SAKS OFF 5TH PRIVACY POLICY

LAST UPDATED: July 23rd, 2024


Thank you for visiting the website for Saks OFF 5TH. We are committed to providing a safe and personalized online shopping experience. This commitment includes using your personal information to fulfill those goals and protecting the privacy of your personal information.


This privacy policy describes the types of information we collect from and about you when you visit our websites (each a "Site"), use our mobile applications (each an "App"), visit or make a purchase at our stores (each a "Store"), use our online chat function ("Chat"), or otherwise contact or interact with us in any other way offline ("Offline Services"). The Sites, Apps, Stores, Chat and Offline Services are collectively referred to as the "Services." This privacy policy also explains how Saks OFF 5TH may use and share your personal information, as well as your ability to control certain uses of it.


By using the Services, you agree to the collection, use and disclosure of your information as described in this privacy policy and agree to the Saks OFF 5TH Terms of Use, which are incorporated by reference. If you do not agree, please do not further access or use the Services.

 

STATE-SPECIFIC PRIVACY INFORMATION


For Residents of California, Colorado, Connecticut, Florida, Montana, Oregon, Texas, Utah and Virginia, please see privacy-related information below under State-Specific Privacy Information.

FREQUENTLY ASKED QUESTIONS

What information does Saks OFF 5TH collect?

What are my Tracking Options?

How does Saks OFF 5TH use the information collected?

What information does Saks OFF 5TH share with others?

How can I view or update my information?

What choices do I have about receiving communications from Saks OFF 5TH?

What about children’s privacy?

What about security?

What about other websites?

Where is my data stored?

How long does Saks OFF 5TH retain personal information?

What if I live outside of the United States?

How does Saks OFF 5TH communicate changes to this Policy?

Whom do I contact if I have additional questions or concerns about this policy?

 

Q: What information does Saks OFF 5TH collect?
A: Saks OFF 5TH may collect information from or about you in a number of ways. Please note that if you decline to provide any of the requested information (whether or not required), you may not be able to take full advantage of the Services and their features or make a purchase from us:


From Saks OFF 5TH’s Interactions With You: We collect information from and about you and your transactions and other interactions with us or our affiliates. This may include, but is not limited to, when you visit our Site(s) or Stores, use the Services, create an online account with us, make a purchase, sign up for our catalog, newsletters or email lists, participate in sweepstakes, contests or other promotions, participate in a product review, survey, or other similar programs, send a gift or virtual gift card to a person, or otherwise contact us, including via the Chat function and text message. The information we collect may include your name, address, email address, telephone number, or other contact information, loyalty program membership information, gender, birthday, age, other demographic information, the contents of any communication to us including through online chats and text messages, your messaging history with Saks OFF 5TH, your interests and preferences.


If you make a purchase from us, we may also collect information about what you purchased as well as a credit or debit card number or other financial information, CVV and billing address. In addition, if you make a purchase at a designer boutique, restaurant, salon or other similar service offered within a section of a Saks OFF 5TH store that is licensed by a third party) (each a "Boutique Service"), we and the Boutique Service may each collect information such as your name, billing address, shipping address, telephone number, email address and payment or gift card information. Any such information is subject to this Privacy Policy if we collect or have it and subject to the Boutique Service’s privacy policy if the Boutique Service collects or has it.


If you download one of our Apps, you may choose to permit the App to obtain your precise geolocation. In this case, we will receive your location data sent from your mobile device. This is a setting you can enable or disable on your mobile device in connection with the App.


From Your Saks Credit Card Application: You may also be required to provide certain information when you apply for a Saks Fifth Avenue MasterCard® or the Saks Fifth Avenue private label credit card. We and the credit provider may be required to collect your name, address, email address, phone number and other information needed to assess your credit worthiness and verify your identity, such as social security number, income, and employer information. We require this information to process your application, operate your account, and provide you with credit services. If you choose to link to the credit provider’s or other third-party site, they may have privacy policies that differ from our own and may make their own choices about privacy practices. You therefore should refer to their privacy policies to understand how they collect and handle your information and what kinds of choices you have.


From Information You Provide About a Third Party: If you send someone else a communication from the Services (such as sending a gift or virtual gift card), we may collect information such as that person’s name, telephone number, email, and/or shipping address.


