Privacy Policy

1. Contact

After reviewing this policy, if you have additional questions, want more information about our privacy practices, or would like to submit a complaint, please contact us by e-mailing us at customerservice@coldwatercreek.com, Attn: Privacy Policy, or by submitting a request through our Site’s Contact Page, which can be located at Contact Us page.

2. Collecting Personal Information and Our Application of the California Privacy Rights Act

When you visit our Site and use our services, whether as a Guest, a Registered Account holder, or as a participant in a discount program, you will be providing Personal Information about yourself and household. Personal Information, in general, is information that can identify you. Personal Information would include your name, email address, cell number, records of product purchases, internet browsing history, etc. We have adopted, as a baseline for our Privacy Policy, the terms and requirements of the California Privacy Rights Act of 2023 (the “CPRA”) and refer you to Section 9, below, which relates how the CPRA defines “Personal Information.” Personal Information may also be collected about your device, your interaction with the Site, and purchase history. We may also collect additional information from you when you contact us for customer support. Below, we identify categories of information that we commonly would be collecting from you and the reasons for collecting it.

• Device information
  • Purpose of collection: To load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.
  • Source of collection: This information is collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels.
  • Disclosure for a business purpose: This information is also shared with our processor Salesforce, and other third-party service providers: Google and our Shipping Providers, and all other third-party services that we need to support the operation of our site and to facilitate advertising operations.
  • Personal Information collected: Other types of Personal Information we collect are information concerning your web browser, IP address, the time zone you are in, cookie information, what sites or products you view, search terms you have used to find our Site, and how you interact with the Site.
• Information Collected for Purposes of Advertising
  • Email Marketing: You should understand that by entering your email address into our customer information form and submitting it, you automatically are consenting to receive email messages from us, among other things, concerning changes in our policies, promotions, products you may be interested in, and cart reminders. To opt-out of this program, you may click the unsubscribe icon at the end of an email we send you. If you have any trouble doing this, please email us at customerservice@coldwatercreek.com, Attn: Email Opt-Out. Mobile Messaging Program: For those customers who opt to participate in our mobile messaging service, you will receive notices via text messages, among other things, concerning promotions as well as the status of deliveries. Opting into this program is voluntary but if you would like to opt-out, you may click the STOP icon at the end of a text we send you. If you have any trouble doing this, please email us at customerservice@coldwatercreek.com, Text Opt-Out. For additional information concerning our Mobile Messaging Program, please see Annex A to this Privacy Policy.
• Order information
  • Purpose of collection: To provide products or services to you in fulfillment of your product order, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you about your purchases, screen our orders for potential risk of fraud, and, when in line with the preferences you have shared with us, provide you with information or advertising about related products or services you might be interested in purchasing.
  • Source of collection: This information is collected from you by way of your submission of information about yourself via our information form or through your ordering merchandise through our Site.
  • Disclosure for a business purpose: This information is shared with our processor Salesforce as well as our other service providers, Google and our Shipping Providers, and all other third-party services needed to maintain the operation of our Site and facilitate the advertising of our products.
  • Personal Information collected: The type of Personal Information we would collect by way of your ordering merchandise through our site would include your name, billing address, shipping address, payment information, email address, and phone/cell number.
• Customer support information
  • Purpose of collection: To be able to resolve your customer service inquiries.
  • Source of collection: This information would be collected from you while you are engaged with our customer service facilities.
  • Disclosure for a business purpose: The purpose of collecting this information would be to resolve your customer inquiry, improve our products and services, and learn about technical problems you may have encountered with our site which would allow us to resolve those problems for your benefit and the benefit of other customers.
  • Personal Information collected: The type of Personal Information we would be collecting would include your name, address, product you want to purchase (or have purchased), order number, and other information collected from you via special instructions you may have advanced to us that could identify you or your household.
  • Purpose of collection: To provide customer support.
  • Disclosure for a business purpose: Such Personal Information may be disclosed to our staff, supporting technology platforms, shipping providers, or other third parties needed to understand the bases for your request and to solve the problem you present.

3. Minors

Our Site and Apps are not intended to be used by individuals under the age of majority (“minors”), as defined by applicable law, unless they have permission from their legal parent or guardian and their legal parent or guardian agrees to subscribe to our Terms of Use, this Privacy Policy, and any applicable terms of sale. In many jurisdictions, the age of majority is 18 years old. We do not intend to collect Personal Information from Minors. Our Site, Apps, and the online services we provide are not directed to children under the Age of 13 year’s old. If you are the parent or guardian of a minor child, including a child under the age of 13 years, and believe they have provided us with Personal Information, please contact us at the email address designated above to request that such information be deleted.

