LAST UPDATED: November 12, 2019
By using the Site, you agree to the terms of this Policy. If you do not agree to the terms of this Policy, please do not use the Site. We reserve the right to change this Policy in our discretion. You can determine when this Policy was last revised by referring to the ‘Last Updated’ legend at the top of this page. If you do not agree with the terms of the revised Policy you should terminate your use of the Site. Use of the Site constitutes your acceptance of the Policy then in effect.
1. What Types of Information Does Kenneth Cole Collect From Me?
- Information You Voluntarily Provide to Kenneth Cole. If you are a visitor to the Site, you are not obligated to provide any information to us, but we may collect information that you provide to us when you communicate with any of our departments such as customer service or technical services. However, in order for you to use certain features of the Site (for example, to sign up for a newsletter, make a purchase through the Site, or to request certain information from Kenneth Cole), we may require that you provide certain information to us. In order to make a purchase through the Site, you will be required to provide your name, shipping address, billing address, telephone number, e-mail address, credit card number or other payment account number. You may also choose to provide additional information about yourself when you use certain features of the Site, such as your mobile phone number as well as information you provide in connection with a survey or sweepstakes conducted through the Site.
- Information Automatically Collected by Kenneth Cole through the Site.We and our service providers may automatically collect information about you when you use the Site. For example, if you access the Site through a computer, we will automatically collect information such as your browser type and version, computer and connection information, screen resolution and Operating System version, and standard web log information. We and our service providers may also collect information about you from forms you fill out on the Site prior to you hitting the submit button. If you access the Site through a mobile device, we may also be able to identify the location of your mobile device. You may choose not to share your location details with us by adjusting your mobile device’s location services settings. For instructions on changing the relevant settings, please contact your mobile service provider or device manufacturer. We generally automatically collect information about you through the Site from five different sources: server log files, environmental variables, cookies, pixel tags and other similar technologies and information that you voluntarily provide.
- Server Log Files & Order Level. Your Internet Protocol (IP) address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited. We use your IP address, and the IP addresses of all users, for purposes such as calculating Site usage levels, helping diagnose problems with the Site's servers, and administering the Site.
- Pixel Tags. We and our service providers may also use so-called ‘pixel tags,’ ‘web beacons,’ ‘clear GIFs’ or similar means (collectively, ‘Pixel Tags’) in connection with some Site pages and HTML-formatted e-mail messages to, among other things, compile aggregate statistics about Site usage and response rates. A Pixel Tag is an electronic image, often a single pixel (1x1), that is ordinarily not visible to Site visitors and may be associated with Cookies on a user’s hard drives. Pixel Tags allow us to count users who have visited certain pages of the Site, to deliver branded services, to serve ads, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted e-mail messages, Pixel Tags can tell the sender whether and when the e-mail has been opened.
- Information You Post Publicly on the Site. 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.
2. How Does Kenneth Cole Use Information Collected Through the Site?
We may use the information we collect through the Site in the following ways:
- Fulfillment of Requests.Kenneth Cole may use the information collected through the Site to fulfill requests you make through the Site, including to send you newsletters, fulfill your purchases or respond to information requests.
- Administrative Communications.From time to time we may use the email address and postal address you have provided to us to send to you important information regarding the Site, or changes to our terms, conditions, and policies. Because this information may be important to your use of the Site, you may not opt-out of receiving these communications.
- Marketing Communications. From time to time, we may use information that you provide (e.g. the email address, postal address) or that we collect in accordance with this Policy (e.g., geolocation data) to inform you of products, programs, services and promotions that we believe may be of interest to you. If you would prefer that we do not send these marketing messages to you, you can follow the instructions contained in each email you receive from us describing how you can opt-out of receiving further marketing communications from us by email, or you can follow the link in the ‘Opt-Out’ section below and follow the instructions regarding opting out of receiving marketing communications from us.
