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20230701_privacy_policy

Privacy Policy

Last Updated: July 1, 2023


This Privacy Policy ("Policy") explains how Tommy Bahama Group, Inc., Tommy Bahama R&R Holdings, Inc. and Tommy Bahama Canada ULC (collectively, "Tommy Bahama," "we," or "us") collect, use, and disclose personal information about you. This Policy applies to information we collect when you access or use our website and other online products and services that link to this Policy (collectively, the "Services"), shop in our stores, dine in our restaurants, communicate with guest services, or otherwise interact with us. Please review this Policy carefully. We may provide different or additional notices of our privacy practices with respect to certain products or services, in which case this Policy will not apply. In addition, this Policy does not apply to Tommy Bahama Furniture websites or stores, which are operated by Lexington Furniture Industries, Inc. and subject to a separate privacy policy. This Policy also does not apply to the Tommy Bahama Island Club rewards program or mobile application, which are operated by Thanx and subject to a separate privacy policy.


We may change this Policy from time to time. If we make changes to this Policy, we will notify you by revising the date at the top of the Policy. If we make material changes, we will provide you with additional notice (such as by adding a statement to the Services or sending you a notification). We encourage you to review this Policy regularly to stay informed about our information practices and the choices available to you.


Contents



Collection of Personal Information


The categories of personal information we collect and the sources from which we collect it depend on your interactions with us and are described in more detail below.


Personal Information You Provide Directly to Us


We collect personal information directly from you, including when you engage in any of the activities listed below:


  • Place an order from our website;
  • Make a purchase at one of our stores or restaurants;
  • Return an item or make an exchange from a previous purchase;
  • Inquire about our products or services;
  • Contact us to request assistance or provide feedback, including correspondence with guest services or our store associates;
  • Call us to make a reservation at one of our Tommy Bahama Restaurants & Bars;
  • Create an online account and profile;
  • Subscribe to receive our emails;
  • Enter a contest or sweepstakes;
  • Submit a product review;
  • Participate in a marketing survey, promotion, or event; and
  • Interact with us on social media, including by posting content and tagging us.

The types of personal information we collect directly from you may include your name, email address, postal address, phone number, birthday, marketing preferences, product preferences, size information, account information (such as account password and promo award cards), dietary preferences, information provided in your product reviews (such as user name, photos, city, state, age range, height, and body type), and any other information you choose to provide.


If you make a purchase from us, we work with a third-party payment processor to collect and process your payment information.


Personal Information We Collect Automatically


We automatically collect personal information when you access and use our Services, shop in our stores, or dine in our restaurants, including:


  • Device and Usage Information: We collect information about how you access and use our Services, including device information, such as your browser type, hardware model, operating system version, IP address, unique device identifiers, and language settings. We also collect information about your activity on our Services, such as items placed in your shopping cart, your access times, pages viewed, the routes by which you access our Services, and your use of any hyperlinks available within our Services.
  • Transaction Information: When you make a purchase or return, we collect information about your transaction, including products or services you purchased, returned, or are considering purchasing from us, the purchase price, and the date and location of the transaction.
  • Information collected via cookies, web beacons, and other tracking technologies: We (and those that perform work for us) use cookies, web beacons, and other tracking technologies to collect information about your browsing behavior, purchase behavior, and other engagement with our Services. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular, and count visits. Web beacons (also known as “pixel tags” or “clear GIFs”) are electronic images that we use on our Services and in our emails to help deliver cookies, count visits, and understand usage and campaign effectiveness. See the "Targeted Advertising and Analytics" and "Cookies and Similar Tracking Technologies" sections below for further information.
  • Video, Images, and Audio: We collect video recordings and photographs in our stores for security, fraud, and loss prevention purposes, and we may record calls you place to customer service.

Personal Information We Collect from Other Sources


We may collect personal information about you from other sources. For example, we may collect personal information about you from:


  • Other companies when we offer joint promotions and marketing campaigns;
  • Other customers who provide information about you, such as to send you a gift or sign up for a refer-a-friend program;
  • Providers of rewards programs and online booking services, such as companies that run the Tommy Bahama Island Club rewards program and mobile application and that we partner with to enable online reservations for Tommy Bahama Restaurants & Bars;
  • Order processing partners, such as fraud prevention partners, shipping partners, and fulfillment partners; and
  • Marketing and advertising companies, data co-ops, mailing list providers, and market research companies.

