Introduction

Pacific Sunwear of California LLC ("PACSUN" "we" "us" or "our") values its relationship with you and your privacy is important to us. This Privacy and Cookies Policy/Notice at Collection describes what personal information we may receive in connection with your use of PACSUN’s website and its Services (as defined in our Terms of Use), how and why we receive it, your rights and options, and the efforts we make to safeguard it all. For a full discussion of your Privacy Rights please see the Explanation of Your Rights Under Various Laws. That section provides information regarding the rights afforded to European Union and certain US state residents under the law in those respective jurisdictions and the mechanisms under which residents may exercise their rights.

When you provide personal information to PACSUN you agree to provide only true, accurate, current, and complete information.

This Privacy Policy covers PACSUN’s processing as data controller or business as defined by the California Consumer Privacy Act (CCPA) of your personal information, including information we receive when you use PACSUN’s Services or share information with any of PACSUN’s third-party partners. Please take a moment to familiarize yourself with this policy and contact us if you have any questions.

We utilize a variety of technologies, including artificial intelligence, to enhance your navigation of our website and your shopping choices. From easy navigation through our site to offering suggestions based on your shopping interests, our goal is giving you an optimal shopping experience. In so doing, we sometimes partner with businesses with whom we share your personal information. Some of our business partners may share your personal information. We recognize that not everyone wants their personal information shared. The laws in a few states allow for their residents to opt out of sharing their personal information. We are making that option available to all of our customers within the United States, regardless of your state of residence. Please see Explanation of How You Can Exercise Your Rights and What to Expect in the Process.

This Privacy Policy does not apply to the practices of companies that PACSUN does not own or control or to individuals whom PACSUN does not employ or manage, including any of the third parties from which PACSUN may obtain or to which PACSUN may disclose user personal information. The practices of third parties to which PACSUN provides your personal information are governed by their respective privacy policies; however, they are obligated to only process your personal data provided to them by PACSUN for the specific business or commercial purpose for which you provided it to PACSUN.

This policy replaces all previous disclosures we may have provided to you about our privacy practices. We reserve the right to change this policy at any time. Any changes to this policy will become effective upon posting of the revised policy on PACSUN’s Website. If there are material changes to this policy or our privacy practices, we will notify you prior to their becoming effective by posting a notice on the homepage of the Website and we will seek your consent where and when required.

Categories of Personal Information We Collect Including in Past 12 Months

For customers and visitors to our site and stores, we may process the following categories of personal data as evinced by our processing of these categories of personal data in at least the past twelve months:

• Identifiers: such as your real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name.
• Personal Information: such as your name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, education, employment, employment history, bank account number, credit card number, debit card number, gift card, rewards program and coupon code information, or any other financial information.
• Characteristics of Protected Classification under California and federal law: such as age or race, national origin.
• Commercial information: such as records of personal property, products or services purchased, obtained or considered, and other purchasing or consuming histories or tendencies.
• Internet or other electronic network activity: information may include but is not limited to browsing history, search history, and information regarding a consumer's interaction with an internet website, application, or advertisements.
• Geolocation information: such as “Bill To” address, location information (continent, country, region, state or province, zip code, city, store vicinity, and “Ship To” address.
• Audio Visual Information: such as video and images from in-store cameras and audio messages.
• Professional or employment-related information: may include Professional or employment-related information as provided by employees and job applicants.
• Inferences drawn from any of the information identified above: may be used to create a profile about our visitors reflecting the visitor’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
• Sensitive Personal Information: such as your social security, driver’s license, state identification card, account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account, precise geolocation.

Categories of Sources from Which Personal Information is Collected

Personal information about you may be obtained from:

• You: We collect information directly from you whenever you: make a purchase or return merchandise through our online eCommerce store; visit or return merchandise to a physical store; contact us with questions or comments; submit a product rating and/or review; enter our contests or sweepstakes or contests or sweepstakes we are affiliated with; consent to receive our promotional emails or communicate with us; save items to or add to your shopping bag; create a PACSUN account; respond to a survey or questionnaire; engage or participate in customer or market research; contact Customer Service; apply for a job; or fill out any forms on our websites.
• Your Device or Browser: Certain information is automatically collected from your device or browser and analyzed when you visit our Platforms, interact with our Social Media pages or online advertising, or open our emails.
• Third Parties: We work with third parties who provide services to us or to you like analytics, advertising, and technology companies. These third parties share information they have collected with us. Your information may also be collected and processed by third parties such as the payment providers you select who will process your information independently in accordance with their own privacy notices. Your information may also be shared with us by others such as your friends and family when they use a service on our Platforms; for example, by sending you an E-Gift Card or shipping an order to your address.
• Social Media Platforms: Social media platforms share information which is typically aggregated and doesn’t include personal data with us. You may learn how social media platforms collect and use your information by reviewing their privacy notices.
• Cookies: PACSUN uses cookies (small files stored on your device or browser), pixel tags (tiny graphic images embedded in a website or email), and other similar technologies to automatically collect information when you visit or interact with our Platforms or interact with our emails. For a full discussion of our use of Cookies, please see the Cookies section below.

