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LAST UPDATED: May 2021
Wacoal Direct Corp. (“Wacoal Direct”) and Wacoal America, Inc. (“Wacoal America”) are concerned about privacy issues and want you to be familiar with how we collect, use and disclose information. This Privacy Policy describes Wacoal Direct’s and Wacoal America’s practices in connection with information that (1) Wacoal Direct collects through the website that it owns and operates from which you are accessing this Privacy Policy (the “Website”), and (2) Wacoal America collects through the mobile application that it owns and operates from which you are accessing this Privacy Policy (the “Sizing App”) and/or through the retail stores that it operates (“Company Stores”; the Sizing App and the Company Stores collectively, the “Wacoal America Services”). By providing Personal Information to us, you agree to the terms and conditions of this Privacy Policy. When this Privacy Policy refers to “we,” “us” or “our,” it is referring to either Wacoal Direct or Wacoal America, depending on whether it is referring to the Website or Wacoal America Services. When we refer to “Services” we mean either the Website or the Sizing App.
This Privacy Policy does not apply to information that you may provide to us, or that we may obtain, other than through our Services or the Company Stores. In addition, to the extent that you submit any Personal Information to any third party (for example, via a third-party software application or service that is included in the Services, such as Facebook or our e-gift card provider), the third party's collection, use and disclosure of such information may be governed by its privacy policy, and not by our Privacy Policy.
"Personal Information" is information that can be reasonably linked to an identifiable individual, such as:
We collect Personal information through the Services when you participate in various opportunities provided through the Services or at a Company Store, for example:
We may use Personal Information:
We may also aggregate Personal Information so that the aggregated information does not personally identify you or any other user of the Services, such as by using Personal Information to calculate the percentage of our users who have a particular telephone area code.
In some instances, we may combine Personal Information with information that cannot, by itself, be reasonably linked to you. If we combine any Personal Information with other information, we will treat the combined information as Personal Information as long as it is combined.
Your Personal Information may be disclosed:
We may disclose Personal Information in the following categories for a business purpose:
INFORMATION COLLECTED AUTOMATICALLY
When you visit the Site, we collect certain information automatically, including:
Your "IP Address" is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP).
An IP Address is identified and logged automatically in our server log files whenever a user visits or use the Services, along with the time of the visit and the page(s) that were visited. Collecting IP Addresses is standard practice on the Internet and is done automatically by many web sites.
We may use IP addresses for purposes such as calculating Services usage levels, helping diagnose server problems, customizing Services content and Promotions, directing you to appropriate areas of the Services and assisting you in finding physical stores near you, tracking and analyzing user behavior on the Services, and administering the Services. We may also use and disclose IP Addresses for all the purposes for which we use and disclose Personal Information. Please note that we treat IP Addresses, server log files and related information as Non-Personal Information, except where we are required to do otherwise under applicable law.
Our Sizing App may transmit your digital photos and measurements to a third-party sizing provider together with an anonymous identification number solely for the purpose of analyzing the photos to extract your body measurements to provide sizing advice. We will not provide any Personal Information to our sizing provider aside from the digital photos and measurements to the extent they might be used to personally identify you. We will contractually obligate any sizing provider to delete the digital photos promptly after they have processed the photos and transmitted the corresponding output to us, and in no event later than four weeks after such processing has occurred. We will also require our sizing provider to correct, change, update, suppress, delete or otherwise limit their use of your Personal Information the same way we are obligated to do so in the section “How can you access your Personal Information?” below.
This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any site to which the Services contain a link. The inclusion of a link on the Services does not imply endorsement of the linked site by us or by our affiliates.
We may use third-party advertising companies to serve ads when you visit or use our Services. These companies may use information about your visit to or use of the Services in order to provide advertisements about goods and services that may be of interest to you. In the course of serving advertisements to the Services, these companies may place or recognize a unique cookie on your browser. If you would like more information about this practice and to know your choices about not having this information used by these companies, please visit this site.
We use our own cookies in coordination with service providers to help determine which of our ads are shown to you on other websites. If you do not wish us to set cookies on your browser, you may block cookies by adjusting your browser settings. Please be aware that if you choose to decline the use of cookies, all of the features, functionality and promotions available on and through the Services may not be available to you. We may also work with third-party companies that use their tracking technologies (including cookies and pixel tags) on our websites in order to provide tailored advertisements on our behalf and on behalf of other advertisers across the Internet. These companies may collect information about your activity on our Services and third-party sites and your interaction with our advertising and other communications and use this information to determine which ads you see on third-party websites and applications. For information about how to opt out of receiving behavioral advertisements from our advertising partners, here or click here.
We do not respond to “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer’s online activities over time and across third-party websites or online services.
Your Personal Information will be maintained on our servers or the servers of our service providers and will be accessible by our authorized employees, representatives and service providers who require access in connection with their job responsibilities. We implement and maintain reasonable organizational, technical and administrative security procedures and practices that are appropriate to the nature of the Personal Information we collect. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. Please do not send us sensitive information through email. 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 immediately notify us of the problem by contacting us in accordance with the "Contacting Us" section below.
