BEYOND Privacy Policy

Last Updated: December 19, 2022

PRIVACY POLICY

If you are a California or Nevada resident, please see the following state-specific privacy sections of this Policy:

CALIFORNIA

NEVADA

VIRGINIA

OUR COMMITMENT TO PRIVACY:

Your privacy is important to us. To better protect your privacy, we provide this notice explaining our online and offline information practices and the choices you can make about the way your information is collected and used (collectively, the “Policy”). To make this Policy easy to find, we make it available on our homepage and at every point where personal information might be requested. Throughout this Policy, “we”, “us”, and “our” refers to BEYOND, Inc. and its parents, subsidiaries, and its affiliated entities, and “Website” or “Site” refers to https://beyondclothing.com and mobile versions of those sites.

This Policy is subject to our Terms of Use above. We may update this Policy from time to time, as specified in the “Changes to This Privacy Policy” section below.

Your Consent

Please review this Policy periodically. You should read this entire Policy before submitting information, including personal information, to us in any form or using our Site. Whenever you submit personal information to us, you consent to the collection, use, disclosure, share, sale, transfer, and storage of that information in accordance with this Policy.

All personal information may be used for the purposes stated in this Policy. We may make full use of all information that is de-identified, aggregated, or otherwise not in personally identifiable form. We may also make full use of all user-generated content you submit to us, in accordance with our Terms of Use.

THE INFORMATION WE COLLECT:

We collect personal information using three methods: 1) from you when you choose to voluntarily provide it; 2) using automated technology, including when you visit our Site or interact with our electronic advertisements or communications; and 3) using third party sources including but not limited to service providers, entities providing data analysis and analytics, social media and social networking websites and other entities.

We may collect personal data from customers both online and offline. Online, we may collect information through the Website, an affiliated site (such as a promotional microsite linked to our site), a BEYOND page on a community website (such as Facebook or the like), when you interact with us through email, text messages, or mobile applications, or through similar online avenues. On some pages, you may order products, make requests, submit product reviews, and register to receive materials or information and this information may also be collected. Offline, we may collect information through our sales associates at retail locations (such as email addresses for the purposes of sending electronic receipts). Our Policy applies to all information collected by or submitted to the Website, BEYOND, or its employees as described herein.

To see a complete list of what we collect and how we use this data, see Annex 1.

Personal Information

The types of personal information collected include personal identifiers, financial and commercial information, and Internet and device information, including, without limitation, your name, address, email address, phone number, and credit/debit card information. We may collect information about your browsing history, search history, purchase behavior, IP address, device type, cellular carrier, location information, and other information regarding your interaction with a particular website, application, or advertisement, including the Website, when and after you use the Website.

On some pages, you may submit information about other people. For example, if you order a gift online and want it sent directly to the recipient, you will need to submit the recipient’s address. In this circumstance, the types of personal information collected relating to the recipient include their name, shipping address, and phone number.

We may combine information you give us with other information from BEYOND sources or transactions, including without limitation BEYOND Stores, direct mail, catalogs, events, and automatic data collection sources. We may also combine that information with data that is publicly available and/or data from third parties.

AUTOMATIC DATA COLLECTION

  • Cookies (browser cookies): Our Website uses “cookie” technology to improve the quality of your experience. A cookie is a small file that is placed onto an Internet user’s web browser or device and is used to remember and/or obtain information about the user. Cookies store information that a website may need in order to personalize your experience and gather website statistical data. Any time you visit our Website to browse or to read or download information, we collect and store the name of the domain and host from which you access the Internet (for example, msn.com, google.com, etc.); the Internet protocol address of the computer you are using; the browser software you use and your operating system; the date and time you access our Website; and the Internet address of the website from which you linked directly to our Website. We use this information to measure the number of visitors to areas of our Website, and to help us make our Website more useful and interesting to our visitors. We use information from cookies in the aggregate to analyze for trends and statistics, and then discard it.
  • To find more information about cookies and for instructions on how to disable them please visit www.allaboutcookies.org or visit the help section of your browser. Most browsers are initially set to allow cookies, but also offer the option to restrict cookies or warn you of their use. By disabling cookies, you won’t be able to enjoy the convenience provided by our customization.
  • Flash Cookies Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
  • Web Beacons Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that enable us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). We may also use technologies to collect information about your online activities over time and across third party websites or other online services (e.g., behavioral tracking). Because there are not yet common industry-accepted “do-not-track” standards and systems, our Website does not respond to “do-not-track” signals.

THE WAY WE USE INFORMATION

We use the information you provide (about you or someone else) when placing an order to ship the product and to confirm delivery, respond to your requests and feedback, to improve your shopping experience, help target or suggest products for you, send promotional communications or offers (unless you have requested that we not send such communications), and/or to help analyze and improve our Website’s overall performance.

If you contact us, we retain copies of your email correspondence and use return email addresses to answer the email received. Such addresses are not used for any other purpose and are not shared with outside parties.

We may post a product review or other content (including social media posts associated with hashtags related to BEYOND) that you submit, although we reserve the right to not post such content if we, in our sole discretion, deem the content inappropriate.

See our Terms of Use for more information. For more detail about how information is collected and used, see Annex 1.