The types of personal information we collect from other sources may include name, email address, mailing address, demographic information, product preferences, restaurant reservation information, and product purchases.


Personal Information We Derive


We may derive information or draw inferences about you based on the information we collect. For example, we may infer your approximate location based on your IP address or that you are interested in purchasing certain products based on your browsing behavior on our Services.


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Use of Personal Information


We use the personal information we collect to provide, maintain, and improve our products and services. We also use personal information to:


  • Communicate with you about products, services, contests, promotions, and other information offered by Tommy Bahama and others that we think will interest you, unless you have opted out of such communications (see "Opting Out of Marketing Communications" for more information);
  • Provide and administer our loyalty program;
  • Administer and fulfill our contests, sweepstakes, and other promotions and deliver rewards;
  • Identify, report, and repair errors that impair the functionality of our Services;
  • Analyze trends and statistics, learn more about your shopping preferences and your interaction with our Services, and improve your shopping experience;
  • Detect, investigate, and prevent security incidents and protect against malicious, deceptive, fraudulent, or illegal activity;
  • Respond to your comments, questions, and requests and provide customer service;
  • Personalize and improve the Services and provide content or features that match your profile and interests;
  • Target advertisements to you on third-party platforms and websites unless you have opted out (see "Targeted Advertising and Analytics" for more information); and
  • Comply with our legal and financial obligations.


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Targeted Advertising and Analytics


We engage others to provide analytics services, serve advertisements, and perform related services across the web and in mobile apps. These entities may use cookies, web beacons, SDKs, device identifiers and other technologies to collect information about your use of the Services and other websites and applications, including your IP address and other identifiers, web browser and mobile network information, pages viewed, time spent on pages or in apps, links clicked, and conversion information. This information is used to deliver advertising targeted to your interests on other companies’ sites or mobile apps and to analyze and track data including to understand how our ads perform and determine the popularity of certain content, and better understand your online activity. You can turn off cookies used for ad targeting purposes by clicking the “Your Privacy Choices Your Privacy Choices checkmark icon” link found in the footer of our website and following the instructions in the pop-up window.


In addition, some of our advertising partners enable us to translate your email address or phone number into an identifier that can’t be used to identify you personally. Our advertising partners then use that unique identifier to show ads that are more relevant to you across the web and in mobile apps.


Some of the activities described in this section may constitute “targeted advertising,” “sharing,” or “selling” under certain state privacy laws. See "Additional Information for Specific Jurisdictions - For Customers Residing in Certain U.S. States" for more information and the privacy rights available to residents of California, Colorado, Connecticut, Virginia, and Utah.


You can also learn more about interest-based ads and opt out of having your web browsing information used for behavioral advertising purposes by companies that participate in the Digital Advertising Alliance by visiting www.aboutads.info/choices if you reside in the United States, www.youronlinechoices.eu if you reside in Europe, or www.youradchoices.ca if you reside in Canada.


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Disclosures of Personal Information


In certain circumstances, we may disclose the personal information we collect about you. We disclose the categories of personal information described in "Collection of Personal Information" above in the following ways:


  • Corporate Affiliates. We may disclose personal information to our holding company, subsidiaries, and corporate affiliates for the purposes described in the "Use of Personal Information" section above.
  • Vendors and Service Providers. We make personal information available to our vendors, service providers, and contractors who perform services on our behalf, such as companies that assist us with web hosting, shipping and delivery, fraud prevention, customer service, surveys, payment processing, analytics, and marketing and advertising.
  • Licensees. We may disclose personal information to licensees who make Tommy Bahama-branded products on our behalf.
  • For Marketing Purposes. We may share your personal information with third parties for their own marketing purposes or to expand the reach and effectiveness of our own marketing campaigns.
  • Corporate Transactions. Personal information may be disclosed or transferred as part of, or during negotiations of any purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization, or financing involving Tommy Bahama.
  • Professional Advisors. We disclose personal information to our legal, financial, insurance, and other advisors in connection with the kinds of corporate transactions described above or in connection with the management of Tommy Bahama’s business or operations.
  • Law Enforcement Authorities and Individuals Involved in Legal Proceedings. We may disclose personal information about you, if necessary, in our good faith judgment, to comply with laws or regulations or in response to a valid subpoena, order, or government request, or to protect the rights, property, or safety of Tommy Bahama or others.
  • Consent. We make personal information available to third parties when we have your consent or you intentionally direct us to do so. For example, if you decide to submit a product review, you direct us to post the personal information you provide publicly.

