Effective Date: July 29, 2016.
Introduction and Overview.
For certain Services, there may be additional notices about information practices and choices. Please read those additional privacy disclosures to understand how they apply to you.
1. Information Collection.
(a) Information You Provide To Us.
We collect information you provide directly to us via the Service. For example, we collect information when you register or check out as a guest, purchase products, subscribe to our e-mails, complete a survey, participate in an online promotion, apply for a job, contact customer support, or otherwise communicate or transact with us through the Service.
(b) Information We Collect Automatically.
The methods that we and our Service Providers may use to collect Usage Information include:
- Log Information: We may collect information about your use of the Service, such as IP address, browser type, Internet service provider, referring/exit pages, operating system, date/time stamps, and related data, and store it in log files.
- Cookies: A cookie is a small text file that is stored on a user’s device. We use both session ID cookies and tracking cookies. Session cookies make it easier for you to navigate the Service and expire when you close your browser. Tracking cookies help us understand how you use the Service, and enhance your user experience. Cookies may remain on your hard drive for an extended period of time. If you use your browser’s method of blocking or removing cookies, some features and functionalities of the Service may not work. If you use your browser’s method of blocking or removing cookies, some but not all types of cookies may be deleted and/or blocked and as a result some features and functionalities of the Service may not work. A Flash cookie (or locally shared object) is a data file which may be placed on a device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your device. HTML5 cookies can be programmed through HTML5 local storage. Flash cookies and HTML 5 cookies are locally stored on your device other than in the browser and browser settings won’t control them. To identify certain types of local shared objects on your device and adjust your settings, please visit: www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html. The Service may associate some or all of these types of cookies with your devices.
- Web Beacons (“Tracking Pixels”): Web beacons are small graphic images, also known as “Internet tags” or “clear gifs,” embedded in web pages and e-mail messages. Web beacons may be used to count the number of visitors to the Service, to monitor how users navigate the Service, and to count how many particular articles or links were actually viewed.
- Embedded Scripts: An embedded script is programming code designed to collect information about your interactions with the Service. It is temporarily downloaded onto your computer from our web server or a third party with whom we work, is active only while you are connected to the Service, and deleted or deactivated thereafter.
- Fingerprinting: Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts, and other data, for purposes of identification and/or tracking.
- Device Recognition Technologies: Technologies, including application of statistical probability to data sets, as well as linking a common unique identifier to different device use (e.g., Facebook ID), which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user or household)
We are giving you notice of the Tracking Technologies and your choices regarding them explained in the “Analytics Services, Advertising, and Online Tracking” at Section 8 and “Your Choices” at Section 9 below, so that your consent to encountering them is meaningfully informed.
(c) Information From Other Sources.
2. Use of Information.
(a) product & service fulfillment
- Fulfill and manage purchases, orders, payments and returns/exchanges;
- Respond to requests for information about our products and services in our stores, or on our website, mobile website or mobile applications or to otherwise serve you;
- Connect with you regarding customer service, such as via our High Five Team or through social media or on social media platforms;
- Administer sweepstakes and contests; and
- Conduct a transaction where we collect information required by law (for example, age-restricted purchases).
(b) our marketing purposes
- Deliver coupons, mobile coupons, newsletters, in-store receipt messages, e-mails, mobile messages and social media notifications;
- Provide interactive features of the Service, such as product reviews, send marketing communications and other information regarding products, services and promotions;
- Administer promotions, surveys and focus groups.
- Send you advertisements and communicate with you regarding our and third party products, services, offers, promotions, rewards and events we think you may be interested in (for information about how to manage these communications, see “Your Choices” at Section 9(c)); and
(c) internal operations
- Improve the effectiveness of our Service, stores and marketing efforts;
- Conduct research and analysis, including focus groups and surveys;
- Perform other business activities as needed, or as described elsewhere in this policy;
- Send you technical notices, updates, security alerts, information regarding changes to our policies, and support and administrative messages.
- Register and service your account;
- Facilitate and personalize your online experience;
- Process your job applications; and
(d) prevention of fraud & other harm
- Prevent fraudulent transactions, monitor against theft and otherwise protect our guests and our business (e.g. product recalls).
(e) legal compliance
- For example, assist law enforcement and respond to legal/regulatory inquiries.
3. Sharing of Information.
Our agents, vendors, consultants, and other service providers (collectively “Service Providers”) may collect, receive, or be given access to your information, without limitation, Personal Information and Usage Information, in connection with their work on our behalf. Service Providers may also collect, receive and use your information for other purposes. As an example we allow some of our Service Providers to use for their own purposes aggregate information which does not identify you or de-identified data that we may give them or permit them to create.
