LAST UPDATED: November 2022

PRIVACY POLICY

    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

    What Categories of Personal Information Do We Collect?

  • We may collect Personal Information when you visit or use our Services.

    • "Personal Information" is information that can be reasonably linked to an identifiable individual, such as:

    • Name
    • Postal address (including billing and shipping addresses)
    • Telephone number
    • Email address
    • Credit and/or debit card number
    • Information about your purchases
    • Other information, such as your size and your interests, when you voluntarily provide this information to us
    • Digital photos and information regarding your physical characteristics such as height, weight and measurements (collectively “measurements”) that you voluntarily submit through the Sizing App
  • Categories of Personal Information we collect may include:

    • identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers;
    • signature, physical characteristics or description, telephone number, state identification card number, credit card number or debit card number;
    • products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
    • Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with an Internet website, application, or advertisement
    • geolocation data gathered through your computer's IP address or the GPS coordinates of your mobile phone. Wacoal uses geolocation data to tailor email marketing campaigns and create a more personalized experience for customers, including sending targeted advertisements and product offers to specific audiences;
    • audio, electronic or similar information; or
    • inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

    How do we collect Personal Information from you?

    We collect Personal information through the Services when you participate in various opportunities provided through the Services or at a Company Store, for example:

    • When you make a purchase through the Services or at a Company Store,
    • When you contact us through the Services,
    • When you sign up for our communications,
    • When you submit digital photos through our Sizing App, and
    • When you participate in a contest, promotion, sweepstakes, survey or other promotion through the Services or at a Company Store.

    How do we use your Personal Information?

    We may use Personal Information:

    • to respond to your inquiries and fulfill your requests, such as to respond to your questions or to provide sizing advice.
    • to complete and fulfill your purchase, for example, to process your payments, have your order delivered to you, communicate with you regarding your purchase and provide you with related customer service.
    • to allow you to purchase items in your shopping bag that may be from this Service or from one of our other websites.
    • to allow you to purchase items at our Company Stores.
    • to send you important information regarding the Services, changes to our terms, conditions, and policies and/or other administrative information, including communications regarding your orders.
    • to tell you about products, programs, services and promotions that we believe may be of interest to you.
    • to personalize your experience on the Services or Company Stores by presenting products and offers tailored to you.
    • to allow you to send messages to a friend through the Services. By using this functionality, you are telling us that you are entitled to use and provide us with your friend's name and email address. We will not use your friend's Personal Information for any other purpose other than to allow the email to be sent, unless your friend consents.
    • to allow you to participate in sweepstakes, contests, surveys and similar promotions (collectively, "Promotions") and to administer these Promotions. Some Promotions have additional rules, which could contain additional information about how we use your Personal Information, so we suggest that you read these rules carefully.
    • for our internal business purposes, such as data analysis, audits, developing new products, enhancing our website, improving our services, identifying usage trends and determining the effectiveness of our promotional campaigns.
    • as we believe to be necessary or appropriate (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions (including to collect money owed to us); (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

      • 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.

    How Is Personal Information Disclosed?

    Your Personal Information may be disclosed:

    • to our affiliates so that they can use the Personal Information for the purposes described in this Privacy Policy. Each affiliate is jointly responsible for the management of the jointly-used Personal Information.
    • to our third-party service providers who provide services such as digital photo analysis for providing sizing advice, website hosting, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer service, email delivery services, credit card processing, auditing services and other similar services so that they can provide services.
    • by you, on message boards, chat functionality, profile pages, review pages and blogs and other services to which you are able to post information and materials (such as reviews of our products). Please note that any information you post or disclose through these services will become public information, and may be available to visitors to or users of the Services and to the general public. We urge you to be very careful when deciding to disclose your Personal Information, or any other information, on or through the Services. In particular, we ask that you not disclose any sensitive Personal Information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) on or through the Services.
    • to third-party sponsors of Promotions. Again, remember that the rules of a Promotion could allow us to disclose your Personal Information in other ways. Read any Promotion rules carefully.
    • 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 our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
    • as we believe to be necessary or appropriate (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions (including to collect money owed to us); (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

    We have not sold and will not sell your Personal Information. In addition, Personal Information shared with us via SMS text messaging originator opt-in data and consent will not be shared with any third parties, except as necessary to provide the SMS service requested by you.

