PRIVACY POLICY


Your privacy is very important to us. This privacy policy (“Privacy Policy”) addresses how Fabletics, LLC ("Fabletics") collects, protects and uses information you provide. By visiting www.Fabletics.com (this "Site"), accessing any mobile applications we may provide, using any products or services we may offer from time to time via our Site and/or related applications or otherwise interacting with us (collectively, the “Services”), you agree to accept the practices described in this Privacy Policy.


INFORMATION WE COLLECT FROM YOU DIRECTLY


We group the collection of user information into two categories: personal, which is information identifiable to a specific individual, and aggregate, which is collective information about a group of individuals that does not identify any individual person. Personal information may include your name, email address, mailing address, or phone number. Examples of aggregate information are the number of visitors to our Site, statistics on customer demographics and shopping trends. Fabletics may use or disclose aggregate information for any lawful purpose.


We collect information that you provide directly to us. For example, we collect information when you use our Site, shop in our stores, contact our customer service representatives, create an account, sign up to receive emails, sign up to receive text messages, upload or share images or videos of yourself or others on our Site or social media, participate in a sweepstakes or survey, communicate with us via third-party social media sites such as Facebook, Instagram, TikTok or Twitter, or otherwise communicate with us through other interactions.


The types of information you may provide directly to us include, but are not limited to, your name, email, zip code, date of birth, phone number, shipping address, billing address, credit card or payment information, product and size preferences, measurement information, including height, weight and body measurements that could be deemed to be biometric information in certain states, Site preferences, demographic information such as size and language preferences, age, gender, geographical location, time zone, income and education, user generated images or videos, social media profile picture, social media handle, username, product reviews, and any other information you may choose to provide. Providing this information to us is voluntary, however, certain information such as your name, email, phone number, shipping address, billing address, and payment information may be necessary to access or utilize our Services. If you do not provide us with this information, we may not be able to provide you with full access to our Services.


We also collect information when you communicate with us through our customer service channels, such as by phone, live chat, Facebook Messenger and third-party customer review platforms. In compliance with applicable law, we record, monitor and store telephone calls and live chat transcripts when you contact us through our customer service channels. Please note we use chatbots/virtual assistants to assist with common customer service requests and questions when you initiate and interact with the live chat feature available on our Site. By using live chat, you agree to the practices described in this Privacy Policy. You may end your live chat session at any time by closing the chat window.


In some cases, we may also collect information that you provide about others, such as when you purchase a gift card for else and choose to deliver it electronically, ship products to someone else’s mailing address or refer a friend to join the Fabletics VIP Membership program. Fabletics will only use this information to fulfill your requests and will not send any marketing communications unless they choose to register for an account or opt-in to receive communications from us.


INFORMATION WE COLLECT AUTOMATICALLY


Like most online businesses, Fabletics and its partners and third party service providers collect certain information automatically when you visit or interact with our Site and Services in order to improve the overall quality of your online experience. This information we automatically collect can be personal or aggregate, and includes:

  • Log Information: We collect information about your use of our Site, including your internet protocol (IP) address, operating system, the type of browser you use to access the Site, your device’s regional and language settings, browser ID, the referring link through which you accessed our Site, date/time of Site visits, the time you spent on our Site and any errors that may have occurred during your visit.
  • Cookies: Our Site, online advertisements and emails may use first-party and third-party cookies, pixel tags, session replay (on a random sample of Site visitors if used) and other technologies to automatically collect information about you such as your usage and activity on our Site. This activity may include the number of visits to our Site, pages viewed, amount of time spent on a page, links and products clicked, products added to the shopping cart, products purchased, searches made, and any other actions you take in connection with our Site, online advertisements or emails. By using the Services you consent to the use of such technologies, including cookies, pixel tags, and screen capture technology to collect information about you. We use this information for various business purposes, including to identify and resolve Site errors, mitigate risk and potential fraud, facilitate web page navigation, display information more effectively, remember your preferences, personalize your online experience, understand how our Site is being used, market our products and services, ensure that the emails and online advertisements we send to you are more relevant to your interests, and measure the success of our marketing campaigns.


BY ACCESSING OR USING OUR SERVICES, YOU CONSENT TO THE RECORDING, MONITORING, AND STORING OF YOUR SITE ACTIVITY FOR FUTURE USE IN THE MANNER AND FOR THE PURPOSES AS DESCRIBED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE.


Most web browsers are set up to accept and manage cookies. You can adjust your cookie settings in your browser to disable existing cookies, automatically reject cookies or to notify you when a cookie is being placed on your browser. Depending on your browser, mobile device and operating system, you may not be able to delete or block all cookies. If you use multiple browsers on your devices, you will need to manage your cookie settings on each browser separately. Please note that by disabling or rejecting cookies, some aspects of the Site may not function properly. For more information about cookies and how to manage or reject them, please see your Cookie Settings located in the footer of this Site.

  • Transaction Information: When you make a purchase, return or exchange, we collect information about the transaction, such as the product details and the date and location of the purchase, return or exchange.
  • Mobile Information: When you access our Site from a mobile device, we may receive information about your location and your mobile device, such as unique device identifiers and your precise or approximate geolocation information in accordance with your device permissions. You may use our Services without enabling location information through your device, however, this may affect some functionality available in the Services.
  • Information from Third Party Sources: We also receive information about you from other sources, including through service providers, third-party information providers, marketing partners, customers, public sources, transactions such as mergers and acquisitions, and through your interactions with us on social media websites and online advertisements. We may combine this information with other information we collect from or about you and add it to the information we associate with your account. In these cases, our Privacy Policy will govern the handling of the combined personal information.


HOW WE USE YOUR INFORMATION

We collect personal information to make our Services more rewarding for you to use, including billing, shipping and tracking your orders. If we have any questions or concerns regarding your order, we may use this information to contact you. We also use this information for internal purposes, such as studying our customers' preferences and improving customer experience on the Site. We may also use your information to contact you for promotional purposes and provide customer service to you. If you enter into a sweepstakes, contest, or similar promotion, we may use the information you provide to administer those activities, email participants, notify winners, and award prizes. By participating in a sweepstakes, contest or similar promotion, you agree to the promotion’s terms and conditions and agree to share the information you submit for the promotion with the sponsors of that promotion. We may combine information about you with information from other sources in order to improve the quality of our Services.


We also receive and store certain personally non-identifiable information, which is collected passively using various technologies, and cannot presently be used to specifically identify you. This Site may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, the domain names of our visitors' Internet service providers, and how our users use and interact with the Services. Also, in an ongoing effort to better understand and serve you, we often conduct research on customer demographics, interests and behavior based on the personal and other information provided to us. This research may be compiled and analyzed on an aggregate basis. We may share this non-identifiable and aggregate data with affiliates, agents and business partners, but this type of non-identifiable and aggregate information does not identify you personally. We may also disclose aggregated user statistics in order to describe our Services to current and prospective business partners, and to other third parties for other lawful purposes.


As we are part of a global group of companies, by using the Services you acknowledge that we may use the personal information we collect or receive about you in the US, European Economic Area and other countries in which we and our partners operate for purposes described in this Privacy Policy. This includes sharing your information with other companies in our global group.


HOW IS THIS INFORMATION SHARED:

We share information about you only as described in this Privacy Policy and with companies within our global group including, but not limited to, our subsidiaries and affiliates. Our group companies follow practices at least as protective as those described in this Privacy Policy.


In addition, there are certain circumstances in which we may share your personal information with certain third parties without further notice to you, as set forth below:

  • We do not sell any of your personal information to third parties for profit. Like most online businesses, we do share some information with contracted third parties in order to provide better services and advertising to you, and do afford you the option to opt-out of sharing this information.
  • We may share information about you with trusted third parties in order to improve your customer experience. These third parties may contact you about products, services or promotions you may be interested in, or to otherwise improve your customer experience with this Site.
  • We may share information about you, such as your name, address, email address, as well as a record of any transactions you conduct on our website or offline with us via our third-party advertising partners and its service providers, in order to deliver to you relevant banner advertisements and other advertising tailored to your interests when you visit certain websites. Our advertising partners will make the data we provide to it anonymous. To learn more about the use of this information or to make choices about receiving personalized advertising provided by third parties, please visit the Network Advertising Initiative by clicking here.
  • We use session replay technology from time to time, and if used, on a random sampling of Site visitors to automatically collect and analyze information about how visitors interact with our Services using trusted third party service providers who have executed appropriate data processing agreements and have committed to uphold and comply with applicable privacy and security regulations. If you are a part of this random sample of Site visitors, we may share this information about you with our service providers, such as when you visit the Site, how you use the Site, what webpages you visit, time spent on a webpage, what you click on, the links and products viewed and clicked on, what browser you are using when you access the Site, products added to your cart or purchased, and searches made on the Site. We use this information for quality assurance, to monitor and improve customer service support and our Services, and to better understand our customers and other visitors who access our Site to help us develop more relevant products and services. Please note Fabletics does not collect any personal information through session replay technology, and any information that is collected is not connected to your customer account if you have an account with us.
  • We may also use your personal information in connection with automated decision making via our contracted third party service providers to protect our business from fraud during the checkout process. Certain transactions that appear to be fraudulent may be blocked from processing through automated decision making. We process this information given our legitimate interest in protecting our Services, to measure the adequate performance of our contract with you, and to comply with applicable laws.
  • As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, your information may be part of the transferred assets.
  • When we believe in good faith that disclosure is necessary to protect the rights, property and safety of Fabletics, its users or the public.
  • As required by law, to comply with a judicial proceeding, subpoena or court order, to exercise our rights, or to defend against any claims.


