy" governs the Company's family of brand websites, including New York & Company (https://www.nyandcompany.com), Fashion to Figure (https://www.fashiontofigure.com), Happy X Nature (https://www.happyxnature.com), Uncommon Sense (https://www.uncommonsense.com), and any interactive features, applications, and or other services that posts a link to this Privacy Policy (each, a "Site"). This Privacy Policy also applies to Personal Information we may collect from you in our retail stores (each a "Store" or collectively, "Stores"), via phone calls with our Customer Service representatives, and Company sponsored events, including through official surveys and Promotion entry forms, or in any other instance when you contact us.
This Privacy Policy describes what information Company collects about you, why we collect it, how we use it, and under what circumstances we may share it with third parties. To the extent we provide you notice on our Site or in our Stores of different or additional privacy policies or practices (e.g., at the point of our collection) , those additional terms shall govern such data collection and use. If you voluntarily provide your information in the course of purchasing our products or otherwise using or interacting with our Site, we will take that as your agreement to our collection, use and disclosure of your information as set forth in this Privacy Policy.
In addition, please review the Site's Terms & Conditions, which governs your use of the Site. By using our Site, you consent to our Privacy Policy and agree to our Terms & Conditions.
What Information We Collect
We may ask you to provide us (i) your first and last name, email address, home or other mailing and billing addresses, telephone number, mobile number, credit and debit card numbers and date of birth or other information that could reasonably be used to identify you personally (hereinafter "Personal Information"); and / or (ii) demographic information, such as information like your gender and date of birth ("Demographic Information"). We may collect this information when you:
Your decision to provide us with information is voluntary, but if you choose not to provide any requested information you may not be able to take advantage of all of the Site's features, including purchasing products.
In addition to information that you choose to submit to us, we and or our service providers may automatically collect and or store certain information when you visit or interact with the Site ("Usage Information"). This Usage Information may be stored and or accessed from your personal computer, laptop, tablet, mobile phone or other device (a "Device") whenever you visit or interact with our Site. Usage Information may include:
We may use various methods and technologies to store or collect Usage Information ("Tracking Technologies"). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies used on the Site, include, without limitation, the following (and subsequent technology and methods later developed):
We may use Tracking Technologies for a variety of purposes, including:
The Site may include functionality that allows certain kinds of interactions between the Site and your account on a third-party website or application. The use of this functionality may involve the third-party site providing information to us. For example, we may provide links on the Site to facilitate sending a communication from the Site or we may use third parties to facilitate emails, Tweets or Facebook, Instagram, or Pinterest postings. These third parties may retain any information used or provided in any such communications or activities and these third parties’ practices are not subject to our Privacy Policy. Company may not control or have access to your communications through these third parties. Further, when you use third-party sites or services, you are using their services and not our services and they, not we, are responsible for their practices. You should review the applicable third-party privacy policies before using such third-party tools on our Site.
Why We Collect Information
We may use your Personal Information, Demographic Information or Usage Information for various purposes,
including:
When We Disclose Information
We may share non-Personal Information, such as aggregated user statistics and your Device Identifiers with
third parties along with data related to you and your activities. Also, we may share your information,
including your Personal Information, with third parties, such as companies with which we have marketing or other
relationships, for the third parties' direct marketing purposes. If you are a California resident, you have the
right to request additional information and so please see the Section entitled "Your California Privacy Rights"
below about these rights. In addition, we may share the information we have collected about you, including
Personal Information, as disclosed at the time you provide your information and as described in this Privacy
Policy. Examples of when Company may share your information include as follows:
Ads and Information About You
You may see certain ads on other websites because we participate in advertising networks administered by third
parties. These networks track your online activities over time and across third party websites and online
services by collecting information through automated means, including through the use of the Tracking
Technologies described above, and they use this information to show you advertisements that are tailored to
your individual interests. The information they collect includes information about your visits to our Site,
such as the pages you have viewed. This collection and ad targeting takes place both on our Site and on
third-party websites that participate in the ad network. This process also helps us track the effectiveness of
our marketing efforts.
We may also use Tracking Technologies, such as our own cookies, to provide you with personalized online display
advertising tailored to your interests. We and third-party vendors, including Google, use first-party cookies
(such as the Google Analytics cookie) and third-party cookies (such as a DoubleClick cookie) together to report
how your ad impressions, other uses of ad services, and interactions with these ad impressions and ad services
are related to visits to our Site. To learn more about how to opt out of Google's use of the Google analytics
cookies, visit, here.