We may also share information (including Personal Information) about you as follows:
- To comply with the law, law enforcement or other legal process, and except as prohibited by applicable law, in response to a government request;
- To protect the rights, property, life, health, security and safety of us, the Service or any third party;
- In connection with, or during negotiations of, any proposed or actual merger, purchase, sale or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another company (“Merger/Sale”);
- With our affiliates for internal business purposes;
- With our affiliates, business partners, and other third parties for their own business purposes, including direct marketing purposes; provided, however that we will not knowingly share your Personal Information with unaffiliated third parties for their own direct marketing purposes without giving you the option to opt-in or opt-out of such sharing, except as part of a Merger/Sale (California residents have certain rights set forth in “Your California Privacy Rights” in Section 9(e);
- With your consent or at your direction.
As permitted by applicable law, we may share non-Personal Information, and third-party-sourced Personal Information (i.e., that is not collected by us via the Service), provided that we are aware of no restrictions on our use, with third parties or our affiliates for any purpose. Without limiting the foregoing, in our sole discretion, we may share aggregated information which does not identify you, or de-identified information about you, with third parties or affiliates for any purpose.
Without limiting the generality of the forgoing, we and third parties may convert your Personal Information to non-Personal Information, including without limitation through hashing it or substituting a unique identifier for the Personal Information, and we and third parties may use and share that data as permitted by applicable law, including to match data attributes to and from other sources. Any such third party activities are subject to their privacy policies and practices.
4. Sweepstakes, Contests, Promotions.
We may offer sweepstakes, contests, surveys, and other promotions (each, a “Promotion”), including Promotions jointly sponsored or offered by third parties, that may require submitting Personal Information. If you voluntarily choose to enter a Promotion, your Personal Information may be disclosed to third parties such as for administrative purposes and as required by law (e.g., on a winners list). In addition, by entering, you agree to the official rules that govern that Promotion, and may, except where prohibited by applicable law, allow us, the sponsor(s) and/or other parties to use your name, voice and/or likeness in advertising or marketing materials.
5. Information You Publicly Disclose To Others.
The Service may permit you to submit ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or other content, including Personal Information for public display (collectively, “User Content”), such as via message boards, social media posts, product reviews and contest entries. We, and others, may store, display, reproduce, publish, distribute or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to you. Please keep in mind that if you share User Content, others have the ability to access and share it with third parties. Five Below is not responsible for the privacy, security, accuracy, use, or misuse of any User Content that you disclose or receive from third parties via the Service. See also the section on “Third-Party Services and Social Features” in Section 7. California minors should see “Your Choices” at Section 9(a) regarding removal of certain content they have posted on the Service.
Additionally, the Service may offer you the option to send a communication to a friend. If so, Five Below relies on you to only send to people that have given you permission to do so. The friend’s Personal Information you provide (e.g., name, e-mail address) will be used to facilitate the communication, but not used by us for any other marketing purpose unless we obtain consent from that person. As permitted by applicable law, your contact information and message may be included in the communication.
7. Third-Party Services and Social Features.
The Service may include hyperlinks to, or include on or in connection with, the Service (e.g., plug-ins), websites, locations, platforms, applications or services operated by third parties (“Third-Party Service(s)”). These Third-Party Services may use their own cookies, web beacons, embedded scripts and other Tracking Technologies to independently collect information about you and may solicit Personal Information from you.
8. Analytics Services, Advertising, and Online Tracking.
Some information about your use of the Service and certain third party websites and other locations may be collected using Tracking Technologies across time and services and used by Five Below and third parties for purposes such as to associate different devices you use, and deliver relevant and retargeted ads (“Interest-based Ads”) and/or other content to you on the Service and certain third party websites and other locations.
Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note there is not yet an industry consensus as to what site and app operators should do with regard to these signals. Accordingly, we do not monitor or take action with respect to “Do Not Track” signals or other mechanisms. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.
You may have certain choices regarding Tracking Technologies as explained in the next section.
9. Your Choices.
(a) Accessing and Changing Information.
You may correct and update your account Personal Information you have submitted to us by contacting us here. We will make a good faith effort to make the changes in Five Below’s then-active databases as soon as practicable, but it may not be possible to completely change your information. We reserve the right to retain data as required by applicable law; and for so long as reasonably necessary to fulfill the purposes for which the data is retained, as permitted by applicable law (e.g., business records).
Any California residents under the age of eighteen (18) who have registered to use the Service, and who have posted content or information on the Service, can request that such information be removed from the Service by contacting us as set forth in “Contact us” at Section 15 making such a request, stating that they personally posted such content or information and detailing where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished the post and archived copies of it may be stored by search engines and others that we do not control.
(b) Tracking Technologies Generally.
Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options so you may need to set them separately. Please be aware that if you disable or remove these technologies some parts of the Service may not work and that when you revisit the Service your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations at that time.
Some third parties may also offer you choices regarding their Tracking Technologies. One way to potentially identify cookies on the Service is to add the free Ghostery plug-in to your browser (www.ghostery.com), which according to Ghostery will display for you traditional, browser-based cookies associated with the web sites (but not mobile apps) you visit and privacy and opt-out policies and options of the parties operating those cookies. Five Belowis not responsible for the completeness or accuracy of this tool or third party choice notices or mechanisms. For specific information on some of the choice options offered by third party analytics and advertising providers, see the next section.
(c) Analytics Services and Interest-Based Ads.
You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us and our partners may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices. Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective. We support the ad industry’s 2009 Self-regulatory Principles for Online Behavioral Advertising, but we are not a member of the DAA or NAI and are not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.
In addition, we may serve ads on third-party services that are targeted to reach people on those services that are also identified on one of more of our data bases (“Matched List Ads”). This is done by matching common factors between our data bases and the data bases of the third-party services. For instance, we may use such ad services offered by Facebook or Twitter and other Third-Party Services. We are not responsible for these Third-Party Services, including without limitation their security of the data. If we use Facebook to serve Matched List Ads on Facebook services, you should be able to hover over the box in the right corner of such a Facebook ad and find out how to opt-out with us from such list. If you opt-out from our Facebook Matched List Ads, we will remove the matching Personal Information from that list, however, this will not take effect immediately and if you have multiple e-mails or other accounts you may have to opt-out separately for each one. If we use Twitter Matched Use Ads, you should be able to opt-out through your account settings on Twitter. If you opt-out from our Twitter Matched Use Ads, you will be removed from that list, however, this will not take effect immediately and if you have multiple e-mails or other accounts you may have to opt-out separately for each one. We are not responsible for such third parties’ failure to comply with your or our opt-out instructions or to provide us notice of your opt-out elections, and they may change their options without notice to us or you.
You can opt out of receiving certain promotional e-mails from usat any time by following the instructions as provided in e-mails to click on the unsubscribe link, or by sending an e-mail to us here with the word UNSUBSCRIBE in the subject field of the e-mail. Please note that your opt-out is limited to the e-mail address used and will not affect subsequent subscriptions or non-promotional communications, such as administrative and service announcements.
(e) Your California Privacy Rights.
California’s “Shine the Light” law permits customers in California to request certain details about how certain types of their information are shared with third parties and, in some cases, affiliates, for those third parties’ and affiliates’ own direct marketing purposes. Under this law, a business must either provide California customers certain information upon request or permit California customers to opt-in to, or opt-out of, this type of sharing.
We may from time to time, with your consent, elect to share certain information about you collected by us on the Service with third parties and affiliates for those third parties’ and affiliates’ direct marketing purposes. If you are a California resident, you may prospectively opt-out of such ongoing sharing by contacting us here or by sending a letter to Five Below, Inc., 701 Market Street, Suite 100, Philadelphia, PA 19106 (Attention: Legal Counsel). Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and zip code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this e-mail address or mail address.
10. Children’s Privacy.
We do not intend to collect personal information as defined by the U.S. Children’s Privacy Protection Act (“COPPA”) (“Children’s Personal Information”) in a manner that is not permitted by COPPA, and for any children’s or mixed-use portions of the Service (if any) we will comply with COPPA. If you are a parent or guardian and believe Five Below has collected Children’s Personal Information in a manner not permitted by COPPA, please contact us here and we will remove such data to the extent required by COPPA.
For more information about COPPA and general tips about protecting children’s online privacy, please visit the Federal Trade Commission’s website at https://www.ftc.gov/tips-advice/business-center/guidance/complying-coppa-frequently-asked-questions#General Questions.
California minors should see “Your Choices” at Section 9(a) regarding removal of certain content they have posted on the Service.
11. Data Security.
We take reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Nevertheless, transmission via the Internet is not completely secure and we cannot guarantee the security of your information collected through the Service.
12. International Transfer.
13. EEOC / Affirmative Action Reporting.
In conjunction with laws and regulations enforced by the Equal Employment Opportunity Commission (“EEOC”), the Office of Federal Contract Compliance Programs (“OFCCP”) and similar state and local regulatory agencies, we may ask you to provide us with self-identifying information (such as veteran status, gender and ethnicity). Providing such self-identifying information is voluntary, but if you do provide us with such information, we may submit that information to the EEOC, the OFCCP and similar state and local regulatory agencies or otherwise use or disclose it for business-related purposes, including responding to information requests, fulfilling regulatory reporting requirements and defending against employment-related complaints.