Children--PACSUN

PACSUN has no actual knowledge that it sells or shares the personal information of persons under 16 years of age.

Our Services are not directed to persons under age 13 in the U.S., or the equivalent age in other jurisdictions (such as 16 in the EU). Users must be at least this age to access, use, or register for the Services. We do not knowingly collect, use, or disclose personal information from persons under this age without verifiable parental consent. If we learn that we have collected the personal information of a user under this age without first receiving verifiable parental consent, we will take steps to delete the information as soon as possible.

We do not have actual knowledge that we sale or share personal information of anyone under 16. If someone between 13 and 16 wishes to participate in our providing personal advertising or to participate in our services, we provide a link for that person to Opt-In. Please see the link to Opt-IN

If you are a parent and you think we have inadvertently collected personal information from your child who is under this age, you may contact us to request instructions on how to delete this content from the Services.

Other Information on How PACSUN Manages Your Personal Information

If PACSUN is sold to or merges with another company, or declares bankruptcy, some or all of the personal information collected about you may be transferred to a third-party as a result of the transfer of assets, subject only to agreement by the acquirer that the personal information will be subject to the same or substantially similar privacy protections as those established by this Privacy Policy.

PACSUN collaborates with government agencies and security organizations to prevent fraud and fraudulent use of your information, including your personal information. During fraud prevention investigations, we may share information, including your personal information, with the agencies that assist us, as permitted and required by U.S. law.

Except as otherwise provided in this Privacy Policy, we will only share your personal information with the categories of third parties and service providers described in this Privacy Policy unless we have irreversibly removed any information from which you could be identified, directly or indirectly.

We may collect, use, transfer, and disclose non-personal information for any purpose, including providing it to other parties for marketing, advertising, or other uses.

Statement whether PACSUN Uses or Discloses Sensitive Personal Information

PACSUN does not use nor disclose Sensitive Personal Information except for those purposes allowed under California Civil Code §7027 (m), e.g., provision of goods and services, prevent, detect, and investigate security incidents, to resist, deceptive, fraudulent or illegal acts, to ensure the physical safety of natural people, to perform services on behalf of PACSUN, to maintain the quality and safety of PACSUN’s products and services, or to collect and process sensitive personal information in instances in which the processing is not for the purpose of inferring characteristics about our consumers.

How Long We Keep Your Personal Information

PACSUN retains personal information for the length of time necessary to fulfill the purpose for which it was collected and for so long as it is needed to continue providing its services. When an account is inactive (no purchases, no access to account, or no website visits) for more than one year, it is deleted. When we no longer have a legitimate business purpose to retain your Personal Data, or when you request that we delete your personal data (except pursuant to one of the exceptions noted in this Policy), we will remove your Personal Data from our systems and records and direct our service providers to do the same, that includes taking steps to anonymize it so that you can no longer be identified from it. However, please note that if you make a request to delete your information and then subsequently revisit our website and provide your information again to us for a particular purpose, we will retain your information as stated herein.

How We Protect Your Personal Information

Protecting your personal information is important to us. We use industry standard technology to protect the security of your personal information. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Outages, attacks, human error, system failure, unauthorized use, or other factors may compromise the security of user information at any time. As a result, while we are committed to protecting your personal information and using reasonable practices in doing so, we cannot 100% ensure or warrant the security of any information transmitted to us.

Explanation of Your Rights Under Various Laws (Please click on any link relevant to you)

Rights of European Union Residents

Residents of the European Union are entitled to access the personal information we keep about them, ask for the modification of such information, and receive such information in a structured and standard format. Residents of the European Union also may ask us to erase their personal information or restrict us from processing it. A resident of the European Union has the right to object to processing of their personal information. As permitted under European Union law, a resident’s request for erasure and objection to processing of their personal information may be subject to certain restrictions. To exercise such rights, please Contact Us. Residents of the European Union also have the right to lodge a complaint with a local regulatory authority about how their personal information has been processed.

Rights Under US States Privacy Laws

Certain states have identified specific privacy rights for citizens of those states. PACSUN has decided to allow all its customers and other persons in the US to make the same privacy requests, which we call Personal Data requests, regardless of where you reside and regardless whether your place of residence affords you the legal right to make such requests. PACSUN reserves the right to discontinue this policy at any time, and at its sole discretion, and to limit Personal Data requests to only those residents of those jurisdictions with privacy laws affording the applicable rights.

Below is a synopsis of your rights under specific state privacy laws. You may exercise these rights as described in this Privacy Policy. We will endeavor to honor your requests unless such a request conflicts with certain lawful exemptions under your state’s consumer privacy law.

California

Rights Regarding Personal Information Used for Marketing

If you are a California resident, California law permits you to request information regarding the disclosure of your personal information to third parties for the third parties’ direct marketing purposes. PACSUN does not disclose your personal information for third parties’ direct marketing purposes.

California law also permits minors to request and obtain deletion of certain posted content. For additional information or to make such a request, please contact us.

