Privacy Policy

Pink Chicken, Inc. ("Pink Chicken New York”) Privacy Policy

 

This Privacy Policy describes how your personal information is collected, used, and shared when you visit a store, make a purchase from pinkchicken.com (the “Site”), or otherwise interact with us.   Pink Chicken New York (“we”, “us”, “our”) will not sell, share, or rent this information to others in ways different from what is disclosed in this privacy policy (as amended from time to time).  Pink Chicken New York reserves the right to change this policy at any given time, of which the Site will be promptly updated and your continued use of the Site shall serve as your consent to any such changes. Further, we may, from time to time, provide different or supplemental privacy notices in relation to particular programs, promotions, and activities.  In order to ensure that you are up to date with the latest changes to this policy, we advise you to frequently visit this page.

PERSONAL INFORMATION WE COLLECT

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”

• Transactional Purposes: We use your contact information, financial information, and commercial information to:
  • Receive, process, confirm, send and track your order, subscription or registration;
  • Communicate with you about your order, subscription or registration;
  • Process any subscription or registration you make to one of our services; and
  • Maintain your "Gift List" through your registry
• Analytical Purposes: We use your other identifying information, internet activity and browsing history, commercial information, demographic information, and geolocation data to analyze preferences, trends and statistics.
• Marketing and Promotional Purposes: We use your contact information, commercial information, demographic information, internet or other electronic activity, geolocation data, and inferences to:
  • Inform you of our new products, services and offers;
  • Provide you with targeted advertising;
  • Run contests, promotions and sweepstakes,
  • Provide you with our loyalty program including earning points and awarding and redeeming certificates; and
  • Provide you with other information from and about Williams-Sonoma, Inc. Brands, including personalized marketing communications.
• Maintenance and Improvement of Services and Website: We use your contact information, commercial information, and internet activity and browsing history to:
  • Provide and maintain our Design Lab services;
  • Provide and maintain functionality on our website, including our live chat or customer review features;
  • Handle your customer services requests; and
  • Help us diagnose technical and service problems and administer our stores, websites and apps.
• Review and Content Creation Purposes: We use your contact information, commercial information, and audio and visual information to enable reviews of our products and to display content that you have created and allowed us to display on our website and services and on social media.
• Security and Fraud Prevention: We use your contact information, other identifying information, commercial information, financial information, geolocation data, internet activity and browsing history, and inferences to protect this website, our company, and others and to prevent fraud, theft and misconduct.

Categories of Personal Information We Collect:

Sensitive Personal Information

Although the definition of “sensitive Information” varies from one state to the next, it generally includes customer’s driver’s license number, account log-in, password, debit/credit card number, geolocation, ethnicity, religion and other such information.  We will act in compliance with applicable law in terms of the collection of Sensitive Personal Information.

 

Information Source:

By placing an order online or in-store or taking advantage of any offers, customer account or sweepstakes. 

 

Identifiers

A customer’s real name, alias, postal address, unique personal identifier, online identifier, IP address, email address, account name, driver’s license number.         

 

Information Source:

Creating a profile, placing an order, registering for events or other programs, or utilizing the "Live Chat" feature on Site.  When you visit our Site or shop in our stores, this information is either automatically collected or is manually provided by the customer.

Commercial Information

Purchasing history of products or services purchased, obtained, or considered by a customer.

 

Information Source:

By placing an order online or in-store or taking advantage of any offers, customer account or sweepstakes. 

 

Internet Information

A customer’s browsing history, search history, information regarding their interaction with our Site or advertisement                                                    

 

Information Source:

By visiting our Site, shopping in our stores, or interacting with us on social media platforms or our advertisements.  This information may be automatically collected or manually entered by a customer.

 

Geolocation

When shopping on our website we collect geolocation data such as IP address.

 

Information Source:

We collect location data when your device is set to provide location information.

 

We Collect Device Information Using the Following Technologies:

• “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. Once you agree to allow the Site to use cookies, you also agree to use the data it collects regarding your online behavior (including analyzing web traffic, web pages on which you spend time, and websites you visit). The data we collect by using cookies is used to customize our Site to your needs.  For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.

 

• “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
  
• “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

Additionally when you make a purchase or attempt to make a purchase at a store or through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number).  We refer to this information as “Order Information.”

Order Information may also include information you provide when you enter a contest or promotion, report a problem with the Services or Products, provide responses to surveys, and records and copies of your correspondence, if you contact us.

