Privacy Policy/Your Privacy Rights

This Privacy Policy applies to information that each of Intermarket Apparel LLC dba ULTRA PINK and its parent, subsidiary and affiliate entities worldwide (individually referred to herein as the “Ultra Pink”, “we,” “us” or “our”) collects about you in connection with the following services (individually and collectively, “Service” or “Services”):

(i) on our website or otherwise offline;

(ii) on or through ultrapink.com (or any subdomain thereof), or other services from which you are accessing this version of the Privacy Policy (each referred to herein as a “Site,” and collectively, the “Sites”).

This Privacy Policy describes what information we collect, how we use it and to whom and under what circumstances we may disclose it. The personal information we collect is stored and/or controlled by Intermarket Apparel LLC, dba ULTRA PINK at 1410 Broadway, New York, New York, 10018, USA and/or the relevant local corporate affiliate(s).

We may share your personal information with third parties for their direct marketing purposes, as further described in our Information Disclosure and Your Choices/Your Privacy Rights sections below. If you wish to opt out of such sharing, please contact customerservice@ultrapink.com and include your name, email address and postal address in your request.

Table of Contents (click on one of the links below to jump ahead to that section):

• Information Collection

Information Collection

Information You Provide to Us

We (or our service providers) collect information from you when you: (1) purchase products from us, whether on a Site, through a catalog or in one of our stores; (2) create an account with us, or otherwise sign up for a service or feature; (3) complete a survey, or submit a product rating or review; (4) participate in a sweepstakes, contest or other promotion; (5) communicate with us via third-party social media sites; (6) apply for a job with us; or (7) contact us, or otherwise communicate with us or provide information to us.

The “personal information” we collect may include, for example, your name, postal address, zip or postal code, email address, telephone number, date of birth, payment information, demographic information, details on items purchased, personal preferences, shopping and styling preferences, location information (if your device and app settings allow us to collect it), and other information you choose to provide to us.

In some cases, you may provide personal information to us about another person, such as when you share Site content or send a message to a friend through a Site or otherwise, or when you decide to ship products you purchase to someone else. In such cases, you represent that you have the authorization of such person to provide us with such information.

We may combine the information we collect online from or about you with the information we collect offline from or about you. We may also combine your (and others’) information that we’ve collected from you (or others) with information we may receive from other sources, such as third-party social media platforms (e.g., when you choose to log in to our Site through a third-party social media platform, subject to your actions and settings thereon), address update services or co-promotion partners. By accessing or using our Services, you signify your consent to the above collection of your personal information.

When you are a creating an account for the first time on a Site with an email address that you have previously provided to us in another circumstance (e.g., when signing up for our emails, or by entering one of our sweepstakes or other promotions), we may recognize that email address and, once you have completed the account set-up process, you may be able to see your contact information already included in your new online account. This is happening because we have recognized your email address and, for your convenience, have added your information to your account. You can always change this information by signing into your account.

Site Usage Information & Other Information Collected Automatically

As part of the standard operation of the Sites, certain information is collected automatically or passively from or about you or your device in connection with your visit to the Site. Our servers may automatically gather some of the “Site usage information” described below, or we (or our service providers) may use cookies and other tracking technologies to collect and track such information (see our Cookies and Other Tracking Technologies section below for more details).

“Site usage information” includes, but is not limited to: (i) your browser type, device type, carrier (if applicable), device address, operating system, operating system address, IP address and the domain name from which you accessed a Site; (ii) information about your region, continent, country, city, zip code, time zone, and general location; and (iii) information about your browsing activities on and through a Site (also known as “click stream” data), such as (a) the date and time you visit one of the Sites, (b) the areas or pages of a Site that you visit, (c) the amount of time you spend viewing a Site or specific areas of a Site, (d) the number of times you return to a Site or a specific area of a Site, (e) the web sites or pages you visited prior to visiting a Site, (f) the websites or pages you visit after you leave a Site; (g) searches you have performed on the Site and on other websites that led you to our Site; (h) social plug-ins with which you have interacted on our Site; and (j) other similar Site usage data.

We consider this Site usage information, on its own, to be non-personal in nature, unless required otherwise by applicable law. However, we may combine Site usage information about you with personal information about you, and we would consider the combined information to be “personally identifiable” or “personal information” for the purposes of this Privacy Policy.

