EU/SWISS - U.S. PRIVACY SHIELD POLICY
Last Modified: August 25th, 2018
Ralph Lauren Corporation, along with its affiliate Club Monaco US, LLC (collectively, “Ralph Lauren”), respect your concerns about privacy. Ralph Lauren participates in the EU-U.S. and the Swiss-U.S. Privacy Shield framework (“Privacy Shield”) issued by the U.S. Department of Commerce. Ralph Lauren commits to comply with the Privacy Shield Principles with respect to Consumer Personal Data the company receives from the EU and Switzerland in reliance on the Privacy Shield. This Policy describes how Ralph Lauren implements the Privacy Shield Principles for Consumer Personal Data.
For purposes of this Policy:
“Controller” means a person or organization which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.
“Consumer” means any natural person who is located in the EU or Switzerland, but excludes any individual acting in his or her capacity as a Worker.
“EU” means the European Union and Iceland, Liechtenstein and Norway.
“Partner” means any licensing or franchising partner or other third party operating a store under any of the Ralph Lauren brands.
“Personal Data” means any information, including Sensitive Data, that is (i) about an identified or identifiable individual, (ii) received by Ralph Lauren in the U.S. from the EU or Switzerland, and (iii) recorded in any form.
“Privacy Shield Principles” means the Principles and Supplemental Principles of the Privacy Shield.
“Processor” means any natural or legal person, public authority, agency or other body that processes Personal Data on behalf of a Controller.
“Sensitive Data” means Personal Data specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, sex life, the commission or alleged commission of any offense, any proceedings for any offense committed or alleged to have been committed by the individual or the disposal of such proceedings, or the sentence of any court in such proceedings.
“Store” means a store operated under any of the Ralph Lauren brands by Ralph Lauren or any of its affiliates or Partners, which store is located in the EU or Switzerland.
“Worker” means any current, former or prospective employee, temporary worker, intern, contractor or other non-permanent employee of Ralph Lauren or any of its affiliates, who is located in the EU or Switzerland.
Ralph Lauren's Privacy Shield certification, along with additional information about the Privacy Shield, can be found at https://www.privacyshield.gov/. For more information about Consumer Personal Data processing with respect to information obtained through Ralph Lauren's Sites and Stores, please visit the company's privacy notices on the Sites.
Types of Personal Data Ralph Lauren Collects
Ralph Lauren collects Personal Data directly from Consumers through the Sites and in Stores. Ralph Lauren obtains, uses, discloses and otherwise processes Personal Data about its Consumers to (i) process transactions they request, including e-commerce and mobile transactions, (ii) improve its Stores, Sites, quality of service, and Consumers' shopping experience, (iii) send communications about its products, services, campaigns and promotions, (iv) prevent and detect fraud and abuse, (v) process information or claims in connection with incidents at Stores, (vi) enable service providers to perform certain activities on the company's behalf, and (vii) comply with legal obligations, policies and procedures and for internal administrative and analytics purposes.
The types of Consumer Personal Data Ralph Lauren collects includes:
• date of birth
• demographic information;
• billing and shipping address;
• driver's license or ID number;
• passport number;
• telephone number;
• email address;
• payment card information;
• checking account information;
• shopping preferences and purchase history;
• information obtained by automated means when Consumers visit the Sites, such as through cookies, web beacons, and web server logs (including the IP address of the device the Consumer uses to connect to the Internet, domain name, unique device identifier, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on the Sites, dates and times of Site visits and the pages accessed); and• any other information Consumers provide or generate on the Sites and in Stores.
Ralph Lauren also may obtain and use Consumer Personal Data in other ways for which the company provides specific notice at the time of collection.
In addition, Ralph Lauren obtains Personal Data, such as contact information and financial account information, of representatives of vendors and other business partners. Ralph Lauren uses this information to manage its relationships with its vendors and business partners, process payments, expenses and reimbursements, and carry out the company's obligations under its contracts with the relevant organisations.
Ralph Lauren’s privacy practices regarding the processing of Consumer Personal Data comply with the Privacy Shield Principles of Notice; Choice; Accountability for Onward Transfer; Security; Data Integrity and Purpose Limitation; Access; and Recourse, Enforcement and Liability.
Ralph Lauren provides information in this Policy and the privacy notices on the Sites about its Consumer Personal Data practices, including the types of Personal Data Ralph Lauren collects, the types of third parties to which Ralph Lauren discloses the Personal Data and the purposes for doing so, the rights and choices Consumers have for limiting the use and disclosure of their Personal Data, and how to contact Ralph Lauren about its practices concerning Personal Data.
Relevant information also may be found in notices pertaining to specific data processing activities.
Ralph Lauren generally offers Consumers the opportunity to choose whether their Personal Data may be (i) disclosed to third-party Controllers or (ii) used for a purpose that is materially different from the purposes for which the information was originally collected or subsequently authorized by the relevant Consumer. To the extent required by the Privacy Shield Principles, Ralph Lauren obtains opt-in consent for certain uses and disclosures of Sensitive Data. Consumers may contact Ralph Lauren as indicated below regarding the company's use or disclosure of their Personal Data. Unless Ralph Lauren offers Consumers an appropriate choice, the company uses Personal Data only for purposes that are materially the same as those indicated in this Policy.
Ralph Lauren shares Consumer Personal Data with its affiliates and subsidiaries. Ralph Lauren may disclose Consumer Personal Data without offering an opportunity to opt out, and may be required to disclose the Personal Data, (i) to third-party Processors the company has retained to perform services on its behalf and pursuant to its instructions, (ii) if it is required to do so by law or legal process, or (iii) in response to lawful requests from public authorities, including to meet national security, public interest or law enforcement requirements. Ralph Lauren also reserves the right to transfer Personal Data in the event of an audit or if the company sells or transfers all or a portion of its business or assets (including in the event of a merger, acquisition, joint venture, reorganisation, dissolution or liquidation).