Email/Text Marketing

We will occasionally send out promotional emails to our previous purchasers relating to sweepstakes and catalog and email signups. You may opt-in to receive emails from us by providing an email address during checkout or by signing up within your Registered Customer Account. If you no longer wish to receive email marketing communications from us, you may opt-out of receiving marketing-related emails by using the unsubscribe method provided in our communications (e.g., by clicking on the “unsubscribe” link in the email to unsubscribe). Please note that unsubscribing from our promotional material will not prevent us from contacting you for other reasons, such as responses to customer service inquiries, or information about a community or plan type for which you have expressed interest in.

You may also choose to participate in certain text or SMS/MMS marketing. If you opt in to such marketing, we may collect and use certain personal information, including phone number, email, product browsing behavior, purchase behavior, device type, cellular carrier, and location to contact you and provide you marketing communications or promotions. View additional SMS terms at: SMS Terms & Conditions SMS Terms & Conditions.

HOW WE DISCLOSE YOUR PERSONAL INFORMATION

Service Providers and Contractors

We may disclose your personal information with our vendors, subsidiaries, partners, and third-party independent contractors for purposes of: (1) performing functions on behalf of us, such as processing credit card transactions; (2) providing you with product offers, marketing or promotional materials through phone, text, or electronic and/or postal mail; and (3) tracking information generated through our Website or social media sites. Our vendors, partners and third-party independent contractors are obligated contractually not to use or share your personal information for unauthorized purposes.

Outside Parties

We disclose Personal Information to third parties we work with who help us gather information from you and communicate with you including entities that provide sweepstakes/contests sponsorship, social media companies, companies providing data analytics, targeted advertising, or online behavioral marketing services.

 

We may share product reviews that you submit with our authorized dealers solely for informational and promotional purposes. If our information practices change at some time in the future we will post the policy changes to our Website. If you are concerned about how your information is used, you should check back at our Website periodically.

Legal Obligations

We may disclose personal information to outside parties (including, without limitation, governmental agencies) if required to do so by law, regulation or court order; to respond to governmental and/or law enforcement requests; to identify, contact or bring legal action against someone who may be causing injury to or interfering with our (or others’) rights or property; to support any actual or threatened claim, defense or declaration in a case or before any jurisdictional and/or administrative authority, arbitration or mediation panel; to enforce the Terms of Use of our Website; to prevent imminent physical harm; in the event that we find that your actions on our Website violate any laws, our Terms of Use, or any of our usage guidelines for specific products or services; or in connection with disciplinary actions/investigations.

Sale or Corporate Restructuring

We may disclose Personal Information to third parties in connection with the sale, assignment or other transfer of the business of our website or the sale, assignment, merger, reorganization or other transfer of our brand or company, provided that the third party agrees to adhere to the terms of this Policy.

Finally, we never use or share the personal information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.

THIRD-PARTY HOSTING

We contract with a third party to maintain and host our Website. Therefore, any information you submit, including personal information, will be placed and stored on a computer server maintained by this third-party host. The third party has agreed to implement technology and security features and strict policy guidelines to safeguard the privacy of your personal information from unauthorized access or improper use.

THIRD PARTY ADVERTISING AND ANALYTICS DISCLAIMERS

We and/or third parties including advertising companies, social networking sites, and service providers on our behalf, use cookies, web beacons and other similar technology, to collect information for the purposes described in this Policy including advertising, analytics, online behavioral marketing, monitoring performance and improvement of our online services (traffic, errors, page load time, popular pages, etc.).

You can opt out of remarketing and targeting advertising as follows:

Google Analytics and Meta Pixel: We use Google Analytics and Meta Pixel to understand how our website, services, and products perform, how you use them, and to serve you with ads on third-party websites and social networking sites like Facebook. To learn more about how Google processes your data, please visit [LINK TO: https://www.google.com/policies/privacy/]. To opt out of Google Analytics please visit [LINK TO: https://tools.google.com/dlpage/gaoptout]. To learn more about how Meta uses your data, please visit [LINK TO: https://www.facebook.com/policy.php].

Digital Advertising Alliance

You can also opt out from companies like Google, Instagram, Pinterest, Meta and other participating companies through the Digital Advertising Alliance in the USA: [LINK TO: http://www.aboutads.info/choices/]. You can also opt out of participating companies from the Digital Advertising Alliance of Canada in Canada: [LINK TO: http://youradchoices.ca/] or the European Interactive Digital Advertising Alliance in Europe: [LINK TO: http://www.youronlinechoices.eu/], or opt out using your mobile device settings.

REGISTERED CUSTOMER ACCOUNT

By creating a Registered Customer Account on the Website, you will be able to store certain personal information to assist your online shopping experience, such as shipping addresses, email addresses and billing information. Accounts are completely optional and provided for your shopping convenience. If you do not wish to set-up an account, you can proceed to checkout as a “Guest.”

You may access and edit any personal information maintained within your account at any time. To do so, simply login using your email address and secured password and navigate through the information tabs on the left-hand side of your Account Dashboard. We use this procedure to better safeguard your information.

You may also subscribe to receive our free newsletter, email promotions, and other updates by checking the box at the time of checkout or account registration. If you wish to unsubscribe from our email list, you will need to do so by clicking on the unsubscribe link at the bottom of our marketing emails, or by updating your “Newsletter Subscription” status within your account.

