California Privacy Rights

This section applies to you if you are a California resident we have collected personal information about from any source, including through your use of our Website(s), by buying our products or services, or by communicating with us electronically, via paper correspondence, or in person. For purposes of this section, “personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California consumer/resident or household. Personal information does not include publicly available information or information that has been de-identified. We partner with Rakuten Advertising, which may collect personal information when you interact with our digital property, including IP addresses, digital identifiers, information about your web browsing and app usage and how you interact with our properties and ads for a variety of purposes, such as personalization of offers or advertisements, analytics about how you engage with websites or ads and other commercial purposes. For more information about the collection, use and sale of your personal data and your rights, please use the below links;

Privacy policy : https://rakutenadvertising.com/legal-notices/services-privacy-policy/

Your rights : https://rakutenadvertising.com/legal-notices/services-privacy-rights-request-form/ For information about our privacy practices with regard to potential and current employees, please see our Employee Privacy Policy by clicking employee privacy policy

A. The Information We Collect We may collect the following categories of personal information about you:

  • Identifiers, which include your first and last name; email address; home or other mailing and billing addresses; telephone number; mobile number; customer profile account number; social security number; tax identification number; driver’s license number; or other information that could reasonably be used to identify you personally;

  • Commercial information, which includes products or services purchased, obtained, or considered; bank account information and other information relating to your financial institution; full and partial credit/debit card number, credit card expiration date; credit application, credit checks, and information from credit reporting agencies; and/or other purchasing or consumer histories or tendencies;

  • Biometric Information, which includes height; weight; and clothing size;

  • Information relating to Internet activity or other electronic network activity, which includes cookie identifiers; clear gifs (a.k.a. web beacons/web bugs); date/time stamp; device platform, device version, and/or other device characteristics/identifiers; browser type; operating system; internet service provider (ISP); referring/exit pages; and clickstream data;

  • Geolocation data, which includes locational information based upon your IP address, Global Positioning System (“GPS”) data, cell network data, and/or other similar locational data, and which may be collected from various devices including your mobile device(s) or vehicle(s); and bluetooth location;

  • Audio, electronic, or visual information, which includes records of calls to or from our customer service centers; and/or video surveillance information;

  • Professional or employment-related information, such as your current and previous employers; assets; income; and/or other information related to your work history or prospective employment;

  • Information not listed above and related to characteristics protected under California or federal law; which includes age; date of birth; gender; race and ethnicity; nationality; marital status; and military service/ veteran status, and

  • Other personal information not listed above and described in California Civil Code § 1798.80(e), which includes signature; physical characteristics or description; and/or bank account number, credit card number, and/or debit card number.

To help you further understand what we do with the above categories of personal information, we have provided you with a matrix of detailing the sources, purposes, and any sharing related to each category. You may review the matrix by clicking RTW CCPA Matrix - Customer Data [ PDF ]

B. What We Do With Your Information We may collect or use personal information from you for the following purposes:

  • Processing, tracking and completing purchase, return and similar transactions, including subscription rental services.

  • Sending you marketing information about the Company and other third parties we work with, including through direct mail offerings and mobile marketing messages.

  • Sending you email communications such as electronic newsletters about our products, services, surveys, events, loyalty programs and promotions.

  • Tailoring your customer experience through personalized content, including ads informing you of new or additional products, services, and promotions which may be of interest to you.

  • Improving the effectiveness, performance, security, and integrity of our websites to improve your experience and enhance our service offerings.

  • Offering you location-based services, e.g., to provide you with information about new Store openings near you or locations where orders can be picked up.

  • Processing account registration, including Runway Rewards credit card applications.

  • Providing customer service, including responding to your inquiries regarding our merchandise or services, as well as capture of information provided during your reviews of our product(s).

  • Notifying you of product recalls or providing other information concerning products you have purchased.

  • Identifying your product and service preferences, including product sizing.

  • Conducting our internal business operations, including logistics, order management, and financial reporting.

  • Enhancing fraud prevention and detection efforts.

C. Sources We Collect Your Information From We may collect personal information from the following categories of sources:

  • Our customers, including private label (Runway Rewards) credit cardholders, including via our websites, mobile applications, telephone, text message, postal mail, social media, forums, message boards, chatbot, or other means.