Accountability for Onward Transfer of Personal Data
This Policy and the privacy notices on the Sites describe Ralph Lauren's sharing of Consumer Personal Data.
Except as permitted or required by applicable law, Ralph Lauren provides Consumers with an opportunity to opt out of sharing their Personal Data with third-party Controllers. Ralph Lauren requires third-party Controllers to whom it discloses Consumer Personal Data to contractually agree to (i) only process the Personal Data for limited and specified purposes consistent with the consent provided by the relevant Consumer, (ii) provide the same level of protection for Personal Data as is required by the Privacy Shield Principles, and (iii) notify Ralph Lauren and cease processing Personal Data (or take other reasonable and appropriate remedial steps) if the third-party Controller determines that it cannot meet its obligation to provide the same level of protection for Personal Data as is required by the Privacy Shield Principles.
With respect to transfers of Consumer Personal Data to third-party Processors, Ralph Lauren (i) enters into a contract with each relevant Processor, (ii) transfers Personal Data to each such Processor only for limited and specified purposes, (iii) ascertains that the Processor is obligated to provide the Personal Data with at least the same level of privacy protection as is required by the Privacy Shield Principles, (iv) takes reasonable and appropriate steps to ensure that the Processor effectively processes the Personal Data in a manner consistent with Ralph Lauren's obligations under the Privacy Shield Principles, (v) requires the Processor to notify Ralph Lauren if the Processor determines that it can no longer meet its obligation to provide the same level of protection as is required by the Privacy Shield Principles, (vi) upon notice, including under (v) above, takes reasonable and appropriate steps to stop and remediate unauthorized processing of the Personal Data by the Processor, and (vii) provides a summary or representative copy of the relevant privacy provisions of the Processor contract to the Department of Commerce, upon request. Ralph Lauren remains liable under the Privacy Shield Principles if the company's third-party Processor onward transfer recipients process relevant Personal Data in a manner inconsistent with the Privacy Shield Principles, unless Ralph Lauren proves that it is not responsible for the event giving rise to the damage.
Ralph Lauren takes reasonable and appropriate measures to protect Consumer Personal Data from loss, misuse and unauthorised access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Data.
Data Integrity and Purpose Limitation
Ralph Lauren limits the Consumer Personal Data it processes to that which is relevant for the purposes of the particular processing. Ralph Lauren does not process Consumer Personal Data in ways that are incompatible with the purposes for which the information was collected or subsequently authorized by the relevant Consumer. In addition, to the extent necessary for these purposes, Ralph Lauren takes reasonable steps to ensure that the Personal Data the company processes is (i) reliable for its intended use, and (ii) accurate, complete and current. In this regard, Ralph Lauren relies on its Consumers to update and correct the relevant Personal Data to the extent necessary for the purposes for which the information was collected or subsequently authorized. Consumers may contact Ralph Lauren as indicated below to request that Ralph Lauren update or correct relevant Personal Data.
Subject to applicable law, Ralph Lauren retains Consumer Personal Data in a form that identifies or renders identifiable the relevant Consumer only for as long as it serves a purpose that is compatible with the purposes for which the Personal Data was collected or subsequently authorised by the Consumer.
Consumers generally have the right to access their Personal Data. Accordingly, where appropriate, Ralph Lauren provides Consumers with reasonable access to the Personal Data Ralph Lauren maintains about them. Ralph Lauren also provides a reasonable opportunity for those Consumers to correct, amend or delete the information where it is inaccurate or has been processed in violation of the Privacy Shield Principles, as appropriate. Ralph Lauren may limit or deny access to Personal Data where the burden or expense of providing access would be disproportionate to the risks to the Consumer's privacy in the case in question, or where the rights of persons other than the Consumer would be violated. Consumers may request access to their Personal Data by contacting Ralph Lauren as indicated below.
Recourse, Enforcement and Liability
Ralph Lauren has mechanisms in place designed to help assure compliance with the Privacy Shield Principles. Ralph Lauren conducts an annual self-assessment of its Consumer Personal Data practices to verify that the attestations and assertions Ralph Lauren makes about its Privacy Shield privacy practices are true and that Ralph Lauren's privacy practices have been implemented as represented and in accordance with the Privacy Shield Principles.
Consumers may file a complaint concerning Ralph Lauren's processing of their Personal Data. Ralph Lauren will take steps to remedy issues arising out of its alleged failure to comply with the Privacy Shield Principles. Consumers may contact Ralph Lauren as specified below about complaints regarding Ralph Lauren's Consumer Personal Data practices.
If a Consumer's complaint cannot be resolved through Ralph Lauren's internal processes, Ralph Lauren will cooperate with JAMS pursuant to the JAMS Privacy Shield Program, which is described on the JAMS website at https://www.jamsadr.com. JAMS mediation may be commenced as provided for in the JAMS rules. Following the dispute resolution process, the mediator or the Consumer may refer the matter to the U.S. Federal Trade Commission, which has Privacy Shield investigatory and enforcement powers over Ralph Lauren. Under certain circumstances, Consumers also may be able to invoke binding arbitration to address complaints about Ralph Lauren's compliance with the Privacy Shield Principles.
How to Contact Ralph Lauren
To contact Ralph Lauren with questions or concerns about this Policy or Ralph Lauren's Consumer Personal Data practices:
Ralph Lauren Corporation
Attention: Chief Privacy Officer
625 Madison Avenue
New York, New York 10022
Ralph Lauren Europe Sàrl
Attention: Data Protection Officer
24, Route de la Galaise,