California Privacy Policy

This California Privacy Policy (this “California Policy”) supplements the Privacy Policy and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopted this California Policy to comply with California privacy laws, including the California Consumer Privacy Act (“CCPA”). Any terms defined in the CCPA and not defined here have the same meaning when used in this California Policy.

  1. Collection and Use of Personal Information: We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”). In addition, we may collect data that is not identifiable to you or otherwise associated with you, such as aggregated data, and is not personal information. To the extent this data is stored or associated with personal information, it will be treated as personal information; otherwise, the data is not subject to this policy.

    1. Use of Personal Information: We collect and process your personal information for our business purposes, which include the following:

      1. Provide the products and services that you have ordered or requested, process and ship orders, send order and shipping confirmations and provide customer service.
      2. Contact you about new products, sales, promotions, special offers, and events, product and customer surveys and new site features.
      3. Comply with your preferences when you opt not to receive promotional communications.
      4. Analyze and improve the Web Site and to provide our customers with a fulfilling shopping experience.
      5. Verify your location and to deliver relevant advertising based on your location (such as to display the location of our nearest retail store to you) and share your location with our service providers as part of our location-based services.
      6. Identify your preferences and optimize your shopping experience our Web Site.
      7. Update and correct the information contained in our database and to provide product recommendations and special offers that we think will interest you.
      8. Detect security incidents, protecting against fraudulent or illegal activity.
      9. Comply with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies, or for other purposes, as permitted or required by law.
      10. As necessary or appropriate to protect the rights, property, and safety of our users, us, and other third parties.
      11. We will not use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you with notice and obtaining your consent.

    2. Who We Share Your Personal Information With: We share personal information with the following categories of third parties:
      1. Affiliates, Partners and Service Providers: We may disclose personal information with our affiliates, strategic and/or marketing partners and with our service providers. Certain of our affiliates and service providers may disclose this personal information to their affiliates and/or service providers whom they engage to perform services related to the Web Site or the operation of our business. Examples of these services include payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, web site evaluation, data analysis and, where applicable, data cleansing.
      2. Legal and Compliance: We may disclose personal information if we believe in good faith that: The law or legal process requires it; we have received a valid administrative request from a law enforcement agency; or such release is necessary to protect our rights, property or safety or those of any of our affiliates, service providers, customers or others.
      3. Sale of Business: We may disclose or transfer your personal information in the event one of our companies is involved in a merger, acquisition, consolidation, sale of our business or substantially all of our assets, or declares bankruptcy.
    3. Personal Information We Collect: The types of personal information we collect about you depends on your interactions with us and your use of the Web Site. Within the last twelve (12) months, we have collected, used, and shared personal information as follows:

    # Category of Personal Information Collected Examples Collected (Yes/No) Sources of Collected Personal Information Business / Commercial Purpose for Use (See “Use of Personal Information” above) Categories of Third Parties with Whom Personal Information is Shared
    1. Identifier Real name, alias, postal address, unique personal identifier, online identifier, IP address, email address, account name, social security number, driver’s license number, passport number, or similar identifiers. Yes You, Automatically or indirectly from you, and Service Providers i-x Service Providers, Legal/Compliance, Sale of Business
    2. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) Name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Yes You, Automatically or indirectly from you, and Service Providers i-x Service Providers, Legal/Compliance, Sale of Business
    3. Characteristics of protected classifications under California or federal law Age, race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). Yes You i-x Service Providers, Legal/Compliance, Sale of Business
    4. Commercial information Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. Yes You, Automatically or indirectly from you i-x Service Providers, Legal/Compliance, Sale of Business
    5. Biometric information No
    6. Internet or other electronic network activity information Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. Yes You, Automatically or indirectly from you i-x Service Providers, Legal/Compliance
    7. Geolocation Physical location of the consumer/device. Yes You, Automatically or indirectly from you, and Service Providers i-x Service Providers, Legal/Compliance
    8. Sensory Data No
    9. Professional or employment-related information No
    10. Non-Public Education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99) No
    11. Inferences drawn from any of the other personal information Inferences drawn from any of the information above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, Inferences drawn from any of the information above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. Yes You, Automatically or indirectly from you, and Service Providers i-x Service Providers, Legal/Compliance
  2. Your California Privacy Rights
  3. California Shine the Light Law:Pursuant to California Civil Code Section 1798.83, if you live in the State of California, you may request certain information about the type of your personal information we share with third parties for direct marketing purposes and the identity of any such third party. Once per calendar year, California residents may request this information by contacting us at the address below. However, we do not disclose personal information protected under the “Shine the Light” law to third parties for their own direct marketing purposes.