COOKIES AND WEB BEACONS

Like most websites, this Site uses cookies, web beacons and other similar technologies to gather user, browser and device information in order to help us better understand user behavior, tell us which parts of this Site users have visited, and facilitate and measure the effectiveness of our Services, advertisements and web searches, and to personalize your experience with our Services. Such information may be collected by or shared with trusted third-party service providers who have committed to uphold and comply with applicable privacy and security regulations. To the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information. As we develop this Site, we may gather additional information from you through the use of other technologies.


COOKIE

A cookie is a small text file that is stored on a user's computer or device for record-keeping purposes. We use cookies to automatically collect information about how and when you use this Site, read our emails or otherwise engage with our Services by setting and accessing cookies on your computer or device. These cookies track information such as how often you visit our Site, what pages you view, whether any products are left in your shopping cart, and where you go after you leave our Site. The cookies may be connected to your personal information. The cookies may also monitor aggregate metrics such as the total number and frequency of visitors so that we may better understand and manage our Site traffic and help diagnose any errors. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Site's features and disabling may cause some features on the Site to operate improperly. You also have the ability to restrict the use of cookies and advertising IDs:

  • You can use your browser’s settings to clear, delete or prevent cookies. We cannot control cookies that you have stored on your browser and recommend deleting all current cookies. Instructions for how to do this on different types of browsers can be found here: https://www.allaboutcookies.org/manage-cookies/.
  • We use Google Ads and Google Analytics to serve and measure advertising. Please go here and here to manage your advertising preferences or opt-out of certain personalized ads and cookies.
  • We also use Facebook to help serve and optimize advertising. Please go here to control Facebook’s use of cookies.
  • You may also find more information on our use of cookies and how to manage them in your Cookie Settings, located in the footer of this Site.

Your browser settings may allow you to automatically transmit a “Do Not Track” signal to websites that you visit. Please note, however, there is no industry consensus as to what website and app operators should do with regard to these signals. Fabletics does not monitor or respond to “Do Not Track” browser settings and if used, our Site may continue to collect information in the manner indicated in this Privacy Policy. For more information on “Do Not Track” signals, please visit http://www.allaboutdnt.com. Please be aware that if you disable or remove tracking technologies some parts of the Site may not function correctly.


WEB BEACON

Web beacons, or clear gifs, are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users. In contrast to cookies, which are stored on a user's computer hard drive, web beacons are embedded invisibly on web pages. Web beacons help us better manage content on our Site by informing us what content is effective. We do not tie the information gathered by web beacons to your personal information.


OPTING OUT

We may occasionally send you newsletters and emails regarding announcements, special offers, promotions, features and/or product updates. We may also communicate with you on behalf of third parties about special offers, promotions, features and/or product updates we think may be of interest to you, or you may have opted-in to receive newsletters or special promotions from one of our trusted third party providers. If you decide you do not wish to receive these communications, you may opt-out by clicking the unsubscribe link or by following the instructions included in the communication. Please note, however, that as user of the Services you cannot opt-out of some administrative communications that are reasonably necessary to the Services, such as billing or service notifications.


You may also receive targeted, interest-based advertising that is automated and tailored to your preferences and interests based on your online browsing activities over time and across third-party websites and applications. Your preferences and interests are determined from personal information collected about you, whether by us or other parties. You may receive this advertising when using online services, like advertisements in mobile applications or on websites. You may opt-out of certain targeted, interest-based advertising by visiting http://www.networkadvertising.org/choiceshttps://www.networkadvertising.org/mobile-choice or http://www.aboutads.info/choices. You may also opt-out of receiving some interest-based advertisements on your mobile devices by going here and by managing the settings on your mobile device. Fabletics is not responsible for the effectiveness of, or compliance with, any third party’s opt-out options.


Please note that when you opt-out of receiving interest-based advertisements, this does not mean you will no longer see online advertisements from us, only that those online advertisements will not be based on your interests. In addition, cookies used on the Site may still collect information for other purposes, including for analytics and fraud prevention.


SMS MESSAGING

Fabletics collects various information from and about you when you sign up to receive automated marketing text messages, including information you directly provide when you enroll in its text message marketing program (the “Messaging Service”). For example, we collect the phone number and email address you provided when signing up for the Messaging Service. When you send messages via the Messaging Service, we will also collect your messaging history and any information included in those messages.


We may also collect information about you using cookies or similar technologies. Cookies enable personalization of your experience on the Messaging Service (e.g., sending you personalized text messages such as shopping cart reminders).


If you participate in a contest, sweepstakes, research study, or email survey associated with the Messaging Service, we will collect basic contact information and any other information you choose to provide in connection with these activities. We will also collect your contact information if you contact us with questions about the Messaging Service or for customer service.


We may share, transfer, or disclose your information, if you consent to us doing so, as well as in the following circumstances:

  • Service Providers. We may share your information with third parties to help us provide the Messaging Service to you. For the purposes of the Messaging Service, Iterable acts as our service provider and data processor of your information. Your text messaging originator opt-in data and consent will not be shared with any other third parties.
  • Legal Requirement and Protection of Iterable and Others. We may disclose your information as we believe such disclosure is necessary or appropriate to: (i) comply with applicable law and legal processes; (ii) respond to requests from public and government authorities, including public and government authorities outside your country of residence; (iii) enforce a contract with us; (iv) protect our rights, privacy, safety, or property, and/or that of our affiliates, you or others; and (v) allow us to pursue available remedies or limit the damages that we may sustain.


From time to time, we may share aggregate or de-identified information about use of the Messaging Service and such aggregated or de-identified information may be shared with any third party, including advertisers, promotional partners, and sponsors.


We retain your information for as long as you participate in the Messaging Service or as needed to comply with applicable legal obligations. We will also retain and use your information as necessary to resolve disputes, protect us and our customers, and enforce our agreements.


Consent to receive automated marketing text messages is not a condition of any purchase. You can opt-out of receiving further commercial text messages via the Messaging Service by responding to any of our text messages with any of the following replies: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. For additional opt-out information, please review our Terms of Service.


If you are experiencing any problems with the Messaging Service, you may call us at 1-844-322-5384 or contact us through live chat available 24 hours a day, 7 days a week.


SECURITY

The security of your personal information is important to us. When you provide sensitive personal information (such as a credit card number), we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the personal information submitted to us and to guard against loss, unauthorized access, misuse, disclosure, alteration and destruction, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee the absolute security of such information. Please keep this in mind when disclosing any personal information to us or any other party online. In the event that we learn of a security breach, we may notify you electronically or in writing, to the extent required by law, so you may take appropriate protective steps. If you have any questions about security on our Site, please contact us as indicated below.


LINKS TO OTHER SITES

This Site may contain links to other sites that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other sites. This privacy statement applies only to information collected by this Site and does not apply to other sites that are owned and operated by third parties. We encourage you to be aware when you leave our Site and to read the privacy statements of each and every Web site that collects personally identifiable information. This Privacy Policy does not cover any information that you disclose to such sites or that they may collect, and you will need to contact the other sites directly for information regarding their privacy policies. The privacy policies of the other sites may be significantly different from this Privacy Policy. We are not responsible for the privacy practices of the other sites and cannot guarantee the security of any of your personal information collected there. 


