Privacy & Cookie Policy

(Last updated January 25, 2023)

PLEASE READ THIS PRIVACY & COOKIE POLICY BEFORE USING PACSUN’S SERVICES.

OVERVIEW

Pacific Sunwear of California, LLC ("PacSun," "we," "us," or "our) values its relationship with you, and your privacy is important to us. Below we describe personal information that we may receive in connection with your use of PacSun’s Services (as defined in our Terms of Use), how and why we receive it, your rights and options, and the efforts we make to safeguard it all. If you reside in the European Union, please see the Rights of European Union Residents section below. If you reside in the United States, please see the U.S. Privacy Options These sections provide information regarding the rights afforded to European Union and certain US state residents under the law in those respective jurisdictions and the mechanisms under which residents may exercise their rights. PacSun has decided to allow all its customers and other persons in the US to make the same privacy requests, which we call Personal Data requests, regardless of where they reside and regardless whether their place of residence affords them the legal right to make such requests. PacSun reserves the right to discontinue this policy at any time, and at its sole discretion, and to limit Personal Data requests to only those residents of those jurisdictions with privacy laws affording the applicable rights.

When you provide personal information to PacSun, you agree to provide only true, accurate, current, and complete information.

WHAT THIS PRIVACY POLICY COVERS

This Privacy Policy covers PacSun’s processing as data controller of your personal information, including information we receive when you use PacSun’s Services or share information with any of PacSun’s third-party partners. Please take a moment to familiarize yourself with this policy and contact us if you have any questions.

This Privacy Policy does not apply to the practices of companies that PacSun does not own or control, or to individuals whom PacSun does not employ or manage, including any of the third parties from which PacSun may obtain or to which PacSun may disclose user personal information as set forth in this policy. The practices of such third parties are governed by their respective privacy policies.

POLICY CHANGES

This policy replaces all previous disclosures we may have provided to you about our privacy practices. We reserve the right to change this policy. Any changes to this policy will become effective upon posting of the revised policy on PacSun’s Website. If there are material changes to this policy or our privacy practices, we will notify you prior to their becoming effective by posting a notice on the homepage of the Website, and we will seek your consent where required.

INFORMATION WE RECEIVE ABOUT YOU

We receive information about you when you visit our Websites and/or use our Services. This information includes certain personal information (information that can be used to personally identify you, either directly or indirectly) and certain non-personal information (information that does not permit association with you). In some cases, we may ask you to provide identifying information, such as your name and contact information, in order to access certain Services. We request personal information as is necessary to fulfill our contractual obligations to you and for the limited business purposes identified below. Your disclosure of this information is voluntary. However, if you choose not to provide the requested information, you may be unable to access these Services.

Personal information may be obtained either directly by PacSun or indirectly through its business partners. Please note that we process the following personal information: your first name, last name, date of birth, gender, billing address(es), shipping address(es), email address(es), telephone number(s), payment information (payment method; credit card, debit card, gift card, rewards program, and coupon code information; and “Bill To” address), location information (continent, country, region, state or province, zip code, city, store vicinity, and “Ship To” address), order and purchase history, search queries, product and service preferences, account information (including but not limited to username(s), password(s), and settings), as well as connection, log and browsing data, the device(s) you use to access our Services, operating system, device information, unique device identifiers, Internet Protocol address, referring site/application, app version, visit metrics, action metrics, page view metrics, and search metrics.

HOW WE USE THE INFORMATION WE RECEIVE ABOUT YOU

We may process your personal information for the following purposes as a result of the contractual or pre-contractual relationships between you and us:

• to process your online shopping on our Services, including to implement transactions and to maintain details of your order history;
• to contact you and provide you with the products, services, information and/or assistance you request;
• to manage your electronic subscriptions;
• to manage your participation in sweepstakes, games, and contests in which you have chosen to participate; and
• to address your claims resulting from the performance of agreements between you and us.

