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California Consumer Privacy Notice

Effective Date: January 1, 2023

This California Privacy Notice ("Notice") is provided pursuant to the California Consumer Privacy Act ("CCPA") and supplements other Five Below privacy policies and notices. In the event of a conflict between any other Five Below policy, statement, or notice and this Notice, this Notice will prevail as to California Consumers or B2B Contacts and their rights under the CCPA.

In accordance with the CCPA’s requirements, this Notice describes our collection, use, and disclosure of the Personal Information of California residents who interact with us as consumers (“Consumers”) or in the course of their work for another company (“B2B Contacts”), as well as their rights under the CCPA. California job applicants can find additional disclosures in our California Applicant Privacy Notice (which can be found here). If you are a Five Below employee, please see our California Employee Privacy Notice for additional disclosures. Terms defined in the CCPA that are used in this Notice have the same meanings as in the CCPA.

COLLECTION AND USE OF PERSONAL INFORMATION

“Personal Information” or “PI” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you. Personal Information does not include information that is publicly available, de-identified, or aggregated.

Within the past year, we collected, used, and disclosed PI about California consumers and B2B Contacts as described in the table below. Note that the Personal Information we collect about you may vary depending on the nature of your interactions with us and may not include all of the examples listed below.

How Long We Keep Your Personal Information

We keep the categories of Personal Information described above for as long as is necessary for the purposes described in this Notice or otherwise authorized by law. This generally means holding the information for as long as one of the following apply:

  • Your Personal Information is reasonably necessary to manage our operations, to manage your relationship with us, or to satisfy another purpose for which we collected the information;
  • Your Personal Information is reasonably necessary to carry out a disclosed purpose that is reasonably compatible with the context in which the Personal Information was collected;
  • The information is reasonably required to protect or defend our rights or property (which will generally relate to applicable laws that limit actions in a particular case); or
  • We are otherwise required or permitted to keep your information by applicable laws or regulations.

Where information is used for more than one purpose, we will retain it until the purpose with the latest period expires. For more information about our retention policies, please contact us using the contact details below.

How We Disclose, Share, and Sell Personal Information

We disclose Personal Information as indicated below. The first chart shows the categories of Personal Information we disclose to our service providers and contractors for a business or commercial purpose. Although we do not sell Personal Information in exchange for money, some of our advertising practices may be classified as “sales” or “sharing” under California law. The second chart shows the categories of Personal Information and sensitive Personal Information we share for purposes of cross-context behavioral advertising, or otherwise “sell,” as that term is defined under California law. We do not have actual knowledge that we sell or share the Personal Information of people under 16 years of age.

Disclosures for a Business or Commercial Purpose

Sales and Sharing of Personal Information

CALIFORNIA PRIVACY RIGHTS

Your California Consumer privacy rights are described below. To make a request, complete an online form on our website by clicking here (or call us at 1 (888) 914-9661 PIN: 103 569). Please note that when submitting a request, you may be asked to provide information to verify your identity before action is taken. Typically, we ask you to provide 2-3 pieces of Personal Information that we will match against our records to verify your identity. You may designate an authorized agent to make a request on your behalf using our Authorized Agent submission form. An authorized agent must submit proof to us that he or she has been authorized by you to act on your behalf, and you will still need to verify your identity directly with us.

Right to Know

You have the right to know what Personal Information we have collected about you, which includes:

  • The categories of Personal Information we have collected about you, including:
    • The categories of sources from which the Personal Information was collected
    • Our business or commercial purposes for collecting, selling, or sharing Personal Information
    • The categories of recipients to which we disclose Personal Information
    • The categories of Personal Information that we sold, and for each category identified, the categories of third parties to which we sold that particular category of Personal Information
    • The categories of Personal Information that we disclosed for a business purpose, and for each category identified, the categories of recipients to which we disclosed that particular category of Personal Information
  • The specific pieces of Personal Information we have collected about you

Right to Delete Your Personal Information. You have the right to request that we delete Personal Information we collected from you, subject to certain exceptions.

Right to Correct Inaccurate Information. If you believe that Personal Information we maintain about you is inaccurate, you have the right to request that we correct that information.

Right to Opt Out of Sales and Sharing of Personal Information. You have the right to opt out of the sale of your Personal Information, and to request that we do not share your Personal Information for cross-context behavioral advertising. To opt-out, please click here. If you choose to use the Global Privacy Control (GPC) browser signal, you will only be opted out of online sales or sharing of Personal Information, and will need to turn it on for each browser you use. To submit a request to opt out of offline sales and sharing, please use our webform.

Right to Limit Use and Disclosure of Sensitive Personal Information. We do not use or disclose Sensitive Personal Information for purposes to which the right to limit use and disclosure applies under the CCPA.

Right to Non-Discrimination for the Exercise of Your Privacy Rights. If you choose to exercise any of your privacy rights under the CCPA, you also have the right not to receive discriminatory treatment by us.

CONTACT US

For more information regarding your California privacy rights, you may email us at privacy@fivebelow.com or call us at 888-914-9661 PIN: 103 569. You also may write to us at: Five Below, Inc., 701 Market Street, Suite 100, Philadelphia, PA 19106 (Attn: Compliance Department).