If you are a California resident, the California Consumer Privacy Act provides you with the following rights with respect to your Personal Information:

• Right to Know and Access – the right to know what personal information the business has collected about you, including the categories of personal information, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of third parties to whom the business discloses personal information, and the specific pieces of personal information the business has collected about the consumer. The easiest way to submit a request to know is by submitting a Personal Information Request. You may also call us at 1 (877) 372-2786. You also may designate an authorized agent to make a request to know on your behalf and that agent may make the request in the same way. To complete your request, we may need additional information from you to verify your identity.
• Right to Correct – the right to request that we correct any Personal Information we have collected about you, subject to certain exceptions. The easiest way to submit a request to correct is by submitting a Personal Information Request. You may also call us at 1 (877) 372-2786. You also may designate an authorized agent to make a request to correct on your behalf and that agent may make the request in the same way. To complete your request, we may need additional information from you to verify your identity.
• Right to Delete – the right to request that we delete any Personal Information we collected from you, subject to certain exceptions. The easiest way to submit a request to delete is by submitting a Personal Information Request. You may also call us at 1 (877) 372-2786. You also may designate an authorized agent to make a request to delete on your behalf and that agent may make the request in the same way. To complete your request, we may need additional information from you to verify your identity.
• Right to Opt Out of Sale or Sharing – the right to request to opt-out of the sale or sharing of your Personal Information. The easiest way to submit a request to opt-out of sale or sharing is by submitting a Personal Information Request. You may also call us at 1 (877) 372-2786. You also may designate an authorized agent to make a request to opt-out of sale or sharing on your behalf and that agent may make the request in the same way.
• Right to Limit Use of Sensitive Personal Information – the right to request to limit our use of your sensitive personal information. Sensitive Personal Information means:
  • Personal information that reveals: (A) a consumer’s social security, driver’s license, state identification card, or passport number; (B) a consumer’s account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; (C) a consumer’s precise geolocation; (D) a consumer’s racial or ethnic origin, religious or philosophical beliefs, or union membership; (E) the contents of a consumer’s mail, email and text messages, unless the business is the intended recipient of the communication; (F) a consumer’s genetic data.
  • The processing of biometric information for the purpose of uniquely identifying a consumer; (B) personal information collected and analyzed concerning a consumer’s health; or (C) personal information collected and analyzed concerning a consumer’s sex life or sexual orientation.
  The easiest way to submit a request to limit the use of your sensitive personal information is by submitting a Personal Information Request. You may also call us at 1 (877) 372-2786. You also may designate an authorized agent to make a request to opt-out of sale on your behalf and that agent may make the request in the same way.
• Right to Data Portability – the right to obtain a copy of specific pieces of personal information obtained from the consumer in a format that is easily understandable to the average consumer, and to the extent technically feasible, in a structured, commonly used, machine-readable format. Consumers have the right to receive the data or the data may be transmitted to another entity at the consumer’s request without hindrance.
• Right to Non-Discrimination – The fact that you have elected to exercise these rights will have no adverse effect on the price and quality of our goods or services.
• Right to Appeal – if we deny your request, you may appeal the denial within 60 days from receipt of our decision on your request. You may submit an appeal by calling this toll-free number at (877) 372-2786 or [email protected]. If your appeal is denied, you may contact the California Attorney General to submit a complaint or express your concerns at https://oag.ca.gov/contact/consumer-complaint-against-business-or-company.

Colorado

If you are a resident of Colorado, the Colorado Privacy Act provides you with the following rights with respect to your Personal Information:

• Right to Know and Access – the right to confirm whether a controller is processing personal data concerning the consumer and to access the consumer’s personal data. The easiest way to submit a request to confirm is by submitting a Personal Information Request.
• Right to Correct – the right to correct inaccuracies in the consumer's personal data, taking into account the nature of the personal data and the purposes of the processing of the consumer's personal data. The easiest way to submit a request to correct is by submitting a Personal Information Request. You may also call us at 1 (877) 372-2786.
• Right to Delete – the right to delete personal data concerning the consumer, subject to certain exceptions. The easiest way to submit a request to delete is by submitting a Personal Information Request. You may also call us at 1 (877) 372-2786.
• Right to Opt Out of Sale or Sharing – the right to opt out of the processing of personal data concerning the consumer for purposes of: targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning a consumer. The easiest way to submit a request to opt-out of sale or sharing is by submitting a Personal Information Request. You may also call us at 1 (877) 372-2786. Residents of Colorado may designate an authorized agent to make a request to opt-out on their behalf and that agent may make the request in the same way.
• Right to Data Portability – the right to obtain a copy of a consumer’s personal data in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another entity without hindrance.
• Right to Provide Affirmative Consent - We cannot process your sensitive data, your sensitive data inferences, or use your personal data for certain purposes without your affirmative consent. “Sensitive Data Inference” or “Sensitive Data Inferences” means inferences made by a Controller based on Personal Data, alone or in combination with other data, which are used to indicate an individual’s racial or ethnic origin; religious beliefs; mental or physical health condition or diagnosis; sex life or sexual orientation; or citizenship or citizenship status.
• Right to Non-Discrimination - The fact that you have elected to exercise these rights will have no adverse effect on the price and quality of our goods or services.
• Right to Appeal – if we deny your request, you may appeal the denial within 45 days from receipt of our decision on your request. You may submit an appeal by calling this toll-free number at (877) 372-2786 or [email protected]. If your appeal is denied, you may contact the Colorado Attorney General to submit a complaint or express your concerns at https://coag.gov/file-complaint/.

