Appendix A: Privacy Notice for California Residents

 

Effective Date: January 1, 2020

This Privacy Notice for California Residents (“California Privacy Notice”) supplements the information contained in Skechers’ Privacy Notice, and applies to individuals who reside in the State of California (“consumers” or “you”) and whose Personal Information SKECHERS has collected.  Any terms defined in the California Consumer Privacy Act of 2018 (“CCPA”) have the same meaning when used in this notice.  Any capitalized terms not defined in this Appendix or in the CCPA have the meaning provided in the Privacy Policy. 

Personal Information Collected (By Categories Set Forth In CCPA). During the preceding 12 months, we have collected the following categories of personal information about California Consumers (including, but not limited to, customers, job applicants and/or employees):

  • Identifiers (including, for example, names, email addresses, postal addresses, loyalty account numbers, and IP addresses);
  • “Personal Information” as defined in California Civil Code section 1798.80, subsection (e) (such as names, physical characteristics (e.g., shoe size), address, and telephone numbers);
  • Characteristics of protected classifications under California or federal law (for example, gender-related shoe or apparel sizes);
  • Commercial information (such as records of products you purchased);
  • Biometric information, defined in the CCPA to include an individual’s biological characteristics that can be used singly or in combination with other identifying data, to establish individual identity (for example, images recorded on security video);
  • Internet or other electronic network activity information (such as website usage details, your IP address, or the equipment you use to access our website);
  • Geolocation data (for example, a particular store at which you signed up for a Skechers customer loyalty program or information about your location while visiting our web site that is used to identify stores near you);
  • Audio, electronic, visual, thermal, olfactory, or similar information (such as images recorded on security video);
  • Education information (if you choose to apply for employment at SKECHERS);
  • Professional or employment-related information (if, for example, you choose to apply for employment at SKECHERS or if you purchase SKECHERS products through a program with your employer);
  • Inferences drawn from any of the information identified above to create a profile about a consumer reflecting, for example, the consumer’s preferences, characteristics, or predispositions (for example, products you have viewed or added to your cart on our web site).

Personal Information Disclosed For A Business Purpose (By Categories Set Forth In CCPA).  During the preceding 12 months, we have disclosed the following categories of personal information about California Consumers (including, but not limited to, customers, job applicants and/or employees) for a business purpose (such as to perform services on our or a service provider’s behalf or to detect or protect against illegal or fraudulent activity):

  • Identifiers (including, for example, names, email addresses, postal addresses, loyalty account numbers, and IP addresses);
  • “Personal Information” as defined in California Civil Code section 1798.80, subsection (e) (such as names, physical characteristics (e.g., shoe size), address, and telephone numbers);
  • Characteristics of protected classifications under California or federal law (for example, gender-related shoe or apparel sizes);
  • Commercial information (such as records of products you purchased);
  • Biometric information, defined in the CCPA to include an individual’s biological characteristics that can be used singly or in combination with other identifying data, to establish individual identity (for example, images recorded on security video);
  • Internet or other electronic network activity information (such as website usage details, your IP address, or the equipment you use to access our website);
  • Geolocation data (for example, a particular store at which you signed up for a Skechers loyalty program or information about your location while visiting our web site that is used to identify stores near you);
  • Audio, electronic, visual, thermal, olfactory, or similar information (such as images recorded on security video);
  • Education information (if you choose to apply for employment at SKECHERS);
  • Professional or employment-related information (if, for example, you choose to apply for employment at SKECHERS or if you purchase SKECHERS products through a program with your employer);
  • Inferences drawn from any of the information identified above to create a profile about a consumer reflecting, for example, the consumer’s preferences, characteristics, or predispositions (for example, products you have viewed or added to your cart on our web site).