From Automatic Site or App Data Collection Technologies: We, or third parties working on our behalf may use cookies, web beacons/pixel tags, log files, and other technologies to collect certain non-personally identifying information about visitors to our Site or App, users of our online Services, and interactions with our emails and online advertisements, and to allow Saks OFF 5TH to keep track of analytics and certain statistical information. For example, we may collect information such as your browser type, operating system type or mobile device model, viewed webpages, links that are clicked, IP address, mobile device identifier or other unique identifier, sites or apps visited before coming to our Site or App, the amount of time you spend viewing or using the Site or App, the number of times you return, or other click-stream or site usage data, emails we send that you open, forward, or click through to our Site or App. We may also record your journey through our website, including the pages you visit, the movement of your mouse or pointer, and the keystrokes you type. This allows us to create a "session replay" of your visit to our site. Collecting this information, and linking it with your personal information, helps us to tailor our Site and App and enhance your online shopping experience by saving your preferences while you are visiting a particular Site or App, and to help identify Site or App features, promotions, advertisements and offers that may be of particular interest to you and retarget online and mobile advertisements to you across computers or devices you may use. 



From Third-Party Sources: We may acquire information from other sources to update or supplement the information that you provide or that we collect automatically (such as information to validate or update your address or other demographic information), or when you connect with the company through a third party (including through social networks) based on your registration and privacy settings on those third-party sites.


Combination of Information: We may combine the information we receive from or about you, including information you provide to us and information we automatically collect through the Site or App, as well as information across other computers or devices that you use, with information we collect or receive about you from other online and offline sources, or from other third-party sources. This may also include using technologies to recognize multiple interactions and combine them into a single customer profile where appropriate.


Third-Party Analytics and Advertisements: We also may use third-party advertisements, analytics, and tracking tools to better understand who is using the Site or App, how people are using the Site or App, how to improve the effectiveness of the Services and related content, and to help us or those third parties serve more targeted advertising to you across our media channels. These third parties may use technology such as cookies, web beacons, pixel tags, log files, flash cookies, or other technologies to collect and store information. They may also combine information they collect from your interaction with the Site or App with information they collect from other sources, which combination may be subject to the third party’s control and privacy policy.


Q: What are my Tracking Options?
A:Certain parts of the Site and App require cookies. You can set your browser or operating system settings to limit certain tracking or to decline cookies, but by doing so, you may not be able to use certain features on the Site or App or take full advantage of all of our offerings, and you will not receive personalized text messages such as shopping cart reminders. Please refer to your web browser's or operating system’s website or "Help" section for more information on how to delete and/or disable your browser or operating system from receiving cookies or controlling your tracking preferences.


We may use cookies or other technologies to deliver more relevant advertising and to link data collected across other computers or devices that you may use. To understand your choices for receiving more relevant advertising or to manage your settings, please review the information below and in the section regarding state-specific privacy rights:

 
  • To learn more about managing your privacy and storage settings and opting out from receiving third-party advertiser cookies, you may visit the Network Advertising Initiative’s opt-out page at http://www.networkadvertising.org/managing/opt_out.asp.
  • If you wish to prevent your data from being used by Google Analytics, Google has developed the Google Analytics opt-out browser add-on available at https://tools.google.com/dlpage/gaoptout/.
  • On your mobile device, you may also adjust your privacy and advertising settings to control whether you want to receive more relevant advertising.


Q: How does Saks OFF 5TH use the information collected?
A: Saks OFF 5TH may use the information we collect from and about you for any of the following purposes:

 
  • To validate, confirm, verify, deliver, install, and track your order (including to process payment card transactions, arrange for shipping, handle returns and refunds, maintain a record of the purchases you make and contact you about your orders, including by telephone) or to service products you purchased from us.
  • To enhance your shopping experience, including as a way to recognize you and welcome you to the Site or App or when you call our customer service.
  • To send you catalogs, information, newsletters, promotional materials and other offerings from Saks OFF 5TH or on behalf of our partners and affiliates.
  • To provide you with customized Site or App content, targeted offers, promotions and advertising on the Site or App, through other third-party sites or apps, or via phone call, email, text messages, or App push notifications that are offered by Saks OFF 5TH or other marketing partners that might be of interest to you.
  • To deliver, analyze, maintain, and support our text messaging marketing program.
  • To enhance the features of our text messaging marketing program and customize and personalize your experiences with the program.
  • To improve our sites, products/services, customer service, and customer shopping experience.
  • To use your data in an aggregated non-specific format for analytical and demographic purposes.
  • To protect the security or integrity of the Site and our business, such as by protecting against and preventing fraud, unauthorized transactions, claims and other liabilities, and managing risk exposure, including by identifying potential hackers and other unauthorized users.
  • To provide customer support in response to your communications with us and to contact you when necessary or requested, including responding to your questions, comments and messages.
  • As otherwise described to you at the point of data collection.
  • As otherwise allowed by law for our own internal purposes to improve our performance as a luxury retailer and to uphold the Saks OFF 5TH image and brand.
  • For external purposes where we believe those external purposes are consistent with the Saks OFF 5TH brand image or allow for a Saks OFF 5TH style experience to extend beyond our stores, sites, or Services.