  • Our different brands.

  • Our service providers, which includes customer relationship management providers, analytics providers, payment processing, website hosting providers, systems administrators, and communications delivery services.

  • Third parties, which include promotional and joint marketing partners, operators of other websites and mobile applications, advertising partners, and other data suppliers.

D. Who We Share Information With We do not sell personal information, with the narrow exception of certain web tracking data, such as third party cookies, as disclosed in this Policy, or otherwise provide personal information to third parties, other than service providers receiving information to perform services for us on our behalf.

We may share your personal information with the following categories of third parties:

  • Our brands

  • Our service providers

  • Our third party advertising partners

In addition, while we generally do not sell your personal information, we do utilize information relating to your Internet activity, such as cookie identifiers, for purposes of our behavioral advertising.

E. Your Privacy Rights If you are a California resident, you have rights under California law with respect to your personal information. To the extent your personal information is not subject to a federal law, a federal exemption, or another legally mandated exception, you have the right to:

  • Right to Know. You have the right to request a copy of your personal information that we collect, use, disclose, and/or sell, as applicable.

  • Right to Delete. You have the right to request the deletion of your personal information that is collected or maintained by us.

  • Right to Opt-Out of Sale. You have the right to opt-out of our sale of your personal information. You may submit the opt out request by clicking Submit A Privacy Request

  • Right to Non-Discrimination. You have the right not to receive discriminatory treatment by us for the exercise of the privacy rights described above.

You may also authorize someone to exercise the above rights on your behalf. As described in our “How to Exercise Your Privacy Rights” section of this policy, please have the authorized individual exercising privacy rights on your behalf behalf submit a request by clicking the following link: Submit A Privacy Request. As the authorized person, when submitting the request, provide either your email address or the email address of the person for whom you are requesting information.

If we have collected information on your minor child, you may exercise the above rights on behalf of your minor child.

In order to exercise the above rights, we must be reasonably able to verify your identity and authority to make these requests. To verify your request(s), we require the following pieces of information for submission: your first name, last name, phone number, mailing address or address of residence, and email address (if applicable). Information you provide is compared to our internal customer database. This process assists the Company in verifying your identity and protecting your information.

F. How To Exercise Your Privacy Rights If you are a California resident and wish to exercise these rights, please reach us in one of the following ways:

For more information regarding this California Privacy Rights Policy, or if you have any questions or concerns, you may contact us in the following ways:

  • Email us at: privacy@retailwinds.com

  • Write us at: NY & Co Ecomm LLC 275 Madison Avenue, 3rd Floor New York, NY 10016 Attn: Legal Department

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.

G. Notice of Right to Opt-Out You have the right to direct our Company not to sell your personal information and to refrain from doing so in the future. While we generally do not sell your personal information, we do utilize information relating to your Internet activity, such as cookie identifiers, for purposes of our behavioral advertising. If you wish to opt-out of such utilization of this information, please do so in one of the following ways:

Please consult the other sections of our Privacy Policy for further information on our practices regarding your personal information.

H. Notice of Financial Incentives We may offer the following financial incentives and/or price or service differences in exchange for the use of your personal information:

  • Email and loyalty program subscriptions. We offer exclusive savings, such as $25 off purchases of $75 or more, when you subscribe to our email or loyalty program. Customers must provide their contact information in order to enroll, including at a minimum your email address. In addition, you may provide your address when completing a customer profile for more personalized offers. The estimated value of the personal information that you provide as part of these promotions is based upon the approximate additional spending per customer, per year, from customers subscribed to our e-mail or loyalty program as compared to non-participating customers.

I. Additional California Privacy Rights Information - Shine The Light Law 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 2020 will receive information about 2019 sharing activities). To make such a request (limit one request per year), please send an email to: carequest@happyxnature.com, with "California Privacy Rights" as the subject line or mail us a letter to: NY & Co Ecomm LLC, 275 Madison Avenue, 3rd Floor, New York, NY 10016, Attn: Customer Service. You must include your full name, email address, and a valid California postal address in your request. Email Address: service@nyandcompany.com

Postal Address: NY & Co Ecomm LLC 275 Madison Avenue, 3rd Floor New York, NY 10016 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.