Connecticut

If you are a resident of Connecticut, the Connecticut Data Privacy Act provides you with the following rights with respect to your Personal Information:

• Right to Know and Access – the right to confirm whether or not a controller is processing the consumer’s personal data and access such personal data. This right is limited to the extent such confirmation or access would require the controller to reveal a trade secret. The easiest way to submit a request to know is by submitting a Personal Information Request. You may also call us at 1 (877) 372-2786.
• Right to Correct – the right to correct inaccuracies in the consumer’s personal data, taking into account the nature of the personal data and the purposes of the processing of the consumer’s personal data. The easiest way to submit a request to correct is by submitting a Personal Information Request. You may also call us at 1 (877) 372-2786.
• Right to Delete – the right to delete personal data provided by, or obtained about, the consumer. The easiest way to submit a request to delete is by submitting a Personal Information Request. You may also call us at 1 (877) 372-2786.
• Right to Opt Out of Sale or Sharing – the right to opt out of the processing of the personal data for the purposes of: targeted advertising, the sale of personal data, or profiling in furtherance of solely automated decisions that produce legal or similarly significant effects concerning the consumer. The easiest way to submit a request to opt-out of sale or sharing is by submitting a Personal Information Request. You may also call us at 1 (877) 372-2786. Residents of Connecticut may designate an authorized agent to make a request to opt-out on their behalf and that agent may make the request in the same way.
• Right to Data Portability – the right to obtain a copy of the consumer’s personal data processed by the controller, in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another controller without hindrance, where the processing is carried out by automated means, provided such controller shall not be required to reveal any trade secret.
• Right to Provide Affirmative Consent - We cannot process your sensitive data, your sensitive data inferences, or use your personal data for certain purposes without your affirmative consent. Sensitive data means personal data that includes (A) data revealing racial or ethnic origin, religious beliefs, mental or physical health condition or diagnosis, sex life, sexual orientation or citizenship or immigration status, (B) the processing of genetic or biometric data for the purpose of uniquely identifying an individual, (C) personal data collected from a known child, or (D) precise geolocation data.
• Right to Non-Discrimination - The fact that you have elected to exercise these rights will have no adverse effect on the price and quality of our goods or services.
• Right to Appeal – if we deny your request, you may appeal the denial within 60 days from receipt of our decision on your request. You may submit an appeal by calling this toll-free number at (877) 372-2786 or [email protected]. If your appeal is denied, you may contact the Attorney General of your state to submit a complaint or express your concerns at https://www.dir.ct.gov/ag/complaint.

Montana

If you are a resident of Montana, the Montana Consumer Data Privacy Act provide you with the following rights with respect to your Personal Information:

• Right to Access – the right to confirm whether or not a controller is processing the consumer's personal data and to access such personal data. The easiest way to submit a request to know is by submitting a Personal Information Request. You may also call us at 1 (877) 372-2786.
• Right to Correct – the right to correct inaccuracies in consumer’s personal data, considering the nature of the personal data and the purposes of the processing of the consumer's personal data. The easiest way to submit a request to correct is by submitting a Personal Information Request.
• Right to Delete – the right to delete personal data provided by or obtained about the consumer. The easiest way to submit a request to delete is by submitting a Personal Information Request. You may also call us at 1 (877) 372-2786.
• Right to Opt Out of Sale or Sharing – the right to opt out of the processing of the personal data for purposes of targeted advertising, the sale of personal data and profiling in advancing decisions that produce legal or similarly significant effects concerning the consumer. The easiest way to submit a request to opt-out of sale or sharing is by submitting a Personal Information Request. You may also call us at 1 (877) 372-2786.
• Right to Data Portability – the right to obtain a copy of their personal data that they previously provided to the controller in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another controller without hindrance, where the processing is carried out by automated means.
• Right to Provide Affirmative Consent - We cannot process your sensitive data, your sensitive data inferences, or use your personal data for certain purposes without your affirmative consent. Sensitive data means: (1) personal data revealing racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, or citizenship or immigration status; (2) the processing of genetic or biometric data for the purpose of uniquely identifying a natural person; (3) the personal data collected from a known child.
• Right to Non-Discrimination - The fact that you have elected to exercise these rights will have no adverse effect on the price and quality of our goods or services.
• Right to Appeal – if we deny your request, you may appeal the denial within 45 days from receipt of our decision on your request. You may submit an appeal by calling this toll-free number at (877) 372-2786 or [email protected].

