Privacy Policy

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

1. (a) Information You Provide to Us
   
   

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

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

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

2. (b) General Browsing
   
   

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

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

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

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

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

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

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

Why We Collect Information

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

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

When We Disclose Information

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

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


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


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


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

Ads and Information About You

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

We may also use Tracking Technologies, such as our own cookies, to provide you with personalized online display advertising tailored to your interests. We and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as a DoubleClick cookie) together to report how your ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to our Site. To learn more about how to opt out of Google's use of the Google analytics cookies, visit, here. To learn more about how to opt out of DoubleClick's use of cookies, visit the DoubleClick opt-out page, here. If you would like more information about behavioral advertising practices, go to 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.