Moreover, we also may process your personal information for the following purposes:

• to provide you with suggestions and information in which you may be interested;
• to make and display advertisements and to measure or understand the effectiveness thereof (including but not limited to targeted advertisements); and
• for implementing business analysis

We also may collect and process your personal information for the purposes identified below, which are required in order for us to pursue our legitimate interest:

• to ensure that the information and content available on our Services is presented in an effective manner;
• to improve the clothes we design and/or manufacture, so as to better meet market expectations, and to improve our online platform so that it is easier to use;
• to protect the integrity and operation of our Services, and for internal operations, including troubleshooting, data analysis, testing, research and service improvement;
• to make you aware of any changes to our Services;
• to bring legal action to protect your safety or rights or the safety or rights of PacSun or others; and
• to comply with requests from authorized law enforcement authorities.

HOW LONG WE KEEP YOUR PERSONAL INFORMATION

Your personal data is stored by us and/or our service providers for as long as necessary to fulfill the specific purpose(s) described herein, to the extent permitted by applicable laws. When we no longer have a legitimate business purpose for your Personal Data, or when you request that we delete your personal data (except pursuant to one of the exceptions noted in the US Privacy Options section below), we will remove such information from our systems and records and direct our service providers to do the same, which includes taking steps to anonymize it so that you can no longer be identified from it.

HOW WE PROTECT YOUR PERSONAL INFORMATION

Protecting your personal information is important to us. We use industry standard technology to protect the security of your personal information. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we are committed to protecting your personal information, we cannot ensure or warrant the security of any information transmitted to us.

PERSONAL MOBILE PHONE INFORMATION

Except as necessary to provide you with requested mobile messaging, as required by law, to avoid liability, or to protect our rights or property, we will not disclose your Personal Mobile Phone Information to any persons or entities outside of our company, nor lease, license, rent, transfer, disclose, disseminate or otherwise grant access to such information.

MAKING PURCHASES

We guarantee you will only pay for authorized items that you have ordered.

You will have the option of saving certain information, including your personal information, in our system for your convenience with respect to future purchases. The information is stored in the form of a “cookie” in your computer (for additional information regarding cookies, please see below). Even though you need cookies to be enabled to make an online purchase, it is not necessary to save information via cookies if you choose not to.

By registering an account with PacSun, your checkout will be quicker and more efficient, with easy access to your order history, shipping preferences, wish lists, and special offers. If you're not comfortable shopping online and wish to phone in your order, you are welcome to do so.

ELECTRONIC SUBSCRIPTIONS

If you sign up for our electronic subscriptions, you'll be the first to hear about upcoming sales, online exclusive discounts, contests and more. For example, you can sign up to receive our PacSun email newsletter and outlet emails during check-out and in various locations of the Services.

You'll always be able to unsubscribe from these electronic subscriptions, and we have a Contact Preference Center where you can manage these subscriptions so you only get what you're interested in. For more information, please visit our Contact Preference Center or contact us.

ONLINE CONTESTS AND SWEEPSTAKES

We're always throwing down new, fun online contests and sweepstakes at PacSun. Enter, you could win!

Most sweepstakes and contests are open to U.S. residents age 13 and older, If you are over this age, but under the age of majority in your state, make sure you get your parent’s permission before entering any personal info.

To enter a given sweepstakes or contest, you may need to provide certain information to us, including personal information. If you are one of our winners, we'll use this information to contact you. Contest sponsors may utilize your info based on which opt-in(s) you have selected on the sweepstakes or contest entry pages.

COOKIES AND OTHER TRACKING TECHNOLOGIES

Cookies are data files saved to your computer’s hard drive when you visit a site. A “session cookie” expires immediately when you end your session (i.e., close your browser). A “persistent cookie” stores information on the hard drive so when you end your session and return to the same website at a later date, the cookie information is still available

We use session and persistent cookies, either directly or through a third-party partner, as well as other tracking technologies (including but not limited to pixel tags and web beacons). These cookies enable us to operate our Services as you have requested, and facilitate your browsing and the use of our Services, so that you enjoy a seamless experience (e.g., we will remember which is your preferred language and will display the content of our Services accordingly). Please note that we use cookies to carry out traffic and business analytics as well as statistics activities, which enable us to understand how you use our Services and improve them, as well as to provide you with targeted advertising.