PUBLIC FEATURES OF THE SITE

This Site may enable you to post comments, reviews, photos, videos and other information on publicly available areas of this Site. Any information you post in these areas of this Site will be available to all of our users. By posting on the publicly available areas of the Site, you agree that Fabletics is not responsible for the information posted or the use of that information by any third party, so please use caution in disclosing any personal information when you post such comments, reviews, photos, videos or other information. We reserve the right to terminate user accounts if the public features of this Site are used inconsistently with the Site’s Terms of Service.



FACEBOOK

You can log in to your Account using your Facebook account, or utilize your Facebook account to access and use the social features on this Site. In doing so, Facebook will ask your permission to share certain information from your Facebook account with this Site. This may include your first name, last name, gender, profile picture, list of friends, a link to your Facebook profile, likes, and other data that is part of your or your friends' Facebook profile(s). This information is collected by Facebook and is provided to us under the terms of Facebook's Privacy Policy. You can control the information that we receive from Facebook using the privacy settings in your Facebook account. If you use your Facebook account to access and use the social features on this Site, your Facebook user name and your Facebook profile picture will be shared with other users of this Site. Further, other users of this Site may be able to view your profile and shopping activity on this Site.


You may choose to share your shopping activity on this Site with your friends on Facebook. A subset of your user activity on this Site, including your likes, purchases, wishlists and friends will automatically be shared to both your friends on Facebook and with your Facebook friends on this Site. Additionally, such activity will be visible to users on this Site who have a Facebook account but who might not be your friend on Facebook. The information you choose to share with your Facebook friends will be attributed to your Facebook account that was used to access this Site. Facebook's use of such information and any information it collects from your use of Facebook is governed by Facebook's Privacy Policy. Fabletics has no liability or responsibility for the privacy practices or other actions of Facebook that may be enabled within use of this Site. The use of information on this Site is governed by this Site's Privacy Policy. You understand and acknowledge that you have read and are familiar with this Site's Privacy Policy and Facebook's Privacy Policy. If you do not wish to share your activity on this Site with your friends on Facebook, you may adjust your sharing settings on this Site at any time to disable such sharing. You understand and acknowledge that if you adjust your settings to disable such sharing on Facebook, such activity may continue to be publicly available to other users on this Site, including users with Facebook accounts.


ACCESSING, UPDATING OR DELETING YOUR ONLINE ACCOUNT INFORMATION

You may access, update, supplement or correct your online account information at any time by logging into your account and navigating to the "My Account" page or by contacting us. You can also contact us by phone if you wish to deactivate your account, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.


CHILDREN UNDER 18

This Site is not designed for children and we do not wish to collect personal information from children under 18. If you register with us and we discover that you are under 18, we will delete your account. If a child under the age of 18 has provided us with personally identifiable information online, we ask that a parent or guardian contact us to have that child’s information deleted. You must be 18 or over to purchase products and provide personal information to this Site.


EXCLUSION TO THIS PRIVACY POLICY

This Privacy Policy shall not apply to any unsolicited information you provide to Fabletics through this Site or through any other means. This includes, but is not limited to, information posted to any public areas of the Site, such as review sections and forums (collectively, "Public Areas"), any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, "Unsolicited Information"). All Unsolicited Information shall be deemed to be non-confidential and Fabletics shall be free to reproduce, use, disclose, distribute and exploit such Unsolicited Information without limitation or attribution.


STATE-SPECIFIC PRIVACY INFORMATION

Certain states have enacted consumer privacy laws that grant their residents certain rights and require additional disclosures with respect to our collection, use, and disclosure of personal data. If you are a resident in a state with a comprehensive consumer privacy law, including, but not limited to, California, Virginia, Colorado, Connecticut, Utah, Oregon, Texas, Florida and Montana, this section applies to you in addition to the rest of our Privacy Policy.


Collection of Personal Data

In this section, “personal data” means any information that is linked or reasonably linkable to an identified or identifiable natural person, but does not include de-identified data or publicly available information. The types of personal data we collect about you depend on your interactions with us. For example, we may collect the following categories of personal data:

  • Profile information, such as name, email address, customer ID, mailing address, phone number, and/or Facebook username and profile picture;
  • Demographic information, such as age, gender, birthday and other personal identifiers;
  • Commercial information, such as order history, delivery information, payment method, credit or debit card information, billing and shipping information, order ID, items purchased, items returned or exchanged, size, style and product preferences, other unique identifiers related to your purchases or the use of our Services;
  • Location information, such as your precise or approximate geolocation information in accordance with your device permissions. You may use our Services without enabling location information through your device, however, this may affect some functionality available in the Services;
  • IP address, cookies, advertising IDs, tracking pixels, session replays and other unique identifiers;
  • Internet activity information such as how a consumer browses and interacts with our Services, Site and advertisements, and device, browser and/or computer properties, which may include, but is not limited to, information about your operating system, the type of browser you use to access the Site, your device’s regional and language settings, browser ID, the referring link through which you accessed our Site, date/time of Site visits, the time you spent on our Site and any errors that may have occurred during your visit; and
  • Inferences drawn from any of the above that reflect a consumer’s preferences, characteristics and trends.


If we collect sensitive personal data, we will notify you at or before the time of collection and provide you with an opportunity to opt-out of the processing. However, please be aware, if you choose to opt-out or not provide your sensitive personal data that is necessary for any aspect of our products or Services, you may not be able to use those products or Services.


Use of Personal Data

We may use or share the personal data collected above for the following business purposes:

  • To create and manage your account and VIP Membership;
  • To provide, administer, deliver, support, maintain and improve our products, events, promotions, and Services, such as fulfilling and tracking your orders, processing payments through third-party vendors, and performing our contractual obligations within the context of our ongoing business relationship with you;
  • To improve customer experience on the Site;
  • To send and respond to communications from you related to your account, purchases, exchanges, returns and participation in the VIP Membership program, including to provide customer service;
  • To conduct research and development of our products and Services;
  • To provide personalized product recommendation services to customers;
  • To prevent and detect fraudulent activities and ensure the security of your account and our Services;
  • To provide and improve advertisements, including sending marketing communications about products, services, offers, promotions, rewards and events that may be of interest to you to better understand your interests;
  • To respond to law enforcement requests as required by applicable law, court order or government regulations; or
  • In accordance with your consent, specific direction or instructions.


Disclosure of Personal Data

We share the personal data to the following third parties:

  • With our affiliates and service providers, such as customer service providers, shipping partners, payment processors, product recommendation platform service providers, analytics and data warehousing partners; and
  • With our contracted third-party providers, such as marketing and advertising partners.


Your Privacy Rights

  • Right to Access/Portability. You have the right to confirm whether we are processing your personal data. You also have the right to access and receive a copy of your personal data about you we have collected, used, disclosed or otherwise processed. You can also view and manage most of your personal data by logging into your account.
  • Right to Correct Inaccuracies. You have the right to request that we correct inaccurate personal data that we maintain about you. You can also view and manage most of your personal information by logging into your account.
  • Right to Delete. You have the right to request the deletion of your personal data we collect and maintain. Please be aware that deleting your personal data is irreversible and means that you will no longer have an account with us. BY SUBMITTING A DELETION REQUEST, YOU WILL BE DELETING YOUR ENTIRE ACCOUNT INCLUDING ANY UNUSED MEMBER CREDITS, REWARD POINTS, AND ORDER HISTORY. If you have any member credits on your account, those credits will be deleted and can no longer be used. If you chose to use our Site at a later time, you will need to sign up again and create a new account. However, if you would like to cancel your VIP Membership instead of deleting your account, you may cancel your VIP Membership at any time by contacting our customer service representatives at 1-844-322-5384 or through live chat, or manage online.
  • Right to Opt-Out. You have the right to opt-out of targeted advertising, the “sale” or “sharing” of your personal information to third parties, and from profiling that would produce legal or similarly significant effects. PLEASE NOTE, WE DO NOT SELL ANY OF YOUR PERSONAL INFORMATION TO THIRD PARTIES FOR PROFIT. LIKE MOST ONLINE BUSINESSES, WE DO SHARE SOME INFORMATION WITH CONTRACTED THIRD PARTIES IN ORDER TO PROVIDE BETTER SERVICES AND ADVERTISING TO YOU. Applicable state law may classify our limited sharing with these contracted third parties as “targeted advertising,” and we do afford you the option to opt-out of sharing this information. Please be aware that even after submitting an Opt-Out request, you may still continue to see advertisements regarding our company online or through third parties. If you continue to visit or use the Site, you may also come across our ads. You will no longer receive personalized advertisements, but you may still see generic, non-personalized advertisements such as those based on the topic and content of the webpage that you visit. For more information on opting-out of targeted advertising, please see the Cookies and Opting-Out sections above.