RETENTION OF DATA

We will retain your personal information (collected through offline and online methods) for as long as it is necessary for the purposes described in this Policy. We will also retain and use your personal information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our legal agreements and policies. For more information regarding retention of personal information see Annex 1.

Intended Audience of Websites; COPPA Compliance

We are in compliance with the requirements of the Children’s Online Privacy Protection Act (“COPPA”). We do not knowingly collect information from minors in the United States or elsewhere with or without the consent of their parents or guardians. Children (under the age of 18) are not eligible to use the Website unsupervised, and we ask that children do not submit any personal information to us. If you are not 18 or older, you should not visit or use our Website or social media accounts. If you become aware that a minor has provided us with personal information without appropriate consent, then please contact us using the details below so that we can take the appropriate steps in accordance with our legal obligations and this Policy.

OUR COMMITMENT TO DATA SECURITY

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place and maintain appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect.

The transmission of information via the Internet is not completely secure. Although we strive to protect your personal information in accordance with this Policy, we will not be liable for disclosure of personal information obtained due to errors in transmission or security breaches.

EXTERNAL LINKS

We may make available third party applications through our Website and social media applications for your use. Links to such applications, any other websites included in this Site or links on our social media accounts operate with privacy policies beyond our control. Unless otherwise indicated, once you have left our Site or our social media account, all use of information you provide is governed by the privacy policy of the other website’s or social media account’s operators. We are not responsible for any transactions that occur between you and a third-party website or social media account.

GOVERNING LAW

This Policy and our privacy practices will be subject exclusively to the laws of the State of California, United States of America. We make no representation that this Policy and its practices comply with the laws of any other jurisdiction.

HOW TO CONTACT US

Should you have other questions or concerns about this Policy, please call us at 206.767.0307 or send us an email inquiry to connect@beyondclothing.com.

Please visit the page, Accessibility to Our Website for Customers with Disabilities [LINK TO: https://beyondclothing.com/pages/accessibility ], if you desire additional assistance accessing or reviewing these policies.

CHANGES TO THIS POLICY

We reserve the right to modify the terms of this Policy at any time and in our sole discretion, by posting the revised Policy on this page. We recommend that you check this page for updates when you visit our Website to ensure you are aware of and understand our current Policy. If we make a material change to this Policy regarding how we use or collect your personal data, we may post a notice to this page or send an email describing the changes. YOUR CONTINUED USE OF OUR WEBSITE FOLLOWING OUR POSTING OF A CHANGE NOTICE WILL CONSTITUTE BINDING ACCEPTANCE OF THOSE CHANGES.

CALIFORNIA CONSUMERS ONLY: Your California Privacy Rights

This Privacy Rights Act Notice (“Notice”) provides additional information to California residents whose Personal Information is collected by us pursuant to California law, including the California Consumer Privacy Act (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”). If you are not a California resident, this Notice does not apply to you. Please visit our Privacy PolicyPrivacy Policy (“Policy”) for more information. Any capitalized terms undefined in this Notice have the same definition as the Policy.

RIGHT TO KNOW ABOUT PERSONAL INFORMATION COLLECTED, DISCLOSED, OR SOLD AND SHARED

Information Collected

Within the past 12 months, we have collected the categories of personal information about California consumers as described in Annex 1 to this Notice. To review these categories click here: Annex 1.

Business-to-Business (“B2B”) Information

If you are a contact person for any of our business partners, vendors, distributors, suppliers, service providers, contractors, or other entities with which we have a business relationship or potential business relationship, you have the same rights as other consumers set forth in this Notice with respect to the information we collect from you in that role. We collect the contact information you provide to us, including name, phone number, address, email address and other contact and relationship information and communications consistent with your role in facilitating that business relationship. We use that information for internal purposes, including to contact you, send and receive information, and otherwise facilitate the business relationship. We do not disclose that information outside our business relationship without your consent. For more details see Annex 1.

Information Sold or Shared

As explained in Annex 1 of this Policy, we share your data with third-party partners such as social networking sites and advertising companies in order to serve you with ads tailored to your preferences across various platforms. This type of sharing may be considered “selling” or “sharing” under the CPRA. You can control the information shared about you and request an opt-out as explained below.

We have sold or shared the following categories of personal information for a business or commercial purpose in the preceding 12 months.

  • ∙ Personal Identifiers
  • ∙Commercial Information
  • ∙Internet Activity

We have disclosed the following categories of personal information for a business or commercial purpose in the preceding 12 months:

  • ∙Personal Identifiers
  • ∙Commercial Information
  • ∙Internet Activity

We do not knowingly sell the personal information of individuals under 16 years of age without affirmative authorization.

 

For details regarding the categories of third parties with whom we have shared, sold, or disclosed personal information, please see Annex 1

Requests to Know

You have the right to request that we disclose to you the following personal information we collect about you:

  • ∙ categories of personal information collected;
  • ∙ categories of sources of personal information collected;
  • ∙ the business or commercial purpose for collecting or selling personal information;
  • ∙ the categories of third parties with whom we share personal information; and the specific pieces of personal information we have collected about you over the past 12 months.