We also disclose aggregated or de-identified information that cannot reasonably be used to identify you. Tommy Bahama processes, maintains, and uses this information only in a de-identified fashion and will not attempt to re-identify such information, except as permitted by law.


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Your Privacy Choices


Updating Your Account Information

You can review and modify your online account information at any time. To access your online account, simply click "My Account" at the top of any web page and sign in when prompted. You can also update your account information by calling guest services at 1.866.986.8282.


Cookies and Similar Tracking Technologies

As described above, Tommy Bahama uses cookies and similar tracking technologies for various purposes, including to analyze visits to our websites and deliver targeted advertising on other companies' sites or mobile apps. You can turn off cookies used for ad targeting purposes by clicking the "Your Privacy Choices" link found in the footer of our website and following the instructions in the pop-up window. In addition, most web browsers are set to accept cookies by default. If you prefer, you can usually adjust your browser settings to remove or reject browser cookies. Please note that removing or rejecting cookies could affect the availability and functionality of our Services.


Opting Out of Marketing Communications

If you would like to stop receiving promotional communications from us, please contact us and specify from which list(s) you would like to be unsubscribed ("Do Not Email," "Do Not Mail," or "Do Not Call"). You can also unsubscribe from our promotional emails by clicking the unsubscribe link provided at the bottom of any Tommy Bahama promotional email. If you opt out, we may still send you non-promotional messages, such as those about your account or our ongoing business relations.


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Additional Information For Specific Jurisdictions


For Customers Residing in Certain U.S. States


California, Colorado, Connecticut, Utah, and Virginia have enacted consumer privacy laws that grant their residents certain rights and require additional disclosures (“State Laws”). If you are a resident of one of these states, this section applies to you.


Additional Disclosures

Our Policy explains how we collect, use, and disclose information about you, as well as our targeted advertising and analytics practices. As required by certain State Laws, below we use two different tables to explain this same information, including the categories of personal information we collect (and have collected over the preceding 12 months), the types of entities to which we disclose such information, and the ways we use each category of information.

Collection, Use, and Disclosure of Personal Information for Business Purposes



Categories of Personal Information

Categories of Recipients

Use of Personal Information

Identifiers (such as your name, email address, or IP address)

Advertising and marketing partners, Internet service providers, data analytics providers, operating systems and platforms, payment processors, fulfillment partners, customer support partners, event partners, fraud prevention partners, licensees

  • Provide, maintain, and improve our products and services;
  • Communicate with you;
  • Provide and administer our loyalty program;
  • Administer and fulfill our contests, sweepstakes, and other promotions and deliver rewards;
  • Identify, report, and repair errors that impair the functionality of our Services;
  • Analyze trends and statistics, learn more about your shopping preferences and your interaction with our Services, and improve your shopping experience;
  • Detect, investigate, and prevent security incidents and protect against malicious, deceptive, fraudulent, or illegal activity;
  • Respond to your comments, questions, and requests and provide customer service;
  • Personalize and improve the Services and provide content or features that match your profile and interests; and
  • Comply with our legal and financial obligations.

Characteristics of protected classifications under California or U.S. law (such as your age range)

Advertising and marketing partners, data analytics providers

Commercial information (such as records of products or services purchased)

Advertising and marketing partners, data analytics providers, operating systems and platforms, payment processors, fulfillment partners, customer support partners, event partners, fraud prevention partners, licensees

Internet and electronic network activity information (such as information from cookies, browsing history, and search history)

Advertising and marketing partners, Internet service providers, data analytics providers, operating systems and platforms, cloud service providers, fraud prevention partners

Geolocation data (such as your city of residence)

Cloud service providers, advertising and marketing partners, data analytics providers, fraud prevention partners

Audio and visual information (such as call recordings when you contact customer service and CCTV footage from our stores and restaurants)

Fraud prevention partners, customer support partners

Inferences

Advertising and marketing partners, data analytics providers

Other personal information that relates to or is reasonably capable of being associated with you (for example, certain information you submit in connection with a product review or in response to a survey such as your height and clothing size)

Other users of our services, product review partners, customer support partners, data analytics providers, licensees



Personal Information that we “Share,” “Sell,” or Use for “Targeted Advertising”

We disclose the following categories of personal information to third parties for the purpose of engaging in targeted advertising and other marketing activities, including to expand the reach and effectiveness of our own marketing campaigns and for the third parties’ own marketing purposes. These disclosures may be considered “sales” or “sharing” or use of personal information for “Targeted Advertising” under certain State Laws.