You may also opt-out of the sale or sharing of your personal information by enabling an Opt-Out Preference Signal, such as the Global Privacy Control (“GPC”), available in certain browsers and extensions. We will treat the GPC browser signal as a valid opt-out request. If you do not have a Fabletics account or if you are not logged into your Fabletics account, your request to opt-out via the Global Privacy Control will be linked to your browser identifier only and not linked to any account because your connection between your browser and your account is not known to us. If you would like us to make the connection between your browser and your account, please sign-in to your account and enable the Global Privacy Control. You may need to take this step to opt-out on additional browsers and devices that you use. If you block or clear cookies from your browser, it may remove the Global Privacy Control settings, requiring you to opt-out again.


Please be aware that even after submitted an Opt-Out request, you may still continue to see advertisements regarding our company online or through third parties. If you continue to visit or use the Site, you may also come across our ads. You will no longer receive personalized advertisements, but you may still see generic, non-personalized advertisements such as those based on the topic and content of a webpage that you visit.


  • Right to No Retaliation/Non-Discrimination. You have the right to exercise any of your Privacy Rights free from discriminatory practices prohibited by law. Unless permitted by applicable state law, we will not deny you goods or services, charge you a different price or rate for goods or services, provide you with a different level or quality of goods or services if you make an access, correction, deletion, or opt-out request. Some of our products and Services, however, may require your personal data. If you choose not to provide your personal data that is necessary for any aspect of our products or Services, you may not be able to use those products or Services.


How To Exercise Your Privacy Rights


To submit a privacy related request, you may call us at 855-266-9949, contact us through live chat (available 24/7), or if you are a resident of California, Connecticut or Colorado, you may fill out our online form available here: Your Privacy Choices.


Prior to processing, we will authenticate your request through our standard verification procedures, such as by requesting you to log in to your account or by verifying the information you provided in your request with your account information we have on file. This information may include first name, last name, email and phone number. Please be aware that this information will only be used to verify and help process your request. However, we are required by law to keep information related to your request for record keeping purposes.


Please allow up to 45 days for us to complete your request. Please note, these Privacy Rights are subject to exceptions, and in certain cases we may decline your request as permitted by law. For example, if you have placed an order or initiated a return or exchange within the last 90 days prior to submitting a deletion request, we will process your deletion request once the 90 days have passed so that we may fulfill your order and uphold our return and exchange obligations to you.


If you wish to appeal a decision denying your request, please contact our customer service representatives via phone or live chat at the above contact information and please clearly indicate that it is an appeal to your privacy request. If you have concerns about your appeal, you have the right to contact your state’s Attorney General’s Office.


You may also allow an authorized agent to submit privacy-related requests on your behalf. If you would like to do so, please submit a signed Power of Attorney naming the person who will be your authorized agent. This person may then submit privacy-related requests on your behalf using any of the available methods we offer. Please mail the signed Power of Attorney to Fabletics, LLC, Attn: General Counsel-Privacy Request, 800 Apollo Street, El Segundo, CA 90245.


ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS – CALIFORNIA PRIVACY RIGHTS

If you are a California resident, this section applies to you in addition to all other applicable rights and information contained in this Privacy Policy. It describes how we collect, use and share personal information of California residents, and their rights with respect to their personal information, as defined under the California Consumer Privacy Act of 2018 (“CCPA”), as amended by the California Privacy Rights Act of 2020 (“CPRA”).


California Privacy Rights

In addition to the Privacy Rights described above, as a California resident, you have the following rights in connection with your personal information:

  • Right to Know What Personal Information is Being Collected. You have the right to know the categories of personal information that we have collected about you, the categories of sources from which we have collected your personal information, the business purposes for collecting your personal information, the categories of third parties that we disclose your personal information to, and the specific pieces of personal information that we have collected about you over the preceding 12 months. You may find all of this information in our Privacy Policy under State-Specific Privacy Information.


  • Right to Know What Personal Information is Sold or Shared. You have the right to know the categories of personal information that we have collected about you, which of those categories of personal information have been sold or shared, the categories of third parties that the personal information was sold to or shared with, and for what business purpose the personal information was sold or shared over the preceding 12 months. You may find all of this information in our Privacy Policy under State-Specific Privacy Information.


  • Right to Limit Use and Disclosure of Sensitive Personal Information. You have the right to request that your sensitive personal information only be used for certain business purposes that are necessary for us to perform our services or provide our products to you. Those business purposes are: (i) to ensure the security and integrity of our systems and networks; (ii) to provide non-personalized advertising as a part of your current interaction with our business; (iii) to provide our Services to you, including, but not limited to, maintaining or servicing your account, providing customer service, processing or fulfilling orders, verifying customer information, processing payments, providing analytics services, storing customer information, or providing similar business services; and (iv) to verify and maintain the quality and safety of our Services and to improve, upgrade or enhance our Services to you. Please be aware that we do not use any sensitive personal information for any purposes other than those that are permitted under the law and specified under this section.


To exercise your privacy rights you may call us at 855-266-9949, contact us through live chat available 24/7, or fill out our online form available here: Your Privacy Choices. Please note, the rights granted to you under California law may provide us with exceptions to fulfilling your request, including where we need to retain the information to fulfill a legal obligation, complete a transaction with you, prevent fraud or any other purpose permitted by law. For more information on how we verify and process your privacy-related requests, please see How To Exercise Your Privacy Rights. 


Do Not Sell or Share My Personal Information

As described above, we work with certain advertising partners to show ads that are personalized to your interests. These activities may be considered "selling" or "sharing" of your personal information under California law. To opt out of these activities, you may submit a request using the online form available here and adjust your settings on each device and browser you use to access the Site by visiting our Cookie Settings page. You may visit our Site using a legally recognized device or browser-based opt-out preference signal such as the Global Privacy Control, which will opt you out of the sale or sharing of your personal information. Please note that we may continue to collect and share personal information about you with other third parties for purposes other than targeted advertising and as permitted by law. Even after you submit an opt-out request, you may still see non-personalized online ads such as those based on the topic and content of a webpage that you visit.


Notice of Financial Incentives

From time to time, we may offer special discounts, rewards, offers or other perks to you related to the collection of your personal information. You may be presented a financial incentive to register for an account, sign up for our mailing list or text message program, or participate in our friend referral program. We offer these financial incentives to enhance our relationship with you and your experience on the Site. There is no obligation to sign up for any of these incentives and you may withdraw your consent at any time.

  • When you register for an account or sign up for our marketing emails or text messages you may receive an exclusive VIP Member offer on your first VIP Member purchase. You can opt-in to receive this offer by providing the personal information requested in the sign-up form (e.g., name, email address, phone number, zip code, birthday or size preferences). You have the right to opt-out from our marketing communications at any time by clicking on the “Unsubscribe” link at the bottom of our emails or by texting STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any of our text messages.
  • When you enroll in the Fabletics VIP Membership, you may receive a promotional offer that applies to your first purchase on the Site. By redeeming this offer and making a purchase as a VIP Member, we will collect the personal information needed to fulfill your order (e.g., name, mailing address, billing address and phone number). There is no obligation to join and the Fabletics VIP Membership can be cancelled at any time by contacting our Customer Service Team at (844) 322-5384, or using the live chat or online cancel options in your Account. For more information on the Fabletics VIP Membership, please visit our Terms of Service.
  • If you are a VIP Member, you will also have the opportunity to invite friends to join the Fabletics VIP Membership in exchange for a referral credit and/or reward points. You may invite your friend by providing their email address or by sharing your personalized referral link in your Account. The referral credit and/or reward points are automatically added to your Account once your friend enrolls in the VIP Membership and makes their first purchase. There is no obligation to join and the VIP Membership can be cancelled at any time by contacting our customer service representatives at (844) 322-5384, through live chat or visiting us online to cancel. For more information on our referral program, please visit www.fabletics.com/friends.



Accessibility 

For users who require access to this Policy in an alternative format, please visit our Accessibility page for more information


If you have any questions or concerns about this Privacy Policy or our privacy practices, you may contact us at 855-266-9949.


Data Retention

We will retain your personal information only for as long as necessary for the legitimate business purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. For example, we will retain personal information to the extent necessary to comply with our legal and financial obligations, to prevent fraud and abuse, or to enforce our agreements. In general, we will retain your personal information for so long as you have an account with us, and for as long as is required by law after you delete your account. Following that period, we will delete or anonymize your personal information so that you can no longer be identified from it.