- Text Message Communications. If you so elect, you may provide your mobile phone number to Kenneth Cole. By submitting your mobile phone number, you consent to receive text message alerts from Kenneth Cole containing product and event information, as well as promotions that may be sent using automated dialing systems (‘Text Messages’). Your consent to receive Text Messages is not otherwise required to purchase any goods or services from us. Enrollment in Text Messages requires you to provide your mobile phone number with an area code within the fifty United States or the District of Columbia. You may not consent to receive Text Messages on behalf of someone else or provide someone else’s phone number. You agree to enter into, sign and receive your consent to receive Text Messages electronically. We will send you Text Messages periodically. We reserve the right to alter the frequency of Text Messages sent at any time so as to increase or decrease the total number of Text Messages sent. We do not charge a fee for you to receive Text Messages from Kenneth Cole, however, your mobile service provider may charge you for sending and/or receiving text messages and air-time, as well as any other standard applicable rates charged by your mobile service provider. You are solely responsible for all message and data charges that you incur. Please contact your mobile service provider about such charges. The following carriers are supported: Alaska Communications Systems (ACS), Alltel-Allied, AT&T, Bluegrass Cellular, Boost Mobile, Boost-CDMA, C Spire Wireless (aka Cellular South), Carolina West Wireless, CellCom Cellular One (Cellone Nation), Chariton Valley Cellular, Chat Mobility, Cincinnati Bell, Cleartalk (Flat Wireless), Cross Wireless, DTC Wireless, Duet IP (Max. Wireless/Wireless Comm. Venture), East Kentucky Network (Appalachian Wireless), ECIT Element, Mobile Epic Touch, GCI Communications, Golden State Cellular, Google Voice, Illinois Valley Cellular, Immix Inland Cellular, IWireless, Kenai SRT Communications, Metro PCS (including subsidiary PTA-FLA), MetroPCS/T-Mobile, Mobi MobileNation/SI Wireless, nTelos, Panhandle Wireless, PCS Peoples Wireless, Pine Cellular, Pioneer Cellular, Plateau Wireless, Rural Independent Network Alliance (RINA), Sagebrush Cellular, SouthernLINC, Sprint, Cricket (Leap Wireless), T-Mobile Thumb Cellular, TracFone (AT&T), Union Telephone, United States Cellular Corp, United Wireless, US Aio Wireless, Verizon, Viaero Wireless, Virgin Mobile, West Central Wireless, Mosaic Telecom, MTA Wireless/Matanuska, MTPCS, Nex Tech Communications, and Northwest Missouri Cellular.
Text Messages are distributed via third party mobile network providers and, therefore, we cannot control certain factors relating to message delivery or guarantee availability or performance of this service, including liability for transmission delays or message failures. The Text Messages are offered on an “as is” basis and: (1) may not be available in all areas at all times; and (2) may not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier. Kenneth Cole may change or discontinue any of its Text Message programs without notice or liability to you. Kenneth Cole reserves the right to cease delivery of Text Messages to any person at any time in its sole discretion. To receive help with Text Messages, you can text the word “Help” to 88209 or call 1-800-KEN-COLE (1-800-536-2653)or email firstname.lastname@example.org.
You may unsubscribe from receiving Kenneth Cole Text Messages any time by texting the word “Stop” to 88209 from your device. You may also choose not to receive Text Messages by emailing us at email@example.com and specifying that this is your preference.
- Purchases. When you make a purchase through the Site, we may collect your credit card number or other payment account number, billing address and other information required for us (and our third party payment provider(s)) to process the applicable purchase (collectively, ‘Payment Information’) from you, and may use this Payment Information in order to fulfill your purchase.
- Promotions. We may operate sweepstakes, contests and similar promotions (collectively, ‘Promotions’) through the Site. We typically ask you for certain information when you enter and, if applicable, win, a 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 Kenneth Cole's use of the information you provide in connection with the applicable 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.
- Internal Business Purposes. We may also use the information we collect for our internal business purposes, such as data analysis and audits. In addition, we may also use this information to enhance our understanding of users’ interests and to aid us in providing our clients with targeted Promotions.
3. How Is Information Collected through the Site Shared with Third Parties?
- 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.
- 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.
- E-mails to 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.
- Promotions. 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.
- Business Transfers; Bankruptcy. 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).
- Response to Subpoenas, Court Orders, Applicable Law or to Protect Rights and to Comply with Our Policies.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.
- 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.
4. Other Important Notices Regarding Our Privacy Practices
- 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 have security measures and tools, such as 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).
- Secure Shopping Guarantee. KCP has established a “Secure Shopping Guarantee” for every online transaction you make through our Site. If any unauthorized charges were to appear on your credit card as a result of shopping online via the Site, you must notify your credit card provider in accordance with its reporting rules and procedures. Pursuant to our Secure Shopping Guarantee, we will cover the liability arising in connection with unauthorized use of your credit card based on purchases you make through kennethcole.com only if the unauthorized use of your credit card resulted through no fault of your own. If your bank holds you responsible for fraudulent charges arising in connection with unauthorized use of your credit card based on purchases you make through kennethcole.com, we will cover your liability up to $50.00.
- 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 thirteen (13), and we request that individuals under the age of thirteen (13) do not use the Site or provide information through the Site.
- Opt-Outs. In some instances you will be able to change your preferences regarding how we use and share your information. You can unsubscribe from Kenneth Cole emails at any time by clicking ‘unsubscribe’ at the bottom of one of our emails.
- Text Message Opt- In general, in order to stop receiving Text Messages, you can text “Stop” to the five digit short code for the text messaging program from which you no longer wish to receive messages (i.e., the five digit number from which the text messages are being sent). You will then receive confirmation of your opt-out of that text messaging program. You may also choose not to receive text messages by emailing firstname.lastname@example.org and specifying that you no longer want to receive text messages.
- Do Not Track Settings. If you access the Site through the Internet, your browser may allow you to adjust your browser settings so that “do not track” 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 “do not track” requests that we receive from your browser.
- 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 6 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.
6. Contacting Us
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)