Privacy Policy

DISCLAIMER: Please read this Privacy Policy carefully before using the Platform (as hereinafter defined), as it explains how we (as hereinafter defined) collect, use, disclose and transfer the personal information that you provide to us on our Platforms, including, without limitation, when you interact with us over our social media Platforms. It also explains how we collect information through the use of cookies and related technologies when you use our Platforms. By using the Platform, you signify your assent and agreement to this Privacy Policy. If you do not agree to this Privacy Policy, then you are not authorized to continue use of the Platform.

About Hart Schaffner Marx and This Privacy Policy

ABG HMX, LLC (“Company”), a subsidiary of Authentic Brands Group, LLC (“ABG”), is a Delaware limited liability company. The Company websites, mobile applications and other digital platforms (collectively, the “Platform(s)”) are owned and edited by Company. In this Privacy Policy, we use the term Company (and "we", "us" and "our") to refer to the head office of Company at its registered address and its affiliates, and we use the term “you” and “your” to refer to any individual or person that accesses the Platforms.

Updates to This Privacy Policy

We may make changes to this Privacy Policy from time to time, so please check back regularly to keep informed of any such updates. The latest version of this Privacy Policy will always be available on the Platform. Any new version of this Privacy Policy shall take effect and will govern the use of the Platform and your relationship with us immediately upon the date of posting. By using the Platform, you agree to be bound by this Privacy Policy, including, without limitation, all updates and amendments thereto.

Our Terms of Use

Your use of, and interaction with, the Platforms, such as contact you provide and the ways in which we may use that content, is governed by the terms of our Terms of Use. 

Information You Provide to Us and How We Use It

We collect the information from you as detailed below:

  • To access certain areas of our Platform, you will need to register with us. During the registration process you will be asked to submit personal information about yourself (including, without limitation, your name and address, date of birth, e-mail address and telephone number). By entering your details in the fields requested, you are granted access certain areas of our Platform and/or you enable Company to provide you with the services you may select.

  • We will collect personal information from you when you correspond with us (for example, without limitation, if you contact us with a query about one of our products or services), when you provide your details when you visit a Company store or contact us by any means. Please note that phone calls, if applicable, will on occasion be recorded for security, training and development purposes.

  • If you choose to interact with Company via a social media Platform or other third party service, we will collect the information you have provided to us through that Platform.

We also collect certain information automatically about visitors to our Platform, described in the section headed Cookies and Other Information That We Automatically Collect, below.

We will collect information about your location to the extent that we provide any location services, described in the section headed Location Services below. 

We may use, and we may permit our authorized partners and licensees (“Authorized Partner(s)”) to use the information we collect from you to:

  • Manage accounts and records; Assist with your inquiries and requests; Send service related communications, including, without limitation, announcements and administrative messages; Identify products and services we or our Authorized Partners think you might be interested in based on your information, such as your purchase history and your previous interactions with us; Send you marketing communications (including, without limitation, e-mails and social media audience matching) relating to us, our affiliates, our Authorized Partners and other third party partners and that we think may be of interest to you where we have a legitimate basis to do so and in accordance with your communication preferences (please see the Your Choices section below for further information about how you can control these updates); Conduct market research so that we and our Authorized Partners can continuously improve the services we provide to our customers; Undertake credit checking, prevention of fraud and other prohibited or illegal activities as part of our efforts to keep our Platform and services secure; and Understand how our Platform is used so that we can continuously improve our Platform and services and other offerings. 

Cookies and Other Information That We Automatically Collect

Like most platforms, Company logs Internet Protocol (“IP”) addresses and uses cookies and similar technologies that allow us to recognize you and to customize your experience, and provide us with information about the way our visitors access our Platform. You can find out more about how we use cookies and related technologies below. 

What is a cookie?

Cookies are text files, containing small amounts of information, which are downloaded to your computer or mobile device when you visit a website or mobile application. They are used to recognize your computer as you move between pages on a website, or when you return to a website or mobile application you have visited previously. Cookies are widely used in order to make platforms work, or to work more efficiently, as well as to provide information to the owners of the platform. 