California Shine the Light Law

Under California Civil Code sections 1798.83-1798.84, if you are a California resident and have an established business relationship with us, you can request a notice disclosing the categories of personal information we have shared with third parties, for the third parties’ direct marketing purposes, during the preceding calendar year. To request a notice, please submit your request to Fabletics, LLC, Attn: Fabletics Legal Department, California Shine the Light Inquiry, 800 Apollo Drive, El Segundo, CA 90245.



NEVADA PRIVACY RIGHTS

If you are a Nevada resident and have provided us with any personal identifying information, you may opt-out of sharing your information with third parties if you submit an opt-out request to the following email address: [email protected]. Please note we do not sell any of your personal information for profit, we do share some information with contracted third parties in order to provide better services and advertising to you. Please allow 60 days for completion of such request.


CANADA PRIVACY RIGHTS

Canadian privacy laws provide specific rights to customers located in Canada. If you are a resident of Canada, this section applies to you in addition to all other information contained in this Privacy Policy.


Canadian privacy law provides Canadian residents the right to access, rectify, erase and consult your personal information. To submit a privacy request, you may call us at 1-855-266-9949 or contact us through live chat (available 24/7).


Prior to processing, we will authenticate your request through our standard verification procedures, such as by requesting you to log in to your account or by verifying the information you provided in your request with your account information we have on file. This information may include first name, last name, email and phone number. Please be aware that this information will only be used to verify and help process your request. However, we are required by law to keep information related to your request for record keeping purposes. We will provide a response to any privacy request within the timeframe required by law. If we cannot substantively respond to your request in a timely manner, we will notify you and provide the reason for the delay.


Under certain circumstances, we may not be able to fulfill your request, such as when doing so would interfere with our regulatory or legal obligations, where we cannot verify your identity, or if your request involves disproportionate cost or effort. However, we will respond to your request within a reasonable time, as required by law.


Your personal information will be transferred to and processed by us and our service providers in the U.S. but may also be transferred to and processed in a country outside this area. We have operations and vendors in the United States, European Union, United Kingdom, and other countries which means we may transfer your personal information to or store or access it in jurisdictions that may not provide levels of data protection that are equivalent to those of your home jurisdiction. We provide adequate protection for the transfer of personal information in accordance with applicable law, such as by obtaining your consent, setting up contractual obligations with our service providers and third parties, and executing Standard Contractual Clauses. For information on our Canadian privacy practices, please contact us. 


How To Exercise Your Privacy Rights


To submit a privacy related request, you may call us at 855-266-9949, contact us through live chat available 9am - 9pm (EST) 7 days a week, or fill out our privacy webform available here: Your Privacy Choices.


Prior to processing, we will authenticate your request through our standard verification procedures, such as by requesting you to log in to your account or by verifying the information you provided in your request with your account information we have on file. This information may include first name, last name, email and phone number. Please be aware that this information will only be used to verify and help process your request. However, we are required by law to keep information related to your request for record keeping purposes.


Please allow up to 15-45 days for us to complete your request. Please note, these Privacy Rights are subject to exceptions, and in certain cases we may decline your request as permitted by law. For example, if you have placed an order or initiated a return or exchange within the last 90 days prior to submitting a deletion request, we will process your deletion request once the 90 days have passed so that we may fulfill your order and uphold our return and exchange obligations to you.


You may also allow an authorized agent to submit privacy related requests on your behalf. If you would like to do so, please submit a signed Power of Attorney naming the person who will be your authorized agent. This person may then submit privacy related requests on your behalf using any of the available methods we offer. Please mail the signed Power of Attorney to Attn: General Counsel-Privacy Request, Fabletics, 800 Apollo Street, El Segundo, CA 90245.


Notice of Financial Incentives


From time to time, we may offer special discounts, rewards, offers or other perks to you related to the collection of your personal information. You may be presented a financial incentive to register for an account, sign up for our mailing list or text message program, or participate in our friend referral program. We offer these financial incentives to enhance our relationship with you and your customer experience on the Site. There is no obligation to sign up for any of these incentives and you may withdraw your consent at any time.

  • When you register for an account or sign up for our marketing emails or text messages you may receive an exclusive VIP offer on your first VIP purchase. You can opt-in to receive this offer by providing the personal information requested in the sign-up form (e.g., name, email address, phone number, zip code, birthday or size preferences). You have the right to opt-out from our marketing communications at any time by clicking on the “Unsubscribe” link at the bottom of our emails or by texting STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any of our text messages.

  • If you are a VIP Member, you will also have the opportunity to invite friends to join the Fabletics VIP Membership in exchange for a referral credit and/or reward points. You may invite your friend by providing their email address or by sharing your personalized referral link in your Account. The referral credit and/or reward points are automatically added to your Account once your friend enrolls in the VIP Membership and makes their first purchase. There is no obligation to join and the VIP Membership can be cancelled at any time by contacting our customer service representatives at (844) 322-5384, through live chat or visiting us online to cancel. For more information on our referral program, please visit www.fabletics.com/friends.



Personal Information Collected, Sold or Shared in the Preceding 12 Months


The chart below summarizes the categories of personal information we collect and share, as well as where we collect it from, how we use it, and who we share it with. For more information on: the categories of information we collect, please see the Section titled “Information We Collect”; the business and commercial purposes for which we collect your personal information, please see the Section titled “How We Use Your Information”; or the categories of third parties with whom personal information is shared or sold, please see the Section titled “How Is This Information Shared”.


Categories of Personal Information Collected and Sold/Shared Sources of Personal Information Purposes for Collection and Selling/Sharing of Personal Information Categories of Service Providers and Third Parties with Whom We Sell or Share the Personal Information
Profile information, such as Name, email address, customer ID, mailing address, phone number, photos and/or Facebook username and profile picture This information has either been provided to us by you directly, or, with your permission, service providers or contracted third-party providers, such as customer review platforms, and marketing and advertising partners. To create and manage your account and VIP Membership; to provide, administer, deliver, support, maintain and improve our products, events, promotions and the Services, such as fulfilling and tracking your orders, processing payments through third-party vendors, and performing our contractual obligations within the context of our ongoing business relationship with you; to improve customer experience on the Site; to send and respond to communications from you related to your account, purchases, exchanges, returns and participation in Fabletics’ VIP Membership program, including to provide customer service; to conduct research and development of our products and Services; to prevent and detect fraudulent activities and ensure the security of your account and our Services; and to provide and improve advertisements, including sending marketing communications about products, services, offers, promotions, rewards and events that may be of interest to you to better understand your interests and behaviors; to respond to law enforcement requests as required by applicable law, court order or government regulations. Service providers, such as customer service partners, shipping partners, payment processors, analytics and data warehousing partners; and contracted third-party providers, such as marketing and advertising partners.
Demographic information such as age, gender, birthday and other personal identifiers This information has either been provided to us by you directly, or with your permission, service providers or contracted third-party providers, such as marketing partners. To provide, administer, deliver, customize, support, maintain and improve our products, events, promotions and the Services; to improve customer experience on the Site; to conduct research and development of our products and Services; and to provide and improve advertisements, including sending marketing communications about products, services, offers, promotions, rewards and events that may be of interest to you to better understand your interests and behaviors; to respond to law enforcement requests as required by applicable law, court order or government regulations. Service providers, such analytics and data warehousing partners; and contracted third-party providers, such as marketing partners.
Commercial information such as order history, delivery information, payment method, credit or debit card information, billing and shipping information, order ID, items purchased, items returned or exchanged, size, style and product preferences, other unique identifiers, and inferences drawn therefrom related to your purchases or the use of our Services. This information has either been provided to us by you directly, or with your permission, your browser, computer or mobile device, service providers, and contracted third-party providers, such as marketing and advertising partners. To provide, administer, deliver, customize, support, maintain and improve our products, events, promotions and the Services, such as fulfilling and tracking your orders, processing payments through third-party vendors, and performing our contractual obligations within the context of our ongoing business relationship with you; to improve customer experience on the Site; to send and respond to communications from you related to your account, purchases, exchanges, returns and participation in Fabletics’ VIP Membership program, including to provide customer service; to conduct research and development of our products and Services; to prevent and detect fraudulent activities and ensure the security of your account and our Services; and to provide and improve advertisements, including sending marketing communications about products, services, offers, promotions, rewards and events that may be of interest to you to better understand your interests and behaviors; to respond to law enforcement requests as required by applicable law, court order or government regulations. Service providers, such as customer service partners, analytics and data warehousing partners; and contracted third-party providers, such as marketing and advertising partners.
Location information, such as your precise or approximate geolocation information in accordance with your device permissions. You may use our Services without enabling location information through your device, however, this may affect some functionality available in the Services This information is either provided to us by you directly or collected automatically according to your browser, computer or mobile device permissions. To provide, administer, deliver, customize, support, maintain and improve the Services; to improve customer experience on the Site; to prevent and detect fraudulent activities and ensure the security of your account and our Services; and to provide and improve advertisements, including sending marketing communications about products, services, offers, promotions, rewards and events that may be of interest to you to better understand your interests and behaviors. Service providers, such analytics and data warehousing partners; and contracted third-party providers, such as marketing and advertising partners.
IP address, cookies, web beacons, advertising IDs, tracking pixels, session replays, and other unique identifiers This information has either been provided to us by you directly, or collected automatically according to your browser, computer or mobile device permissions by our service providers or contracted third-party providers, such as marketing and advertising partners. To provide, administer, deliver, customize, support, maintain and improve our products, events, promotions, and the Services; to improve customer experience on the Site; to conduct research and development of our products and Services; to prevent and detect fraudulent activities and ensure the security of your account and our Services; and to provide and improve advertisements, including sending marketing communications about products, services, offers, promotions, rewards and events that may be of interest to you to better understand your interests and behaviors. Service providers, such as customer service partners, and analytics and data warehousing partners; and contracted third-party providers, such as marketing and advertising partners.
Internet activity information such as how a user browses and interacts with our Services, Site and advertisements, and device, browser and/or computer properties, which may include, but is not limited to, information about your operating system, the type of browser you use to access the Site, your device’s regional and language settings, browser ID, the referring link through which you accessed our Site, date/time of Site visits, the time you spent on our Site and any errors that may have occurred during your visit. This information has either been provided to us by you directly, or collected automatically according to your browser, computer or mobile device permissions by our service providers or contracted third-party providers, such as marketing and advertising partners. To provide, administer, deliver, customize, support, maintain and improve our products, events, promotions, and the Services and the Site; to improve customer experience on the Site; to conduct research and development of our products and Services; to identify and resolve errors that impair existing functionality; to prevent and detect fraudulent activities and ensure the security of your account and our Services; and to provide and improve advertisements, including sending marketing communications about products, services, offers, promotions, rewards and events that may be of interest to you to better understand your interests and behaviors. Service providers, such as customer service partners, and analytics and data warehousing partners; and contracted third-party providers, such as marketing and advertising partners.


