PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

Effective Date and Last Revised: May 8th, 2020

This privacy notice for California residents (“notice”) supplements the information contained in the privacy policy of Indochino Apparel Inc. (“Indochino”, “we,” “our” or “us”) and applies in certain circumstances solely to all natural persons who are California residents (”consumers” or “you”).

The California Consumer Privacy Act of 2018, as amended (collectively, the “CCPA”) defines "personal information" broadly as information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. This notice also uses that definition for personal information.

CATEGORIES AND SOURCES OF PERSONAL INFORMATION WE COLLECT

Please refer to WHAT INFORMATION DO WE COLLECT? in our privacy policy to understand the categories of personal information we collect from or about you and the sources from which we obtain personal information.

Please refer to WHAT INFORMATION DO WE COLLECT? in our privacy policy to understand the categories of personal information we have collected from or about consumers in the preceding twelve (12) months and the categories of sources from which we have obtained such categories of personal information in the preceding twelve (12) months.

OUR COLLECTING, USING, DISCLOSING OR SHARING PERSONAL INFORMATION

We disclose or share personal information from or about you with our service providers, third parties and/or other parties for business purposes, such as operational purposes and other purposes related to providing you with the products and services you seek from us. We provide more information about the business purposes for which we disclose or share personal information in HOW WE USE YOUR INFORMATION and DO WE DISCLOSE OR SHARE THE INFORMATION WE RECEIVE? in our privacy policy. We may disclose or share any of the categories of personal information listed in WHAT INFORMATION DO WE COLLECT? in our privacy policy for business purposes.

Please refer to HOW WE USE YOUR INFORMATION and DO WE DISCLOSE OR SHARE THE INFORMATION WE RECEIVE? in our privacy policy to understand the business purposes or commercial purposes for which we have collected personal information in the preceding twelve (12) months.

We have disclosed or shared personal information for business purposes in the preceding twelve (12) months as described in DO WE DISCLOSE OR SHARE THE INFORMATION WE RECEIVE? in our privacy policy. Any of the categories of personal information listed in WHAT INFORMATION DO WE COLLECT? in our privacy policy may have been disclosed or shared for business purposes in the preceding twelve (12) months.

We may disclose or share personal information from or about you with the categories of third parties as described in DO WE DISCLOSE OR SHARE THE INFORMATION WE RECEIVE? in our privacy policy. We may disclose or share any of the categories of personal information listed in WHAT INFORMATION DO WE COLLECT? in our privacy policy

Please refer to DO WE DISCLOSE OR SHARE THE INFORMATION WE RECEIVE? in our privacy policy to understand the categories of third parties with whom we have disclosed or shared personal information in the preceding twelve (12) months

We disclose or share personal information with our service providers, third parties and/or other parties, including to help us market or advertise to you. Please see WHAT INFORMATION DO WE COLLECT? in our privacy policy.

California law may characterize our disclosing or sharing of the following categories of personal information with service providers, third parties and/or other parties, to help us market or advertise to you, as a sale of personal information (including in the preceding (12) months):

  • Device and browsing information and other Internet activity information, such as operating system, browser type, Internet Protocol (IP) address, platform type, device type, unique device identifier, software and hardware attributes, domain name of your Internet service provider, your geographic location (for example, IP address and geolocation information), information regarding your access to and use of the Service (as defined in our privacy policy), information regarding your access to and use of the Service including content viewed or downloaded, landing pages viewed, browsing activity, dates and times of access, pages viewed, forms you complete or partially complete, search terms, whether you open an e-mail and your interaction with e-mail content, error logs, and other similar information and anonymized information.
  • Purchase or other commercial information, including identifiers and contact information such as name, e-mail address, postal address, telephone number, age and/or date of birth, and payment type and information about your actual and considered transactions and purchases with us such as order number and purchase location.
  • Inferences drawn regarding a consumer based on information we collect about a consumer. For example, based on a consumer’s browsing or purchasing activities, we may infer the consumer’s purchasing preferences.

Please refer to HOW WE USE YOUR INFORMATION and DO WE DISCLOSE OR SHARE THE INFORMATION WE RECEIVE? in our privacy policy to understand the purposes for which we may have sold personal information under California law in the preceding twelve (12) months.

YOUR RIGHTS AND CHOICES

ACCESS TO SPECIFIC INFORMATION AND DATA PORTABILITY RIGHTS

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we sold or disclosed or shared your personal information for a business purpose, two separate lists disclosing:
    • sales, identifying the personal information categories that each category of recipient purchased; and disclosures or sharing for a business purpose, identifying the personal information categories that each category of recipient obtained.

DELETION REQUEST RIGHTS

You have the right to request that we delete any of your personal information that we collected from you and retained in certain circumstances. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records in certain circumstances.

EXERCISING ACCESS, DATA PORTABILITY, AND DELETION RIGHTS

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us via e-mail to data@indochino.com or via toll-free telephone at 855-334-0788. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a twelve (12)-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

RESPONSE TIMING AND FORMAT

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to an additional forty-five (45) days), we will inform you of the reason and extension period in writing.

We will deliver our written response via mail or electronically, at your option.

Any disclosures we provide will only cover the twelve (12)-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, namely, via e-mail.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.

PERSONAL INFORMATION SALES OPT-OUT AND OPT-IN RIGHTS

If you are sixteen (16) years of age or older, you have the right, at any time, to direct us to not sell your personal information (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than sixteen (16) years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is at least thirteen (13) years of age and less than sixteen (16) years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by email at data@indochino.com.

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, should you change your mind and wish to opt back in to personal information sales at any time, please e-mail us at data@indochino.com.

We will only use personal information provided in an opt-out request to review and comply with the request.

Please also see www.privacyrights.info or optout.privacyrights.info with respect to service providers, third parties and/or other parties that help us market or advertise to you and that participate in the opt-out tool.

NON-DISCRIMINATION

We will not discriminate against you for exercising any of your CCPA consumer rights.

Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the financial incentive’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

CONTACT INFORMATION

If you have questions about our privacy policies, notices or practices, please contact us using the contact information noted in CONTACT INFORMATION in our privacy policy.

NOTICE UPDATE

We reserve the right to update or modify this notice at any time and from time to time. Please review this notice periodically, and especially before you provide any information or data. This notice was made effective on the date indicated above.

You have the right to request that we delete any of your personal information that we collected from you and retained in certain circumstances. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records in certain circumstances.