To learn more about how to opt out of DoubleClick's use of cookies, visit the DoubleClick opt-out page, here. If
you would like more information about behavioral advertising practices, go to www.aboutads.info. To learn about
your choices in connection with these practices on the particular device on which you are accessing this
Privacy Policy, please visit http://www.networkadvertising.org/choices
and http://www.aboutads.info/choices.
You may also click on the informational icon contained within each interest based ad.
Your Choices about the Information We Collect
If you would prefer that we not share your name and mailing address with third parties (other than with our
affiliates) to receive promotional offers, you have the option to opt out of such sharing. To do so, please
call us at 1-866-274-9040. Your choice will not affect our ability to share information in the
other ways described in this Privacy Policy.
If you do not wish to receive e-mails about special offers, new fashion trends, contests and other promotions
from us related to Fashion To Figure, please click here to opt out,
or if you do not wish to receive other marketing materials by regular mail from us,
please call us at 1-866-274-9040. If you wish to opt out of receiving marketing materials from New York & Company,
Uncommon Sense or Happy X Nature, please follow the opt-out instructions specified in the applicable Site’s Privacy Policy.
Privacy of Children Who Visit the Site
Company recognizes the importance of children's safety and privacy. The Site is not designed to attract
children, and is not intended for use by any children under the age of 13. We do not request, or knowingly
collect, any personally identifiable information from children under the age of 13. Minors under the age of 18
(but older than 12) may use the Site only under the supervision of a parent or legal guardian who agrees to be
bound by the Site's Terms &
Conditions.
Your California Privacy Rights
Company collects various types of personal information about you during the course of your relationship with
Company as a customer. Under California law, if you are a resident of California, you may make a written
request to Company about how we have shared your information with third parties for their direct marketing
purposes. If this law applies to you, you may obtain the categories of personal information shared by us and
the names and addresses of all third parties that received personal information for their direct marketing
purposes from us during the immediately prior calendar year (e.g., requests made in 2017 will receive
information about 2016 sharing activities).
To make such a request (limit one request per year), please send an email to: carequest@ftf.com,
with "California Privacy Rights" as the subject line or mail us a letter to: RTW Retailwinds, Inc., 330 West 34th
Street, New York, NY 10001, Attn: Customer Service. You must include your full name, email address, and a valid California postal
address in your request.
Email Address:
carequest@ftf.com
Postal Address:
RTW Retailwinds, Inc.
330 West 34th Street
New York, NY 10001
Attn: Customer Service
Please see the section of this Privacy Policy titled “Your Choices about the Information We Collect” for information on how to opt out of sharing your personal information with third parties for their direct marketing.
California / Delaware Do Not Track Disclosures
Various third parties are developing or have developed signals or other mechanisms for the expression of
consumer choice regarding the collection of information about an individual consumer's online activities over
time and across third-party websites or online services (e.g., browser do not track signals). Currently, we do
not monitor or take any action with respect to these signals or other mechanisms.
Visitors to the Site Outside of the United States
If you are visiting the Site from a location outside of the U.S., your connection will be through and to
servers located in the U.S. All information you receive from the Site will be created on servers located in the
U.S., and all information you provide will be maintained on web servers and systems located within the U.S. The
data protection laws in the United States may differ from those of the country in which you are located, and
your information may be subject to access requests from governments, courts, or law enforcement in the United
States according to laws of the United States. By using the Site or providing us with any information, you
consent to the transfer to, and processing, usage, sharing and storage of your information in the United States
and in other countries, as set forth in this Privacy Policy.
Updating Personal Information
We prefer to keep your Personal Information accurate and up-to-date. If you would like to change your contact information, please go to My Account, and log in with your email address and password.
If so, we will make good faith efforts to make requested changes in our then active databases as soon as
reasonably practicable (but we may retain prior information as business records). Please note that it is not
always possible to completely remove or delete all of your information from our databases and that residual
data may remain on backup media or for other reasons.
Links
For your convenience, the Site may contain links to other websites. Company is not responsible for the privacy practices, advertising, products, or the content of such other websites. None of the links should be deemed to imply that Company endorses or has any affiliation with the links.
Security
We incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed 100% secure. As a result, we cannot guarantee or warrant the security of any information you transmit to or from our Site, and you provide us with your information at your own risk.
Changes in Privacy Policy
We may elect to change or amend our Privacy Policy; in such event, we will post the policy changes in our Privacy Policy on the Site. If you are concerned about how your personal information is used, please visit our Site often for this and other important announcements and updates.