Date of Last Revision: December 30, 2019

This Privacy Policy (“Privacy Policy”) outlines how American Giant (“American Giant”, “we”, “our” or “us”), collects Personal Information (defined below) from users of our website: www.american-giant.com (the "Site"), and how that information is used and disclosed.

1. INTRODUCTION.

We strive to respect privacy and we recognize the need for appropriate protection and management of any Personal Information that is shared with us as part of using our Site. As used in this Privacy Policy, “Personal Information” means any information relating to an identified or identifiable person.

Our Site may contain links to third-party websites, products, services, and advertisements that are not owned or controlled by American Giant. We are not responsible for the privacy practices or the content of those third party websites, products, services, and advertisements, and you visit them at your own risk.

If you are a California resident, please see Section 8 (California Residents) for information regarding your rights under California law.

2. CATEGORIES OF PERSONAL INFORMATION WE COLLECT.

We and our third party service providers may collect the below categories of Personal Information when you use our Site or participate in our promotions: 

  • Name;
  • Billing and shipping address;
  • Email address;
  • Username;
  • Password;
  • Phone number;
  • Payment information;
  • Communications you send to us;

3. WHEN PERSONAL INFORMATION IS COLLECTED.

Our Site may invite you to submit Personal Information in the following ways:

(a) Contact Information.

When you visit the Site, you may be presented with opportunities to provide Personal Information that allows us to keep in contact with you. For example, when you create or update an account or profile; purchase American Giant products; or participate in a survey, contest, sweepstakes, or other promotion. American Giant uses such information to inform you of technical information regarding our Site, to subscribe you to newsletters and other communications, and to distribute promotional materials to you. If you no longer wish to receive these communications via email, the opt-out process is described in Section 7 of this Privacy Policy. You may also unsubscribe from any email by following the unsubscribe instructions found within that email. However, as described in Section 7 of this Privacy Policy, you cannot opt-out of receiving transactional emails related to your account with us or your use of our Site.

(b) Application for Employment.

Our Site allows users to submit an application for employment by email. If you submit an application for employment, we may request some or all of the Personal Information listed in Section 2, above. We request this information to process your application in accordance with our internal hiring practices and to comply with applicable employment law.

(c) Document Submissions.

Our Site allows users to email documents to us relating to their application for employment (namely, a resume and cover letter). If you choose to send documents of this nature to us, you may disclose certain Personal Information through the Site as a product of your submission. American Giant uses commercially reasonable efforts to ensure the appropriate administrative, physical, and technical safeguards are in place as it relates to the Personal Information you provide through our Site as part of any document submission. 

(d) Site Login Information.

We process the username and password of users to enable secure logging into our Site, and we process information regarding your role to appropriately control access to restricted content. We process this Personal Information only as necessary to provide our Site under our Terms of Use and to further our legitimate interests in protecting our Site and content.

(e) Payment Information.

When you purchase products from us, third party service providers acting on our behalf process payment information, including payment card details and billing and shipping addresses, to help us fulfill your orders.  Any Personal Information collected by such third parties will be subject to the third party’s privacy policy, rather than this Privacy Policy.

(f) Third Party Providers.

Please note that we use certain third party service providers on our Site to enhance your experience or deliver certain features, functionality, products, and services to you. These third party service providers may collect Personal Information about you when they are performing services on our behalf and/or when you are using certain functions on our Site that are operated by these third parties. Any information, including Personal Information, collected by such third party service providers will be subject to those third parties’ privacy notices or privacy policies, rather than this Privacy Policy. For more information related to our third party service providers, please see Section 6(a) of this Privacy Policy.

(g) Social Media.

We have worked with certain third party social media providers to offer you their social networking services through our Site. For example, you can use third party social networking services to share information about your experience on our Site with your friends and followers on those social networking services. These social networking services may be able to collect information about you, including your activity on our Site. These third party social networking services also may notify your friends, both on our Site and on the social networking services themselves, that you are a user of our Site or about your use of our Site, in accordance with applicable law and their own privacy policies. If you choose to access or make use of third party social networking services, we may receive information about you that you have made available to those social networking services, including information about your contacts on those social networking services.

