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PRIVACY POLICY


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, disclose, and retain your personal information through our website and other online products and services that link to this Policy (collectively, the "Services"), or when you otherwise interact with us. Please review this Policy carefully.


If we make changes to this Policy, we will notify you by revising the date at the bottom of the Policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you a notification).


OUR PRIVACY POLICY: CONTENTS



COLLECTION OF PERSONAL INFORMATION


The types of personal information we collect about you 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, when you engage in any of the activities listed below:

  • Place an order from our website;
  • Make a purchase at one of our Tommy Bahama Full-Price Retail Stores, Tommy Bahama Restaurants & Bars or Tommy Bahama Outlet Stores (collectively, our "Stores");
  • 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;
  • Participate in a marketing survey, promotion, or event; and
  • Participate in Tommy Bahama social media including ratings & reviews and stories.

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, account information (such as account password and promo award cards), payment information, information you provide to Guest Services, and information provided in your product reviews (such as user name, city, state, age range, height and body type).


Personal Information We Collect Automatically


We automatically collect personal information when you access and use our Services or shop in our Stores. The types of personal information we collect may include:

  • Networking and device information, such as your browser type, hardware model, operating system version, IP address, unique device identifiers, and language settings;
  • Information about your activity on our Services, such as your access times, pages viewed, the routes by which you access our Services, and your use of any hyperlinks available within our Services;
  • Information about your purchases or transactions with us, including records of products or services you have purchased, returned or are considering purchasing from us;
  • Information collected via cookies, web beacons, and other tracking technologies, including information about your browsing behavior, purchase behavior, and other engagement with our Services (see our Cookie Policy and Advertising and Analytics Services Provided by Others below for further information); and
  • Video recordings and photographs we collect in our Stores for security, fraud and loss prevention purposes; and
  • Geolocation in accordance wtih your device permissions;

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 we partner with to run the Tommy Bahama Island Club mobile application and make online reservations for Tommy Bahama Restaurants & Bars; and
  • Advertising networks and cooperatives, demographic companies, analytics companies, data hygiene and append companies and market research companies.

The types of personal information we collect from other sources may include name, contact information, demographic information, product preferences and product purchases.


Personal Information We Derive


We may derive information or draw inferences about you based on the other types of personal information we collect. For example, we may infer your location based on your IP address or that you are interested in purchasing a certain type of clothing 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 you with the best possible customer experience. Specifically, we use personal information to:

  • Provide our products and services, complete transactions and as otherwise needed to carry out our ongoing business relationship with you;
  • Communicate with you about products, services, contests, promotions and other information, unless you have opted out of such communications (see "Opting Out of Marketing Communications" for more information);
  • Administer and fulfill our contests, sweepstakes and other promotions and deliver rewards;
  • Identify, report and repair errors that impair 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 advertisements, content or features that match your profiles or interests;
  • Link or combine with information we get from others to help understand your needs and provide you with better service; and
  • Carry out any other purpose described to you at the time the information was collected.

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SHARING OF PERSONAL INFORMATION


We may share your personal information for the purposes described below:

  • With our Affiliated Companies. We may share personal information with our holding company, subsidiaries and affiliates for the purposes described in the "Use of Personal Information" section above.
  • With our Service Providers. We share personal information with our service providers who perform services on our behalf, such as sending communications to our customers, conducting surveys, processing payments, conducting analytics, providing logistics services, etc. We contractually restrict these service providers from making any other use or disclosure of your information.
  • With our Partners. We may share personal information when we partner with another company in a joint marketing program to offer or provide products, services, contests, or promotions to our customers. If you want to opt-out of this sharing, please contact us.
  • With other Entities for Marketing Purposes. We may share your name, postal address, and shopping history with like-minded organizations whose privacy policies meet the Direct Marketing Association's privacy standards, for their direct mail marketing purposes. From time to time we might establish a business relationship with other persons or entities whom we believe are trustworthy and rent, exchange, share and/or cross-reference information, including contact information, demographic information, and purchase history. If you want to opt-out of this sharing, please contact us.
  • In Connection with a Corporate Transaction. 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.
  • With our Professional Advisors. We share personal information with our legal, financial, insurance and other advisors in connection with the kinds of corporate transactions described above or in connection with the management of all or part of Tommy Bahama’s business or operations.
  • With Law Enforcement Authorities and Individuals Involved in Legal Proceedings. We may share 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 of Tommy Bahama or others.
  • With Your Consent or at Your Direction. We share personal information with third parties when we have your consent, or you intentionally direct us, to do so. For example, if you decide to participate in certain interactive areas or features of the Services, such as writing a product review, you consent to the disclosure of any personal information you provide in connection with your post.

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YOUR CHOICES


Accessing and Correcting 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.


Opting Out of Marketing Communications

We want to communicate with you only if you want to hear from us. Tommy Bahama provides a choice in communication for customers so you can receive information from us at your discretion. 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 removed from ("Do Not Email," "Do Not Mail," or "Do Not Call"). Please note that requests by email or phone may take up to ten business days to process. You can also unsubscribe from our promotional emails by clicking the unsubscribe link provided at the bottom of any Tommy Bahama promotional email.


