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European Privacy Notice

DONNA KARAN EUROPEAN PRIVACY NOTICE

LAST UPDATED: February 5, 2024

This Privacy Notice explains how AM Retail Group, Inc. (collectively, “AMRG”, “we” or “us”) process personal data that is provided to us by users in the European Union and the United Kingdom in connection with their use of www.donnakaran.com and any other website, social media or other related services owned or operated by AMRG or its affiliates where this Notice appears (collectively, the “Sites”).

By visiting and using our Sites, you agree to our collection, processing, and transfer of your information as described in this Privacy Notice. This Notice details and explains:

·       Who collects, and is responsible for, your data;

·       What personal data we collect, process and use, as well as the legal bases for such collection processing and usage;

·       The level of security that we provide to protect your data; and

·       Your rights and how to exercise them.

1. WHO IS RESPONSIBLE FOR YOUR DATA

AMRG is the data controller for any personal data, as that term is defined under the General Data Protection Regulation (“GDPR”), provided to or gathered by the Sites. You can contact the data controller at:

AM Retail Group, Inc.
Attn: Consumer Privacy
512 Seventh Avenue, 31st Floor
New York, NY 10018
201-804-3854
service@donnakaran.com

AMRG a subsidiary of G-III Apparel Group, Ltd. (“G-III”), is part of the G-III corporate family. We refer to G-III and its affiliates within this Privacy Notice as the “G-III Family.” More information on the G-III Family is located at www.g-iii.com.

2. DATA WE COLLECT

When you use our Sites, we may collect and process different types of information from you based on the form of your interaction with us. This may include information you provide directly to us, information that we collect automatically, and information from other sources.

2.1. INFORMATION YOU PROVIDE TO US.

Information you provide directly to us may include the following:

When you place an order with us, we collect your first name and last name, e-mail address, billing address, shipping address, phone number and credit card information. We also collect information you send to us through communications, including any information you choose to provide in such communications. This is information that is necessary for the adequate performance of the contract between you and us and to allow us to comply with our legal obligations.

If you choose to sign up for email marketing on our Sites, we may collect information such as your first name and last name, email address, address, birthdate and country of origin. We also collect any information you submit or post to our Sites. This information is collected and processed based on your consent. You have the right to withdraw your consent at any time by reaching out to us as described below. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

2.2. INFORMATION WE COLLECT AUTOMATICALLY.

When you use our Sites, we automatically collect certain information about your use of the Sites due to our legitimate interest of providing and improving our products and services, for the adequate performance of the contract between you and us and to allow us to comply with our legal obligations.

The information we may collect automatically includes your geolocation information (through your Internet Protocol (IP) address or mobile device’s GPS), Internet service provider, operating system, type of web browser, mobile or other device identification number, pages you view, and the duration of time spent on the Sites. In order to collect the information referenced in this Section, we use tracking tools like browser cookies and web beacons. To learn more about how we use such tools, and to review our Ad and Cookie Policy.

2.3. INFORMATION WE COLLECT FROM OTHER SOURCES

We may collect information from third parties or other sources and combine that with information we collect through the Sites. For instance, when you place an order on our Sites to be shipped internationally, we utilize one or more third party order processors to collect and process any information necessary to complete your order. Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure. This information is collected for the adequate performance of the contract between you and us.

3. HOW WE USE YOUR DATA

3.1. TO PROVIDE YOU WITH OUR PRODUCTS AND SERVICES.

We use your information to provide you with our services and products, including our Sites. This information is processed based on our legitimate interest to improve our services and, where necessary, for the adequate performance of the contract between us and you. For example, we may use your information for the following purposes:

·       To process your orders and returns;

·       To notify you of the delivery status of your order;

·       To contact you in the event of any problems with the delivery of your order;

·       To answer your questions or respond to your feedback;

·       To inform you of changes to this Notice or our Terms of Use;

·       To prevent misuse of our services;

·       To create and manage your account with AMRG;

·       To improve our website, services, and products.

3.2. WITH YOUR CONSENT.

We will not use your information for marketing purposes without your consent. If you have provided consent, we may use your information for the following purposes:

·       To send marketing offers such as email communications and catalogues;

·       To serve you marketing offers in digital advertisements on other websites;

·       To make analyses in order to provide you with relevant marketing offers and information;

·       To send you surveys in order to give you a possibility to influence our offers, products and services;

·       To notify the winners in competitions arranged online

4. HOW LONG WE RETAIN YOUR DATA

We will keep your data for only as long as necessary to fulfill the purposes as set out above in this Notice or as long as we are required by law. If you no longer want us to use your information to provide our products and services to you, you can request that we erase your personal information and close your account. For further information on your rights and how to exercise them, please refer to Section 7 below.

5. HOW WE SHARE YOUR DATA

5.1. TRANSFERS OUTSIDE THE EU.

If we transfer personal information to countries outside of the European Union and the United Kingdom in the course of sharing information as set out below, we will ensure that we transfer the information to parties that provide adequate safeguards for your personal data. This may include parties that have adopted specific contracts approved by the European Commission or the UK Secretary of State to have an adequate level of data protection. We share your personal data only with third parties that follow practices at least as protective as those described in this Notice. You may request copies of documentation related to this Section by contacting us.