Oregon

If you are a resident of Oregon, the Oregon Consumer Privacy Act provides you with the following rights with respect to your Personal Information:

• Right to Access – the right to confirm whether or not a controller is processing the consumer's personal data and to access such personal data. The easiest way to submit a request to know is by submitting a Personal Information Request. You may also call us at 1 (877) 372-2786.
• Right to Correct – the right to correct inaccuracies in consumer’s personal data, considering the nature of the personal data and the purposes of the processing of the consumer's personal data. The easiest way to submit a request to correct is by submitting a Personal Information Request.
• Right to Delete – the right to delete personal data provided by or obtained about the consumer. The easiest way to submit a request to delete is by submitting a Personal Information Request. You may also call us at 1 (877) 372-2786.
• Right to Opt Out of Sale or Sharing – the right to opt out of the processing of the personal data for purposes of targeted advertising, the sale of personal data and profiling in advancing decisions that produce legal or similarly significant effects concerning the consumer. The easiest way to submit a request to opt-out of sale or sharing is by submitting a Personal Information Request. You may also call us at 1 (877) 372-2786.
• Right to Data Portability – the right to obtain a copy of their personal data that they previously provided to the controller in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another controller without hindrance, where the processing is carried out by automated means.
• Right to Provide Affirmative Consent - We cannot process your sensitive data, your sensitive data inferences, or use your personal data for certain purposes without your affirmative consent. Sensitive data means: (1) personal data revealing racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, or citizenship or immigration status; (2) the processing of genetic or biometric data for the purpose of uniquely identifying a natural person; (3) the personal data collected from a known child.
• Right to Non-Discrimination - The fact that you have elected to exercise these rights will have no adverse effect on the price and quality of our goods or services.
• Right to Appeal – if we deny your request, you may appeal the denial within 45 days from receipt of our decision on your request. You may submit an appeal by calling this toll-free number at (877) 372-2786 or [email protected].

Tennessee

If you are a resident of Tennessee, the Tennessee Information Protection Act provides you with the following rights with respect to your Personal Information:

• Right to Access – the right to confirm whether or not a controller is processing the consumer's personal data and to access such personal data. The easiest way to submit a request to know is by submitting a Personal Information Request. You may also call us at 1 (877) 372-2786.
• Right to Correct – the right to correct inaccuracies in consumer’s personal data, considering the nature of the personal data and the purposes of the processing of the consumer's personal data. The easiest way to submit a request to correct is by submitting a Personal Information Request.
• Right to Delete – the right to delete personal data provided by or obtained about the consumer. The easiest way to submit a request to delete is by submitting a Personal Information Request. You may also call us at 1 (877) 372-2786.
• Right to Opt Out of Sale or Sharing – the right to opt out of the processing of the personal data for purposes of targeted advertising, the sale of personal data and profiling in advancing decisions that produce legal or similarly significant effects concerning the consumer. The easiest way to submit a request to opt-out of sale or sharing is by submitting a Personal Information Request. You may also call us at 1 (877) 372-2786.
• Right to Data Portability – the right to obtain a copy of their personal data that they previously provided to the controller in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another controller without hindrance, where the processing is carried out by automated means.
• Right to Provide Affirmative Consent - We cannot process your sensitive data, your sensitive data inferences, or use your personal data for certain purposes without your affirmative consent. Sensitive data means: (1) personal data revealing racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, or citizenship or immigration status; (2) the processing of genetic or biometric data for the purpose of uniquely identifying a natural person; (3) the personal data collected from a known child.
• Right to Non-Discrimination - The fact that you have elected to exercise these rights will have no adverse effect on the price and quality of our goods or services.
• Right to Appeal – if we deny your request, you may appeal the denial within 45 days from receipt of our decision on your request. You may submit an appeal by calling this toll-free number at (877) 372-2786 or [email protected].

Texas

If you are a resident of Texas, the Texas Data Privacy and Security Act provides you with the following rights with respect to your Personal Information:

• Right to Access – the right to confirm whether or not a controller is processing the consumer's personal data and to access such personal data. The easiest way to submit a request to know is by submitting a Personal Information Request. You may also call us at 1 (877) 372-2786.
• Right to Correct – the right to correct inaccuracies in consumer’s personal data, considering the nature of the personal data and the purposes of the processing of the consumer's personal data. The easiest way to submit a request to correct is by submitting a Personal Information Request.
• Right to Delete – the right to delete personal data provided by or obtained about the consumer. The easiest way to submit a request to delete is by submitting a Personal Information Request. You may also call us at 1 (877) 372-2786.
• Right to Opt Out of Sale or Sharing – the right to opt out of the processing of the personal data for purposes of targeted advertising, the sale of personal data and profiling in advancing decisions that produce legal or similarly significant effects concerning the consumer. The easiest way to submit a request to opt-out of sale or sharing is by submitting a Personal Information Request. You may also call us at 1 (877) 372-2786.
• Right to Data Portability – the right to obtain a copy of their personal data that they previously provided to the controller in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another controller without hindrance, where the processing is carried out by automated means.
• Right to Provide Affirmative Consent - We cannot process your sensitive data, your sensitive data inferences, or use your personal data for certain purposes without your affirmative consent. Sensitive data means: (1) personal data revealing racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, or citizenship or immigration status; (2) the processing of genetic or biometric data for the purpose of uniquely identifying a natural person; (3) the personal data collected from a known child.
• Right to Non-Discrimination - The fact that you have elected to exercise these rights will have no adverse effect on the price and quality of our goods or services.
• Right to Appeal – if we deny your request, you may appeal the denial within 45 days from receipt of our decision on your request. You may submit an appeal by calling this toll-free number at (877) 372-2786 or [email protected].