Q: What information does Saks OFF 5TH sell or share with others?
A: Saks OFF 5TH will never sell or rent your personally identifying information to third parties. Saks OFF 5TH shares personal information and your communications with us with others to be able to improve our service and offerings to you and to enable the extension of the Saks OFF 5TH brand and experience beyond our stores, sites, or Services. For California, Colorado, Connecticut, Utah and Virginia residents, see State-Specific Privacy Information below. In addition, Saks OFF 5TH may share personal information we collect from and about you in the following ways:


Saks Family of Companies: We may share collected information within the family of companies also owned or operated by Hudson’s Bay Company that are part of the Saks Family of Companies. This includes Saks Fifth Avenue, Hudson’s Bay, and any future additions to the companies owned or operated by Hudson’s Bay Company (all together the "Saks Family of Companies," "we," "us" or "our"). We may also share collected information with the owners or operators of our Saks branded stores and destinations.


Co-Marketing Partners: Certain areas of the Services may be provided to you in association with third parties, such as companies that provide products and services, rewards programs, conduct joint sales programs (such as our Boutique Services in our stores), sweepstakes, promotional campaigns, and other jointly sponsored events. Such Services will identify the third party. If you elect to register for any products and/or services provided during the Services, you either will be providing your information to both Saks OFF 5TH and such third party, or Saks OFF 5TH might share your information directly with such third party for that third party to fulfill their products and our products and services directly with you. For our text message marketing program, we disclose certain personal information to Attentive, the vendor that provides the service to you.


Other Third Parties: Saks OFF 5TH may share your information with select partners, affiliates, and other third parties that we believe may have offers or be of interest to you in support of your customer experience with us or others or to extend the Saks OFF 5TH luxury and brand experience beyond our sites, stores, and Services.


Legal Disclosures; Safety: Saks OFF 5TH may transfer and/or disclose the information we receive from and about you to comply with a legal obligation; to provide information to law enforcement and other governmental authorities in accordance with applicable law, and when we believe in good faith that the law requires it. We also reserve the right to share information with legal authorities and other companies for fraud protection and credit risk reduction, to detect any technical or security vulnerabilities, to enforce our Terms and Conditions or other applicable policies, or to otherwise protect the rights, property, safety, or security of third parties, users of the Services, Saks OFF 5TH, or the public.


Sale of Business: During the normal course of our business, we may sell or purchase assets. If another entity acquires all or a part of a business owned or operated by Hudson’s Bay Company, information we have collected about you may be transferred to such entity. In addition, if any bankruptcy or reorganization proceeding is brought by or against a business owned or operated by Hudson’s Bay Company, such information may be considered an asset of the company and may be sold or transferred to third parties. Should a sale or transfer occur, we will use reasonable efforts to try to require that the transferee use personally identifiable information provided through the Services in a manner that is consistent with this Privacy Policy.


Saks Credit Card Accounts: We may share your information with the financial institution that issues Saks credit card accounts (please see the "Credit Card Application" section, under "What information does Saks collect" for more information).


Service Providers: We use third-party "service providers" (also called "vendors") to perform certain services on our behalf when the information is necessary for them to perform their duties. These third-party service providers are prohibited from using personal information for any other purpose and are contractually required to comply with all applicable laws and requirements, which may include Payment Card Industry Data Security Standards if they are processing or transmitting payments for the Saks Family of Companies.


Aggregate or Anonymous Non-Personal Information: We may also share or sell aggregate or anonymous information with or to our affiliates, agents, service providers, business partners, or other third parties for their marketing or analytics uses or for other lawful purposes. This type of non-identifiable and aggregate information cannot be used to identify you personally.


Q: How can I view or update my information?
A: If you have registered for an account, you may view and update your account information by logging into the "Your Account" section of the Site or App with your email address and password. Once logged in, you can view or update your name, address, telephone number or email address. You can also chat with our Customer Service Department by visiting our support page to access or update any of this information.


US residents of California, Colorado, Connecticut, Florida, Montana, Oregon, Texas, Utah and Virginia may have additional rights listed under"State-Specific Privacy Information".


