BUY 3+ POLOS* & GET 30% OFF · CODE: YOLOPOLO30 · LIMITED TIME ONLY!
FREE U.S. & CANADA SHIPPING ON ORDERS OF $99+ · FREE U.S. RETURNS (Learn More)

Privacy Policy

Effective Date: March 5 2021

This Privacy Policy was updated on March 5 2021 (the “Effective Date”), and your privacy rights have changed, including the manner in which we share your information, which does or may constitute the sale of your personal data in certain jurisdictions.  Please review these terms carefully.

If you are a visitor to this site and do not have an account, you continued use of this site constitutes your acceptance of these terms. If you have an account on this site that was created before the “Effective Date,” you are an “Existing Customer,” and your information will be handled pursuant to the policy that was in place prior to the Effective Date, until you opt in to the new policy. If you are creating an account, you will be automatically opted in to this privacy policy.

BEN SHERMAN PRIVACY POLICY

Welcome to Ben Sherman, located online at bensherman.com. We know you care about your information and how we handle it. Part of our commitment to supporting you as a customer and member of our community is to be transparent with how we use and share your personal information.

This Privacy Policy describes how we use the data we collect from you through our digital properties (“Site”), when you buy merchandise from us online, and when you otherwise interact with our marketing, contests, sweepstakes, and surveys (collectively our “Services”).

Please read this Privacy Policy carefully to understand how we will treat your information.

Bensherman.com is part of the Marquee Brands family of companies (“Marquee”), but we collect information separately for the Marquee Brands family, and maintain that information on our servers, held in the US.

Like any company, we use a variety of third-party businesses and partners to market and provide our Services to you. Some of those companies are part of the Marquee family and some are third parties that we partner with or support our operations so we can provide the best experience to you.

 HOW WE COLLECT INFORMATION ABOUT YOU

Directly From You

You may provide us with personal information in several ways, such as when you:

  • Provide information to us via our websites, applications, and other digital channels by signing up, creating accounts (including using social media login), filling out forms, commenting, or otherwise engaging with our online services;
  • Communicate with us by e-mail or phone;
  • Subscribe to e-mails and/or newsletters;
  • Report a problem or request support for any of our Services;
  • Buy merchandise from us online at Bensherman.com;
  • Interact with our Social Media accounts; and
  • Participate in our contests, promotions, sweepstakes, or surveys.

Information We Collect From Other Sources

We work closely with third parties (for example, technical service providers, promotions companies, advertising networks, and analytics providers) and may receive information about you from them. Depending on the relationship and activity, they will provide us with certain information that will help us understand how you interact with Bensherman.com so we can tailor our marketing and provide better, more personalized Services to you. In some cases, third parties also provide us with information that helps us keep track of transactions, address technical or logistical issues, prevent fraud, or keep our community safe from security threats.

We may also receive and display information and content which you make publicly available on your social media account when you use social media logins for our Services or interact with any of our content (such as entering sweepstakes, giveaway, contests, and requesting information from us, including coupons and discount codes).

We may also receive and display information and content which you make publicly available on your social media account, such as when you post using one of our promoted hashtags.

INFORMATION WE COLLECT AND HOW WE USE IT

PERSONAL INFORMATION

SOURCE

PURPOSE

THIRD PARTIES

Personal and online identifiers (such as first and last name, email address, phone number, usernames, or unique online identifiers, IDFA, AAID)

  • Directly from you
  • Marketing partners
  • To provide and improve the Services
  • Personalization of the Services
  • Customer support
  • Marketing and targeted advertising
  • Security and fraud prevention
  • Customer service partners
  • Marketing sponsors and partners
  • Ad networks
  • E-Commerce vendors
  • Marquee
  • Analytics services

Financial Account Information (such as credit card numbers, bank account information, Paypal account information)

  • Directly from you
  • Payment providers
  • E-Commerce vendors
  • To provide the Services
  • To sell you merchandise or content
  • E-Commerce vendors
  • Payment providers
  • Fraud and cybersecurity companies
  • Marquee

Customer Profile Information (such as race, gender, age range, income range, ad demographics)

  • Directly from you
  • Marketing partners
  • Advertising networks
  • Third party data providers
  • To provide and improve the Services
  • Personalization of the Services
  • Direct marketing
  • Targeted advertising
  • Analytics
  • Research and development
  • Security and fraud prevention
  • Marquee
  • Analytics services
  • Ad networks
  • Technology service Providers
  • Marketing sponsors and partners 