4. Sharing Personal Information with Service Providers

We share your Personal Information with service providers to help us provide our services and fulfill our purchase order contracts with you, as described above. For example:

• We use Salesforce to power our online store. You can read more about how Salesforce uses your Personal Information here: https://www.salesforce.com/privacy/overview/.
• We may also need to share your Personal Information with third-party vendors in order to address technical problems and enhance the functioning of our site, but understand that our third-party vendors may, in turn, need to disclose your Personal Information to their vendors, about whom we may have no knowledge and over whom we have no control.
• We may also need to share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or otherwise to protect our rights.

5. Receiving Personal Information from Third Parties and Sharing Personal Information with Other Third Parties (other than Service Providers)

In our efforts to reach, through our advertising, as many potential customers as possible, we have entered into relationships with third-party data providers, which supply us, among other things, the personal information of persons that they, themselves, have collected by way of their own research via their own platforms, social media, and/or have purchased or licensed from other parties. Although we do not have a program under which the Personal Information we have is sold to other parties, to the extent we have entered into agreements with data cooperatives and third-party marketing partners with which we share Personal Information, this information may be used by them for their own commercial purposes. Should you not want to have your Personal Information shared with third parties, you may contact us at customerservice@coldwatercreek.com, Attn: Shared PI Opt-Out.

6. Behavioral Advertising

As described above, we may use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:

• We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
• We may share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners. We collect and share some of this information directly with our advertising partners, and, in some cases, through the use of cookies or other similar technologies (which you may consent to, depending on your location).

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at https://www.networkadvertising.org/understanding-online-advertising/how-does-it-work. Notwithstanding the foregoing explanation about how we may use your Personal Information to enhance our targeted advertising, if you do not want us to use your Personal Information for purposes of targeted advertising, you may opt-out of our advertising program by contacting us using the Contact information provided above or by contacting the relevant platforms, as follows:

• FACEBOOK - https://www.facebook.com/settings/?tab=ads
• GOOGLE - https://www.google.com/settings/ads/anonymous
• BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads]

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: https://optout.aboutads.info/choices/ or, with respect to mobile devices-related opt-out procedures, http://www.aboutads.info/appchoices.

7. Using Your Personal Information

As we have discussed, we use your Personal Information to be able to provide our services to you, including, but not limited to, offering products for sale, fulfilling purchase orders by allowing us to process payments and shipping, and keeping you up to date on new products, services, and offers.

8. Retention

When you place an order through our Site, we will retain your Personal Information for our records unless and until you ask us to delete this information. For more information on your right of deletion under applicable law, please see section 9, below, concerning the California Privacy Rights Act, the standards of which we have adopted to govern this Privacy Policy.

9. Automatic decision-making

Under applicable law, you may have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal impact on you or otherwise significantly affects you. Be on notice that we do not engage in fully automated (algorithmic) decision-making that should have a legal impact on you or should otherwise significantly affect you. To the extent our processor, Salesforce, may use limited automated decision-making, it is intended only to prevent fraud and should not have any legal impact or otherwise significantly affect you.

Services that include elements of automated decision-making may include:

• Temporary blacklist of IP addresses associated with repeated failed transactions. This blacklist persists for a limited number of hours.
• Temporary blacklist of credit cards associated with blacklisted IP addresses. This blacklist persists for a limited number of days.
• Permanent blacklist of IP address associated with fraud or other chronic violations of our Terms of Use.