We use cookies to enhance the online experience of our visitors (for example, without limitation, by remembering your language and/or product preferences) and to better understand how our Platform is used. Cookies will tell us, for example, without limitation, whether you have visited our Platform before or whether you are a new visitor. They can also help to ensure that adverts you see online are more relevant to you and your interests.

There are two broad categories of cookies:

  • First party cookies, which are served directly by Company to your computer or mobile device. They are used only by Company to recognize your computer or mobile device when it revisits our Platform. 

  • Third party cookies, which are served by a third party service provider on our Platform, and can be used by the service provider to recognize your computer or mobile device when it visits other platforms. Third party cookies are most commonly used for platform analytics or advertising purposes.

Cookies can remain on your computer or mobile device for different periods of time. Company uses both 'session cookies' and ‘permanent cookies’. Session cookies exist only while your browser is open and are deleted automatically once you close your browser. Permanent cookies survive after your browser is closed, and can be used to recognize your computer or mobile device when you open your browser and browse the internet again. 

What Cookies Does Company Use?

The Platform may serve the following types of cookies to your computer or mobile device: Type of Cookie, Purpose.

Cookies Necessary for Essential Purposes

These cookies are essential to provide you with services available through this Platform and to use some of its features, such as access to secure areas. Without these cookies, services you have asked for, like transactional pages and secure login accounts, would not be possible.

Functionality Cookies

These cookies serve a variety of purposes related to the presentation, performance and functionality of this Platform. Their overall purpose, however, is to enhance visitors’ experience and enjoyment of this Platform. For example, without limitation, some of these cookies enable visitors to specify language, product or other platform preferences. 

Analytical Cookies

These cookies are used to collect information about how visitors use our Platform. The information gathered does not identify any individual visitor and is aggregated. It includes the number of visitors to our Platform, the platforms that referred them to our Platform and the pages that they visited on our Platform. We use this information to help run our Platform more efficiently, to gather broad demographic information and to monitor the level of activity on our Platform.

Advertising Cookies

When you visit our Platform, or click on advertisements or promotional areas on the Platform (if available), these cookies are used to deliver adverts more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help to evaluate the effectiveness of advertising and promotion. They are usually placed by advertising networks with our permission. They remember that you have visited a platform and this information is shared with other organizations such as advertisers. 

Social Cookies 

These cookies enable users to share pages and content through third party social media and other platforms. The companies that serve these cookies may also use your information to serve targeted advertising on other platforms.

How to Control or Delete Cookies

We use non-essential cookies on the basis of your consent. You have the right withdraw that consent and refuse the use of cookies at any time and we have explained how you can exercise this right below. However, please note that if you choose to refuse cookies you may not be able to use the full functionality of our Platform. 

You can set your cookie preferences by changing your browser settings so that cookies from this Platform cannot be placed on your computer or mobile device. In order to do this, follow the instructions provided by your browser.

IP Addresses

We will collect information about your computer or mobile device, including where available your IP address, operating system, log-in times and browser type. We use this information to better understand how visitors use our Platform and for internal reporting purposes. We will anonymize and share this information with our affiliates, advertisers, sponsors or other businesses.

About Advertising

The Platforms use third parties such as network advertisers and advertisement exchanges to serve you advertisements on third party platforms after you leave our Platforms, and we use third party analytics and other service providers to evaluate and provide us and/or third parties with information about the use of the Platforms and viewing of advertisements and of our content. Network advertisers are third parties that display advertisements, which are based on your visits to the Platforms and other apps and sites you have visited. Third party advertisement serving enables us to target advertisements to you for products and services that you might be interested in. 

Third party tracking technologies are not controlled by us, even if they are associated with our Platforms or our advertisements. Statements regarding our practices do not apply to the methods for collecting information used by these third parties and others or the use of the information that such third parties collect. The relevant third party’s terms of service, privacy policy, permissions, notices and choices should be reviewed regarding their collection, storage and sharing practices. We make no representations regarding the policies or practices of third party advertisers or advertising networks or exchanges or related third parties. 

You have choices in respect of the delivery of advertisements. You can opt-out of receiving certain types of behavioral advertisements by visiting the third party websites described in the section headed How to Control or Delete Cookies above. We are not responsible for effectiveness of or compliance with any third parties’ opt-out options.

