CALIFORNIA PRIVACY POLICY

CALIFORNIA PRIVACY POLICY

Rack Room Shoes, Inc. (“we,” “our,” or “Company”) respects your privacy and is committed to providing a transparent privacy notice for California residents. This California Privacy Policy applies solely to those who reside in the State of California (“consumers” or “you”). We collect personal information, which means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“Personal Data”). The purpose of this California Privacy Policy is to provide consumers, at or before the time we collect your Personal Data, with a comprehensive description of our online and offline practices regarding the collection, use, disclosure, sharing, sale and retention of Personal Data and of the rights of consumers regarding your Personal Data, as well as to describe the rights you have under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 and its implementing regulations (“CCPA”) and how you may exercise such rights.

 

Personal Data

Please note that Personal Data does not include:

• Publicly available information from government records.
• Deidentified or aggregated consumer information.
• Information excluded from the CCPA's scope, such as:


• Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
• Personal Data covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (Caliph), and the Driver's Privacy Protection Act of 1994.

 

The following list includes disclosures for the preceding 12 months of: categories of Personal Data we have collected and used about consumers, the categories we have disclosed for a business purpose, and categories of third parties with whom we disclosed the Personal Data during that period.

 

Categories of Personal Data

• Identifiers: For example, a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.


• Personal Data Categories from Cal. Civ. Code § 1798.80(e): For example, a name, signature, physical characteristics or description, address, telephone number, credit card number, debit card number, or any other financial information.


• Characteristics of CA or Federal Protected Classifications: For example, race, age (40 and over), gender, familial status.


• Commercial Information: For example, records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.


• Internet or Other Similar Network Activity: For example, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, advertisement or using or visiting our website, rackroomshoes.com ("Website").


• Geolocation Data: For example, information that can be used to determine a device’s physical location.


• Sensory or Surveillance Data: For example, audio, electronic, visual, or similar information that can be linked or associated with a particular consumer.


• Sensitive Personal Data: For example, your precise geolocation (dependent on your device’s settings). We may also be able to infer your racial or ethnic origin based on video footage and photographs we have of you from the public areas of our retail stores.

We will retain the Personal Data described above for as long as necessary to fulfill the purpose for which it was collected, or as required by applicable laws or regulation.

Categories of third parties to whom the information above may have been disclosed:

• With Third Party Service Providers Performing Services on Our Behalf. We may disclose your Personal Data with our service providers to perform the functions for which we engage them. For example, we may use third parties to host our Website or mobile application or assist us in providing functionality on our Website or mobile application, provide data analytics and research on our Website, send out emails and text messages about our Website or mobile application and our products, provide the chat functionality on our Website or mobile application and to process payments.


• Through Tracking Technologies. We may disclose Personal Data collected through tracking technologies set on our Website with our Website analytics and digital advertising service providers.


• For Legal Purposes. We also may disclose Personal Data that we collect from users as needed to enforce our rights, protect our property or protect the rights, property or safety of others, or as needed to support external auditing, compliance and corporate governance functions. We will disclose Personal Data as we deem necessary to respond to a subpoena, regulation, binding order of a data protection agency, legal process, governmental request or other legal or regulatory process. We may also share Personal Data as required to pursue available remedies or limit damages we may sustain.


• Changes of Control. We reserve the right to transfer or assign the Personal Data that we have collected from users in connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

 

The categories identified above were collected from the following categories of sources:

• You, directly and indirectly, including when you access our Website, visit our retail stores, or when you purchase our products, register an account with us, sign up for our Rewards Program, subscribe to our newsletter, engage with our Waebsite's chat functionality or otherwise contact us; and
• Service providers, affiliates, analytics companies, marketing partners, advertising networks and social media platforms.

 

We use the Personal Data we collect for one or more of the following business purposes:

• To fulfill or meet the reason for which the Personal Data is provided, such as to provide you with our Website and/or mobile application, administer our Rewards Program, discounts and any contests or giveaways, or fulfill your orders.
• To communicate with you.
• To operate and personalize the products and services we offer, and to give each user a more consistent and personalized experience when interacting with us.
• Personalize our advertising, marketing communications, shopping experiences and promotional offers and to deliver promotions and offers to you that we think may be of interest to you.
• For our internal business purposes, such as data analytics, audits, developing new products or services, enhancing our Website and mobile application, improving our products and services, identifying Website usage trends, and determining the effectiveness of our promotional campaigns.
• For auditing relating to consumer transactions including ad impressions.
• As we believe to be necessary or appropriate: (i) under applicable law; (ii) to comply with legal process; (iii) to respond to requests from public and government authorities; (iv) to enforce this California Privacy Policy and our Privacy Policy and Terms of Use; (v) to protect our operations; (vi) to protect our rights, privacy, safety or property, and/or that of you or others; and (vii) to allow us to pursue available remedies or limit the damages that we may sustain.
• Fraud and security detection.
• Debugging to identify and repair errors.
• Short-term data use for the current interaction that is not used to build a profile.
• Servicing transactions and accounts (e.g., customer service, maintaining and servicing accounts, customer verification, payment processing).
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding, in which Personal Data held by us is among the assets transferred.
• Undertaking internal research for technological development and demonstration.
• To share the Personal Data with service providers to carry out other business purposes.

 

The following categories of Personal Data were sold or shared in the preceding twelve (12) months:

• Identifiers, such as unique personal identifier, online identifier, Internet Protocol address, or other similar identifiers.


• Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with our Website or another internet website, application, or advertisement.


• Geolocation data.

Such Personal Data is sold to or shared with our third-party website analytics and digital advertising service providers.

We share or sell such information to:

• Provide our Website and mobile application to you.
• Operate and personalize the products and services we offer, and to give each user a more consistent and personalized experience when interacting with us.
• Personalize our advertising, marketing communications, shopping experiences and promotional offers and to deliver promotions and offers to you that we think may interest you.
• For security, to detect fraud or illegal activities, and for archival and backup purposes in connection with the provision of our Website and mobile application.
• For research and analytics purposes.
• For our internal business purposes, such as data analytics, audits, enhancing our Website and mobile application, improving our products and services, identifying website usage trends, and determining the effectiveness of our promotional campaigns.
• As we believe to be necessary or appropriate: (i) under applicable law; (ii) to comply with legal process; (iii) to respond to requests from public and government authorities; (iv) to enforce this California Privacy Policy and our Privacy Policy and Terms of Use; (v) to protect our operations or those of any of our affiliates; (vi) to protect our rights, privacy, safety or property, and/or that of our affiliates, you, or others; and (vii) to allow us to pursue available remedies or limit the damages that we may sustain.

 

CONSUMER RIGHTS

Your Right to Know

You have the right to request that we disclose what Personal Data we collect, use, disclose, share and sell. Specifically, you may request that we disclose to you the following:

• The categories of Personal Data we have collected about you.
• The categories of sources from which the Personal Data is collected.
• The business or commercial purpose for collecting, selling or sharing Personal Data.
• The categories of third parties with whom we disclose Personal Data.
• The specific pieces of Personal Data we have collected about you.

You have the right to direct us to not sell or share your Personal Data. We do not sell your personal information for monetary consideration. However, we do use cookies and other tracking technologies (e.g., pixels, tags) for targeted advertising purposes. The collection of data through certain tracking technologies for our targeting advertising purposes may be considered a “sale” and is considered “sharing” under the CCPA. You may exercise your right to opt-out by clicking on our “Do Not Sell or Share My Personal Data” link.

Authorized Agent for Opt-Out: If you use an authorized agent to exercise your right to opt-out of the sale of Personal Data, please note that Company requires that the authorized agent submit proof in the form of an authorization signed by you that the authorized agent has been authorized to act on your behalf.

 

Your Right to Request Deletion of Your Personal Data

You have the right to request that we delete any of your Personal Data collected by us from you, subject to certain exceptions. You can do this through a verified consumer request. That process is described below in the section, "Submitting a Verified Consumer Request."

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the Personal Data, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• Help to ensure security and integrity to the extent the use of the Personal Data is reasonably necessary and proportionate for those purposes.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the ability to complete such research, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us and that are compatible with the context in which you provided the information.
• Comply with a legal obligation.

 

Right to Correct Inaccurate Personal Data

You have the right to request that we correct any inaccurate Personal Data we maintain about you, taking into account the nature of the Personal Data and the purposes of the processing of the Personal Data.

 

Right to Limit Use and Disclosure of Sensitive Personal Data

You have the right to direct a business that collects sensitive Personal Data about you to limit its use of your sensitive Personal Data (1) to that use which is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services; (2) for certain business purposes; and (3) as authorized by the implementing regulations of the CCPA. We do not use or disclose your sensitive Personal Data for any purpose other than those permitted under the CCPA.