Q: What choices do I have about receiving communications from Saks OFF 5TH?
A: To receive promotional offers from the Saks OFF 5TH Family of Companies, you can sign up on our Site or App or contact a Customer Service representative. If you register for an account or make a purchase, you will automatically receive promotional emails and direct mail from the Saks Family of Companies. We provide our customers with the opportunity to "opt out" of receiving emails or direct mailings other than those for purposes directly related to placement, processing, fulfillment or delivery of a product order or your transactions with us. We provide you with the following options if you prefer to "opt out" of receiving information or materials that we think may be of interest to you:

 
  • Electronic Promotional Offers: At all times, you have the option of "opting out" of receiving promotional emails from the sender only by clicking the "unsubscribe" link in any of the promotional emails you receive. In addition, if you have an online account, you may change your email preferences regarding email from us by logging into the "Your Account" section of the Site or App.
  • Direct Mail Promotional Offers: If you would like to be removed from our Saks OFF 5TH catalog mailing list, please contact a Customer Service representative by email to stop receiving paper catalogs.
  • Mobile Alerts and Text Messages: Saks OFF 5TH communicates via mobile text messages to customers who opt-in to the Saks OFF 5TH Text Alerts program, or otherwise solicit us to receive text messages. Consent to receive automated marketing text messages is not a condition of any purchase. You can opt-out of receiving further commercial text messages by responding to any of our text messages with any of the following replies: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. We use Attentive to provide the text message marketing program to you. If you are experiencing any problems with the text message marketing program, please visit https://support.attentivemobile.com/help/ and submit the form with details about your problem or your request for support, or emailsupport@attentivemobile.com. For additional opt-out information or for the full details of the text messaging program, please review the “SAKS OFF 5TH TEXT ALERTS PROGRAM” section in our Terms and Conditions.
  • Push Notifications: When you use the App, you may receive push notifications. If you prefer not to receive push notifications, you may adjust your settings on your mobile device to control whether you want to receive these alerts.
  • App Geolocation Information: When you use the App on your mobile device, you may choose not to share your geolocation information with us by adjusting the device’s location service settings.
  • Other Contact: In all cases, you may email us at privacy@saksoff5th.com.


If you receive marketing communications from one or more companies within the Saks Family of Companies, you must opt-out individually from each of the companies from which you are receiving company-specific marketing communications.


Q: What about children’s privacy?
A: Protecting children’s privacy is important to us, and the Site and App are not intended for children under the age of thirteen. We do not direct the Site or App to collect, and we do not intend to collect, any personal information from children. If Saks OFF 5TH learns that a child under the age of thirteen has provided personally identifiable information to the Site or App, it will use reasonable efforts to remove such information from its files. Saks OFF 5TH does not have actual knowledge about selling or sharing personal information of consumers under the age of 16.


Q: What about security?
A: We have taken certain physical, administrative, operational, and technical steps to safeguard the information we collect from and about our customers and Site visitors. While we make every effort to help ensure the confidentially, integrity and availability of our network and systems, we cannot guarantee our security measures. When you enter sensitive information (such as credit card information) on our forms, we encrypt the transmission of that information.


Q: What about other websites?
A: Our Site or App may include links to third-party websites or apps that are not affiliated with Saks OFF 5TH. These websites or apps may send their own cookies to visitors, collect data or solicit your information. The privacy policies of these other websites or apps may be very different from our policy. We are not responsible for the privacy practices of these other websites or apps and cannot guarantee the security of any personal information you provide to or that is collected by such third-party sites or apps.


Q: Where is my data stored?
A: Your personal information is subject to the laws of the United States. The servers and databases in which information may be stored may be located outside the country from which you accessed the Services and in a country where the data protection and other laws may differ from your country of residence. Your personal information may be disclosed in response to inquiries or requests from government authorities or to respond to judicial process in the countries in which we operate.


Q: How long does Saks OFF 5TH retain personal information?
A: We will retain your personal information for no longer than is reasonably necessary to provide you services, comply with our legal obligations, resolve disputes and enforce our agreements. For example, if you create an online account with us, we will store any personal information associated with your account for as long as you remain a customer or we believe we may be in a position to provide offers or services to you. If you make a purchase, we will store any personal information associated with that purchase as long as required to fulfill the order, process any returns, provide customer service and support an enhanced shopping experience, remember your preferences for future interactions, or be able to provide you with offers or services.


Q: What if I live outside of the United States?
A: The Services are hosted in the United States. If you are using the Services from outside the United States, your information may be transferred to, stored, and processed in the United States or other countries in accordance with this Privacy Policy. The data protection and other applicable laws of the United States or other countries may not be as comprehensive as those laws or regulations in your country or may otherwise differ from the data protection or consumer protection laws in your country. By using the Services and/or providing personal information to us, you consent to transfer of your information to us as described in this Privacy Policy.


In addition, residents of certain countries, including European Union member states (and the United Kingdom), have some or all of the following rights with respect to personal information collected from and about them on the Services: the right to request access to, and the correction, erasure, and/or restriction of processing of, such personal information; in some instances, the right to object to the processing of such personal information; in some instances, the right to request that Saks OFF 5TH export, in a structured, commonly used, and machine readable format, and transmit to another controller, such personal information; and the right to withdraw, at any time, any consent to the processing of such personal information. To exercise these rights, please contact Saks OFF 5TH via email at privacy@saksoff5th.com.