Browser Do-Not-Track Signals

Some web browsers and devices permit you to broadcast a preference that you not be “tracked” online. At this time we do not modify your experience based on whether such a signal is broadcast. To learn more about browser tracking signals and “Do Not Track,” please visit http://allaboutdnt.org. Please note, however, that you can opt out of our (and our service providers’) use of your information for behavioral targeting of our advertisements by following the directions in the Advertising on the Site and other Websites section below.

Cookies and Other Tracking Technologies

Cookies. A “cookie” is a small data file that is sent to your web browser and placed on your computer or device when you access a website. The cookies are then able to track your activities on the Sites and across websites. Cookies also allow us (and our service providers) to: track your activities on the Sites; track clicks, purchases and conversion; recognize your computer or device so that you are able to save your preferences and stay logged in to the Site without having to re-enter your Account credentials; deliver customized content, messages and advertising to you; preserve the contents of your shopping cart; optimize and measure the effectiveness of our advertising and emails; provide and enhance Site security and fraud detection; otherwise enhance, monitor and analyze Site usage; conduct research to improve our content, merchandise and services; and personalize your experience on the Sites.

Most web browsers enable you to decline or block cookies (check the “Help” or “Settings” menus of your browser to learn more). While you are free to decline cookies, doing so may prevent you from taking full advantage of all features of our Site(s). Refusing cookies may also negatively impact the display or functionality of certain areas of a Site.

By continuing to use this Site, you consent to our use of cookies as described in this Privacy Policy, as well as our Cookie Policy (which is incorporated herein).

Web Beacons and Tags.We also use web beacons (also known as “clear GIFs” or “pixel tags”), which are typically one-pixel images that are embedded on a page of a Site or in our communications, such as an email message. These technologies help us to verify when a certain page of a Site is viewed, when a message is opened and when links or other content in a message are clicked or viewed. We use the information collected through web beacons, tags and other similar technologies for similar purposes as the information collected through cookies, as described above.

Flash Cookies/Local Shared Objects. We may use Flash cookies and other similar technologies (referred to herein as Local Shared Objects or "LSOs"), which allow a website to store certain information locally on an individual's computer or device and then access and use that information to enhance and facilitate certain Site experiences, processes and functionality. Flash cookies and other LSOs are different from typical browser cookies (as described above), and therefore the cookie management tools provided by your web browser may not enable you to remove Flash cookies or other LSOs. To learn more about managing these technologies, visit http://www.allaboutcookies.org/manage-cookies/.

Web Analytics. We use third party web analytics services, such as Google Analytics and Adobe services, to help us track and analyze the use of our Site and to measure the effectiveness of our advertising, Site content and communications. These service providers’ tools, including, for example, cookies, tags and web beacons, help us to gain this understanding. To opt out of this use by Adobe, please click here, and to opt out of this use by Google Analytics, click here.

Cross-Device Tracking. Additionally, Ultra Pink participates in the Adobe Marketing Cloud Device Co-op to better understand how you use our Sites and apps across the various devices you use, and to deliver tailored promotions. Learn more about how Adobe does this and available privacy controls.

Advertising on the Site and other Websites

We work with service providers and partner with advertising companies that use cookies, web beacons and other tools to collect information about your visits to and behavior on the Site and other websites, and then use that information to deliver targeted advertisements to you across the Internet. The information collected and used in this manner is generally, on its own, anonymous and not personally identifiable. To learn more about this practice and your choices with respect to it, please visit the Network Advertising Initiative at www.networkadvertising.org and the Digital Advertising Alliance at www.aboutads.info. To opt-out of our third-party advertising partners’ use of cookies in this manner, visit http://www.networkadvertising.org/managing/opt_out.asp.

We also maintain relationships with several social networks and technology companies, currently Facebook, Instagram, Google and Pinterest. These companies have specific Interest-Based Ads programs that match people that have shown interest in ULTRA PINK through our website or other Services with their profiles on their platforms and properties. If we participate in these programs, we convert your personal information (via hashing, encryption or other similar mechanisms) into a unique, non-personally identifiable value that cannot be re-identified and which can then be matched by the partner company with a user on their platform. This matching allows us to deliver more relevant, interest-based ads to users of those other companies’ platforms. You can manage your preferences for these advertising programs by clicking on the following relevant links: for Facebook click here, for Google click here, for Instagram click here, and for Pinterest click here.