 

SUBMITTING A VERIFIED CONSUMER REQUEST

We cannot respond to your request or provide you with Personal Data if we cannot verify your identity or authority to make the request. We will only use Personal Data provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

To make a request, you can fill out the DSAR Request Form , or call 1-800-306-9309. To submit a verifiable request, you will be asked to provide certain information to help us verify your identity. The information we ask you to provide to initiate a request may differ depending upon the type of request, the type, sensitivity and value of the Personal Data that is the subject of the request, and the risk of harm to you that may occur as a result of unauthorized access or deletion, among other factors. Your request will be verified by matching the information you provide to information that we have collected.

Once we receive your verifiable consumer request, we will confirm receipt of the request within 10 business days describing our verification process. We will respond to your request within 45 calendar days, if we are able to verify your identity. Requests for deletion will require a separate confirmation that you want your Personal Data deleted. We will respond to your request to opt-out within 15 business days.

If requests from you are manifestly unfounded or excessive in particular because of their repetitive character, we may either charge a reasonable fee or refuse to act on the request, notifying you of our reason for refusing to act. If we determine that the request warrants a fee, we will notify you of the reason for that determination and provide you with a cost estimate before completing your request.

Please note that, in responding to your request, we are not permitted to disclose or provide you with your Social Security number, driver’s license number or other government-issued identification number, financial account number, any health insurance or medical identification number, an account password, security questions and answers, or unique biometric data generated from measurements or technical analysis of human characteristics. However, we will inform you with sufficient particularity that we have collected the type of information without disclosing the actual data.

 

USING AN AUTHORIZED AGENT TO SUBMIT A REQUEST

Only you, or a natural person or a business entity registered with the Secretary of State to conduct business in California that you have authorized to act on your behalf, may make a verifiable consumer request related to your Personal Data. You may also make a verifiable consumer request on behalf of your minor child. If you use an authorized agent, you may provide a power of attorney executed pursuant to California Probate Code sections 4000 to 4465. If a power of attorney that meets those provisions is not submitted, you will be required to provide the authorized agent signed permission to submit a request, or verify your identity directly with us and directly confirm with us that you provided the authorized agent permission to submit the request. If you’re an authorized agent making a request, you need to do the following to the e-mail address below in our contact information:

(a) e-mail a copy of a power of attorney provided to you by the consumer pursuant to Probate Code sections 4000 to 4465; or

(b) e-mail proof of signed permission along with a copy of your ID and have the consumer direct confirm with us that they provided you permission to submit the request by sending an e-mail.

 

YOUR RIGHT TO NON-DISCRIMINATION FOR THE EXERCISE OF A PRIVACY RIGHT

You have a right not to receive discriminatory treatment by the business for the exercise of the privacy rights conferred by the CCPA. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

 

FINANCIAL INCENTIVE – REWARDS PROGRAM

We offer various financial incentives, such as discounts and other benefits for customers who sign up to receive our marketing emails or join our rewards program (“Rewards Program”). When you participate in a financial incentive, we collect Personal Data from you, such as identifiers (like your name and email address) and commercial information (like your purchase history). You may opt-in to the Rewards Program at any time at: https://www.rackroomshoes.com/login . Our rewards page located at: https://www.rackroomshoes.com/rewards-info describe the material terms of the Rewards Program. You may revoke your decision to opt-in to the Rewards Program at any time by contacting us at ccpa@rackroom.com.

In some cases, we may provide additional terms and conditions for a financial incentive, which we will present to you when you sign up. We value your Personal Data as the value of the offer or discount provided to you, and the value of your Personal Data is reasonably related to the value of the offer or discount presented to you.

 

PERSONAL DATA OF MINORS

We do not have actual knowledge that we sell or share Personal Data about minors under the age of 16.

 

OTHER CALIFORNIA PRIVACY RIGHTS

Other parties may collect personally identifiable information about your activities over time and across different websites when a consumer uses our Website or service.

 

CHANGES TO OUR CALIFORNIA PRIVACY POLICY

We reserve the right to amend this California Privacy Policy at our discretion and at any time. When we make changes to this California Privacy Policy , we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

 

Contact for More Information

If you have any questions or comments about this California Privacy Policy , the ways in which we collect and use your information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: 1-800-306-9309
Email: ccpa@rackroom.com

This California Privacy Policy was last updated on December 4, 2024.