LAST UPDATED: July 26, 2021
By using the Site and/or contacting us by providing any personal information, you consent to the collection and use of information by us in accordance with the terms of this Policy. We may change this Policy from time to time. If we make changes, we will notify you by referring to the ’Last Updated’ legend at the top of this page. We encourage you to review the Policy whenever you interact with us to stay informed about our practices and the choices available to you. If you do not agree with the terms of the revised Policy, you should terminate your use of the Site.
We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household (’Personal Information’) when you sign in to the Website; create an account for online shopping; participate in a contest, promotion or survey; or request other services that require information, registration or subscription. We also keep a record of your product interests and purchases online and automatically receive and record information on our server logs from your browser (including your IP address, cookie information and the page you requested). 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.
Personal Information We Collect Directly From You
Kenneth Cole may make available through the Site functionality (for example, message boards, chat functionality and blogs, among other services) through which you can post comments, information and materials. Please note that any information you post through this type of functionality becomes public information, and may be available to visitors to the Site and to the general public. We urge you to exercise discretion and caution when deciding to disclose information about yourself, or any other information, on the Site. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY INFORMATION YOU VOLUNTARILY DISCLOSE THROUGH PUBLIC FEATURES ON THE SITE.
Personal Information We Collect Automatically
We and our service providers may automatically collect information about you when you use the Site, including:
Personal Information Received from Third Party Sources
We may obtain Personal Information about you from other sources and combine that with the information we collect about you, including:
We may also use the information we collect through the Site in the following ways:
III. Sharing of Personal Information
Service Providers. We work with third party service providers who provide services to Kenneth Cole in connection with the Site. These services may include, but are not limited to, operating the Site, payment processing and authorization, data analysis, order fulfillment, client support, list enhancement and other administrative services. These service providers may include client support specialists, webhosting companies, client data management and enhancement companies, payment processors, fulfillment companies (e.g., companies that fill product orders or coordinate mailings), data analysis firms and email service providers. We may share your information with these third party service providers for the purpose of enabling these third parties to provide these services. These third parties will only be provided with access to your information as needed to perform services on our behalf, and will not be permitted to use this information for any other purpose.
Your Friends. Information you provide when you send a message regarding Site-related content to a friend through the Site, such as your name and your e-mail address, will be shared with your friend.
Third Parties. We may share your Personal Information with third parties under the following circumstances:
Third Party Marketing Communications. From time to time, we may share your information with third parties to allow them to contact you regarding products, programs, services and promotions that they believe may be of interest to you. As noted above, if you would prefer that we do not share your information for marketing purposes, you can opt out by following the link in the “Opt-Out” section below.
Third Party Sponsors. We may share the information you provide in connection with Promotions with third-party sponsors of the applicable Promotion (irrespective of whether the applicable Promotion is hosted by us), or otherwise in accordance with the rules applicable to the particular Promotion. You should carefully review the rules, if any, of each Promotion in which you participate through the Site, as they may contain additional important information about a sponsor’s or other third parties’ use of the information you provide in connection with the Promotion. To the extent that the applicable rules for a Promotion include terms and conditions regarding the treatment of the information you provide in connection with that Promotion that conflict with this Policy, the terms and conditions of the Promotion’s rules will control with regard to the information you provide in connection with that Promotion.
Aggregate Information. Kenneth Cole may share information relating to visitors and users of the Site with affiliated or unaffiliated third parties on an aggregate basis. We note that, while this information will not identify you personally, in some instances these third parties may be able to combine this information with other data they have about you, or that they receive from third parties, in a manner that allows them to identify you personally.
Government Authorities. To the extent permitted by law, we will disclose your information to government authorities or third parties if: (i) required to do so by law or if requested in response to a subpoena or court order or as otherwise compelled to do so in accordance with litigation (e.g., lawful discovery requests); (ii) we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large; or (iii) we believe that you have abused the Site by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws or in violation of our Terms of Service. You should be aware that, following disclosure to any third party, your information may be accessible by others to the extent permitted or required by applicable law.
Successor Relationships. We reserve the right to transfer any and all information that we collect from Site users to an affiliate at any time or to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Kenneth Cole’s business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).
Session cookies: These temporary cookies expire and are automatically erased whenever you close your browser window. We use session cookies to grant our users access to content and to enable actions they must be logged in to do. For example, Kenneth Cole Inc uses session cookies in order to save your shopping bag information so that you can browse from page to page without losing that information. When shopping Kenneth Cole Inc, we recommend you use a cookie-enabled browser in order to avoid having to constantly reenter information.
Persistent cookies: These usually have an expiration date in the distant future and remain in your browser until they expire or you manually delete them. We use persistent cookies to better understand usage patterns so we can improve the site for our customers. For example, we may use a persistent cookie to associate you with your user account or to remember your choices on the Site, but this only works when cookies on our site are enabled. Cookies also enable us to monitor and maintain information about your use of our site. The information we retrieve assists us with tracking your order, improving our site design, products, services, contests, promotions and overall shopping experience.
