Privacy Policy

LAST UPDATED: May 16th, 2024

This Privacy Policy ("Policy") explains how Johnny Was LLC ("Johnny Was," "we," or "us") collects, uses, and discloses personal information about you. This Policy applies to information we collect when you access or use our website and other online products and services that link to this Policy (collectively, the "Services"), shop in our stores, communicate with customer service, or otherwise interact with us. Please review this Policy carefully. We may provide different or additional notices of our privacy practices with respect to certain products or services, in which case this policy will not apply.

We may change this Policy from time to time. If we make changes to this Policy, we will notify you by revising the date at the top of the Policy. If we make material changes, we will provide you with additional notice (such as by adding a statement to the Services or sending you a notification). We encourage you to review this Policy regularly to stay informed about our information practices and the choices available to you.

CONTENTS

• Collection of Personal Information
• Use of Personal Information
• Targeted Advertising and Analytics
• Disclosures of Personal Information
• Your Privacy Choices
• Additional Information
• Contact Us

COLLECTION OF PERSONAL INFORMATION

The categories of personal information we collect and the sources from which we collect it depend on your interactions with us and are described in more detail below.

PERSONAL INFORMATION YOU PROVIDE DIRECTLY TO US

We collect personal information directly from you, including when you engage in any of the activities listed below:

• Place an order from our website;
• Make a purchase at one of our stores;
• Return an item or make an exchange from a previous purchase;
• Inquire about our products or services;
• Contact us to request assistance or provide feedback, including communication with customer service;
• Interact with our store associates, such as via our personal shopper or chat with a stylist services;
• Create an online account and profile;
• Subscribe to receive our emails or text messages;
• Enter a contest or sweepstakes;
• Submit a product review;
• Participate in a marketing survey, promotion, or event; and
• Interact with us on social media, including by posting content and tagging us.

The types of personal information we collect directly from you may include your name, email address, postal address, phone number, birthday, marketing and communications preferences, product, style, and budget preferences, size information, account information, information provided in your survey responses (such as name, city, state, age range, height, and body type), and any other information you choose to provide.

If you make a purchase from us, we work with third-party payment processors and financing partners to collect and process your payment information.

PERSONAL INFORMATION WE COLLECT AUTOMATICALLY

We automatically collect personal information when you access and use our Services or shop in our stores, including:

• Device and Usage Information: We collect information about how you access and use our Services, including device information, such as your browser type, hardware model, operating system version, IP address, unique device identifiers, and language settings. We also collect information about your activity on our Services, such as items placed in your shopping cart, your access times, pages viewed, the routes by which you access our Services, and your use of any hyperlinks available within our Services.
• Transaction Information: When you make a purchase or return, we collect information about your transactions, including records of products or services you purchased, returned, or are considering purchasing from us, the purchase price, and the date and location of the transaction.
• Information collected via cookies, web beacons, and other tracking technologies: We (and those that perform work for us) use cookies, pixels, web beacons, and other tracking technologies to collect information about your browsing behavior, purchase behavior, and other engagement with our Services. For example, we may use cookies or similar technologies to send a text or email reminder if you leave items in your shopping cart. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular, and count visits. Web beacons (also known as “pixel tags” or “clear GIFs”) are electronic images that we use on our Services and in our emails to help deliver cookies, count visits, and understand usage and campaign effectiveness. See the "Targeted Advertising and Analytics" and "Cookies and Similar Tracking Technologies" sections below for further information.
• Video, Images, and Audio: We collect video recordings and photographs in our stores for security, fraud, and loss prevention purposes, and we may record calls you place to customer service.

PERSONAL INFORMATION WE COLLECT FROM OTHER SOURCES

We may collect personal information about you from other sources. For example, we may collect personal information about you from:

• Other customers who provide information about you, such as to send you a gift;
• Order processing partners, such as fraud prevention partners, shipping partners, and fulfillment partners;
• Marketing and advertising companies, data co-ops and mailing list providers, and market research companies; and
• Third party single sign on providers (such as Amazon).