Location Services

Some of the services that we provide are able to use information about your location. For these services, which are typically available on mobile devices or applications, you are provided with the opportunity to provide your consent to the use of location services, which, for example, without limitation, process information deriving from GPS, sensors, beacons or Wi-Fi access points in order to allow you to benefit from a more personalized service. Your device will have settings that allow you to turn off these services should you no longer wish to benefit from them.

Sharing Your Information

We do not share personal information about you with other people or non-affiliated companies except under the following circumstances:

  • We will disclose your personal information to third party providers for the purposes of providing online and other payment services, handling credit checks and fraud prevention, obtaining analytics based on your information, and any other services required in order for us to use your information for the purposes specified in the section entitled Information You Provide to Us and How We Use It;

  • We will disclose your personal information to any law enforcement agency, court, regulator, government authority or other third party where we believe this is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights or the rights of any third party;  and

  • We will disclose your personal information to any third party that purchases, or to which we transfer, all or substantially all of our assets and business. Should such a sale or transfer occur, we will use reasonable efforts to try to ensure that the entity to which we transfer your personal information uses it in a manner that is consistent with this Privacy Policy.

International Transfers

Information we collect may be transferred to, stored and processed in any country or territory where one or more of our affiliated group companies or third party service providers are located or maintain facilities. Some of these third parties will use cloud-based storage solutions. While other territories may not have the same standards of data protection as those within your home country, we will continue to use commercially reasonable efforts to protect the personal information we transfer in accordance with this Privacy Policy.

Protecting Your Information

We want you to feel confident about using our Platform, and we are committed to protecting the personal information we collect, but you acknowledge that no method of safeguarding is one hundred percent (100%) secure. We limit access to personal information about you to individuals who reasonably need access to it, to provide products or services to you or in order to do their jobs. However, where we ask you to choose a password in order to access certain parts of our Platform, you are responsible for selecting a secure password and keeping that password confidential. You should choose a password which you do not use on any other site, and you should not share it with anyone else. If you choose to access our Platform and provide us with any personal information, then this is at your own risk.

Your Choices

You have the right to ask for access to any personal information that we hold about you in our records, to correct any inaccuracies and to update any out-of-date information. In some circumstances, you have the right to request the erasure of your personal information or a restriction of its use.

You have the right to object to us processing your personal information in some cases. In particular, you can ask us to stop sending you direct marketing communications at any time (however please note that we may continue to send you service-related (i.e., non-marketing) communications, such as, without limitation, e-mail updates on your order status). If you wish to exercise any of these rights, please write to us at the address listed below. 

You may unsubscribe from e-mail marketing communications at any time by e-mailing the address below in the section headed Contact Usor clicking on the ‘unsubscribe’ link in any Company marketing e-mails.

California Privacy Rights

Under California Civil Code Section 1798.83, if you are a California resident and your business relationship with us is primarily for personal, family or household purposes, you may request certain data regarding our disclosure, if any, of personal information to third parties for the third parties’ direct marketing purposes. To make such a request, please send an e-mail message to our e-mail address below with “Request for California Privacy Information” in the subject line. You may make such a request up to once per calendar year.  If applicable, we will provide you, by e-mail, a list of the categories of personal information disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, along with the third parties’ names and addresses. Please note that not all personal information sharing is covered by Section 1798.83’s requirements.

Children

The Platform is not directed at anyone who we know to be under the age of thirteen (13) years, nor do we collect any personal information from anyone who we know to be under the age of thirteen (13) years. If you are under the age of thirteen (13) years, you should not use the Platform and should not submit any personal information to us.

Contact Us

If you have any questions or comments about this Privacy Policy, or privacy matters generally, please contact us at the address provided below. You can also use this address if you wish to request access to the personal information we hold about you, or to unsubscribe from any further e-mail marketing communications.

Authentic Brands Group, 1411 Broadway, Floor 21, New York, NY 10018

info@authentic.com 

© 2022, ABG HMX, LLC. All Rights Reserved.

Last updated: February 2023