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Five Below, Inc. (“Five Below,” “we,” “our,” or “us”) cares about your privacy. This Supplemental U.S. State Privacy Notice (“Notice”) is provided for residents of California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, and Virginia (each a “Covered State”) and supplements other Five Below privacy policies and notices. This Notice describes our collection, use, and disclosure of Personal Information about residents of Covered States who interact with us as consumers (“Consumers”) and California residents who interact with us in the course of their work for another company (“California B2B Contacts”), as well as their rights under Covered State privacy laws. In the event of a conflict between any other policy, statement, or notice and this Notice, this Notice will prevail as to Covered State Consumers and California B2B Contacts.
“Personal Information” 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 and used Personal Information about Covered State Consumers and California 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.
We may also use, and disclose Personal Information as required by law, regulation or court order; to respond to governmental and/or law enforcement requests; to identify, contact or bring legal action against someone who may be causing injury to or interfering with our (or others’) rights or property; to support any actual or threatened claim, defense or declaration in a case or before any jurisdictional and/or administrative authority, arbitration or mediation panel; or for other purposes described in any other privacy notice or with your consent. Additionally, we may use and disclose personal information to third parties in connection with a sale, assignment, merger, reorganization, or other corporate transaction relating to all or part of our business.
We keep the categories of Personal Information described above for as long as 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:
Where Personal Information is used for more than one purpose, we will retain it until the purpose with the latest period expires.
The chart below shows the categories of Personal Information we disclose for business or commercial purposes to our service providers and contractors (including vendors that provide delivery and fulfillment services, financial services, technical support, advertising, public relations, media and marketing services, promotions, campaigns and contest-related services, call center and customer support services, e-commerce and other web-related services such as web hosting and web monitoring services, and event-related services).
Although we do not sell Personal Information in exchange for money, some of the ways in which we share Personal Information for targeted advertising or analytics may be considered “sales” or “sharing” under some US state privacy laws. The chart below shows the categories of Personal Information we share for purposes of targeted/cross-context behavioral advertising, or otherwise “sell,” for non-monetary consideration. We do not have actual knowledge that we sell or share the Personal Information of people under 18 years of age.
Your California 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 to know, request to delete, or request to correct, 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 or toll-free number. An authorized agent must submit proof to us that they are authorized by you to act on your behalf, and you will still need to verify your identity directly with us before your request can be processed.
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 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. You have the right to request that we delete Personal Information we collected from you, subject to certain exceptions. Where we use deidentification to satisfy a deletion request, we commit to maintaining and using the information in deidentified form and will not attempt to reidentify the information.
Right to Correct. 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 on the “Your Privacy Choices” link in the footer of our website. If you choose to use the Global Privacy Control (GPC) browser signal, you will only be opted out of sales or sharing of Personal Information taking place through online tracking technologies, 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. You may direct us to limit the use and disclosure of your sensitive personal information to uses/disclosures that are reasonably necessary to provide our goods and services, or as needed: to ensure security and integrity; to prevent fraud or illegal activity; for physical safety; for short-term, transient use, including for non-personalized advertising; to perform services on behalf of the business; and to verify or maintain the quality or safety of a service or device owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance such services or devices.
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.
California job applicants can find additional disclosures in our California Applicant Privacy Notice. If you are a Five Below employee, please see our California Employee Privacy Notice for additional disclosures.
Notice of Financial Incentive. We may provide discounts and special offers to those who sign up for an account with us. From time to time, we also offer coupons, discounts, or rewards to consumers who sign up for our promotions. For example, we may offer discounts, rebates, or giveaways to consumers who subscribe to our marketing emails or text messages, or post about us on social media. Participation in these types of activities requires you to provide personal information to us, such as identifiers, personal records, and commercial information. Please see the full terms of each offer as well as our Terms of Use for more details.
To sign up for an account with Five Below, click or tap the account icon in the upper right corner of the screen, or the Sign In link located in the navigation drop-down menu. Generally, you may sign up for our promotions and opt in to the financial incentives associated with them by following the instructions provided with each offer or promotion. You have the right to withdraw from our financial incentives at any time. If you wish to close your account, you can do so by clicking or tapping the Delete Account link within your online account.
If you are a Consumer who is a resident of a Covered State other than California, you have the right to submit certain requests relating to your Personal Information as described below. To exercise any of these rights, please submit a request through our webform. Please note that we will need to authenticate your identity before your request can be processed. For authentication, you will be asked to provide 2-3 pieces of Personal Data that we will match against our records.
Access and Data Portability. You can confirm whether we are processing your Personal Information, access your Personal Information, and obtain a copy of Personal Information you provided to us in a portable format. Delaware, Maryland, Minnesota, and Oregon consumers may also request information about third parties to which we disclose personal information.
Correction. You may request that we correct inaccuracies in your Personal Information, taking into account the nature of the Personal Information and our purposes for processing it.
Deletion. You may request that we delete your Personal Information, subject to certain exceptions. Where we use deidentification to satisfy a deletion request, we commit to maintaining and using the information in deidentified form and will not attempt to reidentify the information.
Right to Opt Out. You can opt out of the following uses of your Personal Information: (a) targeted advertising; (b) the sale of Personal Information; and (c) profiling in furtherance of decisions that produce legal or similarly significant effects. We do not use your Personal Information in ways that qualify as profiling under applicable state privacy law or sell Personal Information for money. To opt out of targeted advertising or sale of Personal Information through online tracking technologies, please click here. If you choose to use the Global Privacy Control (GPC) browser signal, you will only be opted out of sales or sharing of Personal Information taking place through online tracking technologies, and will need to turn it on for each browser you use. To submit a request to opt out of offline sales of Personal Information, please use our webform.
Sensitive Data Rights. Some states require your consent before we may collect sensitive Personal Information about you. If you are a resident of one of these states, you will be prompted for consent before we collect your sensitive Personal Information. Residents of Iowa and Utah, please click here to exercise your rights relating to your sensitive Personal Information.
Right to Appeal. Sometimes we are unable to process requests relating to your Personal Information, in which case, your request will be denied. If you are a resident of a Covered State whose privacy rights request has previously been denied by us and you believe we denied it in error, you may appeal for reconsideration of your request using our webform.
We may update this Privacy Notice from time to time. For most updates, you would be notified of changes by visiting this webpage. If we make material changes to this Notice, we may provide you with additional notice, including by emailing you.
For any questions about how we handle your Personal Information, or if you need to access this Notice in an alternative format due to a disability, please email us at [email protected] 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).