RTW ASSOCIATE PRIVACY POLICY

Last Updated: 01/27/2020

Effective: 12/31/2019


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), and any interactive features, applications, and or other services that posts a link to this Privacy Policy (each, a "Site").

Your California Associate Privacy Rights

This “Associate Privacy Policy”, also referred to as “employee”, applies to any of RTW Retailwinds, Inc. and its subsidiaries’ (collectively, “Company” or “we”, “our” or “us”) associates, contractors, job applicants, and prospective employees who are California residents and about whom we have collected personal information in the course of employment or application for employment with us (collectively, “you”).

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 resident or household. Personal information does not include publicly available information or information that has been de-identified.

A. The Information We Collect

We may collect the following categories of personal information about you:

    • Identifiers, which include name; associate identification number; driver’s license or other government identification number; social security number; tax identification number; e-mail address; home or other mailing and billing addresses; telephone number; mobile number; vehicle license number; health insurance policy number; and select passwords;
    • Commercial information, which includes bank account and routing number;
    • Biometric information, which includes height, weight, and select medical information;
    • Information relating to Internet activity or other electronic network activity, which includes cookie identifiers; 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; and
    • Audio, electronic, or visual information, which includes photographic image; records of calls to or from call centers related to assistance with store technology and/or employee benefits; and video surveillance information;
    • Professional or employment-related information, which includes current and previous employers; job title and responsibilities; assets; income; and/or other information related to your work history or prospective employment;
    • Education, which includes resume and professional licenses; and
    • Information not listed above and related to characteristics protected under California or federal law, which includes age; gender; marital status; citizenship status; date of birth; family/beneficiary, and dependent information; military service/veteran status; race/ethnicity; union membership; and other information collected during background checks, including criminal records.

B. What We Do With Your Information

We may collect or use your personal information for the following purposes:

    • Associate recruiting and onboarding, including conducting background checks in accordance with applicable laws and regulations
    • Record keeping, including tracking time worked and related benefits
    • Payroll processing
    • Enrolling and processing associate benefits in partnership with third-party administrators and related custodians
    • Providing required tax documentation for current and terminated associates
    • Administering and recording training programs conducted during employment
    • Collecting contact information in the event of emergency
    • Associate claims, fraud prevention and detection
    • Contractor only: processing requests for proposals

To help you understand which types of personal information are used for which of the above purposes, we have provided you with a matrix detailing the purpose related to each category of personal information identified above. You may view the matrix by clicking here RTW CCPA Matrix – Associate Data [PDF]