Ben Hogan
Ben Hogan

PRIVACY POLICY

This is the Privacy Policy ("policy") for the website hosted at benhogan.com ("site"). The site is ultimately operated by or on behalf of a wholly owned subsidiary and division of Perry Ellis International, Inc. ("we", "our" or "us"). We are committed to protecting and respecting your privacy. This policy should be read in conjunction with our Cookies Policy available at benhogan.com/CookiePolicy.asp.

Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

By engaging with our site you acknowledge you have read and understood this policy.

For the purposes of European Economic Area data protection law, (the "Data Protection Law"), the data controller is: Perry Ellis International, Inc. (PrivacyConcerns@pery.com).

 

WHAT INFORMATION DO WE COLLECT?

We will collect and process the following personal data from you:

 

HOW DO WE USE THIS INFORMATION?

We use information held about you in the following ways:

 

HOW DO YOU UNSUBSCRIBE FROM PROMOTIONAL UPDATES AND COMMUNICATIONS?

Where permitted in our legitimate interest or with your prior consent where required by law, we will use your personal information for marketing analysis and to provide you with promotional update communications by email about our products/services.

You can object to marketing at any time by checking and updating your contact details within your account, or selecting the "unsubscribe" link at the end of all our marketing and promotional update communications to you, or by sending us an email to PrivacyConcerns@pery.com.

We honor every request to unsubscribe from receipt of promotional emails within ten (10) days of receiving the request. As such, in compliance with the applicable legal obligations, we may provide to our advertising partners the email address of anyone who has submitted to us an unsubscribe request, provided such company agrees not to disclose or use such email address for any other purpose than honoring your request to not receive our promotional emails.

 

WHERE DO WE STORE YOUR INFORMATION?

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA") that may not be subject to equivalent Data Protection Law.

Where your information is transferred outside the EEA, we will take all steps reasonably necessary to ensure that your data is subject to appropriate safeguards, such as relying on a recognised legal adequacy mechanism, and that it is treated securely and in accordance with this privacy policy.

We may transfer your personal data outside the EEA:

 

HOW DO WE PROTECT YOUR INFORMATION?

All information you provide to us is stored on our secure servers. All information input by you and transmitted to our site when you place an order or provide information is protected by password and by an encryption using Transport Layer Security ("TLS"). TLS encrypts your order and information before it is transmitted to us to avoid the decoding of your information by anyone other than us.

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site. Any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Our site may, from time to time, contain links to external sites. We are not responsible for the privacy policies or the content of such sites.

 

DO WE DISCLOSE YOUR PERSONAL INFORMATION TO OTHERS?

We may give your information to:

Our selected third parties may include:

We will disclose your personal information to third parties:

 

HOW DO WE PROTECT A CHILD'S PRIVACY?

Protecting the safety of children when they use the Internet is important to us.

The site is intended for use only by persons who are at least 16 years of age or any applicable statutory age of majority (whichever is higher).

By using the site, you confirm to us that you meet this requirement. If you are under the age of 16 or any applicable statutory age of majority (whichever is higher), you confirm you have received permission from your parent or guardian before using this site or sending us personal information.

In keeping with the Children's Online Privacy Protection Act, we will never knowingly request personal information from any person under the age of 13, without first seeking prior verifiable parental consent. If you are under the age of 13 your parent or guardian must consent on your behalf where we ask for consent in relation to the use of your information. If we become aware that a user of our website is under the age of 13 and has provided an online registration without prior verifiable parental consent, we will remove that child's information from our files.

 

DO WE USE "COOKIES"?

The description of how we use cookies and other similar technologies on our website is set out in our Cookies Policy available at benhogan.com/CookiePolicy.asp. This policy should be read in conjunction with our Cookies Policy.

 

DO WE ALLOW USER GENERATED CONTENT?

We may, from time to time, make chat rooms, message boards, news groups, social media, and/or other public forums available to its users. Any information that is disclosed in these areas becomes public information and you should exercise caution when using these and avoid posting any personal information.

 

HOW LONG DO WE KEEP YOUR INFORMATION?

We retain personal data for as long as you have an account with us in order to meet our contractual obligations to you and for seven years after that to identify any issues and resolve any legal proceedings OR insert time period for which personal information is stored or, where that is not possible, the criteria used to determine the period. We may also retain aggregate information beyond this time for research purposes and to help us develop and improve our services. You cannot be identified from aggregate information retained or used for these purposes.

 

WHAT ARE YOUR RIGHTS?

 

CAN WE CHANGE THIS PRIVACY POLICY?

Any changes we make to our privacy policy in future will be posted on this page and, in relation to substantive changes, will be notified to you by e-mail. This policy was last updated on May 22, 2018.

 

DO WE HAVE LINKS TO OTHER WEB SITES?

There may be links on our website to the web sites of others. When you click onto one of these links, you are leaving the our website and accessing another party's website. These other web sites are not under our control and may collect Personal Information from you. Our privacy policy does not address the information, privacy and security practices or policies of any other website. For more information, please read our Ben Hogan General Terms and Conditions.

Please send any concerns regarding our privacy policy to PrivacyConcerns@pery.com.

 

YOUR CALIFORNIA PRIVACY RIGHTS

We collect various types of personal information about you both online and offline during the course of our customer relationship. Under California law, if you are a resident of California, you may make a written request to us about how we have shared your information with third parties for their direct marketing purposes. In response to your written request, we are allowed to provide you with a notice describing the cost-free means to opt-out of our sharing your information with third parties with whom we do not share the same brand name, if the third party will use it for their direct marketing purposes.

If you would like to exercise your rights under California law, please send your written request to the email address or postal address below. Your written request must include your postal address so that we may provide you with our notice and third party direct marketing opt-out form. We will provide you with this form within thirty (30) days of receiving your written request.

 

CONTACT US

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to:

Corporate Counsel, Transactions & Privacy
3000 NW 107th Avenue
Miami, Florida, 33172
U.S.A.
PrivacyConcerns@pery.com

 

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