Q: How does Saks OFF 5TH communicate changes to this Policy?
A: Any changes to our Privacy Policy will be noted on the home page of the Site and App with a link to the revised Privacy Policy. Your continued use of the Site or App following posting of changes to these terms will mean you accept these changes. If we change our practices in a way that requires revising the Privacy Policy in a material way, we will provide appropriate notice to you.


Q: Whom do I contact if I have additional questions or concerns about this policy?
A: We welcome you to reach out if you have any questions or concerns regarding our privacy practices or to request a copy of this Privacy Policy in another format. Please feel free to contact Saks OFF 5TH via email at privacy@saksoff5th.com. You also have the right to submit feedback about this Privacy Policy, or the practices described herein, to the applicable supervisory authority in your jurisdiction of residence.

 

 

STATE-SPECIFIC PRIVACY INFORMATION


The following section sets forth privacy information relevant to residents of California, Connecticut, Colorado, Connecticut, Florida, Montana, Oregon, Texas, Utah and Virginia including (1) personal information we have collected, used, and shared about you, and (2) your state-specific Privacy Rights. Capitalized terms used but not otherwise defined in this section have the meanings associated with them under the applicable state privacy law.


Information We Collect, Use, and Share about Residents of California, Colorado, Connecticut, Florida, Montana, Oregon, Texas, Utah and Virginia


For the 12-month period prior to the date of this Privacy Policy, we explain here what categories of personal information we have collected, where we got it from, why it is needed, and with whom we have shared it:

 