4. INFORMATION COLLECTED AUTOMATICALLY

Certain information on our Site is collected automatically by means of various software tools, as described below. We have a legitimate interest in using such information to assist in systems administration, information security, abuse prevention, to understand the usage of our Site, to analyze the effectiveness of our Site, and to improve our Site and your experience. Alone or in combination with other information, some or all of the automatically collected information may constitute Personal Information under certain laws pertaining to data privacy depending on where you live.

Some of our third party service providers may also use cookies or other methods to gather information regarding your use of our Site. These third party service providers may use these cookies or other tracking methods for their own purposes by relating information about your use of our Site with any Personal Information about you that they may have. The use of this information, including any Personal Information they may have about you, by these third party service providers is subject to those third parties’ privacy notices or privacy policies, rather than this Privacy Policy.

(a) Log Files On Our Site. 

We maintain certain log files relating to the access and use of our Site. The information inside the log files includes internet protocol addresses, type of browser, Internet Service Provider, date/time stamp, clicked pages, the referring site (if applicable), screen resolution, color, and depth, and any other information your browser may send to us (collectively, “Log Data”). This Log Data may be used to see which areas and features are most popular, to count the number of computers accessing the Site, to personalize your experience, and to remember your preferences. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the purposes provided in this Privacy Policy.

(b) Cookies.

We use cookies, which are small pieces of data stored in text files, to make interactions with our Site easy, efficient, and meaningful. When you visit our Site, our servers may send a cookie to your computer or other device. Standing alone, cookies do not personally identify you; they merely recognize your web browser. Unless you choose to identify yourself to us, either by responding to an email, opening an account, or filling out a web form, you remain anonymous to us. We may use cookies that are session-based or persistent. Session cookies exist only during one session – meaning, they are downloaded to your web browser when you visit our Site, but then they disappear from your computer/device when you close your browser software or turn off your computer/device. Persistent cookies, on the other hand, are used for multiple visits to our Site and remain on your computer/device after you close your browser or turn off your computer/device.

Most modern browsers allow you to change your cookie settings. You can usually find these settings in the options or preferences menu of your browser. To understand these settings, the following links for commonly used browsers may be helpful, or you can use the help option in your browser for more details:

Cookies may be set by us when you are visiting or using our Site (these are “first party cookies”) or by third parties, like our third party service providers and/or by third parties, such as those who serve content or provide advertising or analytics services on the website (“third party cookies”). If you are primarily concerned about third party cookies generated by advertisers, you may be able to turn these off by going to the Your Online Choices or by visiting the Network Advertising Initiative’s Opt-out page, where you may be able to control third party online advertising. Please note that there are more networks listed on those sites than we may use as part of our Site. If you would like to find out more about cookies and their use on the internet, you may find the following links useful:

Please note that if you disable your web browser’s ability to accept cookies, you may not be able to access certain features or services of the Site.

(c) Do Not Track Signals.

Please note that our Site may not recognize automated browser signals regarding tracking mechanisms, such as “do not track” instructions. American Giant does not currently track users of our Site across third party websites to provide targeted advertising. Accordingly, we do not currently respond or take any action with respect to a web browser’s "do not track" signal or other mechanisms that provide consumers the ability to exercise choice regarding the collection of Personal Information about an individual consumer’s online activities over time and across third party websites or online products/services.

(d) Analytics Service.

We may use certain third party analytics services to improve the functionality, features, or delivery of our Site. We may also use these analytics services to record mouse clicks, mouse movements, scrolling activity, as well as any text that you type into our Site. For example, we use Google Analytics on our Site to track user trends and usage. For more information on Google Analytics’ processing of Personal Information as it relates to our Site, please see http://www.google.com/policies/privacy/partners/. By using a browser plugin provided by Google, you can opt out of Google Analytics. 

5. THE PURPOSES FOR WHICH WE USE PERSONAL INFORMATION.

If you submit or we collect Personal Information through our Site, then such Personal Information may be used to:

  • Provide the Site and otherwise process transactions on the Site;
  • Provide support for the Site;
  • Develop and improve products and services;
  • Inform users about products or services we think will be of interest; and
  • Allow users to connect or search for other customers that share similar interests.