Utah

If you are a resident of Utah, The Utah Consumer Privacy Act (effective 31 December 2023) provides you with the following rights with respect to your Personal Information:

• Right to Access – the right to confirm whether a controller is processing the consumer’s personal data; and access the consumer’s personal data. The easiest way to submit a request to know is by submitting a Personal Information Request. You may also call us at 1 (877) 372-2786.
• Right to Delete – the right to delete the consumer’s personal data that the consumer provided to the controller. The easiest way to submit a request to delete is by submitting a Personal Information Request. You may also call us at 1 (877) 372-2786.
• Right to Opt Out of Certain Processing – the right to opt out of the processing of the consumer’s personal data for the purposes of targeted advertising; or the sale of personal data. The easiest way to submit a request to opt-out of sale or sharing is by submitting a Personal Information Request. You may also call us at 1 (877) 372-2786.
• Right to Data Portability – the right to obtain a copy of their personal data in a format that is portable and readily usable, where technically feasible and to the extent practicable. Consumers have the right to transmit the data to another controller without impediment where processing is carried out by automated means.
• Right to Non-Discrimination – The fact that you have elected to exercise these rights will have no adverse effect (discrimination) against a consumer for exercising a right by denying a good or service to the consumer, charging the consumer a different price or rate for a good or service, or providing the consumer a different level of quality of a good or service.

Virginia

If you are a resident of Virginia, the Virginia Consumer Data Protection Act provides you with the following rights with respect to your Personal Information:

• Right to Access – the right to confirm whether or not a controller is processing the consumer's personal data and to access such personal data. The easiest way to submit a request to know is by submitting a Personal Information Request. You may also call us at 1 (877) 372-2786.
• Right to Correct – the right to correct inaccuracies in consumer’s personal data, considering the nature of the personal data and the purposes of the processing of the consumer's personal data. The easiest way to submit a request to correct is by submitting a Personal Information Request.
• Right to Delete – the right to delete personal data provided by or obtained about the consumer. The easiest way to submit a request to delete is by submitting a Personal Information Request. You may also call us at 1 (877) 372-2786.
• Right to Opt Out of Sale or Sharing – the right to opt out of the processing of the personal data for purposes of targeted advertising, the sale of personal data and profiling in advancing decisions that produce legal or similarly significant effects concerning the consumer. The easiest way to submit a request to opt-out of sale or sharing is by submitting a Personal Information Request. You may also call us at 1 (877) 372-2786.
• Right to Data Portability – the right to obtain a copy of their personal data that they previously provided to the controller in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another controller without hindrance, where the processing is carried out by automated means.
• Right to Provide Affirmative Consent – We cannot process your sensitive data, your sensitive data inferences, or use your personal data for certain purposes without your affirmative consent. Sensitive data means: (1) personal data revealing racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, or citizenship or immigration status; (2) the processing of genetic or biometric data for the purpose of uniquely identifying a natural person; (3) the personal data collected from a known child.
• Right to Non-Discrimination – The fact that you have elected to exercise these rights will have no adverse effect on the price and quality of our goods or services.
• Right to Appeal – if we deny your request, you may appeal the denial within 45 days from receipt of our decision on your request. You may submit an appeal by calling this toll-free number at (877) 372-2786 or [email protected]. If your appeal is denied, you may contact the Virginia Attorney General to submit a complaint or express your concerns at https://www.oag.state.va.us/consumer-protection/index.php/file-a-complaint.

Explanation of How You Can Exercise Your Rights and What to Expect in the Process

If you are a US resident, PACSUN has decided to allow all its customers and other persons in the United States to make the same privacy requests, which we call Personal Information Requests, regardless of where you reside and regardless whether your place of residence affords you the legal right to make such requests. PACSUN reserves the right to discontinue this policy at any time, and at its sole discretion, and to limit Personal Information requests to only those residents of those jurisdictions with privacy laws affording the applicable rights. The easiest way to submit a request to know is by submitting a Personal Information Request. You may also call us at 1 (877) 372-2786.

Except with respect to Requests to Opt-Out of the Sale or Sharing of Personal Information, PACSUN will verify the person’s identity before complying with any such requests. For your request, we will verify your identity by asking you to log in to your account if you have one with us. Or if you do not, we may ask for your email address, order numbers of previous orders, or other information we think would allow us to verify your request. For all requests, PACSUN will verify a person’s identity by matching the person’s name, email address, and telephone number with its existing records. To verify certain requests related to your Personal Information, PACSUN may require a signed declaration under penalty of perjury that the requestor of the information is the person to whom the personal information requested belongs. Therefore, after receiving a request for or in relation to personal information, PACSUN will contact the requesting person to obtain the signed declaration. If PACSUN cannot verify a person’s identity from the information already in its existing records, PACSUN may request additional information from the person which will only be used for the purposes of verifying the identity of the person seeking to exercise the privacy options outlined here and for security or fraud prevention purposes. PACSUN will inform the person if it is unable to verify the person’s identity.