Geolocation Information

You may choose not to provide your precise geolocation data in connection with your use of our mobile application by declining any prompt requesting such information. You may prevent this collection by changing your mobile device settings to prevent sharing of location information or by disabling Bluetooth on your device.


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ADVERTISING AND ANALYTICS SERVICES PROVIDED BY OTHERS


We may allow others to provide analytics services and serve advertisements on our behalf across the web. These entities may use cookies, web beacons, device identifiers and other technologies to collect information about your use of the Services and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked, and conversion information. This information may be used by us and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites, and better understand your online activity. For more information about how we use cookies and your choices concerning cookies, please refer to our Cookie Policy. For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices.


We may also work with third parties to serve ads to you as part of a customized campaign on third-party platforms (such as Facebook, Microsoft or Google). As part of these ad campaigns, we or third-party platforms may convert information about you, such as your email address and phone number, into a unique value that can be matched with a user account on these platforms to allow us to learn about your interests and to serve you advertising that is customized to your interests. Note that the third-party platforms may offer you choices about whether you see these types of customized ads.


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LINKS TO OTHER SITES


Occasionally we provide links on our websites to other sites we think you will enjoy. These sites operate independently of us and have established their own privacy and security policies. For the best online experience, we strongly encourage you to review these policies at any site you visit. We are not responsible for the content or practices of any linked websites which are provided solely for the convenience and information of our visitors.


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NOTICE TO INTERNATIONAL CUSTOMERS


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. If you have questions about how Borderfree collects, uses, and shares your personal information, please contact Borderfree or review their privacy policy.

If you visit our website from the European Economic Area ("EEA") and choose to sign up for our marketing emails, we will process your personal information to send you marketing communications. The legal basis for such processing is our legitimate interest in providing you information that may be of interest to you. If you have questions about Tommy Bahama's data practices or would like to exercise other rights that may be available to you under local law, please contact us at privacy@tommybahama.com or 00+1.206.905.2808.


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YOUR CALIFORNIA PRIVACY RIGHTS


Consumers residing in California are afforded certain additional rights with respect to their personal information. If you are a California resident, this section applies to you.


California Consumer Privacy Act (CCPA)

In the preceding 12 months, we have collected the following categories of personal information: identifiers, characteristics of protected classifications under California or U.S. law, commercial information, Internet and electronic network activity, geolocation data, audio and visual information, financial information, inferences drawn about your preferences, and other categories of personal information that relate to or are reasonably capable of being associated with you. For examples of the precise data points we collect, please see "Collection of Personal Information" above. We collect personal information for the business and commercial purposes described in the "Use of Personal Information" section above. 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 as described in the "Personal Information We Collect from Other Sources" section above. We share the categories of personal information listed above with the categories of third parties as described in the "Sharing of Personal Information" section above. In the preceding 12 months, we have disclosed the categories of personal information listed above for business and commercial purposes as described in the "Sharing of Personal Information" section above.


The CCPA requires us to provide transparency about personal information we “sell,” which broadly means sharing personal information for monetary or other valuable consideration, and to give California residents the right to opt-out of the sale of their personal information. In the preceding 12 months, we sold the following categories of personal information to third parties to facilitate certain marketing activities and allow our advertising partners to show ads that are targeted to your interests: identifiers, commercial information, and Internet or other electronic network activity information. We describe these disclosures of personal information in more detail in the “Sharing of Personal Information” section above. If you are a California resident, you can submit your request to opt-out of having your personal information shared with third parties for marketing activities by calling 1.866.986.8282 or emailing us at privacy@tommybahama.com.


Subject to certain limitations, the CCPA provides California consumers with the right to request more information about the categories and specific pieces of personal information we collected, sold and disclosed for a business purpose in the preceding 12 months, deletion of their personal information, and to opt out of sales of their personal information. California consumers also have the right to not be discriminated against for exercising their rights under CCPA. California consumers may exercise their rights by calling 1.866.986.8282 or emailing us at privacy@tommybahama.com. We will verify your request by asking you to provide information related to your recent interactions with us, such as information regarding a recent purchase. To designate an authorized agent to exercise these rights on your behalf, please contact us. We will not discriminate against you if you choose to exercise your rights under the CCPA.


Shine the Light Law

California's "Shine the Light" law, Civil Code section 1798.83, 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 information-sharing. We have such a policy. As discussed above, if you want to opt-out of any sharing of your information please contact us.


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YOUR CANADIAN PRIVACY RIGHTS


When we collect or otherwise acquire personal information about Canadian customers from third parties, we enter into a contract with the third party which requires them to ensure, and provide assurances to us, that they obtained informed express consent to disclose your personal information to us. If you want to know if we have obtained any information from a third party, or have any questions or concerns about the collection, use, disclosure, or correction of your personal information please contact us as set out below.


We do not share any personal information about our Canadian customers for marketing purposes such as shopping history or account information. We do provide your postal address as a Tommy Bahama 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.


Your personal information may be stored and accessed by us in Canada and the United States. We use third party service providers which may be located in, or may have servers in the United States or another country. Your information may be accessible to governmental and law enforcement organizations in those countries. We do not authorize any of our service providers to make any other use or disclosure of your information. 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 will only send you marketing communications by email or text if you have expressly asked us to do so.


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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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Last Revised: January 1, 2020