Privacy Rights of Virginia Residents


  • Right to Access/Portability. You have the right to request and receive a copy of the personal data about you we have collected, used, disclosed or otherwise processed. You can also view and manage most of your personal data by logging into your account.

  • Right to Correct Inaccuracies. You have the right to request that we correct inaccurate personal data that we maintain about you. You can also view and manage most of your personal information by logging into your account.

  • Right to Delete. You have the right to request the deletion of your personal data we collect and maintain. Please be aware that deleting your personal data is irreversible and means that you will no longer have an account with us. By submitting a deletion request, you will be deleting your entire account including any member credits, reward points, and order history. If you have any member credits on your account, those credits will be deleted and can no longer be used. If you choose to use our Site at a later time, you will need to sign up again and create a new account. However, if you prefer to keep your account and member credits, and instead would like to cancel your monthly VIP Membership, you may do so by contacting our customer service representatives at 1-844-322-5384 or through live chat, or manage online.

  • Right to Opt-Out. You have the right to opt-out of targeted advertising, the sale of your personal information and from profiling that would produce legal or similarly significant effects. PLEASE NOTE, WE DO NOT SELL ANY OF YOUR PERSONAL INFORMATION TO THIRD PARTIES FOR PROFIT. LIKE MOST ONLINE BUSINESSES, WE DO SHARE SOME INFORMATION WITH CONTRACTED THIRD PARTIES IN ORDER TO PROVIDE BETTER SERVICES AND ADVERTISING TO YOU. Virginia law may classify our limited sharing with these contracted third parties as “targeted advertising,” and we do afford you the option to opt-out of sharing this information. Please be aware that even after submitting an Opt-Out request, you may still continue to see advertisements regarding our company online or through third parties. If you continue to visit or use the Site, you may also come across our ads. You will no longer receive personalized advertisements, but you may still see generic, non-personalized advertisements such as those based on the topic and content of the webpage that you visit.

  • Right to Non-Discrimination. You have the right to exercise any of your Privacy Rights free from discriminatory practices prohibited by Virginia law. For example, unless permitted under VCDPA, we will not deny you any goods or services, charge you a different price or rate for goods or services, provide you with a different level or quality of goods or services if you make an access, correction, deletion, or opt-out request. Some of our products and Services, however, may require your personal data. If you choose not to provide your personal data that is necessary for any aspect of our products or Services, you may not be able to use those products or Services.


How to Exercise Your Privacy Rights

To submit a privacy related request, you may call us at 855-266-9949 or contact us through live chat available 9am – 9pm (EST) 7 days a week.


Prior to processing, we will authenticate your request through our standard verification procedures, such as by requesting you to log in to your account or by verifying the information you provided in your request with your account information we have on file. This information may include first name, last name, email and phone number. Please be aware that this information will only be used to verify and help process your request. However, we are required by law to keep information related to your request for record keeping purposes. Please allow up to 45 days for us to complete your request. Please note, these Privacy Rights are subject to exceptions, and in certain cases we may decline your request as permitted by law. For example, if you have placed an order or initiated a return or exchange within the last 90 days prior to submitting a deletion request, we will process your deletion request once the 90 days has passed so that we may fulfill your order and uphold our return and exchange obligations to you.


If you wish to appeal a decision denying your request, please submit your appeal to the above contact information and please clearly indicate that it is an appeal to your privacy request.


You may also allow an authorized agent to submit privacy related requests on your behalf. If you would like to do so, please submit a signed Power of Attorney naming the person who will be your authorized agent. This person may then submit privacy related requests on your behalf using any of the available methods we offer. Please mail the signed Power of Attorney to Attn: General Counsel-Privacy Request, Fabletics, 800 Apollo Street, El Segundo, CA 90245


COLORADO AND CONNECTICUT PRIVACY RIGHTS

***Effective July 1, 2023***

If you are a Colorado or Connecticut resident, the information in this section applies to you in addition to the rest of our Privacy Policy. Certain terms used in this section have the meanings given to them in the Colorado Privacy Act (the “CPA”) and the Connecticut Data Privacy Act (the “CTDPA”).


Collection of Personal Data

In this section, “personal data” means any information that is linked or reasonably linkable to an identified or identifiable individual, but does not include de-identified data or publicly available information. The types of personal data we collect and process about you depend on your interactions with us. For example, we may collect and process the categories of personal data listed in the table above under Personal Information Collected, Sold or Shared in the Preceding 12 Months. This table also lists, for each category, how we obtain the personal data, the purpose for processing such data, and the categories of service providers and third parties with which we share the personal data. To the extent that the Fabletics VIP Membership program or any discount, reward or offer that we provide is considered a bona fide loyalty program, please refer to the Notice of Financial Incentives Section for more information.


Privacy Rights of Colorado and Connecticut Residents


  • Right to Access/Portability. You have the right to request and receive a copy of the personal data about you we have collected, used, disclosed or otherwise processed. You can also view and manage most of your personal data by logging into your account.

  • Right to Correct Inaccuracies.. You have the right to request that we correct inaccurate personal data that we maintain about you. You can also view and manage most of your personal information by logging into your account.

  • Right to Delete. You have the right to request the deletion of your personal data we collect and maintain. Please be aware that deleting your personal data is irreversible and means that you will no longer have an account with us. By submitting a deletion request, you will be deleting your entire account including any member credits, reward points, and order history. If you have any member credits on your account, those credits will be deleted and can no longer be used. If you choose to use our Site at a later time, you will need to sign up again and create a new account. However, if you prefer to keep your account and member credits, and instead would like to cancel your monthly VIP Membership, you may do so by contacting our customer service representatives at 1-844-322-5384 or through live chat, or managing online.