Upon verifying your identity, we will proceed with honoring your Personal Information Request promptly, subject to any legal restriction on PACSUN honoring it.

You may elect to have an Authorized Agent submit a Personal Information Request on your behalf. We will honor your representative’s request in the same manner and only after we verify your identity to ensure the request is yours. To use an authorized agent, you must provide the agent with signed authorization. In addition, you may be required to verify your own identity with PACSUN and or directly confirm with PACSUN that you authorized the agent to submit the Personal Information Request on their behalf. PACSUN may deny a request from an agent that does not submit proof that they have been authorized by you to act on their behalf. Such requirements, however, will not apply where a person has provided the authorized agent with power of attorney pursuant to the law of their state of residence.

To use an authorized agent, you must provide the agent with signed permission to submit the request. An authorized agent should submit requests to [email protected] and should include proof of signed permission from the underlying data subject to submit the request. An authorized agent may also call our toll free number, (877) 372-2786 to submit a request. We may deny a request from an agent that does not submit signed permission demonstrating that it has been authorized by the data subject to submit the request.

Cookies and Other Tracking Technologies

Cookies are data files saved to your computer’s hard drive when you visit a site. A “session cookie” expires immediately when you end your session (i.e., close your browser). A “persistent cookie” stores information on the hard drive so when you end your session and return to the same website at a later date, the cookie information is still available.

We use session and persistent cookies, either directly or through a third-party partner, as well as other tracking technologies (including but not limited to pixel tags and web beacons). These cookies enable us to operate our Services as you have requested, and facilitate your browsing and the use of our Services, so that you enjoy a seamless experience (e.g., we will remember your preferred language and will display the content of our Services accordingly). Please note that we use cookies to carry out traffic and business analytics as well as statistics activities. Our use of these tools enables us to understand how you use our Services and improve them, as well as to provide you with targeted advertising.

You can choose to have your computer warn you each time a cookie is being sent and decide if you are willing to accept it or not, or you can choose to turn off all cookies. Additionally, PACSUN recognizes Opt-Out Preference Signals, also called Global Privacy Controls. If your browser is one which has this functionality and you have activated this feature, only required cookies will load. However, if you turn cookies off, you won’t have access to many features that make your site experience more efficient, and some of our Services will not function properly.

If you consent to our use of cookies but later wish to opt out, you may do so at any time through your browser settings, which allow you to delete the cookies that have been set and change your browser settings to block all or part of any further cookies.

Pixels, Web Beacons, Google Analytics, and other technologies: We also work with advertising, marketing, and analytics partners, such as Google, Meta, and TikTok. These partners may use cookies, web beacons, pixel tags, and other storage technologies to collect or receive information from our website and elsewhere on the Internet. Web beacons, also called Web Bugs or Pixel tags, are small clear graphic images which are loaded on a web page or an email. They are used to analyze viewing of a webpage or email. These Beacons or Pixels are used for such things as to count online ad impressions or to understand the effectiveness of an ad campaign. These also can be used in conjunction with cookies which attach to your device and track your activity across various websites. These technologies record your visit and interaction with our website and other online visits. We use that information to provide measurement services, target and deliver ads, or to serve ads on this or other sites, using information collected through the use of industry standard technologies such as cookies and pixel tags. These partners may receive information about you over time and across different websites when you use our Services. Our corporate affiliates also may receive your personal information when you use our Services.

We may use a third party such as Google Analytics to help us gather and analyze information about the areas visited on our websites (such as the pages visited, time spent, search terms and other engagement data) in order to evaluate and improve the user experience and the site. These third parties may use cookies and other tracking technologies. For more information about Google Analytics or to prevent the storage and processing of this data (including your IP address) by Google, you can download and install the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en. You can also obtain additional information on Google Analytics’ data privacy and security at the following links:

• https://policies.google.com/technologies/partner-sites
• https://support.google.com/analytics/topic/2919631

We may use Session AI technology to track your activity on our website in order to provide a better experience for you on our website and to provide products that more closely fit your choices.

We do not track or collect information regarding video content which you may view on our website.

We do not use Session Replay except for the limited internal purpose of troubleshooting and maintaining our website and improving your experience.

Automated-Decision Making Tools

We use automated decision-making tools or processes in order to prevent misuse of our website and to prevent fraud when you purchase via our website. This may lead to a refusal of the transaction. Should you not agree with this refusal, please contact our customer service department.

Personal Mobile Phone Information

Except as necessary to provide you with requested mobile messaging, as required by law, to avoid liability, or to protect our rights or property, we will not disclose your Personal Mobile Phone Information to any persons or entities outside of our company, nor lease, license, rent, transfer, disclose, disseminate or otherwise grant access to such information.

