LAST UPDATED: March 10, 2020
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.
I. Collection of Personal Information
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’). 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
- 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 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.
Personal Information We Collect AutomaticallyWe and our service providers may automatically collect information about you when you use the Site, including:
- Log Information 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). We collect information about your use of our Site through a computer, including, your browser type, access times, pages viewed, your IP address and the referring link through which you accessed our Site. 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.
- Device Information We collect information about the device you use to access our online Site, including the hardware model, operating system and version. 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.
- 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.
- Transaction Data. When you purchase or return a product, we collect information about when, where, what and how you purchased that item. It will also include where we sent that product or service or any other benefits collected as part of the transaction.
- Analytics. We may use analytics services, such as Google Analytics, on our Site and our social media pages to help us evaluate and analyze how visitors use these platforms. For specific details on how Google collects and uses information on our Site or social media pages, please refer to https://marketingplatform.google.com/about/analytics/terms/us/.
Personal Information Received from Third Party SourcesWe may obtain Personal Information about you from other sources and combine that with the information we collect about you, including:
- Your Friends. We may collect information from other sources, such as from people with whom you are friends with. For example, the Site may include functionality that permits our users to send messages regarding Site-related content to a friend through the Site. We may receive your email address from a friend so that we can facilitate your friend sending a message to you. Kenneth Cole may retain the email address your friend provides and will use your friend’s email address only as described in this Policy.
- Postal Service. We may collect Personal Information from the local postal services’ national change of address database to verify and update mailing addresses.
- Social Media. If you interact with us on social media, we will also collect Personal Information about these interactions.
II. Use of Personal Information
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 messages 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. 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. We may also obtain the date, time and content of your messages in the course of your use of Text Messages. We will use the information we obtain in connection with our Text Messages in accordance with this Policy. Please refer to our Terms & Conditions for further details.
- 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 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. We will not use your Personal Information we collected for material different, unrelated, or incompatible purposes without providing you with notice and obtaining your consent.
- 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).
- 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).
- Secure Shopping Guarantee. We have 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 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.
III. Sharing of Personal Information
IV. Other Important Notices Regarding Our Privacy Practices
V. Your Choices
VI. Your California Privacy Rights
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 YouRight to Disclose the following information twice in a twelve (12) month period preceding your request:
- The categories of Personal Information we have collected about you;
- The categories of Personal Information we have collected about you;
- The categories of sources from which we collected such Personal Information;
- The categories of Personal Information that we have sold or disclosed about you for a business purpose;
- The categories of third parties to whom your Personal Information was disclosed for a business purpose;
- Our business or commercial purpose for collecting or selling your Personal Information; and
- The specific pieces of Personal Information we have collected about you.
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 contact us by telephone at 1-800-KEN-COLE (1-800-536-2653) or by email at firstname.lastname@example.org.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:
- To provide goods or services within the context of our relationship with you;
- To detect security incidents or other fradulent or illegal activity;
- To comply with Kenneth Cole's legal and regulatory obligations; and
- To enable other uses that are compatible with your expectations or appropriate given the context in which the Personal Information was collected.
- Denying goods or services to the California resident;
- Charging different prices or rates for goods or services, including through use of discounts or other benefits or imposing penalties;
- Providing a different level of quality of goods or services to the California resident;
- Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
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 email@example.com.
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:
- necessary to fulfill our responsibilities under our contract with you (e.g., processing payments, to provide you with products and services you request and to identify and authenticate you so you may use the Site);
- necessary to comply with legal requirements (e.g., to comply with applicable accounting rules and to make mandatory disclosures to law enforcement);
- necessary for our legitimate interests (e.g., to manage our relationship with you and to improve the Site and our services); and
- consistent with your consent, which you may revoke at any time.
- 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.
IX. Contacting Us
If you have any questions regarding this Policy, please contact us via e-mail at firstname.lastname@example.org. 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)
X. Changes in the Policy
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.