 
Category of personal information Collected Source of information Purpose for Collection Categories of potential recipients
Identification and Contact information: such as your name, address, email address, telephone numbers, other contact information, and, if you apply for a Saks Fifth Avenue MasterCard® or the Saks Fifth Avenue private label credit card, Saks OFF 5TH and the credit provider may also collect other information needed to assess your credit worthiness and verify your identity, such as income and employer information From you through updates from third parties (like USPS change of address database), from our credit card partner and from sources of information available to our credit card partner To communicate with you, to send you a catalogs, information, newsletters, promotional materials and other offerings from Saks OFF 5TH or on behalf of our partners and affiliates, to offer a sweepstakes, contest or other promotion, to provide customer support when you communicate with us, to improve our Sites and Apps, our customer service and support, and the user experience, to complete your registration on our Services, to administer your account with us, and to provide you with offers that may be of interest to you, to process a credit card application you submit, to operate your credit card account, to provide you with credit services and to assist our credit card partner with account credit or fraud decisioning Saks Family of Companies, our Service Providers, and our co-marketing partners, and other third parties, including select partners and affiliates that we believe may have or facilitate offers that may be of interest to you, the financial institution that issues the relevant credit card account for which you apply
Loyalty information: your loyalty account number, birthday, gender, age, purchase history and information on rewards or other benefits From you and from our loyalty Service Provider To administer your loyalty account and provide you with offers that may be of interest to you Saks Family of Companies, our Service Providers who administer our loyalty program, and our co-marketing partners
Purchase and order information: Purchase and order information: contact information, together with purchase details online and in store through e-receipts, delivery details, payment details, any communications we have received about your order or purchase From you or from a Saks OFF 5TH customer who places an order to be delivered to you To validate, confirm, verify, deliver, install, and track your order, including to arrange for shipping, handle returns and refunds, to provide customer service, to maintain a record of the purchases you make, to service products you purchased from us, and to provide you offers that may be of interest to you or to assist with account credit or fraud decisioning Saks Family of Companies and our Service Providers who process, fulfill and ship orders and our credit partner
Other delivery information: name and address of recipient for delivery, if different from customer’s From you or from a Saks OFF 5TH customer who places an order to be delivered to you To deliver to the person at the address which you have requested Saks Family of Companies and our Service Providers who process, fulfill and ship orders
Payment information: name, card issuer and card type, credit or debit card number, expiration date, CVV code and billing address From you and your payment card issuer To check that the right person is using the right card or account, meet the requirements of the card brands or account issuers, and to make sure we are paid for what you buy Our Service Providers who process payments for us and who are contractually required to comply applicable laws and requirements applicable to payment processing, which may include Payment Card Industry Data Security Standards
Information provided at a designer boutique, restaurant, salon or other similar service offered within a Saks OFF 5TH store that is licensed by a third party (each a "Boutique Service"): name, billing address, shipping address, telephone number, email address and payment or gift card information From you or from a Saks OFF 5TH customer who places an order to be delivered to you To validate, confirm, verify, deliver, and track your order, including to arrange for shipping, handle returns and refunds, maintain a record of the purchases you make, or to service products you purchased from us Saks Family of Companies, our Service Providers, and the Boutique Service
Information you provide about a third party: if you send someone else a communication from the Services (such as sending a gift or virtual gift card), we may collect information such as that person’s name, telephone number, email, and/or shipping address. From you To deliver to or communicate with the person at the address which you have provided or requested Saks Family of Companies, our Service Providers, and our co-marketing partners
Information a third party provides about you:  if a third party sends you a communication from the Services (such as sending a gift or gift card), we may collect information about you such as your name, telephone number, email, and/or shipping address From a third party To deliver to or communicate with you, consistent with the third party’s request Saks Family of Companies, our Service Providers, and our co-marketing partners
Legal and fraud prevention information: fraud checks or flags raised about your transactions, the payment card you want to use, payment card refusals, suspected crimes, complaints, claims and accidents From you, the police, crime and fraud prevention agencies, payment card providers, the public, regulators, your and our professional advisors and representatives To protect you, other customers and our business against criminal activities and risks, improve fraud protection capabilities for us and our fraud prevention provider, make sure we understand and can meet our legal obligations to you and others and can assert and defend legal claims Saks Family of Companies, our Service Providers who help us with fraud protection and credit risk reduction, law enforcement and other governmental authorities in accordance with applicable law.
Preference information and Inferences: your marketing preferences, your account settings including any default preferences, any preferences you have indicated, the types of services/offers that interest you, the areas of our Services that you have visited or ways that you interact with our Services From you, from our website technology interaction with your browser/devices and cookies and other similar technologies tracking the pages you visit, the marketing messages you open and the links you follow, and from other third-party sources of information To enhance your online shopping experience, including as a way to recognize you and welcome you to the Site or App, to provide you with customized Site or App content, targeted offers from Saks OFF 5TH or others, promotions and advertising on the Site or App, through other third-party sites or app, via email, text messages, or App push notifications that are offered by Saks OFF 5TH or others that might be of interest to you, to create a profile about you reflecting your preferences and behavior Saks Family of Companies and third-party vendors and Service Providers that perform website analytic services for us or enable the customization of offers to you to improve your shopping experiences through our Services or elsewhere.
Communications: communications we have with you in any way including in person, by phone, online, by email or text, or by online live chat. Please note that we record and save calls to our customer service team and any online chats From you To service your requests, to contact you when necessary or requested, including responding to your questions and comments and providing customer support, to provide you with personalized text messages about offers that may interest you or cart reminders, to obtain customer feedback and improve our customer service and customer shopping Saks Family of Companies, our Service Providers who assist us with customer service, our Service Providers who administer surveys and promotions, and our co-marketing partners
Voluntary information: any voluntary information you provide us with, such as responses to surveys or competitions and social media account details From you and your social media account provider To know you better, make our communications with you more personal, learn and improve from your survey feedback, organize events and pick competition winners Saks Family of Companies, our Service Providers who administer surveys and promotions, and our co-marketing partners
In-store privacy: CCTV images of you in and around entrances and exits to our stores and offices, and your customer journey around our store from Wi-Fi connectivity or comparable technology use From you, our CCTV and from our W-Fi and similar technology interaction with your devices To keep you, other customers, our staff, buildings, systems and data safe and secure, to investigate potential theft, fraud or misconduct, provide you with Wi-Fi in our stores and to better understand how customers want to shop in our stores, popular routes and areas and where we should place different products and what products and services may be of interest Saks Family of Companies, our Service Providers who help us with fraud protection, law enforcement and other governmental authorities in accordance with applicable law
Personalization: your journey through our Sites or stores and how you use our Site and App, including pages visited, your mouse movement, and keystrokes; whether and when you interact with our marketing From you, from our Site or app technology’s interaction with your browser or devices and cookies tracking the pages you visit To improve our Site, products and services, customer service, and customer shopping experience, to create a session replay that shows your visit to our site, to provide you with personalized text messages about offers that may interest you or cart reminders Saks Family of Companies and third-party vendors and Service Providers that perform website analytic services for us or enable the customization of offers to you to improve your shopping or website experience for our Services or elsewhere
Internet network and device information: IP address, internet provider, operating system and browser used, phone number according to your mobile service provider, type of device, such as laptop or smart phone, device cookie settings and other device details, such as MAC address From you and from our website or app technology’s interaction with your browser or devices and from service providers who support our fraud detection efforts To make sure our Site and app technology works properly with your device and make sure you can see and use our intended website and apps on the device you are using, and for analytical and demographic purposes and to provide offers that may be of interest to you.