Transactional Information

  • Directly from you
  • E-Commerce vendors
  • To provide and improve the Services
  • Customer support
  • Analytics
  • Research and Development
  • Marquee
  • Analytics services
  • Technology service providers
  • E-Commerce vendors

Communications with you (such as customer support messages, emails, social media posts)

  • Directly from You
  • Customer support partners
  • To provide and improve the Services
  • Customer support
  • Marquee
  • Analytics services
  • Technology service Providers
  • E-Commerce vendors
  • Customer support vendors

Online Activity Information (such as browsing history, search history, interactions with a website, email, application, or advertisement)

  • Directly from You
  • Cookies and similar technologies
  • Marketing partners
  • Advertising networks
  • Third party data providers
  • To provide and improve the Services
  • Personalization of the Services
  • Direct marketing
  • Targeted advertising
  • Marquee
  • Technology service providers
  • Analytics services
  • Ad networks

Non-Precise Geolocation information (such as zip or area code, state, country)

  • Directly from you
  • Cookies and similar technologies
  • Marketing sponsors
  • Technology service providers
  • Ad networks
  • To provide and improve the Services to you
  • Personalization of the Services
  • Fraud and cybersecurity
  • Direct marketing
  • Targeted advertising
  • Marquee affiliates
  • Ad networks
  • Technology service providers
  • Marketing sponsors

Precise Geolocation (such as home or billing address or latitude and longitude)

  • Directly from You
  • E-Commerce vendors
  • To provide you the services
  • Fraud and cybersecurity
  • Technology service providers
  • E-Commerce vendors
  • Fraud and cybersecurity companies

Inferences drawn from the above information about your predicted characteristics and preferences

  • Marquee
  • Third party data providers
  • Marketing sponsors
  • To provide and improve the Services
  • Personalization of the Services
  • Direct marketing
  • Targeted advertising
  • Analytics
  • Marquee
  • Ad networks
  • Marketing sponsors
  • Technology service providers
  • Analytics companies

Other information about you that is linked to the personal information above

  • Directly from you
  • Marquee
  • Third party data providers
  • Marketing sponsors.
  • To Provide and Improve the Services
  • Personalization of the Services
    • Marquee
    • Ad networks
    • Marketing sponsors
    • Technology service providers

     

    We may also use the information we have about you:

      • as necessary if we believe there has been a breach of the term and conditions associated with our website, the rights of any third party, or
      • to comply with legal and/or regulatory requirements.

    We combine information we receive from other sources with information you give to us and information we collect about you. We use this combined information for the purposes set out above.

    DISCLOSURE OF PERSONAL INFORMATION

    We do share data with third parties, including Marquee, its family members, and the other categories of partners as listed above. Some of these disclosures/shares of data do or may constitute a sale of data under some data privacy laws. Accordingly, depending upon your state of residence, we offer the option for you to opt out of the sale of your personal information, as further set forth below.

    We may share your personal information with Marquee, its family of brands, and with selected third parties including:

    • business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you in order to provide you with a product or service; 
    • business partners, suppliers and sub-contractors to provide you with information about promotions and offers; 
    • advertisers, advertising networks and social networks that require the data to select and serve relevant advertisements to you and, in some cases, to others. For more information on how we use personal information for targeted advertising, see below; and 
    • analytics and search engine providers that assist us in the improvement and optimization of the Service.
    • Third parties unaffiliated with bensherman.com who believe you may be interested in their products or services, and who may send you marketing information.

    We may disclose your personal information to third parties:

    • If we enter into negotiations to buy, sell, or merge with any business or assets, or if we enter into bankruptcy, reorganization, or receivership, in which case we may disclose your personal information to the prospective or eventual seller or buyer of such business or assets;  
    • if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in the event of an emergency, or in order to enforce or apply our Terms of Use and other agreements, or to protect the rights, property, or safety of Bensherman.com, Marquee, our customers, clients or others; and  
    • to any other third party not covered in this policy with your prior consent.