Information Use

We (and our service providers, on our behalf) may use the information we collect from and about you (including both personal information and Site usage information) for a variety of purposes, including the following:

• to fulfill your requests for products and services and to keep you informed about your orders;
• to provide you with targeted and personalized content, offers and advertising on and at the Sites;
• subject to your communications preferences and, where required by applicable law, subject to your consent, to contact you (via postal mail, email and the like) with promotional materials about us, our products, our Services and our events, as well as about select partners;
• to contact you when necessary or appropriate (including, for example, via email in regards to your rating or review submissions);
• where appropriate, for market research and to review and improve our merchandise selections, customer service, online and offline operations and overall shopping experience;
• to protect the security or integrity of the Site, the Services and our business generally; and
• otherwise, with your permission or as permitted by law.

If you provide us with information about another person (as described above in the Information You Provide to Us section), where permitted by applicable law, we use that information to fulfill your requests and treat such information in accordance with this Privacy Policy.

We (and our service providers) also analyze and use Site usage information and information collected through cookies, web beacons and other tracking technologies, alone and in combination with personal information, to assess the behavior of our users, to measure the interest in and use of the Sites, Services and communications, and to customize the Sites, Services and our communications with you. We do this on both on an individual basis and in the aggregate.

Information Disclosure

We may disclose information we collect (including Site usage information and personal information) in the following ways, to the extent permitted by law:

• to our service providers and suppliers, who collect or use such information for us or on our behalf (such as website or database hosting companies, address list hosting companies, email service providers, customer service providers, chat service providers, stylists, analytics companies, distribution companies, fulfillment companies, and other similar entities that help us to operate the Sites and Services (including, without limitation, our VIP program) and/or provide functionality, content and services);
• as necessary, if we believe that there has been a violation of the Site Terms and Conditions, or any other Site policy, or if we have reason to believe that our rights or property, or the rights or property of any third party, may be or have been harmed;
• to respond to subpoenas or other judicial processes, or to provide information as requested by law enforcement agencies, other government authorities, or otherwise as required by law;
• in the event that ULTRA PINK or substantially all of its assets are acquired by one or more third parties as a result of an acquisition, merger, sale, consolidation, bankruptcy, liquidation or other similar corporate reorganization, where your information may be one of the transferred assets;
• to third-party marketers, as permitted by law, unless you direct us not to (please see the Your Choices/Your Privacy Rights section below);
• when you contribute to a social, community or other publicly available area or feature of the Site (e.g., if you submit a product rating or review), the information and content that you post may be made available to the general public, depending on your settings (which is why we recommend that you do not submit or post any sensitive personal information, such as your full name, home address, phone number or other information that would enable others to contact or locate you);
• otherwise, with your permission; and
• as otherwise, as permitted by law.

Content and information that you submit on or through Facebook, Twitter, Instagram, Tumblr and other third-party platforms may appear on the Sites through feeds from and other interfaces with those platforms. We are not responsible for the information, content and/or privacy practices of any such third-party platforms.

Your Choices/Your Privacy Rights

If you would like to opt out of receiving direct mail from us, please contact us at customerservice@ultrapink.com. Please understand that if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your Account, relationship, activities, transactions and communications with us.

If you would like to opt out of receiving promotional emails from us, please follow the unsubscribe instructions located in each such email or contact us at customerservice@ultrapink.com. Please understand that if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your Account, relationship, activities, transactions and communications with us.

If you would prefer that we not share your personal information with third-party marketers, please contact us at customerservice@ultrapink.com. Please include your name and your email and postal addresses. (Note that we never share your payment information with other marketers.) Please understand that if you do request that we stop sharing your personal information with third parties for their direct marketing purposes, such request will only apply as of the date of your request, and we will not be responsible for any communications that you may receive from third parties that received your personal information prior to that request. In these cases, please opt out from or contact that third party directly.

Maintenance and Processing of Information in the U.S. and Other Countries

Your personal and other information may be stored, transferred and processed in and to the United States and in other countries by our affiliates and our service providers. By providing personal information to us, you consent to the collection, maintenance, processing and transfer of such information in and to the United States and other countries and territories, pursuant to the laws of the United States or such other jurisdictions, which may provide lesser privacy protections than the laws of other countries, and you acknowledge that your information may thus be subject to U.S. and foreign laws and accessible to U.S. and foreign governments, courts, law enforcement and regulatory agencies.