We also will use this information to protect the security or integrity of the Site and our business, such as by protecting against and preventing fraud, unauthorized transactions, and managing risk exposure, including by identifying potential hackers and other unauthorized users.
Saks Family of Companies, our Service Providers who help us with fraud protection, and third-party vendors and Service Providers that perform website analytic services for us or enable more relevant offers to you on our Services or elsewhere
Information automatically collected from your browser: when you use the Services, some data is automatically transferred from your browser to our server, including your browser type, operating system type or mobile device model, viewed webpages, links that are clicked, IP address, mobile device identifier or other unique identifier, sites or apps visited before coming to our Site or App, the amount of time you spend viewing or using the Site or App, the number of times you return, or other click-stream or site usage data, emails we send that you open, forward, or click through to our Site or App From you and from our website or app technology’s interaction with your browser or devices We will use this information in an aggregated non-specific format for analytical and demographic purposes.

We also will use this information to protect the security or integrity of the Site and our business, such as by protecting against and preventing fraud, unauthorized transactions, and managing risk exposure, including by identifying potential hackers and other unauthorized users
Hudson’s Bay Company Family and third-party vendors and Service Providers that perform website analytic services for us or enable the customization of offers to you to improve your shopping or website experience and the relevance of offers to you on our Services or elsewhere
Accident information: details about any accident or injury on our premises, or health incident From you, witnesses or observed about you To get you the help you need, deal with the emergency services, insurance and claims, to prevent loss and to defend ourselves Saks Family of Companies, law enforcement and other governmental authorities in accordance with applicable law, and our professional advisors
Suspected crime information: details of your identity, image, name and address, suspected or alleged thefts, fraud, assault or other criminal behavior From crime and fraud prevention agencies, from you, witnesses, and from the police To protect customers, the public and our business against risks and crime, to prevent loss, to prosecute crime, and to defend ourselves Saks Family of Companies, law enforcement and other governmental authorities in accordance with applicable law, and our professional advisors
Sensitive personal information: such as your Social Security Number (if you provide it in connection with a credit card application) and precise geolocation (if you use our App and permit it to obtain your precise geolocation) With respect to your Social Security Number, from you, from our credit card partner, and from sources of information available to our credit card partner

With respect to your precise geolocation, from our App technology’s interaction with your browser or devices
With respect to your Social Security Number, to process your credit card application, operate your account, provide you with credit services, and to assist our credit card partner with account credit or fraud decisioning

With respect to your precise geolocation, for analytical and demographic purposes and to provide offers that may be of interest to you, and to protect the security or integrity of the Site and our business, such as by protecting against and preventing fraud, unauthorized transactions, and managing risk exposure, including by identifying potential hackers and other unauthorized users
With respect to your Social Security Number, Saks Family of Companies, our Service Providers, and the financial institution that issues the relevant credit card account

With respect to your precise geolocation, Saks Family of Companies, our Service Providers who help us with fraud protection, and third-party vendors and Service Providers that perform website analytic services for us or enable more relevant offers to you on our Services or elsewhere
 

Your California Rights (California Consumer Privacy Act)


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 -- the right to request to know the categories or specific pieces of personal information we have collected, used, disclosed and sold about you. The easiest way to submit a request to know is to click on Request to Know or Access aand complete the form available there. You may also call us at 1-801-207-7043. 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 Delete -- the right to request that we delete any personal information we have collected about you, subject to certain exceptions. The easiest way to submit a request to delete is to click on Request to Delete and complete the form available there. You may also call us at 1-801-207-7043. 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 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 to click on Request to Correct and complete the form available there. You may also call us at 1-801-207-7043. 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 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 to click on Request to Opt-Out of Sale or Sharing and complete the form available there. You may also call us at 1-801-207-7043. 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. Please see above for the categories of personal information we have sold about you in the preceding 12 months.
  • Right to Limit Use of Sensitive Personal Information -- the right to request to limit our use of your sensitive personal information. The easiest way to submit a request to limit the use of your sensitive personal information is to click on Request to Limit the Use of My Sensitive personal information and complete the form available there. You may also call us at 1-801-207-7043. 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.

 

 

When you exercise these rights and submit a request to us, 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. Saks OFF 5TH may also use a third-party verification provider to verify your identity.

 

 

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.

 

In addition to the above, and as set forth below, California law requires us to identify, for the 12-month period prior to the date of this Privacy Policy, what information Saks OFF 5TH has "sold" or "shared" about you. Please be assured that Saks OFF 5TH does not sell or rent your personally identifying information to third parties. Instead, there are instances where Saks OFF 5TH has shared personal information in order to provide our customers with personalized services or customized offers to improve your shopping or online experiences through our Services or elsewhere. We do this in ways that are intended to extend the Saks OFF 5TH luxury experience to our customers in a variety of environments. Depending on the circumstances and the contractual obligations in place, this sharing may be considered a "sale" or "sharing" under California law and you may have the right to request that we stop such sharing as more fully set forth below. This sharing may include:


  • identifiers such as a device or browser identifier; cookies, beacons, pixel tags, mobile ad identifiers and similar technology; customer number, Internet Protocol address, online identifier, and other forms of persistent identifiers;
  • commercial information, including records of products or services purchased, obtained, or considered, and other purchasing or consuming histories;
  • Internet and other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with websites, applications or marketing; and
  • inferences drawn from any of the information identified above to create a profile about you reflecting your preferences and behavior.