You also have a right to know if we have sold or disclosed your personal information for a business purpose over the past 12 months and, if so, the categories of personal information sold or disclosed and the categories of third parties to whom the personal information was sold or disclosed, along with the business or commercial purpose for which the personal information was sold or disclosed.

To make a request for any of the information set forth above (a “Request to Know”), please submit a verifiable consumer request pursuant to the instructions below. You may only make a Request to Know twice within a 12-month period. We will acknowledge your Request to Know within 10 days and will attempt to respond substantively within 45-90 days.

The Request to Know must provide sufficient information to allow us to verify that you are the person about whom the personal information was collected, sold or disclosed and must contain sufficient detail to allow us to properly understand, evaluate and respond to your request. If we cannot verify your identity, we will not be able to respond to your request.

You can make a Request to Know the personal information we have about you in the following ways:

  • ∙ Enter your request here form
  • ∙ You may make a request here: connect@beyondclothing.com.
  • ∙ You may also make a request by phone by contacting us at 206.767.0307.

Once we receive your Request to Know, we will begin the process to verify that you are the person that is the subject of the request (the “Verification Process”). The Verification Process consists of matching identifying information provided by you with the information we have about you in our records. You will be asked to provide us with two or three pieces of information that will help us to verify your identification.

RIGHT TO KNOW SENSITIVE PERSONAL INFORMATION COLLECTED

We do not collect or process sensitive personal information for the purpose of inferring characteristics.

RIGHT TO REQUEST DELETION OF PERSONAL INFORMATION

You have the right to request the deletion of your personal information collected or maintained by us (“Request to Delete”), subject to certain exceptions permitted by law.

To make a Request to Delete, please submit a verifiable consumer request pursuant to the instructions below. We will acknowledge your Request to Delete within 10 days and will attempt to respond substantively within 45-90 days.

The Request to Delete must provide sufficient information to allow us to verify that you are the person about whom the personal information was collected, sold or disclosed and must contain sufficient detail to allow us to properly understand, evaluate and respond to your request. If we cannot verify your identity, we will not be able to respond to your request. Additionally, as permitted by law, if the information requested to be deleted is necessary for us to maintain, we will not be able to comply with your request. We will notify you if this is the case.

You can make a Request to Delete in the following ways:

  • ∙ Enter your request here form.
  • ∙ You may make a request here: connect@beyondclothing.com.
  • ∙ You may also make a request by phone by contacting us at 206.767.0307.

Once we receive your initial request to delete and your separate confirmation to delete, we will need to verify that you are the person that is the subject of the request (the “Verification Process”). The Verification Process consists of matching identifying information provided by you with the information we have about you in our records.

We will retain correspondence, documents and information related to any Request to Know, Request to Delete, or Request to Opt-Out for 24 months as required by law.

RIGHT TO OPT-OUT OF SALE OR SHARING OF PERSONAL INFORMATION

You have the right to opt-out of the sale or sharing of your Personal Information. As explained in Annex 1 of this Policy, we share your data with third parties such as social networking sites and advertising companies, in order to serve you with ads tailored to your preferences across various platforms. This type of sharing may be considered “selling” or “sharing” under the CPRA. You can control the information shared about you and request an opt-out as explained below. We will process your Request to Opt-Out of sale within 15 days.

Requests to Opt Out Of a Sale or Share of Personal Information

You can make a Request to Opt Out in the following ways:

  • ∙ Enter your request here – Do Not Sell or Share My Info / Limit Use of Sensitive Information form.
  • ∙ You may make a request here: connect@beyondclothing.com.
  • ∙ You may also make a request by phone by contacting us at 206.767.0307.

Opt-out Preference Signals

We honor opt-out preference signals that you enable, including a Global Privacy Control. Opt-out preference signals are plug-ins available in certain browsers that signal to websites you visit of your preferences to opt out of the sale and sharing of certain personal information. If you have enabled an opt-out preference signal device from your browser, we will not sell or share your personal information without first seeking your explicit consent.

This Policy does not apply to, and we are not responsible for, third-party cookies, web beacons, or other tracking technologies, which are covered by such third-parties’ privacy policies. For more information, we encourage you to check the privacy policies of these third-parties to learn about their privacy practices.

Cookies

As explained in our “Automatic Data Collection” section under subsection “Cookies” AUTOMATIC DATA COLLECTION, you can opt out of cookies using your browser.

Please Note:

  • ∙ Opt-outs are device and browser based. You must opt out on each device and each browser where you want your choice to apply.
  • ∙ Opt-outs maybe stored via cookies. If you clear cookies, your opt-out may no longer be valid and you must opt out again where you want your choices to apply.
  • ∙ We may still share your information with our service providers that help us perform functions that are necessary for our business such as vendors that host our website, credit card processors, analytics processors. These entities are contractually obligated to keep this information confidential and not use it for any purpose other than for the services they provide to our business.
  • ∙ You may still receive ads from us that are not tailored to your interests.

ADDITIONAL OPTIONS TO OPT-OUT OF SALE OR SHARING

In addition to the above options to opt out of the sale or sharing of your information under the CCPA as described above, you have controls and choices with respect to collection and use of your information by third parties. These are summarized for you below. We do not control or maintain opt-out mechanisms for third-party companies and are not responsible for their operation.