The types of personal information we collect from other sources may include name, email address, mailing address, billing address, birthday, product preferences, and product purchases.

PERSONAL INFORMATION WE DERIVE

We may derive information or draw inferences about you based on the information we collect. For example, we may infer your approximate location based on your IP address or that you are interested in purchasing certain products based on your browsing behavior on our Services.

USE OF PERSONAL INFORMATION

We use the personal information we collect to provide, maintain, and improve our products and services. We also use personal information to:

• Communicate with you about products, services, contests, promotions, and other information offered by Johnny Was and others that we think will interest you unless you have opted out of such communications (see "Opting Out of Marketing Communications" for more information);
• Administer and fulfill our contests, sweepstakes, and other promotions and deliver rewards;
• Identify, report, and repair errors that impair the functionality of our Services;
• Analyze trends and statistics, learn more about your shopping preferences and your interaction with our Services, and improve your shopping experience;
• Detect, investigate, and prevent security incidents and protect against malicious, deceptive, fraudulent, or illegal activity;
• Respond to your comments, questions, and requests and provide customer service;
• Personalize and improve the Services and provide content or features that match your profile and interests;
• Target advertisements to you on third-party platforms and websites unless you have opted out (see the "Targeted Advertising and Analytics" for more information); and
• Comply with our legal and financial obligations.

TARGETED ADVERTISING AND ANALYTICS

We engage others to provide analytics services, serve advertisements, and perform related services across the web and in mobile apps. These entities may use cookies, web beacons, SDKs, device identifiers and other technologies to collect information about your use of the Services and other websites and applications, including your IP address and other identifiers, web browser and mobile network information, pages viewed, time spent on pages or in apps, links clicked, and conversion information. This information is used to deliver advertising targeted to your interests on other companies’ sites or mobile apps and to analyze and track data including to understand how our ads perform and, determine the popularity of certain content, and better understand your online activity. You can turn off cookies used for ad targeting purposes by clicking the "Your Privacy Choices " link found in the footer of our website and following the instructions in the pop-up window.
In addition, some of our advertising partners enable us to translate your email address or phone number into an identifier that can’t be used to identify you personally. Our advertising partners then use that unique identifier to show ads that are more relevant to you across the web and in mobile apps.
Some of the activities described in this section may constitute “targeted advertising,” “sharing,” or “selling” under certain state privacy laws. See ”Additional Information” for more information and the privacy rights available.

You can also learn more about interest-based ads and opt out of having your web browsing information used for behavioral advertising purposes by companies that participate in the Digital Advertising Alliance, by visiting www.aboutads.info/choices, or, if you reside in the European Union, by visiting www.aboutads.info/choices.eu.

DISCLOSURES OF PERSONAL INFORMATION

In certain circumstances, we may disclose the personal information we collect about you. We disclose the categories of personal information described in ”Collection of Personal Information” above in the following ways:

• Corporate Affiliates. We may disclose personal information to our holding company, subsidiaries, and corporate affiliates for the purposes described in the ”Use of Personal Information” section above.
• Vendors and Service Providers. We make personal information available to our vendors, service providers, and contractors who perform services on our behalf, such as companies that assist us with web hosting, shipping and delivery, fraud prevention, customer service, surveys, financing and payment processing, analytics, and marketing and advertising.
• For Marketing Purposes. We may share your personal information with third parties, including data cooperatives, for their own marketing purposes or to expand the reach and effectiveness of our own marketing campaigns.
• Corporate Transactions. Personal information may be disclosed or transferred as part of, or during negotiations of any purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization, or financing involving Johnny Was.
• Professional Advisors. We disclose personal information to our legal, financial, insurance and other advisors in connection with the kinds of corporate transactions described above or in connection with the management of Johnny Was’s business or operations.
• Law Enforcement Authorities and Individuals Involved in Legal Proceedings. We may disclose personal information about you, if necessary, in our good faith judgment, to comply with laws or regulations or in response to a valid subpoena, order, or government request, or to protect the rights, property, or safety of Johnny Was or others.
• Consent. We make personal information available to third parties when we have your consent, or you intentionally direct us, to do so.