5.2. TRANSFERS WITHIN THE G-III FAMILY.

We may transfer certain information to other members of the G-III Family for our business purposes, including for order fulfillment, to provide customer service, to respond to customer queries and to comply with our legal obligations.

5.3. TRANSFERS TO THIRD PARTY SERVICE PROVIDERS.

 We engage other companies and individuals to perform functions on our behalf. These third parties may provide the following types of services: transporting goods, maintaining IT systems, processing credit card payments, communicating order status, tracking shipments, resolving customer service issues, and maintaining a customer database and transaction history. Personal information that we gather and transfer to a third party will be primarily stored within the European Union, the United Kingdom, the United States or Canada.

5.4. COMPLIANCE WITH LAW.

We may disclose your information, including personal data to courts, law enforcement or governmental authorities, if and to the extent we are required or permitted to do so by law or if such disclosure is reasonably necessary to: (i) comply with our legal obligations; (ii) comply with legal process and respond to claims asserted against us; (iii) respond to verified requests relating to a criminal investigation or suspected legal activity; or (iv) enforce and administer our Terms of Use or other agreements with our users.

5.5. BUSINESS TRANSFERS.

If we undertake or become involved in a merger, acquisition, reorganization, sale of assets, bankruptcy or insolvency event, we may sell, transfer or share some or all of our assets, including your information, in connection with such transaction. In this event, we will notify you before your personal information is transferred and becomes subject to a different privacy policy.

6. LINKS TO OTHER WEBSITES

We may link to other sites or apps or have third party services on our platforms we don’t control. If you click on a third party link, you will be taken to a platform we do not control. This Notice does not apply to the privacy practices of that website or platform. We are not responsible for these third parties.

7. YOUR RIGHTS

You have certain rights regarding the personal data we collect about you. You can exercise any of the rights set out below by emailing us at privacy@donnakaran.com or any of the other methods set forth in Section 12 below.

  • Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

·       Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully, or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

·       You have the right to object to our processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

·       You have the right to restrict our processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish your information’s accuracy; (b) where our use of the personal data is unlawful but you do not want us to erase it; (c) where you need us to hold the personal data even if we no longer require it as you need it to establish, exercise, or defend legal claims; or (d) you have objected to our use of your personal data but we need to verify whether we have overriding legitimate grounds to use it.

·       You have the right to request that we port your personal data to a third party in a machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

·       If you believe that we have violated any of your rights under the European Union General Data Protection Regulation, please contact us using the instructions listed in Section 12 below. You have the right to contact the responsible data protection authority in your jurisdiction.

·       You can opt out of receiving our marketing emails. To stop receiving our promotional emails, follow the instructions in any promotional message you get from us or log in to your account and change your settings. If you object to our use of your information for direct marketing purposes, you can also email us at service@dkny.com.

Before we are able to provide, delete, or change any of your information or otherwise respond to your request to exercise your rights, we may ask that you verify your identity. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also ask for more details to help us respond to your request.

You may correct or update your information at any time by logging in to “My Account” on www.donnakaran.com. If you would like to ask that we correct, delete, or provide you with a copy of your information, you may also call customer service at 888-424-6272 or email us at service@donnakaran.com.

8. HOW WE SECURE YOUR DATA

We take appropriate administrative, physical and technical measures to protect your data from loss, manipulation and unauthorized access. Although we are committed to maintaining accurate information and we use reasonable efforts to safeguard information, transmission via the Internet is not completely secure and we cannot guarantee the security of your information collected through the Site. If you know or have reason to believe that your data has been lost, stolen, misappropriated or otherwise compromised, please contact us using the instructions listed in Section 12 below.

9. USE OF THE SITES BY CHILDREN

Our Sites are intended for adults over the age of 18. We do not knowingly collect personally identifiable information from children under 16 without permission from a parent or guardian. If you are a parent or legal guardian and think your child under 16 has given us information, you can email us. You can also write to us at the address listed at the end of this Notice.

With respect to online purchases, we consider the use of a credit or debit card to imply that the user is over 16 years of age or that he or she has the consent of his or her parent or legal guardian to use the credit or debit card.

10. CHANGES TO THIS PRIVACY NOTICE

From time to time, we may change our policies related to your privacy. We will notify you of any material changes to our Notice as required by law. We will also post an updated version on our website.

11. NON-EU DATA SUBJECTS

If you are not an EU or UK data subject, please refer to our separate Privacy Policy.

12. CONTACT US

If you have any questions about this Notice or wish to exercise your data privacy rights you may email us at service@donnakaran.com or call us at 888-424-6272. You can also mail us at 512 Seventh Avenue, New York, NY 10018 or send a request through the “Contact Us” feature on our Sites. To contact our Data Protection Officer, please write to dpo@g-iii.com.