You can choose to have your computer warn you each time a cookie is being sent and decide if you are willing to accept it or not, or you can choose to turn off all cookies. However, if you turn cookies off, you won’t have access to many features that make your site experience more efficient, and some of our Services will not function properly.

If you consent to our use of cookies but later wish to opt out, you may do so at any time through your browser settings, which allow you to delete the cookies that have been set and change your browser settings to block all or part of any further cookies.

DISCLOSURE TO THIRD PARTIES

PacSun relies on third-party vendors and service providers to provide support and assistance for our Services and products. We may share your personal information with such third parties and service providers in order to help us conduct our business and to provide you with the best possible products and services. We may contract with various third-parties and service providers in furtherance of this goal, including but not limited to payment processors, website hosting partners, banks, cookie providers, and others.

We also work with advertising, marketing, and analytics partners to serve ads on this or other sites, using information collected through the use of industry standard technologies such as cookies and pixel tags. These entities may receive information about you over time and across different websites when you use our Services. Our corporate affiliates also may receive your personal information when you use our Services.

If PacSun is sold to or merges with another company, or declares bankruptcy, some or all of the personal information collected about you may be transferred to a third-party as a result of the transfer of assets, subject only to agreement by the acquirer that the personal information will be subject to the same or substantially similar privacy protections as those established by this Privacy Policy.

PacSun collaborates with government agencies and security organizations to prevent fraud and fraudulent use of your information, including your personal information. During fraud prevention investigations, we may share information, including your personal information, with the agencies that assist us, as permitted and required by U.S. law.

Except as otherwise provided in this Privacy Policy, we will only share your personal information with the categories of third parties and service providers described in this Privacy Policy or if we have irreversibly removed any information from which you could be identified, directly or indirectly.

We may collect, use, transfer, and disclose non-personal information for any purpose, including providing it to other parties for marketing, advertising, or other uses.

AUTOMATED-DECISION MAKING TOOLS

We use automated decision-making tools or processes in order to prevent misuse of our website and to prevent fraud when you purchase via our website. This may lead to a refusal of the transaction. Should you not agree with this refusal, please contact our customer service department.

RIGHTS OF EUROEPAN UNION RESIDENTS

Residents of the European Union are entitled to access the personal information we keep about them, ask for the modification of such information, and receive such information in a structured and standard format. Residents of the European Union also may ask us to erase their personal information or restrict us from processing it . A resident of the European Union has the right to object to processing of their personal information. As permitted under European Union law, a resident’s request for erasure and objection to processing of their personal information may be subject to certain restrictions. To exercise such rights, please Contact Us Residents of the European Union also have the right to lodge a complaint with a local regulatory authority about how their personal information has been processed.

US PRIVACY OPTIONS

If you are a US resident, some US states permit you to request information regarding the collection, processing, using, sharing, and selling of your Personal Data and to opt-out of certain types of processing and disclosures.

Except with respect to Requests to Opt-Out of the Sale or Sharing of Personal Information, PacSun will verify the person’s identity before complying with any such requests. For all requests, PacSun will verify a person’s identity by matching the person’s name, email address, and telephone number with its existing records. To verify certain requests related to your Personal Information, PacSun may require a signed declaration under penalty of perjury that the requestor of the information is the person to whom the personal information requested belongs. Therefore, after receiving a request for or in relation to personal information, PacSun will contact the requesting person to obtain the signed declaration. If PacSun cannot verify a person’s identity from the information already in its existing records, PacSun may request additional information from the person which will only be used for the purposes of verifying the identity of the person seeking to exercise the privacy options outlined below and for security or fraud prevention purposes. PacSun will inform the person if it is unable to verify the person’s identify.

Request to Know

A person may request that PacSun disclose to them the following information covering the preceding 12 months:

1. The categories of personal information PacSun has collected about them directly or indirectly including through or by a service provider or contractor;
2. The categories of sources from which the personal information was collected;
3. The business or commercial purpose for collecting or selling personal information;
4. The categories of third parties with which PacSun shares personal information;
5. The categories of personal information about them that PacSun has shared or sold and the categories of third parties to which the personal information was shared or sold;
6. The categories of personal information about them that PacSun has disclosed for a business purpose and the categories of third parties to which the personal information was disclosed;
7. The specific pieces of personal information PacSun has collected about them.