Your Rights and Choices 

The CCPA provides California residents with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that Skechers disclose certain information to you about our collection and use of your Personal Information over the past 12 months:

  • The categories of Personal Information we collected about you.
  • The categories of sources for the Personal Information we collected about you.
  • Our business or commercial purpose for collecting or selling that Personal Information.
  • The categories of third parties with whom we share that Personal Information.
  • The specific pieces of Personal Information we collected about you (also called a data portability request).
  • If we sold your Personal Information, the categories of Personal Information that each category of recipient purchased; and
  • If we disclosed your Personal Information for a business purpose, the categories of Personal Information that each category of recipient obtained.

To make such a request, you may either call (800) 746-3411 or submit a request by emailing us at privacy@skechers.com.  Please note that your request is subject to verification, and that we are not obligated to provide personal information in response to such a request if a consumer makes more than two requests in a 12-month period.

Deletion Request Rights 

You have the right to request that Skechers delete any of your Personal Information, and that we direct any service providers to do the same.   To make such a request, you may either call (800) 746-3411 or submit a request by emailing us at privacy@skechers.com.  Please note that your request is subject to verification.

A request to delete your data is different than a request to unsubscribe from emails you may receive from Skechers; unsubscribing from emails will not result in Skechers deleting your Personal Information.  Likewise, deleting your online account is not the same as a request to delete your Personal Information and will not result in a deletion of all your data from Skechers systems.  If you want Skechers to delete your Personal Information, please submit a deletion request using the instructions provided above.  

Skechers will attempt to respond to your request to delete within 45 days of receiving your request, although we may require an additional 45 days.  In order to be able to process returns, Skechers may retain payment token data for up to 120 days.  For record-keeping purposes, Skechers will retain records of your request to delete, or any other request under the CCPA, and Skechers’ response for a period of at least 24 months.

We also reserve the right to deny your request if your personal information is required to:

  1. Complete the transaction for which the Personal Information was collected;
  2. Provide a Product requested by you;
  3. Continue the ongoing business relationship with you within the reasonably anticipated context of that relationship;
  4. Perform a contract between you and SKECHERS;
  5. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity;
  6. Debug to identify and repair errors that impair existing intended functionality;
  7. Exercise free speech, ensure the right of another California resident to exercise his or her right of free speech, or exercise another right provided for by law;
  8. Comply with the California Electronic Communications Privacy Act;
  9. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws;
  10. To enable solely internal uses that are reasonably aligned with the expectations of you based on your relationship with us;
  11. Comply with legal obligations;
  12. Otherwise to be used internally in a lawful manner that is compatible with the context in which you provided the Personal Information; or
  13. Provide employment and related benefits.

Right to opt out

If you are a California resident, you have the right to opt out of having your personal information sold to third parties. If you are a California resident under the age of 16 but at least 13, you have the right to only have your information sold if you opt in and affirmatively authorize the sale of your personal information; if a California-resident child is less than 13, then the child’s parent or guardian must opt in and affirmatively authorize the sale of personal information.  Our current practice is to not sell your Personal Information for monetary or other valuable consideration and we have not done so in the preceding 12 months.  As described above in this notice, we may share your personal information with third parties, such as when we pay a service provider to assist us with processing your Personal Information and receive that service in return.

Right of non-discrimination

You have a right to exercise your rights under the CCPA without being subject to discrimination, including, but not limited to, by:

  • Denying you goods or services;
  • Charging you different prices or rates for goods or services;
  • Providing you a different level or quality of goods or services; or
  • Suggesting you will receive a different price or rate for goods or services or a different level of quality of goods or services.

This right does not prohibit a business from charging a consumer a different price or rate, or from providing a different level or quality of goods or services, if that difference is reasonably related to the value provided to the business by the consumer’s data.  In certain instances, we may need your information to provide you with a particular service.  For example, if you decide to join SKECHERS Elite or another Skechers loyalty program, you will need to provide us with certain information about yourself.  To provide you with the benefits of the loyalty program, we may need to have that information on file.  If you request that we delete that information, we will honor that request, but we may not be able to provide you with the benefits of the loyalty program account.