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

Information From Third Parties:

 

We may collect your personal information from third parties, such as social media sites. We use the Google Maps service on our web sites and may use the Google Maps service, and other services, to collect geolocation data. We use this information to create greater ease of use in our checkout, including to suggest your shipping and billing address, or to help you find the closest store location. The Google Maps service is governed by Google's privacy policy located at www.google.com/policies/privacy. We may collect your identifying information from Facebook, in accordance with their terms of use and privacy policy.

 

HOW DO WE USE YOUR PERSONAL INFORMATION? 

We use the Order Information that we collect generally to fulfill any orders placed at a store or through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations).  Additionally, we use this Personal Information to:

Communicate with you;

Screen our orders for potential risk or fraud;

When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services; and

For any other purpose for which you provide consent.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

MINORS

Pink Chicken New York does not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 years of age or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Site.  If we learn that personal information from users under the age of 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records.  If you become aware of data we may have collected from a person under the age of 18, please contact us at customerservice@pinkchicken.com.  

If this policy changes, we will revise our privacy policy to comply with the requirements of the Children's Online Privacy Protection Act and any other applicable law.

WITH WHOM WE SHARE YOUR INFORMATION 

(in accordance with law, and preferences or opt-out requests provided by customer)

Internally Pink Chicken Parties

 

Categories of Information:  Sensitive Personal Information; Order Information; Identifiers; Commercial Information; Geolocation Information; and Internet Information.

 

Purpose:  To fulfill orders, maintain website, identify fraudulent behavior.

 

Our Service Providers

 

Categories of Information:  To the extent required to fulfill the services to be provided:  Certain Sensitive Personal; Order Information; Identifiers.

 

Purpose:  To fulfill orders and to maintain the Site.

 

Marketing Partners

 

Categories of Information:  Aggregated customer information; Identifiers; and Commercial Information

 

Purpose: To market the Company, the Site and its products.

 

Successor Entity

 

Categories of Information: Sensitive Personal Information; Order Information; Identifiers; Commercial Information; Geolocation Information; and Internet Information.

 

Purpose:  As an asset of the Company acquired by the Successor Entity.

 

Court or Government Entity

 

Categories of Information:  Sensitive Personal Information; Order Information; Identifiers; Commercial Information; Geolocation Information; and Internet Information.

 

Purpose: To the extent required to comply with applicable law.

 

CALIFORNIA PRIVACY RIGHTS

Shine the Light Information Request

California law permits our users who are California residents to request and obtain from us (once per year and free of charge) regarding the prior twelve (12) month period: 

• 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.
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • Sales, identifying the personal information categories that each category of recipient purchased; and
  • Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
• The specific pieces of personal information we collected about you (also called a data portability request).

If you are a California resident and would like to make such a request, please submit your request in writing to Pink Chicken New York using the contact information provided in this privacy policy.

Right to Opt Out of Sale or Sharing of Your Personal Information; Automated Decision Making; Use and Disclosure of Sensitive Personal Information

You have the right to opt out of the sale or sharing of any Personal Information including its use in Targeted or Behavioral Advertising.   You also have the right to opt out of automated decision making, including profiling, against any information we have collected about you.  You have the right to opt out of the disclosure of Sensitive Personal Information to a third party.

 

Right to Delete; Right to Correct Information

Further, under California Law, California residents have the right to request that we delete and/or correct any of your personal information that we collected from you and retained, subject to certain exceptions (the "Right to Delete"). Once we receive your request and confirm your identity, we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
5. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
6. Comply with a legal obligation.
7. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Once you have submitted your request, we will respond within the time frame permitted by the applicable law. We will delete or, to the extent possible, de-identify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

Right to Appeal

 

You have the right to appeal our decision to your request regarding your personal information. To do so, please contact us as directed in this policy. We respond to all appeal requests as soon as we reasonably can but may need the full timeframe afforded under applicable law.

 

Verification  

In accordance with law, we will need to verify your identity to confirm that the request came from you. We may contact you by phone or e-mail to verify your request. Depending on your request, in addition to your name, we may ask for an email address or telephone number used in association you’re your interactions with Pink Chicken as well as details regarding your interactions with us. 

 

Authorized Agent

California empowers its residents to designate an authorized agent to submit a request on your behalf to access or delete your personal information. In order to act through an authorized agent, you must: (1) provide that authorized agent written and signed permission to submit such request; and (2) verify your own identity directly with us. Please note, we may deny a request from an authorized agent that does not submit proof that they have been authorized by you to act on your behalf.