Financial Incentives

Information regarding financial incentives offered by PACSUN is provided below. Note that certain US state law requires that PACSUN reference specific categories of personal information collected, shared, and sold. PACSUN may collect, sell, or share only certain pieces of personal information described in a given category and may not collect, share, or sell certain pieces of personal information described in each category.

When you sign up for PACSUN Rewards, you agree to receive targeted advertising that is based on your preferences and interests. The benefits you receive for providing your Contact information, name and email address, payment account information, and birthday, include superior pricing, level and selection of goods or services. The following third parties receive your personal data: analytics providers, third-party advertisers, payment processors, and other merchants. Our partner in providing the PACSUN Rewards program is Merkle, Inc.

By signing up with their name, email address, postal address, mobile phone number, information regarding shopping tendencies, and a birthdate, members in the PACSUN Rewards Program can earn points with every purchase and by completing certain activities. In particular, members can earn 1,250 points and they will receive a $5 reward off their next purchase. Members also receive a $5 reward for signing up.

For additional details please visit: Terms of Use and FAQs

You may opt-in by through a pop-up on our website leading them to a landing page where they can submit their mobile phone number or through in-store signage with use of a “Snap Code” (Snapchat) that opens up an online landing page where a resident can submit their mobile phone number. If you opt-out of processing your personal data, you will not receive the benefit of our reward program as PACSUN must have your information in order to provide you the services. For more information regarding opt-in, a customer can call our customer service number at (877) 372-2786.

You have the right to withdraw from the financial incentive at any time. To do so, you can text STOP to any message from PACSUN, fill out a Personal Information Request form found in the footer of our website: https://www.pacsun.com/ccpa-request-form, or call our customer service number at (877) 372-2786.

Value of Consumer Data

PACSUN Rewards Program: $0.24 per record

The expenses related to the collection of the above consumer data consist of labor costs, software costs, and vendor costs. We follow a method that systemically calculates the value of data: 1) identify types of data, 2) segment data sets, 3) assess date quality, 4) determine data demand, 5) analyze business impact, 6) quantify the contributions of consumer data in terms of revenue generation, cost savings or efficiency improvements. 7) We explore different monetization opportunities for consumer data, including third parties, partnerships or enhancements to products and services. 8) Estimate the potential revenue impact, 9) factor in costs and risks and 10) apply valuation models to estimate the value of consumer data.

PACSUN believes that the financial incentives it offers are reasonably related to such consumer data values because PACSUN has learned from previous experience that the expenses are required to collect that consumer data as part of the incentive programs, and the incentive programs help drive consumer sales and revenue.

Online Contests and Sweepstakes

We're always throwing down new, fun online contests and sweepstakes at PACSUN. Enter, you could win!

Most sweepstakes and contests are open to U.S. residents age 13 and older. If you are over this age, but under the age of majority in your state, make sure you get your parent’s permission before entering any personal info.

To enter a given sweepstakes or contest, you may need to provide certain information to us, including personal information. If you are one of our winners, we'll use this information to contact you. Contest sponsors may utilize your info based on which opt-in(s) you have selected on the sweepstakes or contest entry pages.

Making Purchases

We guarantee you will only pay for authorized items that you have ordered.

You will have the option of saving certain information, including your personal information, in our system for your convenience with respect to future purchases. The information is stored in the form of a “cookie” in your computer (for additional information regarding cookies, please see above). Even though you need cookies to be enabled to make an online purchase, it is not necessary to save information via cookies if you choose not to.

By registering an account with PACSUN, your checkout will be quicker and more efficient, with easy access to your order history, shipping preferences, wish lists, and special offers. If you're not comfortable shopping online and wish to phone in your order, you are welcome to do so.

Electronic Subscriptions

If you sign up for our electronic subscriptions, you'll be the first to hear about upcoming sales, online exclusive discounts, contests and more. For example, you can sign up to receive our PACSUN email newsletter and outlet emails during check-out and in various locations of the Services.

You'll always be able to unsubscribe from these electronic subscriptions, and we have a Contact Preference Center where you can manage these subscriptions so you only get what you're interested in. For more information, please visit our Contact Preference Center or contact us.

Updating Your Information and Preferences

We offer several ways for you to update your information that is obtained and stored by PACSUN, including options to change your account preferences and remove your email from email updates:

• To modify your account information, please let us know by modifying your preferences in the “My Account” section of this Website.
• To unsubscribe from electronic updates, please visit the Contact Preference Center, where you can manage your subscriptions so you only get what you're interested in. You also may click an “unsubscribe” link at the bottom of one of our updates or other electronic communications.
• European Union and US residents may also review “Rights of European Union Residents” and “US Privacy Options” to understand their rights under the laws of those jurisdictions.
• You may also contact us.

Please note that due to email production schedules, after opting out you may receive emails that are already in production.

Contact for Questions About PACSUN Privacy Policy

If you have questions regarding our Privacy Policy, please contact us.