    The CCPA provides California residents with the following rights:

    1. Right to Know: You have the right to request that we disclose to you certain information about our collection and use of your personal information over the past 12 months. This includes the following:
      1. The categories of personal information we have collected about you;
      2. The categories of sources from which we collected your personal information;
      3. The categories of personal information that we have sold or disclosed about you for a business purpose;
      4. The categories of third parties to whom your personal information was disclosed for a business purpose;
      5. Our business or commercial purpose for collecting or selling your personal information; and
      6. The specific pieces of personal information we have collected about you.
      7. To learn how to exercise your CCPA rights, click here
    2. Data Portability: You have the right to request a copy of personal information we hold about you.
      • To learn how to exercise your CCPA rights, click here
    3. Right to Deletion: You have the right to request that we delete the personal information we have collected from you and maintained, subject to certain exceptions. Please note that if you request deletion of your personal information, we may deny your request or may retain certain elements of your personal information if it is necessary for us or our service providers to:
      1. Complete the transaction for which the personal information was collected, provide a good or service requested by the consumer, or reasonably anticipated within the context of a business's ongoing business relationship with the consumer, or otherwise perform a contract between the business and the consumer.
      2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
      3. Debug to identify and repair errors that impair existing intended functionality.
      4. Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
      5. Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
      6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the businesses’ deletion of the information is likely to render impossible or seriously impair the achievement of such research, if the consumer has provided informed consent.
      7. To enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer's relationship with the business.
      8. Comply with a legal obligation.
      9. Otherwise use the consumer’s personal information, internally, in a lawful manner that is compatible with the context in which the consumer provided the information.
      10. To learn how to exercise your CCPA rights, click here
    4. Right to Opt-Out: You have the right to opt-out of the sale of your personal information. You also have the right to opt-in to the sale of personal information. Please see our “Notice of Right to Opt-Out” by clicking on this “Do Not Sell My Personal Information” link for more information about your opt-out/in rights.
    5. Right to Non-Discrimination: We will not discriminate against you for choosing to exercise your rights under the CCPA. Unless permitted by the CCPA, we will not:
      1. Deny you goods or services.
      2. Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
      3. Provide you a different level or quality of goods or services.
      4. Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services
      5. Some of our products and services, however, may require your personal information. If you choose not to provide your personal information, you may not be able to use those products or services.

  4. Submitting a Verified Consumer Request: To exercise your Right to Know, Data Portability, and Right to Delete, you must provide us with sufficient information to allow us to verify your identity, and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. Once we receive the information you provide to us, we will review it and determine if more information is necessary to verify your identity as required by law, and we may request additional information in order to do so.
  5. To exercise your California privacy rights described above, please submit a verifiable request to us by:

    Only you, or a person authorized by you to act on your behalf, may make a verifiable consumer request related to your personal information.

    You may only make a verifiable consumer request for Right to Know or Data Portability twice within a 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. We will need to verify your identity with at least two (2) pieces of information, such as name and email address.
    • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

    We may deny your request if we are unable to verify your identity or have reason to believe that the request is fraudulent.

    Consumer Request by an Authorized Agent: If any authorized agent submits a consumer request on your behalf, in order to confirm that person or entity’s authority to act on your behalf and verify the authorized agent’s identity, we require an email be sent to privacy@aeropostale.com, along with all of the below items:

    • To verify the authorization to request on behalf of a California resident, one or more of the following: 1) California Secretary of State authorization, 2) written permission from the California resident, or 3) power of attorney.
    • Sufficient information to verify the authorized agent’s identity, depending on the nature of the request.
    • To verify the identity of the California resident for whom the request is being made, provide the information set forth above to comply with the requirements for “Submitting a Verified Consumer Request”.

    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. Making a verifiable consumer request does not require to create an account with us. However, if you do have an existing login, we will require you to log in to submit a request. We will only use personal information provided in a verifiable consumer request to verify the request’s identity or authority to make the request.

    We will acknowledge receipt of the request within ten (10) days of its receipt. We will respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to the email address associated with that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For Data Portability requests, we will provide the responsive information in a portable and, to the extent technically feasible, in a readily useable format that allows you to transmit the information to another entity without hindrance.

    We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

  6. Sale of Personal Information: We never monetize your personal information;however, the CCPA has a broad definition of “sale” that includes transactions other than what would be traditionally considered sales. In the past twelve (12) months, we have “sold” (as defined under the CCPA) the following categories of personal information set forth in the table under “Personal Information We Collect”: Internet, or other electronic network activity information. We have “sold” your personal information to third parties who provide cross-platform advertising and related tracking for our products.
  7. We do not and will not knowingly sell the personal information of minors under the age of 16 without affirmative authorization.

    Do Not Track

    We use analytics systems and providers and participate in ad networks that process personal information about your online activities over time and across third-party websites or online services, and these systems and providers may provide some of this information to us. We do not currently process or comply with any web browser’s “do not track” signal or similar mechanisms.

    Note, however, that you may find information about how to opt out of Google Analytics, DoubleClick online behavioral advertising, and/or block or reject certain tracking technologies in our Cookie Notice.

  8. Modifications and Updates to this California Policy: This California Policy replaces all previous disclosures we may have provided to you about our information practices with respect to the Services. We reserve the right to modify this California Policy at any time. If we modify this California Policy, we will post the revised California Policy on the Web Site and note the date the California Policy was last updated. We also may highlight the link to the California Police, post a notice on the Web Site or send an email describing the changes. You should check the Web Site regularly to see if any recent changes to this California Policy have occurred. Your continued use of the Services following our posting of any revised California Policy will constitute your acknowledgement of the amended California Policy.
  9. Additional Information and Assistance: If you have any questions regarding this California Policy, please send an email to privacy@aeropostale.com or write to us at: Aeropostale.com, Attn: Aéropostale--Privacy Officer, 915 S. Babcock St., Melbourne, FL 32901.
  10. LAST UPDATED JANUARY 1, 2020.