If you no longer want to receive marketing-related emails from us and our affiliates on a going-forward basis, you may opt-out of receiving these marketing-related emails by either:
We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you do opt-out of receiving marketing-related messages from us, we may still send you important administrative messages, including communications regarding your orders, and you cannot opt-out from receiving administrative messages.
If you would like to review, correct, change, update, suppress or otherwise limit our use of your Personal Information that has been previously provided to us, you may do so by updating your user preferences in the “My Account” section of our website or by calling us at 1-800-WACOAL-0 (922-6250). For your protection, we may need to verify your identity before implementing your request by asking you to reconfirm information we have already collected to be sure that the request is authorized.
In your request, please make clear what information you would like to access or have changed, whether you would like to have your Personal Information suppressed from our database or otherwise let us know what limitations you would like to put on our use of your Personal Information. We will try to comply with your request as soon as reasonably practicable, subject to applicable laws. However, please be aware that we and our third-party providers may need to retain certain information for recordkeeping purposes, and there may also be residual information that will remain in our databases and other records.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or allowed by law.
The Services are not directed to individuals under the age of thirteen (13), and we request that these individuals do not provide Personal Information through the Services. Our Sizing App is not intended for use by individuals under the age of eighteen (18), and we request that these individuals do not use the Sizing App.
By using the Services and submitting any Personal Information, you agree to the transfer of Personal Information to our service providers (including affiliates acting in this capacity) in other countries, such as the United States, which may provide a different level of data security than your country of residence.
We may change this Privacy Policy. Please take a look at the "Last Updated" legend at the top of this page to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the Services. Your use of the Services following these changes means that you accept the revised Privacy Policy.
If you have any questions about this Privacy Policy, please contact us by email at corporateinquiries@wacoal-america.com , or please write to the following address:
Customer Service
1 Wacoal Plaza
Lyndhurst, NJ 07071
Under the California Consumer Privacy Act (the “CCPA”), residents of California who use our Services have certain rights, including:
*Although you have the right to request this information, we do not sell your Personal Information.
LAST UPDATED: May 2021
Please read this Terms of Use agreement (this "Agreement") carefully. Your use of the Services (as defined below) constitutes your acceptance of this Agreement.
This Agreement is between Wacoal Direct Corp. and Wacoal America, Inc. ("we," "us") and you ("you") concerning your use of the website or mobile application owned or operated by us from which you are accessing this Agreement (including all content and services offered on or through the website and mobile application, and together with any successor site(s) and mobile application(s), the "Services").
Sizing App: We collect digital photos and measurements when you voluntarily use our mobile sizing app (“Sizing App”). These photos are deleted promptly, and in no event later than four weeks after they’ve been processed. For more information, please see the “Sizing App” . section of our Privacy Policy. If you are unable to use the Sizing App for any reason, including because of physical or other limitations, please visit our Find Your Fit page for other sizing options, which include detailed instructions on how to measure yourself and recommendations if you already know your size. If none of these options works for you, you can also call, e-mail or chat with us to schedule a virtual fitting.
We may terminate your use of the Services for any conduct that we consider to be inappropriate, or for your breach of this Agreement, including the Rules of Conduct (including, without limitation, if you repeatedly engage in copyright infringement via or in connection with the Services).
Our trade names, trademarks and service marks include without limitation, WACOAL, B.TEMPTD, BRAS OF SUMMER, SUPPORT THE GIRLS, HOPE ON A HANGER, iBRA, B-SMOOTH, BODY SUEDE, CUSTOM CONTOURS, SLIMLINE, WACOAL LUXE and NO PEEK, and any associated logos. All trademarks and service marks on the Services not owned by us are the property of their respective owners. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting any license or right to use any trade names, trademarks or service marks without express prior written consent of the owner.
NONE OF THE WACOAL ENTITIES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SERVICES, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR
OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION
WITH YOUR USE OF THE SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, THE WACOAL ENTITIES WILL NOT BE
LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR FROM ANY GOODS, SERVICES, PRODUCTS, CONTENT, INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES BY ANY OF THE WACOAL
ENTITIES OR BY ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. THE MAXIMUM LIABILITY OF THE WACOAL ENTITIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION,
WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SERVICES.
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
While we try to maintain the security of the Services, we do not guarantee that the Services will be secure or that any use of the Services will be uninterrupted. Additionally, third parties may make unauthorized alterations to the Services. If you become aware of any unauthorized third party alterations to the Services, contact us at corporateinquiries@wacoal-america.com with a description of the material(s) at issue and the URL or location of such materials.
Copyright Counsel, 1 Wacoal Plaza, Lyndhurst, NJ 07071
Email:
Copyright Counsel, 1 Wacoal Plaza, Lyndhurst, NJ 07071
Email:
legal@wacoal-america.com
Tel: (201) 933-8400
We suggest that you consult your legal advisor before filing a notice or counter-notice.
All materials © 2005-2021, Wacoal America Inc. unless otherwise noted. All rights reserved.
