These terms and conditions of use (the “terms”) set forth the terms on which Stussy Inc. (“Stussy”) provides you access to this web site (“Site”). You should read the terms carefully before using the site. By using the site, you acknowledge that you have read and that you agree to abide by the terms, including the privacy policy incorporated herein by reference. If at any time you no longer agree to be bound by these terms, you should immediately cease use of this site.

DISCLAIMER

You expressly acknowledge that your use of this site is at your sole risk. Stussy is providing this site and its contents on an “as is, as available” basis and makes no representations of warranties of any kind with respect to this site or its contents. To the maximum extent permitted by law, Stussy disclaims all such representations and warranties, including but not limited to warranties of merchantability and fitness for a particular purpose – some jurisdictions do not allow the exclusion of implied warranties in certain circumstances, so the above exclusion may not apply to you. In addition, Stussy does not represent or warrant that the information or merchandise provided through this site is accurate, complete or current.

Products, price and availability information are subject to change at any time without notice. The prices listed on this Site are not offers to form a contract but merely an advertisement for offers. Except as specifically stated on this Site, under no legal theory, tort, contract or otherwise shall Stussy nor any of its directors, officers, employees, related companies, subsidiaries, merchants, content providers or any other party involved in the creation or maintenance of this site be liable for the following arising out of or in connection with the use of or inability to use this site: indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you. Stussy also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

TRADEMARKS

Stussy is a registered trademark in the United States and other countries. Stussy trademarks may not be used without the written permission of Stussy and specifically should not be used in connection with any other product or service, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Stussy.

Any rights not expressly granted herein are reserved.

COPYRIGHT AND PROPRIETARY RIGHTS

All information, including, without limitation the design of the Site, and all information, text, graphics, images, illustrations, logos, designs, icons, photographs, video clips, and written or other materials software and all HTML, CGI and other codes and scripts in any format used to implement, or featured on, the Site (‘Content’) are the property of Stussy, its merchandise suppliers, or its licensors. The overall design and appearance of this Site is the proprietary trade dress of Stussy, Inc.

The Content of this Site is for personal use only. Permission is granted to electronically copy and to print in hard copy portions of this Site for the sole purpose of placing an order with Stussy. You may not copy, modify, upload, download, transmit, (re)publish, create derivative works from, sell, re-sell or otherwise distribute or exploit any Content from the Site except as expressly permitted by these Terms. Doing so will violate Stussy Inc.’s copyright, trademark and other proprietary rights.

All Content on the Site is protected by United States copyright, trademark and other laws and applicable international treaties and conventions governing intellectual property law. Any and all trademarks, logos, page headers, custom graphics, button bars, service marks and trade names which Stussy uses in connection with the Site shall remain the exclusive property of Stussy. Nothing contained in the Terms shall be deemed to give you any rights in or to any intellectual property of Stussy. All other trademarks, product names and company names or logos on the Site are the property of their respective owners.

COMMUNICATIONS PROVIDED BY USER

Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Stussy or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Stussy is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. By posting any communication or material on the site, you grant Stussy and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments in an unlimited manner. You also grant Stussy and its affiliates and sublicensees the right to use the name that you submit with any review or comment, if any, in connection with such communication.

SITE CONTENTS

LINKS TO THIRD PARTY SITES

The Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Stussy and it is not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Stussy is not responsible for webcasting or any other form of transmission received from any Linked Site. Stussy is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Stussy of the Linked Site or any association with its operators.

SHOPPING

Stussy does not guarantee, warrant or endorse any product or service not manufactured or performed by Stussy, nor do we have any liability or responsibility for the quality or performance of any product or service not manufactured or performed by Stussy. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access Stussy.

ORDER ACCEPTANCE

The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Stussy reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.

Upon submission of your order, you will receive a confirmation of receipt by email however, until you receive a shipping confirmation or, in the alternative, until the Products ordered are actually shipped.

Prior to sending such shipping confirmation, the COMPANY reserves the right to reject an order based on lack or limitation of availability of Products ordered.

ORDER PROCESSING

Orders placed on stussy.com are processed Monday–Friday 8:00am – 3:00pm PST and shipped within 3-7 business days. Excluding the weekend and major holidays. Once your order is processed and shipped, you will receive an email notification with your tracking information.

Disclaimer: Cancellation and address modification requests for orders placed on Friday-Sunday or non-business days will not be accepted.

FINAL SALE

All products and orders marked as “FINAL SALE” are not eligible for order cancellations, modifications, returns, or refunds

Free shipping thresholds are based off of product purchase price and do not include the sales tax where applicable.