Categories of Personal Information "Shared," "Sold," or used for Targeted Advertising

Categories of Third Parties

Identifiers

Lexington Furniture Industries, Inc., data co-ops and advertising and marketing networks

Commercial information

Advertising and marketing networks

Internet and electronic network activity information (including information from cookies)

Advertising and marketing networks



Other Details About Our Information Practices

  • We collect personal information directly from you (for example, when you place an order from our website or make a purchase at one of our stores), automatically when you access or use our Services or shop in our stores, and from third-party sources such as joint marketing partners, each described in more detail in the "Collection of Personal Information" section above.
  • We do not knowingly collect,sell, or share personal information about consumers under the age of 16.
  • We generally do not collection information that is considered "sensitive" under State Laws. In the limited circumstances that we do, such as collection of your account username and password, which is designated as "sensitive" under the California Consumer Privacy Act, we do not use or disclose such sensitive personal information for the purpose of inferring characteristics about you.
  • We retain personal information for as long as necessary to carry out the purposes for which we originally collected it and for other purposes described in this Policy.

Privacy Rights


Opt Out of Sales, Sharing, Targeted Advertising

Some of the activities described in the “Targeted Advertising and Analytics” section above may be considered “sales” or “sharing” of your personal information or use of your information for “targeted advertising” under the law that applies to you. You may opt out of these activities by following the prompts here or, if you are a resident of California or Colorado, by visiting our Services with a legally recognized opt-out preference signal enabled, such as the Global Privacy Control.


In addition, we disclose your information to other entities for marketing purposes as described in Disclosures of Personal Information above. Such disclosures may constitute “sales” of your personal information under the State Laws, and you may opt out of such activities by following the instructions here.


Access, Correction, and Deletion

You have the right to (1) request to know more about and access your personal information, including in a portable format, (2) request deletion of your personal information, and (3) request correction of inaccurate personal information. To request access, deletion, or correction of your personal information, please fill out our webform. You may also call 1.866.986.8282 to submit a request. Once we receive the request, we will validate the information that you provide and send a message to the email address you provided in the request. Please follow the instructions in that email to verify your email address and/or provide any additional information that may be needed to process your request.


Nondiscrimination

We will not discriminate against you for exercising your privacy rights.


Appeals

If we deny your request, you may to appeal our decision by contacting us at privacy@tommybahama.com. If you have concerns about the result of an appeal, you may contact the attorney general in the state where you reside.


Authorized Agents

If you are from California, Colorado, or Connecticut and submitting a rights request as an authorized agent, we may ask you to submit proof of your authorization to make the request, such as a valid power of attorney or proof that you have signed permission from the individual who is the subject of the request. Please do not provide any sensitive personal information in connection with this request, such as a driver's license or other government-issued ID. In some cases, we may contact the individual who is the subject of the request to verify their own identity or confirm you have permission to submit this request.


Notice of Financial Incentives

We offer various financial incentives. For example, we may provide discounts or other benefits to customers who join membership rewards or loyalty programs or sign up to receive our marketing emails. When you participate in a financial incentive, we collect personal information from you, such as identifiers (like your email address or phone number), commercial information (like your purchase preferences and interests or purchase history), professional information, inferences drawn about your preferences, and other categories of personal information that relate to or are reasonably capable of being associated with you. We share this information with our cloud service providers and marketing and advertising partners. You can opt into a financial incentive by following the sign-up or participation instructions provided. If you later decide to opt out, you may do so at any time, such as by following the unsubscribe instructions in the applicable program’s terms and conditions, promotional emails, or contacting us. If you request that we delete any of your personal information that is essential to providing you with the financial incentive or other loyalty program, we will not be able to provide you with the benefits of that program (e.g., if you ask us to delete your email address, we will no longer be able to provide you with early access to sales or other benefits). In some cases, we may provide additional terms and conditions for a financial incentive, which we will provide to you when you sign up. The value of your personal information is reasonably related to the value of the offer or discount presented to you.