Advertising Opt-Out

You can opt out of sharing your information with third-party companies engaged in targeted advertising including social networking sites such as Google and Facebook using the following tools: For websites: http://optout.aboutads.info/?c=2&lang=EN. For mobile apps: http://www.aboutads.info/appchoices.

Google Opt-Out

If you would like to opt out of Google Analytics and Ads, you can. If you are on the web, you can opt out of Google Analytics by installing Google’s Opt Out browser add on: https://tools.google.com/dlpage/gaoptout , and you can opt out of interest-based Google ads using https://adssettings.google.com/u/0/authenticated.

Facebook Ad Preferences

To understand more about Facebook advertising and manage your preferences, please visit https://www.facebook.com/about/ads. Login to Facebook and go to Settings > Ads > Ad Settings (web) or Ad Preferences > Ad Settings (app) for more information.

RIGHT TO CORRECT

You have the right to request that we rectify inaccurate information about you.

Requests to Correct

To make a Request to Correct, please submit a verifiable consumer request pursuant to the instructions below. We will acknowledge your Request to Correct within 10 business days and we will attempt to respond substantively within 45-90 days.

You can make a Request to Correct in the following ways:

  • ∙ Enter your request here – form.
  • ∙ You may make a request here: connect@beyondclothing.com.
  • ∙ You may also make a request by phone by contacting us at 206.767.0307.

Once we receive your request to correct, we will need to verify that you are the person that is the subject of the request through the Verification Process.

We will review all information provided by you to us, to determine whether the information is inaccurate. We reserve the right to delete the information instead of correcting if such deletion does not impact you or you consent to the deletion.

We will inform you of our decision to deny or grant your request.

We will retain correspondence, documents and information related to any Request to Correct for 24 months as required by law.

RIGHT TO NON-DISCRIMINATION FOR EXERCISING CONSUMER PRIVACY RIGHTS

You have the right not to receive discriminatory treatment for exercising your privacy rights conferred by the California Consumer Privacy Act, including by exercising the rights specified herein.

RIGHT TO ACCESS INFORMATION ABOUT AUTOMATED DECISION MAKING AND THE RIGHT TO OPT-OUT OF AUTOMATED DECISION MAKING

Under California law, consumers can request access to information about automated decision making processes and may request to opt out of automated decision making. We do not use automated decision making in processing your personal information.

NOTICE OF FINANCIAL INCENTIVE

From time to time, BEYOND may provide financial incentives to consumers who elect to participate in these programs and, in connection with such programs, allow us to collect and retain certain personal information, such as Identifiers (e.g., your name, email address, or phone number) and Commercial Information (e.g., your purchase history). These incentives may result in differences in the prices of our products offered to consumers (e.g., discounts and other promotions). For example, the financial incentives we may provide include discounts based upon purchase activity other periodic discounts for promotional purposes.

The material aspects of any financial incentive will be explained and described in its program terms or in the details of the incentive offer.

Participation in any financial incentive program is entirely optional and participants may withdraw from the program at any time. To opt-out of the program and forgo any ongoing incentives, please contact us using the contact information below.

Each financial incentive or price or service difference related to the collection and use of personal information is based upon our reasonable, good-faith determination of the estimated value of such information to our business, taking into consideration the value of the offer itself and the anticipated revenue generation that may be realized by rewarding brand loyalty and repeat purchases.

RETENTION OF PERSONAL INFORMATION

We will retain your Personal Information for as long as it is necessary for the purposes set out in Annex 1 and to the extent necessary to comply with our legal obligations (for example, if we are required to retain your Personal Information to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

AUTHORIZED AGENT INFORMATION

You may designate an authorized agent to make a request on your behalf under the California Consumer Privacy Act.

Authorized agents can make requests under the California Consumer Privacy Act by emailing us at email address: connect@beyondclothing.com. We will require authorized agents to provide proof of the consumer’s identity and proof of designation as an the authorized agent. We may also require that a consumer verify his or her own identity directly with us before we respond to an authorized agent’s request.

We reserve the right to deny requests in certain circumstances, such as where we have a reasonable belief that the request is fraudulent.

CALIFORNIA DO NOT TRACK NOTICE

Because there are not yet common, industry accepted “do not track” standards and systems, our website does not respond to Do Not Track signals. In addition, we may allow non- parties to collect personal information from your activity on our website, as described in the “Information Collection and Use” section above and as described in Annex 1.

CALIFORNIA SHINE THE LIGHT DISCLOSURE INFORMATION

Although we do not disclose to any non- parties for their marketing purposes any personal information, California residents are entitled to receive the following disclosure information under California law:

Under California Law, California residents have the right to request in writing from businesses with which they have an established business relationship, (1) a list of the categories of personal information, such as name, address, email address, and the type of services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes, and (2) the names and addresses of all such third parties. We will respond to such written requests within 30 days following receipt at the -mail or mailing address specified below under “Contact Us”. If we receive your request at a different email or mailing address, we will respond within a reasonable period of time, but not to exceed 150 days from the date received. Please note that we are required to respond to each customer only once per calendar year.

CHANGES TO THIS PRIVACY POLICY

This Policy may be revised from time to time for any reason. If this Policy changes, the revised policy will include a new effective date, and we will notify you of such changes by posting the revised policy on this page. Be sure to check the Policy whenever you submit personal information to us.

