Privacy policy

 

Effective Date: September 16, 2021

O’Neill Clothing (the “Company”) understands that privacy is important to you and values your trust. This Privacy Policy (“Policy”) explains how personal information about you is collected, used, and disclosed by the Company. Personal information covered by this Policy includes information that is collected when you shop in our stores, use our sites, sign up for activities and events, or when you otherwise interact with us. We may supply different or additional notices of personal information practices specific to certain programs or activities.

PERSONAL INFORMATION COLLECTED

PERSONAL INFORMATION YOU PROVIDE

We collect personal information you provide to us. For example, we may collect information when you create an account, create a profile, use the interactive areas and features on our site, make a purchase, sign up for events, and when you email, call, or otherwise communicate with us. The types of personal information we collect include, for example, name, postal address, phone or fax number, email address, account information (e.g., credit card and online registration information), and other information that you choose to provide.

AUTOMATICALLY COLLECTED INFORMATION

We receive certain types of information automatically whenever you use our services or sites. For example, when your Web browser accesses our site, we obtain certain types of information, such as your IP address, the type of browser you use, access times, and the page you visited before visiting our site. We may also collect information about your computer’s operating system and information about your usage and activity on our site.

COOKIES

We automatically collect data using cookies. A “cookie” is a small data file that our sites transfer to your computer. We deliver these cookies and collect data on our sites, and we may also use third party agents to deliver cookies and collect data. We use the data we collect using cookies to help support the integrity of the registration and buying processes on our sites, retain your preferences and account settings, learn about your possible interests so we can personalize our marketing and information to better support your interests, and improve our sites and your experience. When you view a video on our site that uses Adobe Flash Player, a third party (Adobe Systems Inc.) may set a “flash cookie” on your computer. Visit Adobe Flash Player privacy and security to learn more about how Adobe Systems Inc. protects your privacy.

WEB BEACONS

We also collect information using Web beacons. Web beacons are electronic images that may be used on our site or in our emails. We use Web beacons to deliver cookies, count visits, understand usage and campaign effectiveness, and to tell if an email has been opened or acted upon.

PERSONAL INFORMATION FROM OTHER SOURCES

We may also receive personal information about you from other sources and combine or link that with information we have about you.

OUR USE OF PERSONAL INFORMATION

We use the personal information we collect about you for a variety of purposes, for example, to:

• provide and deliver products and services, process and complete transactions and send you related information, including purchase confirmations, invoices, updates, security alerts, recall notices and support and administrative messages;
• respond to your comments and questions and provide customer service;
• send you communications about the Company and partner products, services, offers, promotions, news, upcoming events, and geographically relevant information;
• process and deliver contest or sweepstakes entries and prizes;
• maintain and administer your account; and
• operate and improve our sites and services.

We may store and process personal information in the United States and other countries.

SHARING OF PERSONAL INFORMATION

We may share personal information about you outside of the Company and its affiliates, including as follows:

• We hire other companies to perform certain business-related services or complete transactions on our behalf. We may disclose personal information to certain types of third party companies to enable them to provide such services. The types of companies that may receive personal information and their functions are: hosting services, technical assistance, database management/back-up services, use analytics, third party marketing partners, email marketing platforms, data co-ops, service providers related to our mail catalogs, fulfillment services, distributors, payment processors, and customer service. These companies, as allowed by law, may use the shared personal information for their own marketing or commercial purposes. If you would like to opt-out of O'Neill's mail catalogs or marketing e-mails, please FILL OUT THIS FORM.
• To provide our Website and administer promotional programs, we may share your personal information with our third-party promotional and marketing partners, including, without limitation, businesses participating in our various programs.
• We may, from time to time, share personal information to other companies who may provide you information about the products and services they or their partners offer. However, to the extent required by law, you will be given the opportunity to opt out of such sharing.
• We may also disclose personal information to our parent companies, subsidiaries, affiliates, joint ventures, or other companies under common control to support the marketing and sale of our products and services.
• We may share non-personal information (such as the number of daily visitors to a particular web page, or the size of an order placed on a certain date) with third parties such as advertising partners.
• We may publicly disclose the name, city, state and other information of contest and sweepstakes winners.
• We may post or publish anything you post on our sites when you submit comments, stories, photos, blog postings and videos in connection with our sites or if others send us anything about your activities or postings.
• Personal information may be shared as part of a corporate business transaction, such as a merger or acquisition of all or a portion of our business to another company, joint venture, corporate reorganization, financing or sale of company assets. It may also be shared in the event of insolvency, bankruptcy or receivership in which personal information could be transferred to third parties as one of the business assets in the transaction 
• We may share personal information (i) to comply with laws or to respond to lawful requests and legal process, (ii) to protect the rights and property of the Company, our agents, and others, including to enforce our agreements, policies, and terms of use, or (iii) in an emergency to protect the personal safety of the Company, our customers, or any other person.

