PRIVACY POLICY

This is the Privacy Policy ("policy") for the website hosted at benhogan.com ("site"). The site is ultimately operated by or on behalf of a wholly owned subsidiary and division of Perry Ellis International, Inc. ("we", "our" or "us"). We are committed to protecting and respecting your privacy. This policy should be read in conjunction with our Cookies Policy available at benhogan.com/CookiePolicy.asp.

Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

By engaging with our site you acknowledge you have read and understood this policy.

For the purposes of European Economic Area data protection law, (the "Data Protection Law"), the data controller is: Perry Ellis International, Inc. (PrivacyConcerns@pery.com).

 

WHAT INFORMATION DO WE COLLECT?

We will collect and process the following personal data from you:

• Information you give us

  This is information about you that you give us directly when you interact with us: This is information about you that you give us by filling in forms on our site or by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you register to use our site, subscribe to our service, search for a product, place an order on our site, participate in discussion boards, sweepstakes, contests or other social media functions on or via our site, enter a competition, promotion or survey, submit a query, and when you report a problem with our site.

  The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph, login and password details.

  It may also include employment details if you send us a CV, resumé or other details of your employment history in connection with an advertised job vacancy or a general enquiry regarding employment opportunities with us.

• Information we collect about you from your use of our site

  We will automatically collect information from you each time you visit our site. This includes:

  • Technical information: Technical information may include the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform.
  • Information about your visit: Information about your visit may include the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number or social media handle used to connect with our customer service team.
    
  • Location data: Location data can include information we collect through the site as to your real time location to provide location services where requested or agreed to by you in order to allow check-in, deliver content, advertising or other services that are dependent on knowing where you are. This information may also be collected in combination with an identifier associated with your device to enable us to recognize your mobile browser or device when you return to the site.
  • Delivery of location: Delivery of location services will involve reference to one or more of the following: (a) the coordinates (latitude/longitude) of your location; (b) look-up of your country of location by reference to your IP address against public sources; and/or (c) your Identifier for Advertisers (IFA) code for your Apple device, or the Android ID for your Android device, or a similar device identifier. See our Cookies Policy for more information on the use of cookies and device identifiers on the site.

• Information we receive from other sources

  This is information we receive about you:

  • If you use any of the other websites or apps we operate or the other services we provide: In this case we will have informed you when we collected that data if we intend to share your data internally and combine it with data collected on this site. We will also have told you for what purpose we will share and combine your data.
  • From third parties we work closely with: We are working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, and search information providers). We will notify you when we receive information about you from them and the purposes for which we intend to use that information.

 

HOW DO WE USE THIS INFORMATION?

We use information held about you in the following ways:

• Information you give to us:

  We will use this information to:

  • Take steps in order to enter into any contract or carry out our obligations arising from any contract entered into between you and us including
    
    
    • to enhance and personalize your shopping experience and to communicate with you for marketing and promotional purposes via targeted postal pieces, phone messages, or personalized emails;
    • administering your account with us;
    • verifying and carrying out financial transactions in relation to payments you make online;
    • notifying you about changes to our service.
      
      
  • Provide you with information about goods or services we feel may interest you, if you have given your consent to receiving marketing material from us at the point we collected your information, where required by law or otherwise in our legitimate interests provided these interests do not override your right to object to such communications. See 'How do you unsubscribe from promotional updates and communications?'.
  • Ensure in our legitimate interests that:
    
    
    • content from our site is presented in the most effective manner for you and for your computer; and
    • we provide you with the information, products and services that you request from us.

• Information we collect about you from your use of our site

  We will use this information in our legitimate interests, where we have considered these are not overridden by your rights:

  • To administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
  • To keep our site safe and secure.
  • For measuring or understanding the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you.
  • To improve our site to ensure that content is presented in the most effective manner for you and for your computer.
  • To allow you to participate in interactive features of our service, when you choose to do so.

• Information we receive from other sources

  We may combine this information with information you give to us and information we collect about you in our legitimate interests (where we have considered that these are not overridden by your rights). We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).