 

NO DISCRIMINATION

Pink Chicken New York will not discriminate against you for exercising any of your rights under the California Consumer Privacy Act (“CCPA”) or any other applicable privacy law (collectively, “Privacy Laws”). Unless permitted by the Privacy Laws, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

OTHER STATE PRIVACY RIGHTS

California is not the only state to enact privacy legislation.  During or prior to 2024, California, Colorado, Connecticut, Florida, Montana, Nevada, Oregon, Texas, Utah and Virginia enacted privacy legislation with varying standards and requirements.  For 2025, Iowa, Maryland, Minnesota, New Jersey, Nebraska, New Hampshire and Tennessee will each have its own privacy laws go into effect.  It is the intention of Pink Chicken to act in compliance with each of these laws and any other applicable law that may go into effect that impacts Pink Chicken’s operations and its collection, use, retention and destruction of consumer personal information. 

While California law requires its requirements to be called out expressly and separately, other states may have similar requirements but do not require policies to be drafted in the same manner.  Notwithstanding, for ease of administration and compliance purposes, our privacy policy provides each Pink Chicken customer comprehensive rights similar to those provided to California residents follows:

 

You may request and obtain from us (once per year and free of charge) regarding the prior twelve (12) month period: 

• 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.
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • Sales, identifying the personal information categories that each category of recipient purchased; and
  • Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
• The specific pieces of personal information we collected about you (also called a data portability request).

Right to Opt Out of Sale or Sharing of Your Personal Information; Automated Decision Making; Use and Disclosure of Sensitive Personal Information

You have the right to opt out of the sale or sharing of any Personal Information including its use in Targeted or Behavioral Advertising.   You have a right to opt out of any form of automated processing performed on personal information to evaluate, analyze or predict personal aspects related to your economic situation, health, personal preferences, interests, reliability, behavior, location or movements (“Profiling”). You have the right to opt out of the disclosure of Sensitive Personal Information (as such term is defined by your state of residence) to a third party.

 

However, we will not be able to opt you out of Profiling where one of the following exceptions applies:

• Legal: to comply with applicable laws, rules or regulations; to comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by governmental authorities; to cooperate with law enforcement; to investigate, exercise, prepare for or defend actual or anticipated legal claims; or to assist another party with any of its obligations under applicable laws;
• Security: to prevent, detect, protect against, or respond to security incidents, identity theft, fraud, harassment, or malicious, deceptive, or illegal activity; preserve the integrity or security of systems; or investigate, report, or prosecute those responsible for any such action;
• Internal use: to conduct internal research to improve, repair or develop products, services or technology;
• Transactional: to provide a product or service specifically requested by you; to complete a transaction with you or to complete a contract we have with you; and
• Public Interest: to protect your vital interests or those of another individual.

 

Right to Delete; Right to Correct Information

Further, you have the right to request that we delete and/or correct any of your personal information that we collected from you and retained, subject to certain exceptions (the "Right to Delete"). Once we receive your request and confirm your identity, we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
5. Comply with a legal obligation.
6. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Once you have submitted your request, we will respond within the time frame permitted by  applicable law. We will delete or, to the extent possible, de-identify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

Right to Appeal

 

Depending on your state of residence in the U.S., you may be able to appeal our decision to your request regarding your personal information. To do so, please contact us as directed in this policy. We respond to all appeal requests as soon as we reasonably can but may need the full timeframe afforded under applicable law.

 

Verification  

In accordance with law, we will need to verify your identity to confirm that the request came from you. We may contact you by phone or e-mail to verify your request. Depending on your request, in addition to your name, we may ask for an email address or telephone number used in association you’re your interactions with Pink Chicken as well as details regarding your interactions with us. 

 

Authorized Agent

California empowers its residents to designate an authorized agent to submit a request on your behalf to access or delete your personal information. In order to act through an authorized agent, you must: (1) provide that authorized agent written and signed permission to submit such request; and (2) verify your own identity directly with us. Please note, we may deny a request from an authorized agent that does not submit proof that they have been authorized by you to act on your behalf.

 

NO DISCRIMINATION

Pink Chicken New York will not discriminate against you for exercising any of your rights under any applicable Privacy Laws. Unless permitted by the Privacy Laws, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

SHARING YOUR PERSONAL INFORMATION

While we will not sell your Personal Information to third parties, we do share your Personal Information with third parties to help us use your Personal Information, as described above.  For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here:  https://www.shopify.com/legal/privacy.  We also use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here:  https://www.google.com/intl/en/policies/privacy/.  You can also opt-out of Google Analytics here:  https://tools.google.com/dlpage/gaoptout.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

Notwithstanding the above, we may disclose aggregated information (that does not identify any individual) about our users without restriction.  We may combine information you give us online, in our stores, or through our catalogs. We may also combine that information with publicly available information and information we receive from or cross-reference with third parties. We use that combined information to enhance and personalize your shopping experience with us, to communicate with you directly about our products and events that may be of interest to you, and for other promotional and commercial purposes.