10. Your Rights as Prescribed by the California Privacy Rights Act of 2023 ("CPRA")

Under California’s CPRA, Personal Information is information that identifies, concerns, or is associated with a particular consumer or household. Examples of Personal Information are your name, email address, records of product purchases, internet browsing history, geolocation information, fingerprints, and any information from which one can draw inferences about your consumer preferences and characteristics. Sensitive Personal Information includes, but is not limited to, government assigned identification numbers, like social security numbers, account log-in information (e.g. passwords, other credentials like responses to security questions), account numbers, debit and credit card numbers, information tracking your precise geolocation, biometric information, information concerning your health, sex life, sexual orientation, or information about racial or ethnic origin, religious or philosophical beliefs, or union membership. Personal Information and Personal Sensitive information, however, shall not include information about you that is publicly available. Personal Information can be made publicly available by you, among other things, by your publishing information about yourself on social media. Unless otherwise distinguished, Personal Information and Personal Sensitive Information will be referred to in this Privacy Policy, collectively, as “Personal Information.” Under the CPRA and, under this Privacy Policy, you have the right to (i) find out what specific Personal Information we have concerning you, (ii) find out what Personal Information we have shared with Third Parties, (iii) limit the use and disclosure of your Personal Information, (iv) port your Personal Information to a new service, (v) ask that your Personal Information be corrected, updated, or deleted, (vi) opt-out of the sale and sharing of your Personal Information, and (vii) not be discriminated against for exercising your rights hereunder. If you would like to exercise any of these rights, please contact us at customerservice@coldwatercreek.com, Attn: Privacy Policy. The Right to Know: You can request us to disclose to you the following information about your Personal Information: (i) categories and/or specific Personal Information about you that we have collected, including the categories of sources of that Personal Information, (ii) the purposes for which our business uses your Personal Information, (iii) the categories of third parties to whom our business has disclosed your Personal Information, and (iv) the categories of information that our business sells/licenses to third parties (if any). The Right to Delete: Except where applicable law provides otherwise, you can request that our business (including its service providers and third parties with whom it may be sharing your information) delete your Personal Information. The Right to Correct. You can ask our business to correct Personal Information about you that is inaccurate. The Right to Opt-Out of Sale or Sharing: You may request that our business cease the selling and/or sharing of your Personal Information, including via a user-enabled privacy control. If you Opt-Out of the selling and/or sharing of your Personal Information, our business shall be thereafter prohibited from selling or sharing your Personal Information until you later provide the authorization for us to do so. The Right to limit use and disclosure of Sensitive Personal Information. You can instruct our business only to use your Sensitive Personal Information for limited purposes, such as the ability to access our Service. The Right not to be discriminated against. Should you exercise any of your rights to protect your Personal Information, we are prohibited from taking any retaliatory action against you, such as limiting your Service, delaying the processing of your orders, or otherwise taking any actions to inhibit or degrade your user experience.

11. International Users

Coldwater Creek is based in the United States. Our products and services and our web site is not targeted at individuals outside the United States. Visitors to our web site from outside the United States who provide us with personal information, please note that your personal information may be accessed by or transferred, stored and processed by us in the United States. The data protection or privacy laws in the United States may be different than those in your country. By doing business or interacting with Coldwater Creek or our Site, you are consenting to the transfer of your personal information to facilities located in the United States and understand that such information will be stored and processed in accordance with this Privacy Policy and U.S. law. We use salesforce.com as a third party-processor to manage Personal Information uploaded to our Site and Apps. To review Salesforce’s Privacy Policy, please see https://www.salesforce.com/privacy/overview/.

12. You are Prohibited from Misrepresenting Yourself

Be advised that pursuant to our Terms of Use, parties who are using our platform are prohibited from submitting to us false user data, including information misrepresenting their identity, including, but not limited to, name, residence, and shipping information.

13. Cookies

A cookie is a small amount of information that is automatically downloaded to your computer or device when you visit our Site. We use a number of different kinds of cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website. For instance, information collected via a cookie can tell us whether a visitor is a first time or frequent visitor to our site. The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device. You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies could negatively impact your user experience and prevent you from being able to access parts of our website. Most browsers automatically accept cookies, but you can choose whether or not to accept cookies by changing your browser controls, often found within your browser’s “Tools” or “Preferences” menu. More information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as: https://allaboutcookies.org/ and http://optout.networkadvertising.org/#!/. Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, we refer you back to Section 5 hereof (Behavioral Advertising). Should you continue to have questions about opting out of targeted advertising, please contact us using the Contact information supplied above.

14. Do Not Track

Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

15. Changes to this Privacy Policy

We may update this Privacy Policy from time to time with or without notice in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

16. Complaints

Unless otherwise noted above, if you would like to lodge a complaint with a government authority concerning our protection of your Personal Information and/or compliance with this Privacy Policy under applicable law, it is recommended that you contact the relevant consumer privacy rights authority or consumer protection authority or Attorney General’s Office in your state or territory. July 21, 2023