 

HOW DO YOU UNSUBSCRIBE FROM PROMOTIONAL UPDATES AND COMMUNICATIONS?

Where permitted in our legitimate interest or with your prior consent where required by law, we will use your personal information for marketing analysis and to provide you with promotional update communications by email about our products/services.

You can object to marketing at any time by checking and updating your contact details within your account, or selecting the "unsubscribe" link at the end of all our marketing and promotional update communications to you, or by sending us an email to PrivacyConcerns@pery.com.

We honor every request to unsubscribe from receipt of promotional emails within ten (10) days of receiving the request. As such, in compliance with the applicable legal obligations, we may provide to our advertising partners the email address of anyone who has submitted to us an unsubscribe request, provided such company agrees not to disclose or use such email address for any other purpose than honoring your request to not receive our promotional emails.

 

WHERE DO WE STORE YOUR INFORMATION?

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA") that may not be subject to equivalent Data Protection Law.

Where your information is transferred outside the EEA, we will take all steps reasonably necessary to ensure that your data is subject to appropriate safeguards, such as relying on a recognized legal adequacy mechanism, and that it is treated securely and in accordance with this privacy policy.

We may transfer your personal data outside the EEA:

• In order to store it.
• In order to enable us to provide goods or services to you and fulfil our contract with you. This includes order fulfilment, processing of payment details, and the provision of support services.
• Where we are legally required to do so.
• In order to facilitate the operation of our group of businesses, where it is in our legitimate interests and we have concluded these are not overridden by your rights.

 

HOW DO WE PROTECT YOUR INFORMATION?

All information you provide to us is stored on our secure servers. All information input by you and transmitted to our site when you place an order or provide information is protected by password and by encryption using Transport Layer Security ("TLS"). TLS encrypts your order and information before it is transmitted to us to avoid the decoding of your information by anyone other than us.

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site. Any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Our site may, from time to time, contain links to external sites. We are not responsible for the privacy policies or the content of such sites.

 

DO WE DISCLOSE YOUR PERSONAL INFORMATION TO OTHERS?

We may give your information to:

• Any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, who support our processing of personal data under this policy. If any of these parties are using your information for direct marketing purposes, we will only transfer the information to them for that purpose with your prior consent.
• We also may share your personal information with selected third parties who provide services to us, including to process payments, provide customer support, provide electronic online investor information, monitor Website activity, serve Website content, help to maintain our customer database, prevent fraud, administer emails, surveys, or contests and administer and maintain employment application information.

Our selected third parties may include:

• Organisations who process your personal data on our behalf and in accordance with our instructions and the Data Protection Law. This includes in supporting the services we offer through the site, in particular those providing website and data hosting services, fulfilling your transactions and customer service inquiries, updating your customer information record in our database, deploying our promotional offers to you, fulfilling your request to unsubscribe from our email, providing fulfilment services, distributing any communications we send, supporting or updating marketing lists, facilitating feedback on our services and providing IT support services from time to time. These organisations (which may include third party suppliers, agents, sub-contractors and/or other companies in our group) will only use your information to the extent necessary to perform their support functions.
• Analytics and search engine providers that assist us in the improvement and optimisation of our site and subject to our Cookies Policy (this will not identify you as an individual).
• Business partners who jointly with us provide services to you and with whom we have entered into agreements in relation to the processing of your personal data, in particular to assist us in communicating, promoting and selling our products and services.
• Credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.
• In most cases, payment processing providers who provide secure payment processing services.

We will disclose your personal information to third parties:

• In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets subject to the terms of this privacy policy.
• If we or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets.
• If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of supply terms and other agreements with you; or to protect the rights, property, or safety of us, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction and to prevent cybercrime.

 

HOW DO WE PROTECT A CHILD'S PRIVACY?

Protecting the safety of children when they use the Internet is important to us.

The site is intended for use only by persons who are at least 16 years of age or any applicable statutory age of majority (whichever is higher).

By using the site, you confirm to us that you meet this requirement. If you are under the age of 16 or any applicable statutory age of majority (whichever is higher), you confirm you have received permission from your parent or guardian before using this site or sending us personal information.