If you are located in the European Economic Area ("EEA"), ULTRA PINK has put into place measures to protect such personal information which is transferred from the EU to the U.S. and other locations, including contracts with importing entities incorporating standard clauses approved by the European Commission.

Access to Your Personal Information

You may access any personal information you provide to us, correct or modify any such personal information, or direct us to delete or make no further use of your personal information. You can access or make certain adjustments to your account directly through your online Account, or you can contact us with your request at customerservice@ultrapink.com. In your request, please include your name, email and postal address, as well as your specific request and any information we may need in order to process your request.

Security

We have implemented measures in an effort to safeguard the personal information in our custody and control. Such measures include, for example, limiting access to personal information only to employees and authorized service providers who need to know such information for the purposes described in this Privacy Policy, as well as other administrative, technical and physical safeguards. Additionally, our service providers are not authorized to use or disclose your personal information for any purpose other than providing the services to us or on our behalf, or as otherwise may be required by applicable law. While we endeavor to always protect our systems, Site and information against unauthorized access, use, modification and disclosure, due to the inherent nature of the Internet as an open global communications vehicle and other risk factors, we cannot guarantee that any information, during transmission or while stored on our (or a service provider's) systems, will be absolutely safe from intrusion by others, such as hackers.

To provide you with increased security, access to certain personal information stored in your Account is protected with your username and password. You are responsible for maintaining the confidentiality of your Account credentials, and we strongly recommend that you do not disclose your Account username or password to anyone. We will never ask you for your password in any unsolicited communication. Please notify us immediately of any unauthorized use of your Account credentials or any other suspected breach of security.

Children's Privacy

The Sites are not directed to children under the age of thirteen (13). If you are under thirteen, do not provide your personal information on or to the Site. We do not knowingly collect on the Site any personal information from children under thirteen. Users outside of the United States who are below the age of eighteen (18) (or the age of majority in the applicable jurisdiction) should not use the Site without authorization from a parent or legal guardian.

Third-Party Websites

The Site may contain links (which may take the form of hyperlinks, widgets, clickable logos, plug-ins, images or banners) to websites and services operated by entities other than us. This Privacy Policy does not apply to such other websites or services, so we recommend that you review their posted privacy policies so that you understand the relevant information collection, use and disclosure practices.

Phishing, Spoofing & Other Schemes

It has become increasingly common for hackers, cyber-criminals and other unauthorized individuals to send emails and other communications to consumers purporting to represent a legitimate company, such as a bank or an online retailer, and requesting through those communications that the consumer provide personal, often sensitive, information. Sometimes, the domain name of the sender’s email address, or the domain name of the website requesting such information, may appear to be the domain name of a legitimate, trusted company. If you receive a request to provide sensitive information (including your Account password, or any payment information) via email or to a website or individual that does not seem to be affiliated with the Site or ULTRA PINK, or that otherwise seems suspicious to you, please do not respond or disclose your information. ULTRA PINK will never send you an email requesting that you verify any credit card information, financial information or other sensitive personal information. Please immediately report any such communication or request to us atcustomerservice@ultrapink.com.

Additionally, ULTRA PINK works with customs authorities, law enforcement and legal representatives globally in an effort to prevent the sale of counterfeit ULTRA PINK products, both online and offline. To avoid the risk of purchasing counterfeit products, it is best to buy only from the official ULTRA PINK e-commerce website, or an authorized department store, specialty retailer or e-tailer that you know to be reputable. To report counterfeits, please email customerservice@ultrapink.com.

Changes to This Privacy Policy

We may change this Privacy Policy from time to time and the amended policy will be posted to the Site. Under certain circumstances (for example, in connection with certain material adverse changes to this Privacy Policy), we may also elect to notify you through additional means, such as posting a notice on the home page of the Sites or contacting you via email.

Contact Us

If you have any questions or concerns about this Privacy Policy and/or about the privacy policies and practices of our service providers, please contact us at customerservice@ultrapink.com, or at: Intermarket Apparel LLC, dba ULTRA PINK, 1410 Broadway, New York, NY 10018, Attn: Privacy Officer.