We also disclose aggregated or de-identified information that cannot reasonably be used to identify you. Johnny Was processes, maintains, and uses this information only in a de-identified fashion and will not attempt to re-identify such information, except as permitted by law.

YOUR PRIVACY CHOICES

You can review and modify your online account information at any time. To access your online account, simply click "My Account" at the top of any web page and sign in when prompted. You can also update your account information by calling customer service at 1.866.942.8860.

If you would like to stop receiving promotional emails or text messages from us, please unsubscribe by following the instructions in those communications or log in to your account to manage your newsletter subscriptions. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.

As described above, Johnny Was uses cookies and similar tracking technologies for various purposes, including to analyze visits to our websites and deliver targeted advertising on other companies’ sites or mobile apps. You can turn off cookies used for ad targeting purposes by clicking the "Your Privacy Choices " link found in the footer of our website and following the instructions in the pop-up window. In addition, most web browsers are set to accept cookies by default. If you prefer, you can usually adjust your browser settings to remove or reject browser cookies. Please note that removing or rejecting cookies could affect the availability and functionality of our Services.

ADDITIONAL INFORMATION

Our Policy explains how we collect, use, and disclose information about you, as well as our targeted advertising and analytics practices . As required by certain state laws, including California, Colorado, Connecticut, Oregon, Montana, Texas, Utah and Virginia (“State Laws"), below we use two different tables to explain this same information, including the categories of personal information we collect (and have collected over the preceding 12 months), the types of entities to which we disclose such information, and the ways we use each category of information.

We disclose the following categories of personal information to third parties for the purpose of engaging in targeted advertising and other marketing activities, including to expand the reach and effectiveness of our own marketing campaigns and for the third parties’ own marketing purposes. These disclosures may be considered “sales” or “sharing” or use of personal information for “targeted advertising” under certain State Laws.

Some of the activities described in the “Targeted Advertising and Analytics” section above may be considered “sales” or “sharing” of your personal information or use of your information for “targeted advertising” under the law that applies to you. You may opt out of these activities following the prompts here or by visiting our Services with a legally-recognized opt-out preference signal enabled, such as the Global Privacy Control.

In addition, we disclose your information to other entities for marketing purposes as described in “Disclosures of Personal Information” above. Such disclosures may constitute “sales” of your personal information under the State Laws, and you may opt out of such activities by following the instructions here.

You have the right to request deletion of your personal information. If you reside in California, Colorado, Connecticut, Oregon, Montana, Texas, Utah, and Virginia, you also have the right to (1) request to know more about and access your personal information, including in a portable format, and (2) request correction of inaccurate personal information. To request access, deletion, or correction of your personal information, please fill out our webform. You may also call 1.866.942.8860 to submit a request. Once we receive the request, we will validate the information that you provide and send a message to the email address you provided in the request. Please follow the instructions in that email to verify your email address and/or provide any additional information that may be needed to process your request.

We will not discriminate against you for exercising your privacy rights.

If we deny your request, you may have the right to appeal our decision by contacting us at info@johnnywas.com . If you have concerns about the result of an appeal, you may contact the attorney general in the state where you reside.

If you are from California, Colorado, or Connecticut and submit a rights request via an authorized agent, we me ask your authorized agent to submit proof of their authorization to make the request, such as a valid power of attorney or proof that the agent has signed permission from you to make the request. In some cases, we may also contact you to verify your identity or confirm you have authorized the request.

We offer various financial incentives. For example, we may provide discounts or other benefits to customers who sign up to receive our marketing emails or marketing text messages. When you participate in a financial incentive, we collect personal information from you, such as identifiers (like your email address or phone number), commercial information (like your purchase preferences and interests or purchase history), professional information, inferences drawn about your preferences, and other categories of personal information that relate to or are reasonably capable of being associated with you. We share this information with our cloud service providers and marketing and advertising partners. You can opt into a financial incentive by following the sign-up or participation instructions provided. If you later decide to opt out, you may do so at any time, such as by following the unsubscribe instructions in the applicable program’s terms and conditions, promotional emails, or contacting us. If you request that we delete any of your personal information that is essential to providing you with the financial incentive, we will not be able to provide you with the benefits of that program (e.g., if you ask us to delete your email address, we will no longer be able to provide you with early access to sales or other benefits via email). In some cases, we may provide additional terms and conditions, which we will provide to you when you sign up. The value of your personal information is reasonably related to the value of the offer or discount presented to you.

