EFFECTIVE DATE: December 20, 2021
Xcel Brands, Inc. (“XCEL,” “we,” “us,” or “our”) has been building relationships with our customers based on respect and integrity. We appreciate the trust and confidence you place in us when you visit us at xcelbrands.com (“Website”) and when you do business with us (collectively our “Services”).
For purposes of this Policy, we collect information separately for the XCEL brands, and unless otherwise indicated, maintain that information on our servers, held in the United States.
How We Collect Information About You
We collect several types of information from and about users of our Services, including information:
- By which you may be personally identified, such as name, postal address, email address, telephone number, or any other identifier by which you may be contacted online or offline (“Personal Information”);
- That is about you but individually does not identify you, such as advertising pixels or cookies; and/or
- About your internet connection, the equipment you use to access our Website, and usage details.
We collect this information:
- Directly from you when you provide it to us.
- Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, advertising pixels, and other tracking technologies.
- From third parties, for example, our business partners.
Information You Provide to Us
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;
- Sign up for SMS text promotions;
- 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 xcelbrands.com;
- Interact with our social media accounts; and
- Participate in our contests, promotions, sweepstakes, or surveys.
You also may provide information to be published or displayed (hereinafter, “Posted”) on public areas of the Website or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
- Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
- Information about your computer and internet connection, including your IP address, operating system, and browser type.
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).
The information we collect automatically may include Personal Information, or we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our Website according to your individual interests.
- Speed up your searches.
- Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
- Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
- Web Beacons. Pages of the Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit XCEL, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
You may manage how your browser handles these technologies by adjusting its privacy and security settings. Browsers are different, so refer to instructions related to your browser to learn about cookie-related and other privacy and security settings that may be available. You can opt-out of being targeted by certain ad-service companies and XCEL-served ads online by using the National Advertising Initiative’s (“NAI’s”) Opt-Out Tool or the Digital Advertising Alliance’s (“DAA”) About Ads Opt-Out Tool. You may manage how your mobile device and mobile browser share certain device data with XCEL, as well as how your mobile browser handles cookies by adjusting the privacy and security settings on your mobile device. Please refer to the instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings.
Currently, we do not alter our data collection and use practices in response to Do Not Track signals.
We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see “Choices About How We Use and Disclose Your Information”.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any Personal Information:
- To provide the Services to you.
- To present our Website and its contents to you.
- To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through the mail, our Website, third-party sites, and via email or text message (with your consent, where required by law).
- To provide you with information, products, or services that you request from us.
- To fulfill any other purpose for which you provide it.
- To provide you with notices about your account and/or subscription, including expiration and renewal notices.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- To notify you about changes to our Website or any products or services we offer or provide though it.
- To allow you to participate in interactive features on our Website.
- To provide you will information, discounts, coupons, and promotions relating to our Services.
- In any other way we may describe when you provide the information.
- For any other purpose with your consent.
We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, you can opt-out by using the Unsubscribe link in the email you receive or by contacting us at email@example.com. For more information, see “Choices About How We Use and Disclose Your Information.”
We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your Personal Information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your Information
We share data with third parties, including XCEL and its family of members, and the other categories of partners as listed below. We may also disclose aggregated information about our users, and information that does not identify any individual, without restriction.
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 detailed below in “Choices About How We Use and Disclose Your Information.”
Categories of Information Shared/Sold
The following are categories of information we share. In subsequent updates to this Policy, this information may be removed.
- Personal and online identifiers (such as first and last name, email address, phone number, usernames or unique online identifiers, IDFA, AAID);
- Financial Account Information (such as credit card numbers, bank account information, PayPal account information);
- Customer Profile Information (such as race, gender, age range, income range, ad demographics);
- Transactional Information;
- Online Activity Information (such as browsing history, search history, interactions with a website, email, application, or advertisement);
- Non-Precise Geolocation Information (such as zip or area code, state, country);
- Precise Geolocation Information (such as home or billing address or latitude and longitude);
- Inferences drawn from the above information about your predicted characteristics and preferences; and
- Other information about you that is linked to the Personal Information above
With Whom We Share Your Personal Information
We may share your Personal Information with XCEL, their families 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;
- third parties to market their products or services to you if you have not opted out of these disclosures. We contractually require these third parties to keep Personal Information confidential and use it only for the purposes for which we disclose it to them; and
- advertisers, advertising networks and social networks that require the data to select and serve relevant advertisements to you and, in some cases, to others; and analytics and search engine providers that assist us in the improvement and optimization of the Service.
We may also 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;
- in the event of an emergency;
- in order to enforce or apply our Terms & Conditions and other agreements;
- to protect the rights, property, or safety of surlatable.com, Marquee, our customers, clients, or others; and
- with your prior consent.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:
- Promotional Email Offers from XCEL. If you do not wish to have your email address and/or contact information used XCEL to promote our own or third parties' products or services, you can opt-out by using the Unsubscribe link in the email you receive or by contacting us at firstname.lastname@example.org. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions, or you can follow the instructions in any email communication we send. This opt-out does not apply to information provided to XCEL as a result of a product purchase, warranty registration, product service experience, or other transactions.
- Promotional SMS/Text Offers from XCEL. You may elect to receive text messages from us. When you sign up to receive text messages, we will send you information about promotional offers and more. These text messages may use information automatically collected based on your actions while on our sites and may prompt messaging such as cart abandon messages. To the extent you voluntarily opt to have text notifications sent directly to your mobile phone, we receive and store the information you provide, including your telephone number or when you read a text message. You may opt out of receiving those messages at any time by replying STOP in response to receiving a text message. For more information about text messages, see our Terms & Conditions.
- 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) 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 a 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:
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.
Accessing, Correcting, and Deleting Your Information
Some states also grant you additional rights regarding accessing, correcting, and deleting Personal Information.
You can review and change your Personal Information by logging into the Website and visiting your account profile page.
You may also send us an email at email@example.com to request access to, correct, or delete some Personal Information that you have provided to us.
We cannot delete your Personal Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our Terms & Conditions.
Your California Privacy Rights
If you are a California resident, California law may provide you with additional rights regarding our use of your Personal Information, such as the right to opt-out.
If you do not want us to share your Personal Information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by clicking on the Do Not Sell My Personal Information link on our Website or by emailing us at firstname.lastname@example.org.
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.
To learn more about your California privacy rights, visit our CCPA addendum page.
Adult Use Only
Our Website is not intended for individuals under 18 years of age. No one under age 18 may provide any Personal Information to or on the Website. We do not knowingly collect Personal Information from individuals under 18. If you are under 18, do not use or provide any information on this Website or through any of its features; do register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use.
Information from individuals under 18. If you are under 18, do not use or provide any information on this Website or through any of its features; do register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use.
If we learn we have collected or received Personal Information from a person under 18 we will delete that information. If you believe we might have any information from or about a person under 18, please contact us at email@example.com.
We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Website. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
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.
We reserve the right to update this Policy from time to time. Any updates we may make to our 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. When we do, we will revise the “last revised” date at the top of this Policy. Please check back frequently to see any updates or changes to our Policy. If you do not agree or consent to these updates or changes, do not continue to use the Services.
If you have any remaining questions about how we treat your privacy, just let us know. You can contact us by:
- Emailing us at: firstname.lastname@example.org
- Mailing us at: XCEL, 1333 Broadway, New York, NY 10018