Shine the Light Law - California Residents Only

California's "Shine the Light" law requires certain businesses to respond to requests from California customers asking about the businesses' practices related to disclosing personal information to third parties for the third parties' direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties' direct marketing purposes if the customer has exercised an option to opt out of such disclosures. We have such a policy. If you want to opt out of these disclosures of your information please submit your request here.


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For Customers Residing in Canada


If you are a Canadian resident, this section applies to you.


You may exercise your rights to access and correct the personal information we hold about you by filling out our webform.


By submitting personal information to us, or to our service providers and agents, you consent to the collection use, disclosure, and transfer of your personal information in accordance with this Policy and as permitted or required by law. You may withdraw your consent at any time to the collection, use, disclosure, or transfer of your personal information time by contacting us at privacy@tommybahama.com. If you withdraw your consent (or if you decide not to provide certain personal information), you acknowledge that we may not be able to provide you, or continue to provide you, with certain products, services, or information that may be of value to you.


We do not share your shopping history or account information with third parties for marketing purposes. However, we do share your postal address as a Tommy Bahama Canadian customer with marketing partners to use for direct mail marketing purposes. If you would like to opt out of the provision of your information for this purpose, please contact us. To opt-out of interest-based online advertising, and to find information about how to block or limit cookies, visit AdChoices, the Canadian self-regulatory program for online interest-based advertising, administered by the Digital Advertising Alliance of Canada (“DAAC”).


We will retain the personal information that you provide in accordance with applicable laws, and we will take reasonable steps to destroy or permanently de-identify personal information we hold if it is no longer needed for the purposes for which it was collected. Your personal information may be stored and accessed by us in Canada and the United States, and we use third party service providers which may be located in, or may have servers in the United States or another country. We transfer your information to these third-party service providers only to the extent necessary for them to perform the services on our behalf. We do not authorize our service providers to make any other use or disclosure of your information, but your information may be accessible to governmental and law enforcement organizations in those countries.


We will only send you commercial electronic messages (“CEMs”) where we have your express or implied consent to do so. Your consent to receive CEMs is implied where we have an existing business relationship with you, or you have reached out to us and made an inquiry within a certain time frame. You may unsubscribe from receiving CEMs at any time, by clicking the unsubscribe button on an email or following the direction provided in a text message. If you opt out, we may still send you non-promotional messages, such as those about your account or our ongoing business relations.


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For Customers Residing Outside North America


If you are making a purchase on our website that will be shipped outside of the United States or Canada, such purchase is made from a separate company, Borderfree, rather than Tommy Bahama. When you purchase from Borderfree, the information you provide and other transaction information is provided by you to both Borderfree and Tommy Bahama (except for payment information, which is submitted exclusively to Borderfree or its payment processors). Information provided by you to Tommy Bahama in connection with these transactions will be handled by Tommy Bahama in accordance with this Policy. Information provided by you to Borderfree or its payment processor will be handled by Borderfree in accordance with its privacy policy. If you have questions about how Borderfree collects, uses, and discloses your personal information, please contact Borderfree or review their privacy policy.


If you visit our website from the European Economic Area ("EEA"), the United Kingdom, or Switzerland, we will process certain information depending on how you interact with us and our Services. For example: we will collect certain information through cookies and similar technologies, depending upon the preferences you set within our cookie choices menu, and if you sign up for our marketing emails we will process your personal information to send you marketing communications. The legal basis for such processing is your consent, which you may withdraw at any time. You have the right to (1) request to know more about and access your personal information, including in a portable format, (2) request deletion of your personal information, (3) request correction of inaccurate personal information, (4) request restriction of processing of your personal information, and (5) object to the processing of your personal information for certain purposes. To request access, deletion, or correction of your personal information, please fill out our webform. You may also call 1.866.986.8282 to submit a request. Once we receive the request, we will validate the information that you provide and send a message to the email address you provided in the request. Please follow the instructions in that email to verify your email address and/or provide any additional information that may be needed to process your request. In addition, you may have the right to object to certain processing or request we restrict certain processing. To exercise any of these rights, please contact us at privacy@tommybahama.com or 00+1.206.905.2808.


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Contact Us


If you have any questions about this Policy or our information practices, please contact us at:


1.866.986.8282
privacy@tommybahama.com


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