A person also has the option to be informed, at or before the point of collection, as to the categories of personal information to be collected and the purposes for which the categories of personal information shall be used. We will not collect additional categories of personal information or use personal information collected for additional purposes without providing you with notice consistent with this section.

A person may request the disclosure of the information listed above by calling (877) 372-2786 or submitting a Personal Information Request.

Request to Delete

A person has the right to request that PacSun delete any personal information about the person , and that PacSun direct any service provider, contractor, or third party to delete the person’s personal information from its records. Such a request may be referred to as a Request to Delete. However, your personal information may not be deleted under certain circumstances allowed by law, including (but not limited to) where maintenance of your Personal Data is necessary to: complete the transaction for which the Personal Data was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, to provide a good or service that you requested, or to otherwise perform a contract between us and you; or to detect security incidents, protect against or prosecute fraudulent or illegal activity; to comply with a legal obligation. A person may request the deletion of their personal information by calling (877) 372-2786 or submitting a Personal Information Request. Request for Correction

Request for Correction

A person may request that we correct any inaccurate Personal Information about you. This request can be made by calling toll-free at (877) 372-2786 or submitting a Personal Information Request.

Right to Opt-Out from Sale or Sharing of Personal Information or Use of Personal Information for Targeted Advertising or Profiling

A person may direct us not to do the following:

1. Sell your Personal Information;
2. Share your Personal Information with third parties for cross-context behavioral advertising;
3. Limit the use of your Sensitive Information unless the use is permitted by applicable law; Use your Personal Information for targeted advertising;
4. Use your Personal Information for profiling that produces legal or similarly significant effects concerning you.

A person may exercise any of the opt-out options listed above by calling toll-free at (877) 372-2786 or submitting a Personal Information Request.

Appeal a Denial of a Request

Should we deny your Personal Information Request, you may appeal the denial within 60 days from receipt of our decision on your request. You may submit an appeal by calling this toll-free number at (877) 372-2786 or [email protected]. If your appeal is denied, we will provide you with an online mechanism, if available, or other method through which you may contact the Attorney General of your state to submit a complaint or express your concerns.

Authorized Agents

A person may use an authorized agent, including, but not limited to, the use of technology such as an Internet link or a browser setting, to submit a Personal Information Request as outlined above. To use an authorized agent, the person must provide the agent with signed authorization. In addition, the person may be required to verify their own identity with PacSun and or directly confirm with PacSun that they authorized the agent to submit the Personal Information Request on their behalf. PacSun may deny a request from an agent that does not submit proof that they have been authorized by the person to act on their behalf. Such requirements, however, will not apply where a person has provided the authorized agent with power of attorney pursuant to the law of their state of residence.

To use an authorized agent, you must provide the agent with signed permission to submit the request. An authorized agent should submit requests to [email protected] and should include proof of signed permission from the underlying data subject to submit the request. An authorized agent may also call our toll free number, (877) 372-2786 to submit a request. We may deny a request from an agent that does not submit signed permission demonstrating that it has been authorized by the data subject to submit the request. For Requests to Delete, Requests to Know, Requests to Access, and Requests to Correct, you may also be required to verify your own identity with us and directly confirm that you have provided the authorized agent permission to submit the request; however, this requirement and the requirement that an authorized agent submit proof of signed permission will not apply if you have provided the authorized agent with power of attorney pursuant to Cal. Prob. Code Sections 4121 to 4130. In addition, the requirement for an authorized agent to obtain and provide written permission from the data subject does not apply to requests made by an opt-out preference signal. PacSun does not currently sell personal information. Should PacSun begin selling personal information, it will update its Privacy Statement accordingly and will provide people the option to opt-out of selling their Personal Information.

PacSun will not discriminate against a person because the person exercised any of their privacy options, including, but not limited to, by:

1. Denying goods or services to the person;
2. Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
3. Providing a different level or quality of goods or services to the person;
4. Suggesting that the person will receive a different price or rate for goods or services or a different level or quality of goods or services.
5. Retaliating against an employee, applicant for employment, or independent contractor for exercising any Personal Information Request.