NO PURCHASE FOR RESALE

You may place orders in our Online Shop only to the extent that you are a retail customer and not a wholesaler, distributor or any agent or representative of other business entities. By ordering merchandise, you agree that you are purchasing for personal use and not for resale.  We reserve the right to refuse any orders without warning or explanation.

BULK PURCHASING 

For orders purchased in bulk, Stussy reserves the right to refuse cancellation and return requests.

Free shipping is excluded for orders purchased in bulk. Stussy reserves the right to refuse cancellation, address updates, and return requests for such orders.

COLOR

We have made every effort to display as accurately as possible the colors of the advertised products that appear at the Site. However, the actual colors you see will depend on your monitor. We cannot guarantee that your monitor will display any color accurately.

ORDER CANCELLATIONS

By clicking the button “Pay Now” you submit a legally binding offer. After clicking “Pay Now”, your order will be submitted and you will no longer be able to cancel or change your order.

After the submission of your order, you will receive an email confirmation. The order that you submit to us does not become binding upon Stussy, however, until you receive a shipping confirmation or, until the products ordered are shipped. Prior to sending your shipping confirmation, Stussy reserves the right to reject an order based on lack or limitation of availability of products ordered.

DELIVERY/ PARTIAL DELIVERIES

Stussy shall use its reasonable efforts to deliver the products to you by the agreed upon date, however, time shall not be of the essence. Except in cases of willful misconduct or gross negligence, we shall not be liable to you for delays in delivery or damage to the products while in transit. Stussy may, within its discretion cancel a customer’s order due to delays or shortages in supply. In this event, we will immediately inform you of the unavailability of the item and refund all payments, if any, previously rendered by you for the item and its delivery.

We are entitled to make partial deliveries of products ordered.

RETURNS

By using our returns portal All Stussy.com return submissions are reviewed for approval.

Items being returned must be in their original condition with the tags. Include the Stussy packing slip in your package to help us process your return. We only accept returns from purchases made on stussy.com. Once your returned is delivered, allow 3-5 business days for inspection. Once inspected please allow 1-2 business days for your refund to be processed.

If abuse of returns is identified, Stussy reserves the right, in its sole discretion, to terminate your right to use the Site and any rights provided to you under these terms at any time, without notice, and accordingly deny you access to the Site, if you fail to comply with any term or provision.

PRIVACY

Stussy agrees to adhere to all applicable United States federal and state laws, statutes, and regulations relating to the collection and use of personal information from Site visitors.

INDEMNIFICATION

You agree to defend, indemnify and hold Stussy harmless and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.

CHOICE OF LAW

The Terms shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to conflict of laws provisions. You hereby consent to the exclusive jurisdiction and venue of the federal or state courts in Orange County, California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Stussy as a result of this agreement or use of the Site. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Stussy with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Stussy with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

TERMINATION

Stussy reserves the right, in its sole discretion, to terminate your right to use the Site and any rights provided to you under these terms at any time, without notice, and accordingly deny you access to the Site, if you fail to comply with any term or provision. Upon termination, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials.

SHIPPING

Lost or Stolen Packages: Stussy is not responsible for any lost or stolen shipments confirmed delivered by the courier. We advise you contact your payment provider. If your package does not arrive, please contact our customer service.

SPLIT DELIVERY

We often deliver all items from a single order within a single shipment. However, due to numerous factors, products may be delivered in split shipments. We reserve the right to split the delivery of any order.

INTERNATIONAL DUTIES AND TAXES 

Stussy offers DHL Express shipping for international orders. Customers will be prompted to use our shipping partner, Global-E, upon checkout. By doing so, the customer will have the ability to pre-pay their duties, import fees, and related charges up-front.

Should you wish to return your International order, please note that Stussy does not offer reimbursement of the prepaid customs/duties upon return, since it is remitted to the local customs agency directly. The customer will have to contact the agency for further assistance in receiving such reimbursement.

CHAPTER STORE RAFFLE ENTRY

Entering a raffle constitutes full and unconditional agreement to these Terms and Conditions, which are final and binding in all matters related to entry and release product purchase. Eligibility is contingent upon fulfilling all requirements set forth herein.

A registered email address, phone number, zip/postal code and preferred size/color are required.

Must present a valid government-issued photo ID upon purchase in-store. Entry name must match the name on photo identification.

Limit one release product per person, per color. Any duplicate entries per color will be disqualified.

Once entered, registration details cannot be amended. Purchases are only valid for the registered name and email address, product, size and color specified upon raffle entry.