 

CONTACT FOR MORE INFORMATION

For information and questions about the use of your personal information or this California Consumer Privacy Section or your rights under California law, you may contact us by sending an email to connect@beyondclothing.com or by calling 206.767.0307.

PRIVACY NOTICE FOR NEVADA RESIDENTS

Effective Date: October 1, 2019

Last Reviewed: September 26, 2019

 

This Privacy Notice for Nevada Residents supplements the information contained in BEYOND's terms and applies solely to visitors, users, and others who reside in the State of Nevada ("consumers" or "you").

Our Website collects information that identifies, relates to, describes, references, is reasonably capable of being associated with a particular consumer or device ("personal information"). The categories of personal information our Website has collected from its consumers within the last twelve (12) months, including from those in Nevada, include:

  • first and last name;
  • • home or other physical address, including the street name and city or town;
  • • email address;
  • • telephone number;
  • • an identifier that allows a specific person to be contacted either physically or online; and
  • • other information collected from the person through the Internet website or online service of the operator and maintained by the operator in combination with an identifier in a form that makes the information personally identifiable, such as birthdate and geolocation data.
    BEYOND respects your data rights and does not currently sell any of your data. We don't anticipate that changing, but you may opt out of any such future sale of your data by clicking here
    BEYOND’s overall privacy and security terms, apply in equal force to Nevada residents except as explicitly noted above. If we make a material change to our Policy regarding how we use or collect your personal data, we will post a notice to this page or send an email describing the changes.

VIRGINIA CONSUMER DATA PROTECTION ACT NOTICE

This Virginia Consumer Data Protection Act Notice (“Notice”) provides additional information to Virginia residents whose Personal Information is collected by BEYOND pursuant to Virginia laws, including the Virginia Consumer Data Protection Act (“VCDPA”). If you are not a Virginia resident, this Notice does not apply to you. Please see our Privacy PolicyPrivacy Policy (“Policy”) for more information. Any capitalized terms undefined in this Notice have the same definition as the Policy.

VCDPA

RIGHT TO KNOW

You have the right to request that we disclose to you the following information about personal information we collect from you:

  • categories of personal information collected;
  • categories of sources of personal information collected;
  • to confirm if we are processing personal information;
  • the business or commercial purpose for collecting or selling personal information;
  • the categories of third parties with whom we share personal information; and the specific pieces of personal information we have collected about you.

You also have a right to know if we have sold or disclosed your personal information for a business purpose if so, the categories of personal information sold or disclosed and the categories of third parties to whom the personal information was sold or disclosed, along with the business or commercial purpose for which the personal information was sold or disclosed.

Requests to Know

To make a request for any of the information set forth above (a “Request to Know”), please submit a verifiable consumer request pursuant to the instructions below. We will attempt to respond substantively within 45-90 days.

You can make a Request to Know the Personal Information we have about you in the following ways:

  • ∙ Enter your request here form.
  • ∙ You may make a request here: connect@beyondclothing.com.
  • ∙ You may also make a request by phone by contacting us at 206.767.0307.

Once we receive your Request to Know, we will begin the process to verify that you are the person that is the subject of the request (the “Verification Process”). The Verification Process consists of matching identifying information provided by you with the information we have about you in our records. Upon making a request, you should be prepared to provide us with information that will help us to verify your identification. If we cannot verify your identity, we will not be able to respond to your request.

Information Collected

We have collected the categories of Personal Information about Virginia consumers as described in this Notice in Annex 1. To review these categories, click here: Annex 1

RIGHT TO REQUEST DELETION OF PERSONAL INFORMATION

You have the right to request the deletion of your Personal Information provided by or obtained about you (“Request to Delete”), subject to certain exceptions permitted by law.

To make a Request to Delete, please submit a verifiable consumer request pursuant to the instructions below. We will attempt to respond substantively within 45-90 days.

Requests to Delete

You can make a Request to Delete in the following ways:

 

  • ∙ Enter your request here form.
  • ∙ You may make a request here: connect@beyondclothing.com.
  • ∙ You may also make a request by phone by contacting us at 206.767.0307.

Once we receive your request to delete, we will need to verify that you are the person that is the subject of the request (the “Verification Process”). The Verification Process consists of matching identifying information provided by you with the information we have about you in our records. You should be ready to provide us with information that will help us to identify you.

We will retain correspondence, documents and information related to any Request to Know, Request to Delete, or Request to Opt-Out for 24 months.

RIGHT TO OPT-OUT OF SALE OF PERSONAL INFORMATION

You have the right to opt-out of the sale of your Personal Information. VCDPA defines the “sale” of personal data as the exchange of personal data for monetary consideration by a controller to a third party. As explained in Annex 1 of this Policy, we and our third-party partners such as social networking sites and advertising companies, share your data in order to serve you with ads tailored to your preferences across various platforms. This type of sharing is not considered a “sale” under the VCDPA. If our practices change we will make sure to inform you regarding any sales of your information.

Cookies

As explained in our "Cookies and other technology", you can opt out of cookies using your browser.