Third party cookies: We permit limited third parties to place cookies through the Site to provide us with better insights into the use of the Site or user demographics or to provide relevant advertising to you. These third parties may collect information about a consumer's online activities over time and across different websites when he or she uses our website. For example, we may utilize Google Analytics to analyze usage patterns of the Site. Google Analytics generates a cookie to capture information about your use of the Site which Google uses to compile reports on website activity for us and to provide other related services. Google may use a portion of your IP address to identify their cookie, but this may or may not be associated with any other data held by Google.
We do not use technology that recognizes a "do-not-track" signal from your web browser.
Necessary Cookies: These cookies are necessary for the Website to function and cannot be switched off in our system. These cookies are usually only set in response to actions made by you which include a request for services, such as setting your privacy preferences or logging into your account.
Analytics Cookies: These cookies allow us to count visits and traffic sources so we can measure and improve the performance of the Website. They help us to know which pages are the most and least popular and see how visitors move around the Website.
We do not use technology that recognizes a "do-not-track" signal from your web browser.
Interest-Based Advertising. We may partner with third party service providers to serve ads on our behalf on other non-affiliated third party websites or applications. Some of the ads may be personalized, meaning that they are tailored to you based on what we or our third party service provider serving the ad knows about you or your device’s browsing activity. To learn more about advertising networks and to opt-out of interest-based advertising, visit the Digital Advertising Alliance at www.aboutads.info/choicesor the Network Advertising Initiative at www.networkadvertising.org/choices. These opt-out mechanisms rely on cookies to remember your choices with respect to ad-serving on websites. If you delete your cookies, change browsers, or use another computer or device, you will need to repeat the opt-out process.
Security. We employ commercially reasonable security methods and technologies to help secure your personal information, including physical, technological, and organizational protections. We have firewalls and industry standard encryption protocol known as Secure Socket Layer (SSL), in place to help protect against the loss, misuse and alteration of the information under our control. We use GeoTrust QuickSSL Certificates to help ensure your information is secure during transmission with Kennethcole.com. GeoTrust QuickSSL Certificates enable 40-bit to 256-bit encryption, depending on the browser capability and the cipher suite installed on your web server. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please notify us of the problem as soon as possible by contacting us in accordance with Section 6 (‘Contacting Us,’) below (note that if you choose to notify us via physical mail, this will delay the time it takes for us to respond to the problem).
Use of Information Outside Your Country of Residence. The Site is controlled and operated by Kenneth Cole from the United States, and is not intended to subject Kenneth Cole to the laws or jurisdiction of any state, country or territory other than that of the United States. Kenneth Cole does not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Note Regarding the Use of the Site by Children.The Site is not directed to individuals under the age of sixteen (16). We do not knowingly collect Personal Information of children under the age of sixteen (16) on this Site. If you have reason to believe that a child has provided Personal Information to us through the Site, please contact us and we will endeavor to delete that Personal Information from our database.
Updating Your Information. If you would like to review, correct or update any information that you have previously and directly provided to us through the Site, you may contact us at as described in Section IX below (Contacting Us),or if you are a registered user, you may do so by signing on to your account and modifying the applicable information.
Consumers residing in California are afforded certain additional rights with respect to their personal information under the California Consumer Privacy Act or ‘CCPA’ (California Civil Code Section 1798.100et seq) and the ‘Shine the Light’ Law (California Civil Code section 1798.83).
What Rights Are Available To You
Right to Disclose the following information twice in a twelve (12) month period preceding your request:
Collection and Use of Personal Information
Within the preceding twelve (12) months, we have collected, used and shared the following categories of Personal Information: identifiers, customer records information, commercial information, biometric information, information relating to Internet activity or other electronic network activity, geolocation data, audio, electronic or visual information, professional or employment-related information, inferences drawn about you, and other categories of Personal Information that relate to, describe or are reasonably capable of being associated with you. Please refer to ‘Section I. Collection of Information’ above for the precise data points that we collect. We collect Personal Information for the business and commercial purposes described above in ‘Section II. Use of Information’.
Disclosure of Personal Information
We may share your Personal Information with third parties as described above in ‘Section III. Sharing of Information’. In the preceding twelve (12) months, we have disclosed the following categories of personal information for business or commercial purposes: identifiers, characteristics of protected classifications under California or U.S. law, commercial information, Internet or other electronic network activity information, geolocation data, audio, electronic, visual, or similar information, professional or employment-related information, inferences drawn about you, and other categories of Personal Information that relate to, describe or are reasonably capable of being associated with you.