In keeping with the Children's Online Privacy Protection Act, we will never knowingly request personal information from any person under the age of 13, without first seeking prior verifiable parental consent. If you are under the age of 13 your parent or guardian must consent on your behalf where we ask for consent in relation to the use of your information. If we become aware that a user of our website is under the age of 13 and has provided an online registration without prior verifiable parental consent, we will remove that child's information from our files.

 

DO WE USE "COOKIES"?

The description of how we use cookies and other similar technologies on our website is set out in our Cookies Policy available at benhogan.com/CookiePolicy.asp. This policy should be read in conjunction with our Cookies Policy.

 

DO WE ALLOW USER GENERATED CONTENT?

We may, from time to time, make chat rooms, message boards, news groups, social media, and/or other public forums available to its users. Any information that is disclosed in these areas becomes public information and you should exercise caution when using these and avoid posting any personal information.

 

HOW LONG DO WE KEEP YOUR INFORMATION?

We retain personal data for as long as you have an account with us in order to meet our contractual obligations to you and for seven years after that to identify any issues and resolve any legal proceedings OR insert time period for which personal information is stored or, where that is not possible, the criteria used to determine the period. We may also retain aggregate information beyond this time for research purposes and to help us develop and improve our services. You cannot be identified from aggregate information retained or used for these purposes.

 

WHAT ARE YOUR RIGHTS?

• You have the right under certain circumstances:
  
  
  • to be provided with a copy of your personal data held by us;
  • to request the rectification or erasure of your personal data held by us;
  • to request that we restrict the processing of your personal data (while we verify or investigate your concerns with this information, for example);
  • to object to the further processing of your personal data, including the right to object to marketing (as mentioned in 'Our promotional updates and communications' section;
  • to request that your provided personal data be moved to a third party.
    
    
• You may opt out at any time from allowing further access by us to your location data by uninstalling the App. You may use the standard uninstall processes as may be available for your mobile device
  
  
• Your right to withdraw consent:
  
  
  • Where the processing of your personal information by us is based on consent, you have the right to withdraw that consent without detriment at any time by contacting us. You can also change your marketing preferences at any time as described in 'Our promotional updates and communications' section.;
  • You can also exercise the rights listed above at any time by contacting us at PrivacyConcerns@pery.com.
  • If your request or concern is not satisfactorily resolved by us, you may approach your local data protection authority, (see http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm). The Information Commissioner is the supervisory authority in the UK and can provide further information about your rights and our obligations in relation to your personal data, as well as deal with any complaints that you have about our processing of your personal data.

 

CAN WE CHANGE THIS PRIVACY POLICY?

Any changes we make to our privacy policy in future will be posted on this page and, in relation to substantive changes, will be notified to you by email. This policy was last updated on May 22, 2018.

 

DO WE HAVE LINKS TO OTHER WEB SITES?

There may be links on our website to the web sites of others. When you click onto one of these links, you are leaving our website and accessing another party's website. These other websites are not under our control and may collect Personal Information from you. Our privacy policy does not address the information, privacy and security practices or policies of any other website. For more information, please read our Ben Hogan General Terms and Conditions.

Please send any concerns regarding our privacy policy to PrivacyConcerns@pery.com.

 

YOUR CALIFORNIA PRIVACY RIGHTS

We collect various types of personal information about you both online and offline during the course of our customer relationship. Under California law, if you are a resident of California, you may make a written request to us about how we have shared your information with third parties for their direct marketing purposes. In response to your written request, we are allowed to provide you with a notice describing the cost-free means to opt-out of our sharing your information with third parties with whom we do not share the same brand name, if the third party will use it for their direct marketing purposes.

If you would like to exercise your rights under California law, please send your written request to the email address or postal address below. Your written request must include your postal address so that we may provide you with our notice and third party direct marketing opt-out form. We will provide you with this form within thirty (30) days of receiving your written request.

 

CONTACT US

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to:

Corporate Counsel, Transactions & Privacy
3000 NW 107th Avenue
Miami, Florida, 33172
U.S.A.
PrivacyConcerns@pery.com