Please Note:

  • Opt-outs are device and browser based. You must opt out on each device and each browser where you want your choice to apply.
  • Opt-outs maybe stored via cookies. If you clear cookies, your opt-out may no longer be valid and you must opt out again where you want your choices to apply.
  • We may still share your Personal Information with our service providers that help us perform functions that are necessary for our business such as vendors that host our Site, analytics processors, etc. These entities are contractually obligated to keep this information confidential and not use it for any purpose other than for the services they provide to our business.
  • You may still receive ads from us that are not tailored to your interests.

RIGHT TO NON-DISCRIMINATION FOR EXERCISING CONSUMER PRIVACY RIGHTS

You have the right not to receive discriminatory treatment for exercising your privacy rights conferred by the VCDPA, including by exercising the rights specified herein. As the Right to Non-Discrimination is effective across the board, there is no specific “request” that you need to make in order to exercise this right.

RIGHT TO OPT OUT OF DATA PROCESSING FOR TARGETED ADVERTISING

You have the right to opt out of the processing of your personal information with third parties.

Requests to Opt Out

You can make a Request to Opt Out in the following ways:

  • ∙ Enter your request here form.
  • ∙ You may make a request here: connect@beyondclothing.com.
  • ∙ You may also make a request by phone by contacting us at 206.767.0307.

RIGHT TO CORRECT

You have the right to request that we rectify inaccurate information about you.

To make a Request to Correct, please submit a verifiable consumer request pursuant to the instructions below. We will attempt to respond substantively within 45-90 days.

Requests to Correct

You can make a Request to Correct in the following ways:

  • ∙ Enter your request here form.
  • ∙ You may make a request here: connect@beyondclothing.com.
  • ∙ You may also make a request by phone by contacting us at 206.767.0307.

Once we receive your request to correct, we will need to verify that you are the person that is the subject of the request (the “Verification Process”). The Verification Process consists of matching identifying information provided by you with the information we have about you in our records. You should be ready to provide us with information that will help us to identify you.

We will retain correspondence, documents and information related to any Request to Correct for 24 months as required by law.

RIGHT TO DATA PORTABILITY

You can request a copy of your personal information in an easily accessible format and information explaining how that information is used.

To make a request for your personal information, please submit a verifiable consumer request pursuant to the instructions below. We will attempt to respond substantively within 45-90 days.

Requests for Data

You can make a Request in the following ways:

  • ∙ Enter your request here form.
  • ∙ You may make a request here: connect@beyondclothing.com.
  • ∙ You may also make a request by phone by contacting us at 206.767.0307.

Once we receive your request, we will need to verify that you are the person that is the subject of the request (the “Verification Process”). The Verification Process consists of matching identifying information provided by you with the information we have about you in our records. You should be ready to provide us with information that will help us to identify you.

We will retain correspondence, documents and information related to any request for 24 months as required by law.

RIGHT TO ACCESS INFORMATION ABOUT AUTOMATED DECISION MAKING AND THE RIGHT TO OPT-OUT OF AUTOMATED DECISION MAKING

You can request access to information about automated decision making processes and you may request to opt out of automated decision making. We do not engage in automated decision making in processing your personal information.

RETENTION OF PERSONAL INFORMATION

We will retain your Personal Information for as long as it is necessary for the purposes set out in the Privacy Policy and to the extent necessary to comply with our legal obligations (for example, if we are required to retain your Personal Information to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

OTHER VIRGINIA DISCLOSURE INFORMATION

Virginia Do Not Track Notice

Because there are not yet common, industry-accepted “do not track” standards and systems, the Site does not currently respond to Do Not Track signals. In addition, we may allow third parties to collect Personal Information from your activity on our website, as described in the “Information Collection and Use” section above and described in Annex 1.

Annex 1

California & Virginia Notice of Collection, Use, and Disclosure

See our full Privacy Policy here.

See California Privacy Rights here.

Virginia Privacy Rights here.

Category

Examples

Collected From

Purposes

Disclosed to

Sold or Shared

Retention Period

Personal Identifiers

Commercial Information

Name, signature, company name, mailing address, telephone number, email address, financial information including credit card or debit numbers, and location

Products or services purchased, obtained, considered, reviewed or other purchasing or consuming habits.

You when you visit our Site (including your online activities on our Site), purchase a product (through our Site, in person at a retail location, or on the phone), register for an account on our Website, engage with us on social media, communicate with us via phone, email or other contact method or otherwise interact with us including through marketing communications.

We may also collect information from third-party sources, such as our business partners, social media companies like Google and Meta, third-party service providers, opt-in lists, publicly available data, consumer reporting agencies, other companies and referrals.

To provide you with our Site;

To respond to your requests;

To provide products that you have ordered;

To process your order transactions, contact you regarding your order, and deliver products to you;

To allow you to post information and other content online;

To improve our products and Website;

To deliver targeted marketing, service updates, and promotional offers based on your communication preferences;

To follow up with you after you have communicated with us or submitted information to us;

To send promotional communications or offers regarding our products and services (unless you have requested that we not send such communications);


To authenticate your account credentials and identify you, as necessary to log you in and/or ensure the security of your account;

For marketing, research, legal, and other business purposes (including, without limitation, call center recordings);

To address your interests and concerns;

To prevent, detect, mitigate, and investigate fraud, security breaches, potentially prohibited or illegal activities;