Right to Opt-Out of Sale of Personal Information
California law requires that we provide transparency about Personal Information we ‘sell’ which for the purposes of the CCPA broadly means scenarios in which we have shared personal information with partners in exchange for valuable consideration. To opt out of sales, you can also visit “Do Not Sell My Personal Information” or fill out the following form: http://unbouncepages.com/kenneth-cole-ccpa-request/
Do Not Track (‘DNT’ Settings). If you access the Site through the Internet, your browser may allow you to adjust your browser settings so that DNT requests are sent to the websites that you visit. However, Kenneth Cole will not disable tracking technology that may be active on the Site in response to any DNT requests that we receive from your browser. To learn more about browser tracking signals and DNT, visit donottrack.us. Right to Delete certain Personal Information we collected from you, subject to certain exceptions as permitted by applicable law, including but not limited to:
Right to Non-Discriminatory treatment by us for exercising the above privacy rights, including but not limited by:
Some of our products and services, however, may require your Personal Information. If you choose not to provide your Personal Information that is necessary to provide any aspect of our products or services, you may not be able to use those products or services.
Notice of Financial Incentive
In some instances, we may offer a financial incentive, in the form of a discount to customers or an opportunity to win something of value, in exchange for the collection of customers’ Personal Information. For example, we may offer a discount promotional code to customers who join our email list by providing us with their email address, or we may offer an opportunity to win a prize to customers who provide their email address as part of a sweepstakes entry. The category of Personal Information implicated by these financial incentives are identifiers, and more specifically, contact information. Customers can opt-into these financial incentives by entering their email address when prompted through the Site in exchange for a discount, or by entering into sweepstakes or contests that are offered from time to time through the Site. Customers can withdraw from the financial incentive at any time by opting out of marketing communications. If the discount code or sweepstakes prize has already been obtained by the customer, the customer will have no obligation to return or destroy the discount code or prize upon opting out.
How to Exercise Your Privacy Rights
VII. Your Nevada Privacy Rights
Nevada law permits our users who are Nevada residents to request that their personal data not be sold (as defined under applicable Nevada law), even if their personal data is not currently being sold. Requests may be sent by calling the toll free number 1-800-KEN-COLE (1-800-536-2653); or emailing us at firstname.lastname@example.org.
VIII. International Users
Kenneth Cole is based in the United States. Our Site and services are not targeted to individuals outside of North America. If you are visiting the Site from outside the United States and provide us with Personal Information (or ‘Personal Data’), please note that your Personal Data may be accessed by or transferred, stored by us or our affiliates in the United States and other countries in accordance with this Policy and U.S. law. By using our Site or providing us with any information, you fully understand and consent to this transfer, processing, and storage of your information in the United States and other jurisdictions, for which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen. As a result, this information may be subject to access requests from governments, courts, or law enforcement in the United States and other countries according to laws in those jurisdictions. Your information will also be disclosed to third parties as described in ‘Section III. Sharing of Personal Information’ above.
Information for Residents of the European Union and European Economic Area
This section of the Policy applies only if you use our online Site from a country that is a Member State of the European Union or European Economic Area (collectively, ‘EU’), and it supplements the information in the remainder of our Policy, above.
Legal Basis for Data Processing
We process Personal Data for the purposes set out above in the Policy. Our legal basis to process Personal Data includes processing that is:
EU Data Subject Rights
The GDPR provides EU data subjects with the right to access Personal Data we hold about you and update or correct it. In some cases, you can also ask us to erase it, restrict or stop processing, or provide data in a ‘portable’ form, if feasible. You may withdraw consent (“opt-out”) if you have previously consented to any particular use of your information, such as receiving emails or text messages. You may also decline to share certain Personal Data with us, in which case we may not be able to provide some of the features and functionality of our Site. You can access, amend or update your information by contacting us (see Section IX below). If you email us please include your previous and current full name, mailing address, email address and phone number. Please put the statement ‘Your EU Data Subject Rights’ in the subject field of your request. Your request should contain a detailed, accurate description of the data you want access to. For your protection, we may need to verify your identity before responding to your request, such as verifying that the email address from which you send the request matches your email address that we have on file.
We will make commercially reasonable efforts to provide you reasonable access to your Personal Data within 30 days of your access request to the contact address below. We provide this access so that you may review, make corrections, or request deletion of your Personal Data. If we cannot honor your re-quest within 30 days, we will inform you when we will be able to provide such access. If for some reason access is denied, we will provide an explanation as to why access is denied. Individuals in the EU have the right to complain as outlined in Section 19 in our Terms & Conditions.
If you have any questions regarding this Policy, please contact us via e-mail at email@example.com. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. We can be reached via postal mail at:
Kenneth Cole Productions, Inc.
603 West 50th Street
New York, NY
Attention: E-Commerce Operations
Or you can reach us by telephone at 1-800-KEN-COLE (1-800-536-2653)
We may elect to change or amend our Policy; in such event, we will post the changes in our Policy on the Site by referring to the ‘Last Updated’ legend at the top of this page. If you are concerned about how your Personal Information is used, please visit our Site often for this and other important announcements and updates.