YOUR CHOICES

You may opt out of receiving promotional emails from the Company by following the instructions in those emails. You may also change your postal mail and email preferences by contacting us at customerservice@oneillclothing.com. If you opt out, we may still send you non-promotional emails, such as emails about your purchases, account or our ongoing business relations.

If your personal information changes, we invite you to correct or update your information by contacting us at the addresses below. You can also request changes to your personal information and request that we not disclose your information to third-parties for their own marketing purposes by contacting us at the addresses below.

You can choose to stop collection of data by cookies on our site. Cookies set by the Company’s agent can be disabled by visiting oneillclothing.com. You may also set your browser to remove and reject cookies set by the Company. This may not affect third party “flash cookies” used in connection with videos you may view on our site. To manage and disable “flash cookies” set by Adobe Systems Inc., visit Adobe Flash Player privacy and security. If you choose to remove cookies or reject cookies, this could affect certain features or services of our sites.

SECURITY OF PERSONAL INFORMATION

The Company endeavors to use commercially reasonable physical, electronic, and procedural measures to protect personal information from loss, misuse, unauthorized access, disclosure, alteration, and destruction while it is under our control.  While we use commercially reasonable precautions to safeguard your personal information, we cannot guarantee complete security. 100% complete security does not presently exist anywhere online or offline.

RIGHT TO KNOW

You may request that we provide you for the last 12 months a list of the categories of personal information we have collected about you, the categories of sources from which it was collected, the business purpose for collecting or “selling” the information, and the categories of “third parties” to whom we disclosed or “sold” that information. You may also request that we provide you in a machine-readable format a copy of the specific pieces of personal information we have collected about you in the past 12 months. You may make a request to know up to two times in a 12-month period, subject to limitations described in the law. For a list of general categories of information that we have collected and shared in the past 12 months, see our Privacy Policy.

RIGHT TO DELETE

You may request that we delete any personal information that we have collected from you. However, the law exempts certain information from deletion. For example, we may keep information necessary for security and fraud detection. We also may keep information needed to provide you goods or services. When we respond to your request to delete, we will explain what (if any) information we have kept and why. Please note that the law does not consider anonymized or pseudonymized information to be “personal information,” and we may “delete” your information by anonymizing or pseudonymizing it.

PRIVACY REQUEST

If you would like to exercise your rights, please contact us at our support@oneillclothing.com or call us at (855) 554-5930.

CALIFORNIA CONSUMER PRIVACY ACT

The California Consumer Privacy Act (CCPA) creates new consumer rights for residents of the state of California relating to the access to, deletion of, and sharing of personal information that is collected by businesses. To learn more visit our CCPA Page.

AGE

Our sites are directed at teenagers and adults and not to children under the age of 13. We do not knowingly collect personally identifiable information from children under the age of 13, nor do we knowingly distribute such information. We do not knowingly allow children under the age of 13 to publicly post or otherwise distribute personal information through our sites. Similarly, because we do not collect any personal information from children under the age of 13, we do not condition the participation of a child under 13 in activities on providing personal information. If we become aware that we have inadvertently received personal information from someone under the age of 13, we will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personal information from children under the age of 13.

As you browse oneill.com, advertising cookies will be placed on your computer so that we can understand what you are interested in. Our display advertising partners, including Criteo, Rakuten, Google, and Facebook, then enable us to present you with retargeting advertising on other sites based on your previous interaction with oneill.com. The techniques our partners employ do not collect personal information such as your name, email address, postal address or telephone number.

CHANGES TO THIS POLICY

The Company may change this Policy from time to time. If we make any changes to this Policy, we will notify you by changing the “Effective Date” date above or as required by law.

CONTACT US

If you have any questions, comments or concerns about this Policy or about our privacy practices, please contact us as follows:

O’Neill Clothing
14350 Myford Road
Irvine, CA 92606, USA

855-554-5930

 

O'Neill Messaging Service Privacy Policy

This Messaging Service Privacy Policy explains how O'neill (hereinafter, "O'Neill," "We," "Us," "Our") collects, uses, and shares personal information about you in relation to Our text message marketing program (the "Messaging Service"). This Messaging Service Privacy Policy supplements Our Primary Privacy Policy. For more details, see the section titled "Primary Privacy Policy" below.

Changes to the Messaging Service Privacy Policy
We may revise this Messaging Service Privacy Policy from time to time in our sole discretion. If there are any material changes to this Messaging Service Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Messaging Service Privacy Policy if you continue to use the Messaging Service after the new Messaging Service Privacy Policy takes effect.