  • Right to Opt-Out. You have the right to opt-out of targeted advertising, the sale of your personal information and from profiling that would produce legal or similarly significant effects. PLEASE NOTE, WE DO NOT SELL ANY OF YOUR PERSONAL INFORMATION TO THIRD PARTIES FOR PROFIT. LIKE MOST ONLINE BUSINESSES, WE DO SHARE SOME INFORMATION WITH CONTRACTED THIRD PARTIES IN ORDER TO PROVIDE BETTER SERVICES AND ADVERTISING TO YOU. Colorado and Connecticut law may classify our limited sharing with these contracted third parties as “targeted advertising,” and we do afford you the option to opt-out of sharing this information. Please be aware that even after submitting an Opt-Out request, you may still continue to see advertisements regarding our company online or through third parties. If you continue to visit or use the Site, you may also come across our ads. You will no longer receive personalized advertisements, but you may still see generic, non-personalized advertisements such as those based on the topic and content of the webpage that you visit.

    You may also opt-out of the sale or sharing of your personal information by enabling an Opt-Out Preference Signal, such as the Global Privacy Control (“GPC”), available in certain browsers and extensions. We will treat the GPC browser signal as a valid opt-out request. If you do not have a Fabletics account or if you are not logged into your Fabletics account, your request to opt-out via the Global Privacy Control will be linked to your browser identifier only and not linked to any account because your connection between your browser and your account is not known to us. If you would like us to make the connection between your browser and your account, please sign-in to your account and enable the Global Privacy Control. You may need to take this step to opt-out on additional browsers and devices that you use. If you block or clear cookies from your browser, it may remove the Global Privacy Control settings, requiring you to opt-out again.

  • Right to Non-Discrimination. You have the right to exercise any of your Privacy Rights free from discriminatory practices prohibited by law. Unless permitted by applicable state law, we will not deny you any goods or services, charge you a different price or rate for goods or services, provide you with a different level or quality of goods or services if you make an access, correction, deletion, or opt-out request. Some of our products and Services, however, may require your personal data. If you choose not to provide your personal data that is necessary for any aspect of our products or Services, you may not be able to use those products or Services.


How to Exercise Your Privacy Rights

To submit a privacy related request, you may call us at 855-266-9949, contact us through live chat available 9am – 9pm (EST) 7 days a week or fill out our privacy webform available here: Your Privacy Choices.


Prior to processing, we will authenticate your request through our standard verification procedures, such as by requesting you to log in to your account or by verifying the information you provided in your request with your account information we have on file. This information may include first name, last name, email and phone number. Please be aware that this information will only be used to verify and help process your request. However, we are required by law to keep information related to your request for record keeping purposes. Please allow up to 45 days for us to complete your request. Please note, these Privacy Rights are subject to exceptions, and in certain cases we may decline your request as permitted by law. For example, if you have placed an order or initiated a return or exchange within the last 90 days prior to submitting a deletion request, we will process your deletion request once the 90 days has passed so that we may fulfill your order and uphold our return and exchange obligations to you.


If you wish to appeal a decision denying your request, please contact our customer service representatives via phone or live chat at the above contact information and please clearly indicate that it is an appeal to your privacy request. If you have concerns about your appeal, you have the right to contact your state’s Attorney General’s Office.


You may also allow an authorized agent to submit privacy related requests on your behalf. If you would like to do so, please submit a signed Power of Attorney naming the person who will be your authorized agent. This person may then submit privacy related requests on your behalf using any of the available methods we offer. Please mail the signed Power of Attorney to Attn: General Counsel-Privacy Request, Fabletics, 800 Apollo Street, El Segundo, CA 90245.


UTAH PRIVACY RIGHTS

***Effective December 31, 2023***

 

If you are a Utah resident, the information in this section applies to you in addition to the rest of our Privacy Policy. This section describes how we collect, use and share personal data about Utah residents, and their rights with respect to their personal data. Certain terms used in this section have the meanings given to them in the Utah Consumer Privacy Act (“UCPA”).


Collection, Use and Sharing of Personal Data


In this section, “personal data” means any information that is linked or reasonably linkable to an identified or identifiable individual, but does not include de-identified, aggregated or publicly available information. The types of personal data we collect and process about you depend on your interactions with us. For example, we may collect and process the categories of personal data listed in the table above under Personal Information Collected, Sold or Shared in the Preceding 12 Months. This table also lists, for each category, how we obtain the personal data, the purpose for processing such data, the categories of service providers and third parties with which we share the personal data, and if such data is sold to third parties or used for targeted advertising. If we collect sensitive personal data (as defined by Utah law), we will notify you at or before the time of collection and provide you with an opportunity to opt-out of the processing. However, please be aware, if you choose to opt-out or not provide your sensitive personal data that is necessary for any aspect of our products or Services, you may not be able to use those products or Services. 

Privacy Rights of Utah Residents

 

  • Right to Access/Portability. You have the right to confirm whether we are processing your personal data. You also have the right to access and receive a copy of the personal data you have provided to us along with your personal data we have collected, used, disclosed or otherwise processed. You can also view and manage most of your personal data by logging into your account.

 

  • Right to Delete. You have the right to request the deletion of the personal data you have provided to us. Please be aware that deleting your personal data is irreversible and means that you will no longer have an account with us. By submitting a deletion request, you will be deleting your entire account including any member credits and order history. If you have any member credits on your account, those credits will be deleted and can no longer be used. If you choose to use our Site at a later time, you will need to sign up again and create a new account. However, if you prefer to keep your account and member credits, and instead would like to cancel your monthly Xtra VIP Membership, you may do so by contacting our customer service representatives at 1-844-322-5384 or through live chat, or managing online.

 

  • Right to Opt-Out. You have the right to opt-out of targeted advertising and the sale of your personal data to third parties. PLEASE NOTE, WE DO NOT SELL ANY OF YOUR PERSONAL DATA TO THIRD PARTIES FOR PROFIT. LIKE MOST ONLINE BUSINESSES, WE DO SHARE SOME INFORMATION WITH CONTRACTED THIRD PARTIES AND SERVICE PROVIDERS IN ORDER TO PROVIDE BETTER SERVICES AND ADVERTISING TO YOU. Utah law may classify our limited sharing with these contracted third parties and service providers as “targeted advertising,” and we do afford you the option to opt-out of sharing this information. Please be aware that even after submitting an Opt-Out request, you may still continue to see advertisements regarding our company online or through third parties. If you continue to visit or use the Site, you may also come across our ads. You will no longer receive personalized advertisements, but you may still see generic, non-personalized advertisements such as those based on the topic and content of the webpage or online application that you visit. For more information on opting-out of targeted advertising, please see the “Cookies” and “Opting-Out” sections above.

 

  • Right to Non-Discrimination. You have the right to exercise any of your Privacy Rights free from discriminatory practices prohibited by law. Unless permitted by applicable state law, we will not deny you any goods or services, charge you a different price or rate for goods or services, provide you with a different level or quality of goods or services if you make an access, deletion or opt-out request. Some of our products and Services, however, may require your personal data. If you choose not to provide your personal data that is necessary for any aspect of our products or Services, you may not be able to use those products or Services.

 

How to Exercise Your Privacy Rights


To submit a privacy related request, you may call us at 855-266-9949 available 24 hours a day or 7 days a week or contact us through live chat available 9am – 9pm (EST) 7 days a week.

 

Prior to processing, we will authenticate your request through our standard verification procedures, such as by requesting you to log in to your account or by verifying the information you provided in your request with your account information we have on file. This information may include first name, last name, email and phone number. Please be aware that this information will only be used to verify and help process your request. However, we are required by law to keep information related to your request for record keeping purposes. Please allow up to 45 days for us to complete your request. Please note, these Privacy Rights are subject to exceptions, and in certain cases we may decline your request as permitted by law. For example, if you have placed an order or initiated a return or exchange within the last 90 days prior to submitting a deletion request, we will process your deletion request once the 90 days has passed so that we may fulfill your order and uphold our return and exchange obligations to you.



EU-US DPF AND THE UK EXTENSION TO THE EU-US DPF

Fabletics complies with the EU-US Data Privacy Framework (“EU-US DPF”) and the UK Extension to the EU-US Data Privacy Framework (the “UK Extension to the EU-US DPF”) as set forth by the U.S. Department of Commerce. Fabletics has certified to the U.S. Department of Commerce that it adheres to the EU-US Data Privacy Framework Principles (“EU-US DPF Principles”) with regard to the processing of personal data received from the European Union in reliance on the EU-US DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-US DPF. If there is any conflict between the terms in this Privacy Policy and the EU-US DPF Principles, the EU-US DPF Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.