6. HOW WE DISCLOSE PERSONAL INFORMATION.

We do not sell, lease, rent or otherwise disclose the Personal Information collected from our Site to third parties unless otherwise stated in this Privacy Policy or unless you otherwise consent to us doing so. The following sets forth when and where we disclose Personal Information collected through our Site:

(a) Third Party Service Providers.

We transfer Personal Information to our third party service providers who manage our customer information and perform services on our behalf, such as fulfilling promotions, sending communications to our customers, conducting surveys, etc. We do not authorize these service providers to make any other use or disclosure of your information. We may also conduct business with certain third parties to jointly offer products, services, contests, or promotions to our customers. For example, we may transfer our mailing list to certain third party providers to send catalogues or other direct mail that may be of interest to you. We do not control these third parties’ use of Personal Information we collect, and their use of the Personal Information will be in accordance with their own privacy notices or privacy policies.

(b) Advertisers.

From time-to-time, we engage third parties to provide advertising services to assist us in advertising our brand and Site. Those advertising services may target advertisements on third party websites and apps based on cookies or other information indicating previous interaction with our Site.

(c) De-Identified and Aggregated Information.

To better serve you and improve our Site, American Giant may conduct research utilizing certain anonymized Personal Information in statistical form. This research may be compiled and analyzed on an aggregate basis, and we may share this de-identified or aggregated information with our affiliates and third parties with whom we do business. This de-identified or aggregate information does not identify a user personally. American Giant may also disclose de-identified or aggregated information in order to describe our Site to current and prospective third parties with whom we conduct business and to other third parties for other lawful purposes.

(d) In the Event of Merger, Sale, or Change of Control.

We may transfer or assign this Privacy Policy and any Personal Information to a related or third party entity as part of a merger, acquisition, sale, or other change of control of our business, assets, or stock, including in connection with any bankruptcy or similar proceedings.

(e) Other Disclosures.

We may disclose Personal Information if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (1) comply with any applicable law, regulation, legal process or governmental request; (2) detect, prevent, or otherwise address fraud or security issues; or (3) protect against harm to the rights, property or safety of American Giant, our users, or the public.

7. YOUR CHOICES.

If you are a California resident, please see Section 8 (California Residents).

When we use your Personal Information in our marketing efforts, we provide you with choices. To opt-out of receiving marketing or other promotional communications from us, to access, change or delete your personal information maintained by us, or to otherwise change your choices about how we use your Personal Information, we provide you with the following options: you may (1) follow the “Unsubscribe” instructions contained in the communication from us; (2) e-mail us at service@american-giant.com or (3) write to us at the following address with your request:

American Giant
ATTN: Customer Service
161 Natoma St.
San Francisco, CA 94105

Opt-out requests will not apply to transactional service messages, including security alerts and notices about your current account, purchases, and services.

8. CALIFORNIA RESIDENTS.

The state of California provides its residents with certain rights concerning their Personal Information. This section describes how you may exercise your rights for Personal Information that we collect through the Site and offline.

(a) Categories of Personal Information Subject to California Privacy Rights.

In accordance with California law, we collected (through the Site and offline) the following categories of Personal Information within the preceding 12 months:

  • Identifiers such as your name, alias, email address, or mailing address;
  • Internet or other electronic network activity information, including information on your usage of our Site;
  • Professional or employment-related and education information (if you apply for a job);
  • Commercial information, including records of products or services purchased or other purchasing histories.

We share each of these categories of Personal Information with our service providers to the extent necessary to provide their services and as otherwise described in Section 6, above.

(b) Your California Privacy Rights.

In accordance with California law, California consumers may exercise the following rights with respect to their Personal Information:


Privacy Right

Description

Access

You have the right to request information on the categories of Personal Information that we collected in the previous twelve (12) months, the categories of sources from which the Personal Information was collected, the specific pieces of Personal Information we have collected about you, and the business purposes for which such Personal Information is collected and shared. You also have the right to request information on the categories of Personal Information which were disclosed for business purposes, and the categories of third parties in the twelve (12) months preceding your request for your Personal Information. 