However, PacSun may charge a person a different price or rate, or provide a different level or quality of goods or services, if the offer is related to the person’s voluntary participation in a bona fide loyalty, rewards, premium features, discounts, or club card program and the difference is reasonably related to the value provided to PacSun by that person’s Personal Information. In addition, PacSun may offer financial incentives, including payments as compensation, for the collection of personal information, the sale or sharing of personal information, or the retention of personal information. PacSun will provide notice of the material terms of a financial incentive program before a person enrolls, and will enter a person into such a program only if the person gives PacSun prior opt-in consent, which may be revoked by the person at any time. PacSun will not use financial incentive practices that are unjust, unreasonable, coercive, or usurious in nature.

Information regarding financial incentives offered by PacSun is provided below. Note that certain US state law requires that PacSun reference specific categories of personal information collected, shared, and sold.. PacSun may collect, sell, or share only certain pieces of personal information described in a given category and may not collect, share or sell certain pieces of personal information described in each category.

In the preceding 12 months, PacSun has collected the following categories of personal information from the following sources and for the following purposes. PacSun may collect only certain pieces of personal information described in a given category and may not collect certain pieces of personal information described in each category.

All of the above categories of personal information are stored by us and/or our service providers for as long as necessary to fulfill the specific purpose(s) described herein and to the extent permitted by applicable laws. When we no longer have a legitimate business purpose for your Personal Data, or when you request that we delete your personal data (except pursuant to one of the above noted exceptions), we will remove such information from our systems and records and direct our service providers to do the same, which includes taking steps to anonymize it so that you can no longer be identified from it.

In the preceding 12 months, PacSun has disclosed for a business purpose the following categories of personal information to the following categories of third parties (to the extent the disclosure was made to a third-party). These disclosures are made for the purposes of collection described in the chart above.

PacSun has made the following good faith estimates of the value of the consumer data that it collects through the above-referenced financial incentive programs. Such estimates are based on the expenses related to the collection of such data, per Regulation 999.337(a)(5) under the CCPA.

The expenses related to the collection of the above consumer data consist of labor costs, software costs, and vendor costs.

PacSun believes that the financial incentives it offers are reasonably related to such consumer data values because PacSun has learned from previous experience that the expenses are required to collect that consumer data as part of the incentive programs, and the incentive programs help drive consumer sales and revenue.

Rights Regarding Personal Information Used for Marketing

If you are a California resident, California law permits you to request information regarding the disclosure of your personal information to third parties for the third parties’ direct marketing purposes. PacSun does not disclose your personal information for third parties’ direct marketing purposes.

California law also permits minors to request and obtain deletion of certain posted content. For additional information or to make such a request, please contact us.

CHILDREN

Our Services are not directed to persons under age 13 in the U.S., or the equivalent age in other jurisdictions (such as 16 in the EU). Users must be at least this age to access, use, or register for the Services. We do not knowingly collect, use, or disclose personal information from persons under this age without verifiable parental consent. If we learn that we have collected the personal information of a user under this age without first receiving verifiable parental consent, we will take steps to delete the information as soon as possible.

If you are a parent and you think we have inadvertently collected personal information from your child who is under this age, you may contact us to request instructions on how to delete this content from the Services.

UPDATING YOUR INFORMATION AND PREFRENCES

We offer several ways for you to update your information that is obtained and stored by PacSun, including options to change your account preferences and remove your email from email updates:

• To modify your account information, please let us know by modifying your preferences in the “My Account” section of this Website.
• To unsubscribe from electronic updates, please visit the Contact Preference Center, where you can manage your subscriptions so you only get what you're interested in. You also may click an “unsubscribe” link at the bottom of one of our updates or other electronic communications. You also may click an “unsubscribe” link at the bottom of one of our updates or other electronic communications.
• European Union and US residents may also review “Rights of European Union Residents” and “US Privacy Options” to understand their rights under the laws of those jurisdictions.
• You may also contact us.

Please note that due to email production schedules, after opting out you may receive emails that are already in production.

CONTACT US

If you have questions regarding our Privacy Policy, please contact us.