 

BEHAVIORAL ADVERTISING

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you.  For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work as well as https://www.aboutads.info/choices/. We also provide you with additional tools to opt out of marketing from us or certain transfers of your information as set out in this Privacy Policy.

Opting Out Of Marketing

 

We want to communicate with you only if you want to hear from us. If you prefer not to receive direct marketing from us, please let us know. You can utilize the Pink Chicken contact information provided in this policy to make an opt out request.  If you would like to update or correct your email, mailing address or other contact information with us please contact us the same way.  To the extent there are “unsubscribe” links in emails or advertisements, you may utilize that mechanism to opt-out of continued marketing.

 

You can opt out of targeted advertising by: 

FACEBOOK - https://www.facebook.com/settings/?tab=ads

GOOGLE - https://www.google.com/settings/ads/anonymous

BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at:  http://optout.aboutads.info/.

DO NOT TRACK

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

DATA RETENTION

 

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information or as otherwise required under applicable law.  We will store your personal information only for as long as is reasonably necessary to fulfill the purposes described in this Privacy Policy or as required by law.  Typically, we retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.

 

CANADIAN RESIDENT RIGHTS

Residents of Canada can control the use of cookies and other online tracking technologies on our website by us and by third parties (including advertisers and marketing partners, data analytics providers, and social media networks) through our consent management tools. Depending on your province of residence, the consent management tool may be available through the “Cookie Preferences” link at the bottom of our website or through a banner that presents itself when you visit the website or open the mobile applications.

 

If you are a resident of Canada, you have the right to request access to your personal information, to have your personal information rectified if it is inaccurate, incomplete or out of date, and to withdraw your consent to our collection, use, and disclosure of your personal information (including or use or sharing of your personal information for marketing or other secondary purposes). These rights may be limited in some circumstances by applicable law.  Further, If you are a resident of Canada, you may have the right to complain to a privacy commissioner about our decision with respect to your request.

 

EUROPEAN RESIDENT RIGHTS

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information set forth in this privacy policy.

Additionally, we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed within this privacy policy.  Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

DATA SECURITY

We maintain physical, electronic, and procedural safeguards to protect the confidentiality and security of information transmitted to us. To guard your information delivered to us electronically, our web sites use Secure Sockets Layer (SSL). SSL encrypts your credit card number, name and address so only we are able to decode your information. While we strive to protect your contact information, to the extent permitted by law, we do not guarantee or warrant the security of any information you transmit to or from our Site.  No security safeguards or standards are guaranteed to provide 100% security. You should always use appropriate self-protection measures and practice safe browsing on all websites.

 

LINKS TO OTHER WEBSITES

Our Site may contain links that lead to other websites. If you click on these links, Pink Chicken New York is not responsible for your data and privacy protection while using those other websites.  Visiting those websites is not governed by this privacy policy. Make sure to read the privacy policy of any website you linked to from our Site.

SALE OR BANKRUPTCY

Notwithstanding any statements to the contrary in this privacy policy, we may transfer your information to a successor entity in the event that Pink Chicken New York reorganizes, sells all or a portion of our assets, undergoes a merger or is acquired by another entity.  If we go out of business or enter bankruptcy, your information would be considered an asset transferred or acquired by a third party.  By use of our Site, you acknowledge that such transfers may occur and that the transferee may decline to honor commitments we have made in this privacy policy.

LEGAL COMPLIANCE; PRIVACY POLICY CHANGES

Notwithstanding any provision of this Privacy Policy, Pink Chicken will comply with applicable law in each circumstance.  As such, we may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.  It is our policy to post any changes we make to our privacy policy on this page.  The date the privacy policy was last revised is identified at the bottom of the page. You are responsible for periodically visiting our website and this privacy policy to check for any changes.  The new policy will apply to all current and past users of our web sites and will replace any prior policies that are inconsistent. Your continued use of our Site or other services constitutes your acceptance of the practices described in the revised Privacy Policy.

 

PINK CHICKEN CONTACT INFORMATION

To exercise any of your privacy policy rights including to request information, correct information, op-out of targeted advertising,  delete your customer information, or to submit an appeal, please submit a request utilizing the following contact information:

Email:  customerservice@pinkchicken.com

Telephone:

Postal Mailing Address:  307 7th Avenue, Suite 1601, New York, NY, 10001, United States

For more information about our privacy practices and procedures, if you have questions, or if you would like to make a complaint, please contact us by e-mail or letter utilizing the contact information above.

DATED:  December 17, 2024