California's "Shine the Light" law requires certain businesses to respond to requests from California customers asking about the businesses' practices related to disclosing personal information to third parties for the third parties' direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties' direct marketing purposes if the customer has exercised an option to opt-out of such disclosures. We have such a policy. If you want to opt out of these disclosures of your information please submit your request here.

FOR CUSTOMERS RESIDING OUTSIDE OF THE UNITED STATES

If you are making a purchase on our website that will be shipped outside of the United States, such purchase is made through a separate company, Global-e, rather than Johnny Was. When you purchase through Global-e, the information you provide and other transaction information is received by both Global-e and Johnny Was (except for payment information, which is processed exclusively by Global-e or its payment processors). Johnny Was will handle this information in accordance with this Policy. Global-e and its payment processor will handle this information in accordance with Global-e’s (or the payment processor’s) privacy policy. If you have questions about how Global-e collects, uses, and discloses your personal information, please contact Global-e or review its privacy-policy.

If you are located in the European Economic Area (“EEA”), the United Kingdom, or Switzerland, you have certain rights and protections under the law regarding the processing of your personal data, and this section applies to you.

When we process your personal data, we will do so in reliance on the following lawful bases:

• To perform our responsibilities under our contract with you (e.g., providing the products and services you requested).
• When we have a legitimate interest in processing your personal data to operate our business or protect our interests (e.g., to provide, maintain, and improve our products and services, conduct data analytics, and communicate with you).
• To comply with our legal obligations (e.g., to maintain a record of your consents and track those who have opted out of marketing communications).
• When we have your consent to do so (e.g., when you opt in to receive marketing communications from us). When consent is the legal basis for our processing your personal data, you may withdraw such consent at any time.

We store other personal data for as long as necessary to carry out the purposes for which we originally collected it and for other legitimate business purposes, including to meet our legal, regulatory, or other compliance obligations. For example, we retain a record of your transaction to protect ourselves in the event of a legal dispute; consequently, we generally retain this data for at least the statutory limitation period on contractual claims.

You may be presented with an opportunity to receive information and/or marketing offers from Johnny Was and our affiliated businesses, partners and agents. If you agree at that time to receive such communications, your Personal Information will be disclosed to that third party (or parties). For more information, please refer to the Marketing Communications section above.

Johnny Was is a U.S. company, and so your personal data will be processed by us in the United States. The privacy laws in the U.S. may not be as protective as those in your country of residence. Wherever your personal data is processed, we will handle it in accordance with this Policy. Where required by law, we provide adequate protection for the transfer of personal data, such as by executing Standard Contractual Clauses. You may contact us at info@johnnywas.com if you have any questions about the safeguards we implement.

Subject to certain limitations, you have the right to request access to the personal data we hold about you and to receive your data in a portable format, the right to ask that your personal data be corrected or erased, and the right to object to, or request that we restrict, certain processing. If you would like to exercise any of these rights, please contact us at info@johnnywas.com . In addition, please review the options we offer in the Your Privacy Rights and Choices section.

If you have a concern about our processing of personal data that we are not able to resolve, you have the right to lodge a complaint with the Data Protection Authority where you reside. Contact details for your Data Protection Authority can be found using the links below:

For individuals in the EEA: https://edpb.europa.eu/about-edpb/board/members_en

For individuals in the UK: https://ico.org.uk/global/contact-us/

For individuals in Switzerland: https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact.html

CONTACT US

If you have any questions about this Policy or our information practices, please contact us at:

1.866.942.8860
info@johnnywas.com

Johnny Was
Attn: E-Commerce Department
712 S Olive Street
Los Angeles, California 90014