    We may disclose Personal Information in the following categories for a business purpose:

    1. identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers;
    2. signature, images, physical characteristics or description, telephone number, state identification card number, credit card number or debit card number;
    3. products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies;
    4. Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with an Internet website, application, or advertisement;
    5. geolocation data gathered through your computer's IP address or the GPS coordinates of your mobile phone. Wacoal uses geolocation data to tailor email marketing campaigns and create a more personalized experience for customers, including sending targeted advertisements and product offers to specific audiences;
    6. audio, electronic or similar information; or
    7. inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes

    INFORMATION COLLECTED AUTOMATICALLY

    When you visit the Site, we collect certain information automatically, including:

    • Through your browser: We and our third party service providers may collect certain information that is collected by most browsers, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system version and Internet browser type and version.
    • Using cookies: We and our third party service providers may use "cookies" on the Services. Cookies allow a web server to transfer data to a computer for recordkeeping and other purposes. We use cookies and other technologies to, among other things, better serve you with more tailored information and facilitate your ongoing access to and use of the Services. For example, the Website may use cookies to help keep track of items you put into your shopping bag including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via email or SMS. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to decline the use of cookies. To learn more about cookies, please visit http://www.allaboutcookies.org/. 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.
    • Using pixel tags and other technologies: We and our third party service providers may also use pixel tags, web beacons, clear GIFs or similar means in connection with some Services and HTML-formatted email messages to, among other things, track the actions of users of the Services and email recipients, measure the success of our marketing campaigns and compile statistics about Services usage and response rates.

    IP ADDRESSES

    What is an IP Address?

    Your "IP Address" is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP).

    How do we collect IP Addresses?

    An IP Address is identified and logged automatically in our server log files whenever a user visits or uses 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.

    How do we use and disclose IP Addresses?

    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.

    SIZING APP

    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.

    THIRD PARTY SITES

    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.

    THIRD PARTY ADVERTISERS

    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.

    TARGETED ADVERTISING

    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, Click here or here.

    DO NOT TRACK SIGNALS

    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.

    SECURITY

    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.

    CHOICES AND ACCESS

    What are your choices regarding our use of your Personal Information?

    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:

    • following the unsubscribe instructions located at the bottom of any such email that you receive;
    • following the unsubscribe instructions located in any SMS text message that you receive

    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.

    How can you access your Personal Information?

    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.

    RETENTION PERIOD

    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.

    USE OF SITE BY CHILDREN

    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.

    CROSS-BORDER TRANSFER

    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 Canada, which may provide a different level of data security than your country of residence.

    UPDATES TO THIS PRIVACY POLICY

    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.

    CONTACTING US

    If you have any questions about this Privacy Policy, please contact us by email at [email protected] , or please write to the following address:

    Customer Service
    1 Wacoal Plaza
    Lyndhurst, NJ 07071

    CALIFORNIA CONSUMER PRIVACY ACT

    Under the California Consumer Privacy Act (the “CCPA”), residents of California who use our Services have certain rights, including:

  • The right to request that we disclose to you:
    • the categories of Personal Information we have collected about you;
    • the categories of sources from which the Personal Information is collected;
    • the business or commercial purpose for collecting or selling Personal Information;
    • the categories of third parties with whom we share Personal Information;
    • the specific pieces of Personal Information we have collected about you;
    • the categories of Personal Information about you that we have sold during the preceding 12 months*;
    • the categories of third parties to whom your Personal Information was sold, by category or categories of Personal Information for each third party to whom your Personal Information was sold*; and
    • the categories of Personal Information we have disclosed about you for a business purpose during the preceding 12 months

    *Although you have the right to request this information, we do not sell your Personal Information.

  • The right not to be discriminated against because you exercise any of your rights under the CCPA, including, but not limited to, by:
    • denying you goods or services;
    • charging you different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
    • providing you with a different level or quality of goods or services; or
    • suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
  • The right to request the deletion of your Personal Information.
  • If you would like to make a request under the CCPA, please click here or call the toll-free number provided in the section above entitled “How can you access your Personal Information?”