    MARKETING AND ADVERTISING

    Targeted Advertising

    We use your personal information to tailor our marketing and advertising efforts. To do this, we provide your information to third party advertising networks (such as Google Doubleclick) and social media companies (such as Facebook, Instagram, and other platforms). When we provide data to agencies, ad networks, and other parties for targeted advertising, we do not provide them with your name, financial information, or any sensitive information (such as an government ID or date of birth, if we have collected that). We use online identifiers such as email, cookie addresses, and device identifiers to help us provide targeted advertising to you and others like you. We may also use aggregate information to help advertisers reach the kind of audience they want to target. We may make use of the personal information we have collected from you to enable us to display advertisements to target audiences.

    To opt out of targeted advertising, you may use the following links provided by third parties that manage opt outs for some ad networks:

    http://preferences-mgr.truste.com,
    http://www.networkadvertising.org/managing/opt_out.asp 
    http://www.aboutads.info/
    https://policies.google.com/privacy/partners

    Email Marketing

    We also add you to our mailing lists for email communications from us and our partners, including Marquee or one of its family members, when you sign up for our mailing lists, purchase our merchandise, or subscribe to our content online. You may also be opted in to receive email or commercial communications if you have entered a contest or sweepstakes or other promotion, including securing a discount.  Regardless of how you have provided us your email address for marketing purposes if you receiving commercial content from us at your email address, you can opt out at any time by using the unsubscribe links at the bottom of our emails.  Please note that even if you opt out of receiving commercial emails, you will still receive emails that are transactional in nature, including emails about orders you have placed, actions taken on your account, updates to our online policies, and other transactional communications.

    We will continue to send you marketing and newsletter communications until you tell us to stop.  If you live in a jurisdiction wherein your information must be deleted or sun-downed, after a period of non-use, please note that Ben Sherman considers your receipt of newsletters and marketing emails an ongoing business relationship.

    Mobile Notifications

    With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.

    Text Messaging

    We may also ask you to consent to receive text message communications from us. You may opt-out entirely of receiving any text messages from us—promotional, transactional, or otherwise—by replying STOP to any text message you receive from us. 

    Message and data rates may apply. By providing your mobile number to use, pursuant to our request, you consent to receive recurring text messages and site abandonment reminder messages (including shopping cart or purchase reminders). You also confirm that you have authority to consent to receive text messages at the number you provide. Reply STOP to any message to cancel. Text HELP to any message for help. You understand that you do not have to sign up for any text program in order to make any purchases, and your consent is not a condition of purchase. By signing up, you are confirming you are over the age of 13, and that you agree to our Privacy Policy and Terms of Use. You understand that we will send mobile text message using automated technology. Further, you are responsible for updating us if your mobile number changes or transfers to another user; otherwise, we will continue to send text updates under your prior express written consent.  For more information, contact us at customercare@bensherman.com.

    SOCIAL SHARING

    You may be able to use social sharing features and other integrated tools on the Site such as the Facebook "Like" button. These features and tools may permit you to share actions you take on our Service with other media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the service that provides the social sharing feature. Please remember, though, that use of the information you share on social media sites will be governed by the privacy policies of the social media provider, and we are not responsible for how they treat the information.

    YOUR CONTENT

    If you participate in our online services or access certain public or other interactive areas on the Sites, such as commenting on our blog or by creating a public profile, the information you voluntarily disclose may be accessible to other Site users and, in some cases, the general public. We cannot prevent such information from being used in a manner that may violate this Policy, the law, or your personal privacy.

    COOKIES

    We and our third-party service providers use cookies and other tracking mechanisms to track information about your use of our Sites. We may combine this information with other personal information we collect from you (and our third-party service providers may do so on our behalf).

    Cookies. “Cookies” are small data files stored on your own computer’s hard drive. We (and our third-party providers) use cookies to facilitate the operation of our Site (e.g., as part of the account login and checkout features), to personalize the content we display to you, and for analytics, marketing, and advertising purposes. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. If you choose to reject cookies, certain functions and applications on our Sites may not work properly.

    Pixel Tags. Pixel tags (a.k.a. web beacons, web bugs or clear GIFs) are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, though, clear GIFs are embedded invisibly on web pages, not stored on your hard drive. We might use clear GIFs to track the activities of users of our Sites, help us manage content, and compile statistics about usage. We and our third-party service providers also might use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.