Personal Information We Collect
When you sign up for the Messaging Service, We collect personal information such as your name, phone number, and email address. When you use the Messaging Service to send or receive messages, We collect communications metadata (e.g., the time/date a message was sent or received) and the contents of any communications you send or receive via the Messaging Service.

We may also collect information about you using cookies or similar technologies on Our website or other digital properties. Cookies are small text files placed on device browsers that store preferences and facilitate and enhance your experience. Cookies enable personalization of your experience via the Messaging Service (e.g., sending you personalized text messages such as shopping cart reminders).

If you participate in a contest, sweepstakes, research study, or email survey associated with the Messaging Service, We will collect basic contact information and any other information you choose to provide in connection with these activities. We will also collect your personal information if you contact Us with questions about the Messaging Service or for customer service.

Use of Personal Information
We use your information to deliver, analyze, maintain and support the Messaging Service. We may also use your information to enhance the Messaging Service features and customize and personalize your experiences on the Messaging Service.

We may use your personal information to generate aggregated and/or de-identified information. Aggregated and/or de-identified information is not personal information and may be shared with any third party, including advertisers, promotional partners, and sponsors.

Sharing of Personal Information
We may share your personal information as contemplated in Our primary privacy policy, if you consent to Us doing so, as well as in the following circumstances:

• Third Parties that Help Provide the Messaging Service. We may share your personal information with third parties that help Us provide the Messaging Service (including, but not limited to, platform providers, phone companies, and other vendors who assist us in the delivery of text messages).
• Legal Requirements, Disclosures to Protect Us or Others. We may disclose any information We store associated with you to external parties if We, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, Our, or others' rights, property, or safety; enforce Our policies or contracts; collect amounts owed to Us; or assist with an investigation or prosecution of suspected or actual illegal activity.

Accurate Information
When you complete forms online or otherwise provide Us information in connection with the Messaging Service, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Messaging Service for an ulterior purpose, We may refuse you access to the Messaging Service and pursue any appropriate legal remedies.

Choices and Controls
Text messages may be sent via an automatic telephone dialing system. Consent to receive automated marketing text messages is not a condition of any purchase. You can opt-out of receiving further commercial text messages via the Messaging Service by responding to any of Our text messages with any of the following replies: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. For additional opt-out information, please review Our Terms of Service.

Customer Care
If you are experiencing any problems with the Messaging Service, please visit https://us.oneill.com and submit the form with details about your problem or your request for support, or email support@oneillclothing.com.

Supplemental California Privacy Notice
This Supplemental California Privacy Notice only applies to Our processing of personal information via the Messaging Service that is subject to the California Consumer Privacy Act of 2018 ("CCPA"). The CCPA provides California residents with the right to know what categories of personal information We have collected about them and whether We have disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding twelve months. California residents can find this information below:

Category of Personal Information Collected by Us	Categories of Third Parties Personal Information is Disclosed to for a Business Purpose
Identifiers	• Service providers
Personal information categories listed in Cal. Civ. Code § 1798.80(e)	• Service providers
Commercial information	• Service providers
Internet or other electronic network activity	• Service providers
Inferences drawn from other personal information to create a profile about a consumer	• Service providers

The categories of sources from which We collect personal information and Our business and commercial purposes for using personal information are set forth above and in Our primary privacy policy.

Additional Privacy Rights for California Residents

Individual Rights under the CCPA.
The CCPA provides California residents with the right to request:

• Access to Personal Information, including obtaining access to or a copy of your personal information.
• Deletion of Personal Information

If you are a California resident and would like to exercise any of your rights under the CCPA, please contact Us at support@oneillclothing.com. We will process such requests in accordance with applicable laws.

"Sales" of Personal Information under the CCPA. For purposes of the CCPA, unless otherwise stated in Our primary privacy policy, We do not "sell" personal information, nor do we have actual knowledge of any "sale" of personal information of minors under 16 years of age.

Non-Discrimination. California residents have the right not to receive discriminatory treatment by Us for the exercise of their rights conferred by the CCPA.

Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. To designate an authorized agent, please contact Us at support@oneillclothing.com.

Verification. When you make a request, We will ask you to provide sufficient information that allows Us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include confirming the email address or phone number associated with any personal information We have about you.

Primary Privacy Policy

By signing up to receive text messages from us, you also agree to Our Primary Privacy Policy. This Messaging Service Privacy Policy is strictly limited to the Messaging Service and does not limit or restrict any other privacy policy(ies) that may govern the relationship between you and Us in other contexts.