Data Portability

You have the right to receive the Personal Information you have previously provided to us. 

Erasure

You have a right to request us to delete Personal Information that we collected from you. However, please be aware that we may not fulfill your request for deletion if we (or our service provider(s)) are required to retain your Personal Information for one or more of the following categories of purposes: (1) to complete a transaction for which the Personal Information was collected, provide a good or service requested by you, or complete a contract between us and you; (2) to ensure our website integrity, security, and functionality; (3) to comply with applicable law or a legal obligation, or exercise rights under the law; (4) to otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.

Right to Opt-Out

You have a right to opt-out of certain disclosures of Personal Information to third parties, if such disclosures constitute a “sale” under California law.  As noted above, we enable advertisers to collect certain information from the Site, which the advertisers may use to improve their interest-based advertising networks.  Regardless of whether this is a “sale,” you may opt-out of interest-based advertising by going to the Your Online Choices or by visiting the Network Advertising Initiative’s Opt-out page.

 

If you would like to exercise your rights listed above, please send (or have your authorized agent send) an email to service@american-giant.com or call us at 1-800-917-7010. You have a right not to receive discriminatory treatment by any business when you exercise of your California privacy rights.

While we take measures to ensure that those responsible for receiving and responding to your request are informed of your rights and how to help you exercise those rights, when contacting us to exercise your rights, we ask you to please adhere to the following guidelines:

  • Tell Us Which Right You Are Exercising: Specify which right you want to exercise and the Personal Information to which your request relates (if not to you). If you are acting on behalf of another consumer, please clearly indicate this fact and your authority to act on such consumer’s behalf;
  • Help Us Verify Your Identity: Provide us with information to verify your identity. For example, provide us (at a minimum) your phone number or email address. If your phone number or email address appears in our records, we may contact you to help confirm that you are making the request. Please note that if we cannot initially verify your identity, we may request additional information to complete the verification process. Any Personal Information you disclose to us for purposes of verifying your identity will solely be used for the purpose of verification;
  • Direct Our Response Delivery: Please provide us with an e-mail or mailing address through which we can provide our response. If you make the request by email, unless otherwise requested, we will assume that we can respond to the email address from which you made the request;

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of Personal Data about you by American Giant to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to service@american-giant.comor call us at 1-800-917-7010.

9. RETENTION OF PERSONAL INFORMATION.

We reserve the right to retain any Personal Information as long as the Personal Information is needed to: (a) fulfill the purposes that are described in this Privacy Policy, and (b) comply with applicable law.

10. DATA SECURITY.

The security of Personal Information is important to us. We use reasonable security measures in an effort to prevent loss, misuse, unauthorized access, disclosure, destruction and alteration of information while it is under our control. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect Personal Information, we cannot guarantee its absolute security.

11. CHILDREN'S PRIVACY.

We encourage parents to take an active interest in their children’s use of the Internet. We do no target and do not knowingly collect any Personal Information from children under the age of thirteen (13). When a user discloses Personal Information on our Site, the user is representing to us that he or she is at least thirteen (13) years of age. If at any point it is brought to our attention that we have collected the Personal Information of an individual under the age of thirteen (13), we will take commercially reasonable steps to permanently delete such information.

12. INTERNATIONAL USERS.

Please note that our Site is directed towards users who reside in the United States. By using our Site, you consent to the collection, storage, processing, and transfer of Personal Information in and to the United States, or other countries and territories, pursuant to the laws of the United States. While some of these countries may not offer the same level of privacy protection as your own, we commit to uphold the privacy protections as explained in this Privacy Policy.

14. CHANGES TO THIS PRIVACY POLICY.

As our company changes over time, this Privacy Policy is expected to change as well. We reserve the right to amend the Privacy Policy at any time, for any reason, without notice to you, other than the posting of the amended Privacy Policy on our Site. We may e-mail periodic reminders of our notices and terms and conditions, but you should check our Site frequently to see the current Privacy Policy that is in effect and any changes that may have been made to it.

15. CONTACT US.

If you have any questions about this Privacy Policy, please contact us at: service@american-giant.com