    Third-Party Analytics. We use automated devices and applications, such as Google Analytics, (for more information, click here) to evaluate usage of our Sites, including to determine the popularity of certain content, deliver advertising and content targeted to your interests on our websites and other websites and better understand your online or offline activity. We use these tools to help us improve our Sites, performance, and user experiences. These entities may use cookies and other tracking technologies to perform their services. We do not share your personal information with these third parties. We do not knowingly collect this information from users with EEA IP addresses 

    DO NOT TRACK

    Some web browsers may transmit "do-not-track" signals to the websites with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether you intend for these signals to be transmitted, or whether you even are aware of them. Because there currently is no industry standard concerning what, if anything, websites should do when they receive such signals, we currently do not act in response to these signals.

    STORAGE AND TRANSFER OF INFORMATION

    We operate the Services in and from a number of different jurisdictions, but the Site is primarily operated from the United States, which is where your information will likely be stored and processed. Your information may be disclosed in response to inquiries or requests from government authorities or to respond to legal process in the countries in which we operate and/or store your information.

    CHILDREN

    We do not knowingly collect information from or market to children who are under 13 years old. If you are a parent or guardian of a minor who is under 18 years old and using our Services, you may send us an email at customercare@bensherman.com to request deletion of any personal information we may have collected about the minor. If you are a parent or guardian of a minor using our Services, please contact us to arrange for deletion of any personal information we may have collected about the minor.  For privacy reasons, we may request proof of relationship to the minor.

     

    OPTING OUT OF THE SALE OF YOUR PERSONAL INFORMATION

    Bensherman.com partners with a variety of companies to improve the Services and to share personal information used to market additional opportunities to you by these third parties. These transfers can be deemed a sale under some data privacy laws.

    You may opt out of the sale of your personal information by clicking on the Do Not Sell My Personal Information link on our site or emailing us at customercare@bensherman.com You will be asked to provide certain information to exercise this option so we can verify your identity and locate your records with us.

    Please note that your decision to opt out of the sale of your personal information may impact the availability and quality of some of the Services provided to you. Furthermore, your information may still be shared pursuant to the terms of this policy, where such sharing does not constitute a sale.

    YOUR RIGHTS

    Some states grant you certain rights and control over your information. We may ask you for verification of residency and/or domicile before allowing you to exercise those rights, as outlined below.  Those rights may include, and are not limited to the following:

    • Information about You: You may ask for us to state what categories of personal information about you we have, and the categories of sources from which we collect your personal information.
    • Receive a Copy of Your Data: You may request the categories and specific pieces of information (if any) we have about you, the categories of personal information that we have disclosed about you for a business purpose,   and the categories of third parties with which we have shared personal information in the previous 12 months.
    • Delete Your Data: You may request that we delete the personal information we have collected from you.
    • Do-Not-Sell: You may opt out of our sale(s) of your personal information, as “sale” is defined by data privacy laws. Please see above for more information.
    • Non-Discrimination: California law prohibits discrimination against you for exercising your privacy rights.

    Note: Where certain technologies rely on your data to provide the Services, the absence of that data may impact the operation of the Services.

    How to Exercise Your Rights. To exercise the above rights, you may begin the process by emailing us at customercare@bensherman.com and making your request.

    Verification Process and Required Information. Most, if not all, requests must be verified.  Some requests, including receiving a copy of your data or requests made by an agent claiming to be acting on your behalf, are subject to heightened requirements, in order to protect your privacy.  If we cannot verify your identity based on the information provided, a request for a copy of your data shall be treated as a request for information, and a request to delete personal information may be treated as a request to opt-out of the sale of personal information.

    Authorized Agent. You may designate an authorized agent to make a request on your behalf. An Authorized Agent must have written documentation of their authority to act on your behalf, such as a Power of Attorney. 

    SECURITY

    We use a variety of administrative, physical, and technology solutions, including engaging with qualified cybersecurity companies, to protect your information from unauthorized access, loss, or misuse. Because there is always some risk in transmitting information over the internet and otherwise processing information, we cannot and do not guarantee or warrant the security of any information that you transmit on or through the Services or that we otherwise maintain.

    LINKS TO THIRD PARTY WEBSITES

    Our Services, newsletters, email updates and other communications may, from time to time, contain links to and from the websites of others, including our partner networks, retail partners, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.

    UPDATES

    Any updates we may make to our Privacy Policy will be posted on this page, and we may also provide a website notice of any material changes for a reasonable period of time. Please check back frequently to see any updates or changes to our Privacy Policy. If you do not agree or consent to these updates or changes, do not continue to use the Services.

    CONTACT

    Questions or comments regarding this Privacy Policy should be emailed to customercare@bensherman.com.