TYPES OF DATA COLLECTED UNDER THE EU-US DPF AND THE UK EXTENSION TO THE EU-US DPF

Personal data such as your name, email address, mailing address, credit card information, phone number and IP address are collected. This personal data is used for the following purposes: to process and fulfill orders, communicate with you about orders, any Fabletics service, marketing and sales, internal research, and compliance with federal, state and local laws and regulations. Fabletics also collects aggregate data such as your Site preferences, sizes, age, gender, geographical location, language, time zone, income and education. This aggregate data is used for the following purposes: marketing and sales activities, to optimize shopping experience and types of goods sold, internal research, partnerships or agreements with affiliates, agents and business partners, and to describe our Services to current and prospective business partners.


WHO WE SHARE INFORMATION WITH UNDER THE EU-US DPF AND THE UK EXTENSION TO THE EU-US DPF

Fabletics may disclose personal and non-personally identifiable aggregate data with affiliates, subsidiaries, business partners, advertisers and vendors. The purpose for disclosure to affiliates, subsidiaries and business partners is to improve customer experience, for internal research and marketing and sales purposes. We may share information with advertisers and vendors to comply with lawful agreements and for advertising purposes. Fabletics retains potential liability in cases of onward transfer of information to third parties.


Fabletics may also be required to disclose personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.


Individuals will be notified by Fabletics in the event it uses or discloses information for a purpose other than that for which the information was originally collected or discloses information to a non-agent third party. Notice may take a variety of forms, including through amendments or modifications to this Privacy Policy.


ACCESSING AND UPDATING YOUR PERSONAL INFORMATION

You have the right to access, correct or delete personal data which has been provided to Fabletics. At any time, you may update or correct your online account information by logging into your account and navigating to the "My Account" page or by contacting us. You may also delete your personal data by contacting us to deactivate your account, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.


If you do not want Fabletics to use or disclose your information or provide your information to third parties for marketing and sales purposes, please contact Fabletics at the address provided below under “Inquiries or Complaints Regarding the EU-US DPF and the UK Extension to the EU-US DPF”. If you have already received a non-administrative communication that you did not wish to receive, you may opt-out by clicking the unsubscribe link or by following the instructions included in the communication.


INQUIRIES OR COMPLAINTS REGARDING THE EU-US DPF AND THE UK EXTENSION TO THE EU-US DPF

In compliance with the EU-US DPF and the UK Extension to the EU-US DPF, Fabletics commits to resolve EU-US DPF Principles-related complaints about our collection and use of your personal information. European Union and UK individuals with inquiries or complaints regarding this Privacy Policy should first contact Fabletics at:


Fabletics Ltd.

Attn: Privacy Department

25 Wilton Road

London, SW1V 1LW

United Kingdom


Fabletics has further committed to refer unresolved EU-US DPF Principles-related complaints concerning our handling of personal data received in reliance on the EU-US DPF and the UK Extension to the EU-US DPF to a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://bbbprograms.org/programs/all-programs/dpf-consumers/ProcessForConsumers for more information or to file a complaint. There is no charge to consumers for calling or using this independent dispute resolution mechanism.


Under certain limited conditions, European Union and UK individuals may be able to invoke binding arbitration before a panel to be established by the U.S. Department of Commerce, the EU data protection authorities (DPAs), the UK Information Commissioner’s Office (ICO) and the Gibraltar Regulatory Authority (GRA).


Fabletics is subject to the jurisdiction and investigatory and enforcement powers of the Federal Trade Commission (FTC).


AMENDMENTS OR MODIFICATIONS TO THIS PRIVACY POLICY

We reserve the right to amend this Privacy Policy at any time without prior notice. Notice of any change will be posted on this Site. Please check this page periodically for changes. Your continued use of the Site after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.


CONTACT US

If you have any questions regarding the use of our Site or Privacy Policy, please contact us at:


Fabletics, LLC.

Attn: Privacy Department

800 Apollo Street

El Segundo, CA 90245

Or 1-844-322-5384

Or contact us via live chat or Facebook messenger


Updated on November 6, 2024


EU-US DPF AND THE UK EXTENSION TO THE EU-US DPF

Fabletics complies with the EU-US Data Privacy Framework (“EU-US DPF”) and the UK Extension to the EU-US Data Privacy Framework (the “UK Extension to the EU-US DPF”) as set forth by the U.S. Department of Commerce. Fabletics has certified to the U.S. Department of Commerce that it adheres to the EU-US Data Privacy Framework Principles (“EU-US DPF Principles”) with regard to the processing of personal data received from the European Union in reliance on the EU-US DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-US DPF. If there is any conflict between the terms in this Privacy Policy and the EU-US DPF Principles, the EU-US DPF Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.


TYPES OF DATA COLLECTED UNDER THE EU-US DPF AND THE UK EXTENSION TO THE EU-US DPF

Personal data such as your name, email address, mailing address, credit card information, phone number and IP address are collected. This personal data is used for the following purposes: to process and fulfill orders, communicate with you about orders, any Fabletics service, marketing and sales, internal research, and compliance with federal, state and local laws and regulations. Fabletics also collects aggregate data such as your Site preferences, sizes, age, gender, geographical location, language, time zone, income and education. This aggregate data is used for the following purposes: marketing and sales activities, to optimize shopping experience and types of goods sold, internal research, partnerships or agreements with affiliates, agents and business partners, and to describe our Services to current and prospective business partners.


WHO WE SHARE INFORMATION WITH UNDER THE EU-US DPF AND THE UK EXTENSION TO THE EU-US DPF

Fabletics may disclose personal and non-personally identifiable aggregate data with affiliates, subsidiaries, business partners, advertisers and vendors. The purpose for disclosure to affiliates, subsidiaries and business partners is to improve customer experience, for internal research and marketing and sales purposes. We may share information with advertisers and vendors to comply with lawful agreements and for advertising purposes. Fabletics retains potential liability in cases of onward transfer of information to third parties.


Fabletics may also be required to disclose personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.


Individuals will be notified by Fabletics in the event it uses or discloses information for a purpose other than that for which the information was originally collected or discloses information to a non-agent third party. Notice may take a variety of forms, including through amendments or modifications to this Privacy Policy.


ACCESSING AND UPDATING YOUR PERSONAL INFORMATION

You have the right to access, correct or delete personal data which has been provided to Fabletics. At any time, you may update or correct your online account information by logging into your account and navigating to the "My Account" page or by contacting us. You may also delete your personal data by contacting us to deactivate your account, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.


If you do not want Fabletics to use or disclose your information or provide your information to third parties for marketing and sales purposes, please contact Fabletics at the address provided below under “Inquiries or Complaints Regarding the EU-US DPF and the UK Extension to the EU-US DPF”. If you have already received a non-administrative communication that you did not wish to receive, you may opt-out by clicking the unsubscribe link or by following the instructions included in the communication.


INQUIRIES OR COMPLAINTS REGARDING THE EU-US DPF AND THE UK EXTENSION TO THE EU-US DPF

In compliance with the EU-US DPF and the UK Extension to the EU-US DPF, Fabletics commits to resolve EU-US DPF Principles-related complaints about our collection and use of your personal information. European Union and UK individuals with inquiries or complaints regarding this Privacy Policy should first contact Fabletics at:


Fabletics Ltd.

Attn: Privacy Department

25 Wilton Road

London, SW1V 1LW

United Kingdom


Fabletics has further committed to refer unresolved EU-US DPF Principles-related complaints concerning our handling of personal data received in reliance on the EU-US DPF and the UK Extension to the EU-US DPF to a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://bbbprograms.org/programs/all-programs/dpf-consumers/ProcessForConsumers for more information or to file a complaint. There is no charge to consumers for calling or using this independent dispute resolution mechanism.


Under certain limited conditions, European Union and UK individuals may be able to invoke binding arbitration before a panel to be established by the U.S. Department of Commerce, the EU data protection authorities (DPAs), the UK Information Commissioner’s Office (ICO) and the Gibraltar Regulatory Authority (GRA).


Fabletics is subject to the jurisdiction and investigatory and enforcement powers of the Federal Trade Commission (FTC).


AMENDMENTS OR MODIFICATIONS TO THIS PRIVACY POLICY

We reserve the right to amend this Privacy Policy at any time without prior notice. Notice of any change will be posted on this Site. Please check this page periodically for changes. Your continued use of the Site after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.


CONTACT US

If you have any questions regarding the use of our Site or Privacy Policy, please contact us at:


Fabletics, LLC.

Attn: Privacy Department

800 Apollo Street

El Segundo, CA 90245

Or 1-844-322-5384

Or contact us via live chat or Facebook messenger


Updated on November 6, 2024

Designed With An Eco-Conscious Mindset

At Fabletics, our unwavering commitment to the environment drives us to innovate continuously, with over 60% of our fabrics crafted from sustainable and recycled materials.

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