To comply with our policies, procedures, and legal obligations, including complying with law enforcement or governmental authority requests, investigating fraudulent activity, resolving disputes, and enforcing our legal agreements and policies; and

as otherwise specified in this Policy and/or at the point of Personal Information collection

Consultants, service providers, and contractors that we use to support our business and operations (e.g., hosting or operating our Site, data collection, reporting, ad response measurement, Site metrics and analytics, data analysis, delivering marketing messages and advertisements, processing credit card payments, and providing fraud detection services) who have agreed to keep the information confidential and use it only to provide the applicable services;

Third-party payment processors, including in connection with transactions where we require credit or debit card account information such as credit or payment card account information (including card number, expiration date, and security code);

Third-party companies we work with who help to gather information from you or help us to communicate with you, including for purposes of data analytics, targeted advertising, or behavior remarketing, as explained further below;

Third parties (including, without limitation, governmental agencies) if required to do so by law, regulation or court order; to respond to governmental and/or law enforcement requests;

An acquirer or successor-in-interest in the event of a reorganization, merger, sale, change of control, consolidation, joint venture, assignment, transfer or other disposition of all or any part of BEYOND or its affiliates including any negotiation thereof; and

Third-party advertisers or sponsors of contests, sweepstakes, discounts, and promotions that you enter into on the Website or social media sites.

Certain personal identifiers including name, email, phone number, zip code, and country, may be collected by third party analytics and service providers, which may constitute “selling” or “sharing” under the CPRA.

Commercial information including products or services purchased, obtained, considered, or reviewed and other consuming habits may be collected by third party service providers, which may constitute “sharing” under the CPRA.

We will retain your Personal Information for as long as it is necessary and to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our legal agreements and policies.

Internet/Network Activity

IP address, your device information, domain name, browser type and operating system, cellular carrier, webpages viewed before and after visiting our Website, time spent on webpages, links clicked, transactions entered into, site-navigation patterns, and location information

Your computer or mobile device, through your online activities and interactions with us, including, without limitation, your use of our services, your online activity on our Website, and on our social media channels or through our third-party sources.

We may also collect information from third-party sources, such as our business partners, social media companies like Google and Meta, third-party service providers, publicly available data, consumer reporting agencies, other companies and referrals.

To analyze and track usage of our services and products including our Site and social media accounts;

To determine the popularity of our products, Site, and services;

To better understand how you use our Site and services;

To develop new products and service offerings;

To enhance, modify, or improve our business, Site, services and products;

To provide you with a customized user experience;

To send promotional communications or offers including invitations to events, taking surveys, and participating in promotions (unless you have requested that we not send such communications);

For other marketing, research, legal, and other business purposes; and

To comply with our policies, procedures, and legal obligations, including complying with law enforcement or governmental authority requests, investigating fraudulent activity, resolving disputes, and enforcing our legal agreements and policies.

Service providers, and contractors that we use to support our business and operations (e.g., vendors hosting or operating our Site, data-storage vendors, customer service centers, entities that deliver communications, including marketing and promotion communications or services, on our behalf, and fraud detection service providers);

Third-party companies that provide us with data analytics, data research, analyzing website

metrics, targeted advertising, marketing, and behavioral remarketing including social media companies such as Google and Meta; and

Third parties (including, without limitation, governmental agencies) if required to do so by law, regulation or court order; to respond to governmental and/or law enforcement requests; and

An acquirer or successor-in-interest in the event of a reorganization, merger, sale, change of control, consolidation, joint venture, assignment, transfer or other disposition of all or any part of BEYOND, Inc. or its affiliates including any negotiation thereof.

Internet/Network activity including IP address, device information, domain name, browser type, operating system, cellular carrier, and browsing information may be collected by third party service providers, which may constitute “sharing” under the CPRA.

We will retain your Personal Information for as long as it is necessary and to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our legal agreements and policies.

Business to Business Information

Name, signature, company name, mailing address, telephone number, and email address.

When you purchase products, register for an account, engage with us on social media, communicate with us via phone, email or other contact method, interact with us for a business purpose, or when we engage you for your goods or services.

We may also collect information from third-party sources, such as our business partners, social media companies like Google and Meta, third-party service providers, opt-in lists, publicly available data, consumer reporting agencies, other companies and referrals.

For the business purpose of selling you our products or purchasing your goods or services.

Consultants, service providers, and contractors that we use to support our business and operations (e.g., hosting or operating our Site, data collection, reporting, ad response measurement, Site metrics and analytics, data analysis, delivering marketing messages and advertisements, processing credit card payments, and providing fraud detection services) who have agreed to keep the information confidential and use it only to provide the applicable services;

Third-party payment processors, including in connection with transactions where we require credit or debit card account information such as credit or payment card account information (including card number, expiration date, and security code);

Third parties (including, without limitation, governmental agencies) if required to do so by law, regulation or court order; to respond to governmental and/or law enforcement requests;

An acquirer or successor-in-interest in the event of a reorganization, merger, sale, change of control, consolidation, joint venture, assignment, transfer or other disposition of all or any part of BEYOND or its affiliates including any negotiation thereof; and

Business to Business information including name, company name, mailing address, phone number, and email address may be collected by third party service providers, which may constitute “sharing” under the CPRA.

We will retain your Personal Information for as long as it is necessary and to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our legal agreements and policies.