 

 

We do not use or disclose sensitive personal information, as defined in applicable laws, for any purposes other than those permitted by applicable law.


We are working towards enabling Global Privacy Control (GPC) as an additional way for you to submit a request to opt-out of the sale and sharing of your personal information through browsers and/or browser extensions that support such a signal. Until then, you can opt-out of the use of third-party cookies for personalized advertising by setting your cookie preferences on our website by selecting this button and modifying your cookie preferences under the "Involved in Data Sharing That May Be a Sale" subsection or on your browser, including as described above under “What are my Tracking Options”?

 

 

California Privacy Rights on Direct Marketing (Shine the Light Requests)



If you are a California resident, the California Shine the Light law gives you the right to request information about our disclosure of Personal Information to third parties or affiliated companies for their direct marketing purposes. This information would be included in a response to a request to know as set forth above, so you may elect to make that request. Or to make a shine the light request, please submit a written request to the following email address specifying that you want a copy of Saks OFF 5TH "California Privacy Rights" notice: privacy@saksoff5th.com. Please include "Attn: California Privacy" in the subject line. We are not responsible for notices that are not labeled or sent properly, or do not have complete information. Please allow up to 30 days for us to process your request. You may submit such a request once per year.


Non-affiliated third parties are independent from Saks OFF 5TH and if you wish to receive information about your disclosure choices or stop communications from such third parties, you will need to contact those non-affiliated third parties directly.

 

 

Notice of Financial Incentive

In connection with the OFF 5TH Rewards program, we may offer financial incentives and/or price or service differences ("Incentives") to participants in exchange for our use of your personal information.

To offer these Incentives, we must track the personal information you provide when you sign up or engage in activities in connection with the OFF 5TH Rewards program, such as your email address, referral activity, purchase history and engagement with Saks OFF 5TH ("OFF 5TH Rewards Program Data"), as described in the OFF 5TH Rewards Terms and Conditions..

The value of OFF 5TH Rewards Program Data is calculated by determining the approximate additional spending per participant, per year compared to individuals who have not participated in OFF 5TH Rewards. The value of OFF 5TH Rewards Program Data is reasonably related to the costs associated with offering the Incentives. You can register for the program here, and you can withdraw from or cancel your registration at any time by contacting us as described above.

 

 

Your Colorado, Connecticut, Florida, Montana (starting October 1, 2024), Oregon, Texas, Utah and Virginia Privacy Rights

If you are a resident of Colorado, Connecticut, Florida, Montana (starting October 1, 2024) Oregon, Texas, Utah or Virginia, the consumer privacy laws in those states provide you with the following rights with respect to your Personal Information:
 

  • Right to Access -- the right to request to confirm whether we process your personal information and access your personal information in a portable and, to the extent technically feasible, readily usable format. The easiest way to submit a request to access is to click on Request to Know or Access and complete the form available there. You may also call us at 1-801-207-7043. 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 have obtained about you, subject to certain exceptions. The easiest way to submit a request to delete is to click on Request to Delete and complete the form available there. You may also call us at 1-801-207-7043. 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 inaccuracies in your personal information, subject to certain exceptions. The easiest way to submit a request to correct is to click on Request to Correct and complete the form available there. You may also call us at 1-801-207-7043. To complete your request, we may need additional information from you to verify your identity.
  • Right to Opt-Out -- the right to request to opt-out of the processing of your personal information for purposes of targeted advertising, the sale of personal information, and/or profiling in furtherance of decisions that produce legal or similarly significant effects. The easiest way to submit a request to opt-out is to click on Right to Opt-Out and complete the form available there. You may also call us at 1-801-207-7043. Residents of Colorado and Connecticut also 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 Appeal -- if we deny your request you have the right to appeal our decision. The easiest way to submit a request to appeal is to follow the instructions in our response denying your request. You may also call us at 1-801-207-7043. We will respond to appeals from Colorado and Oregon residents within 45 days. We will respond to appeals from Connecticut, Florida, Montana, Texasand Virginia residents within 60 days. We will respond to appeals from Colorado residents within 45 days.

 

 

When you exercise these rights and submit a request to us, 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. Saks OFF 5TH also may use a third-party verification provider to verify your identity. We will endeavor to honor such requests unless such a request conflicts with certain lawful exemptions under your state’s consumer privacy law.

 

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.