Recipient’s opportunity to purchase the release product is subject to stock availability.

Entries are non-transferable.

Entries cannot be sold, transferred, assigned or otherwise provided to anyone else. Evidence of such behavior by any account holder will result in disqualification.

The raffle entry process is subject to change at any time at Stussy, Inc’s discretion.

When the raffle closes, winners will be notified via email.

Stussy, Inc reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of entering a raffle and/or product purchase or to be acting in violation of these Terms and Conditions. Any attempt by any person to undermine the legitimate operation of registration and/or product purchase may be a violation of criminal and civil law, and, should such an attempt be made, Stussy, Inc reserves the right to seek damages from any such person to the fullest extent permitted by law.

PROMOTIONAL OFFERS, CONTESTS, AND SWEEPSTAKES

Stussy, Inc. reserves the right to cancel any transaction due to unauthorized, altered, fraudulent, or ineligible use of discount and to modify or cancel this promotion due to system error or unforeseen problems at any time. Please read the official rules that may accompany each promotion, offer, coupon, discount, contest and/or sweepstakes. Promotional offers and discounts do not apply to gift cards, shipping and handling, or taxes. Discounts will appear upon checkout and may or may not be eligible to be combined with any other offers or discounts. Special offers, coupons, or discounts cannot be used in conjunction with other offers unless specifically stated in offer official rules.

Stussy, Inc. (“Stussy”) is committed to protecting your privacy. This privacy policy covers Stussy’s
treatment of the personal information we may collect from and about you in connection with our website
or digital properties we offer and that digitally link to this Privacy Policy (the “Service” or “Website”), when
you purchase products using our Service, when you communicate with us, or in connection with third-
party engagements or products.

Please note the following sections that include important disclosures related to our Website and Service:

• Cookies, Advertising, and Tracking Technology Disclosures: To learn more about how
  our Website, Products, and communications use cookies and related technologies
  (including from third parties), see Automatic Information Collection Technologies below.
• Your Choices Disclosures: To learn more about your choices concerning your
  information, see Your Choices below.

If you are a resident of certain states or countries, you may be entitled to additional rights. Please see the
following quick-links below for easy access to additional information for such residents:

• CA Residents: If you are a resident of California, please see our California Resident
  Disclosure below.
• Nevada Residents: If you are a resident of Nevada, please see our Nevada Resident
  Disclosure below.
• United Kingdom and European Economic Area Residents: If you are a data subject in the
  United Kingdom (“UK”) or any part of the European Economic Area (“EEA”), please see
  the section European Resident Disclosure below.

For more information about how to exercise applicable legal rights under a respective law, please see Exercising Legal Rights Requests below.

SECTION 1

PERSONAL INFORMATION WE RECEIVE ABOUT YOU AND HOW WE USE IT

1.1. 1.1.Information you give to us: We collect personal information about you when you voluntarily submit information directly to us by filling in forms on our website or by corresponding with us by phone, email, or otherwise. Personal information is data that identifies or is associated with you and includes information:

• Basic Identifying Information.Information you provide when you register to use our Service or otherwise communicate with us;
• Payment Information. Information related to your payment method, including your credit card number, card expiration date, security code, and billing address. Payment information may be processed by our payment processor, in which case such payment processor will be collecting and processing such information on our behalf and share with us limited details as necessary for us to verify, record, and fulfill completed transactions.
• User Content. Information such as your communications with us and any other content you provide, such as social media profiles, photographs of receipts, images, videos, survey responses, comments, product reviews, testimonials, and other content.
• Audio and Visual Information. Information such as photographs, images, videos, and recordings of your voice (such as when we record customer service calls for quality assurance).

1.2 Information We Collect Automatically: We may automatically collect personal information about you indirectly about how you access and use the Service and information about the device you use to access the Stussy website. This information includes:

• Device Identifier and other Unique Identifiers. Information such as your device identifier, internet protocol (IP) address, cookies, beacons, pixel tags, mobile ad identifier, and other unique identifiers.
• Internet or Other Network Activity. Information such as your browsing or search history, and other information regarding your interactions with our Website, emails, and advertisements.
• Geolocation Data. Information including imprecise location data (such as location derived from an IP address or data that indicates a city or postal code level) and, with your consent, precise location data (such as latitude/longitude data).
• Inferences. Information such as inferences drawn from or created based on the information identified above.

1.3. Information we receive from other sources: We may work with third parties (including, for example, subcontractors in technical, payment, and delivery services, advertising networks, analytics providers, search information providers, and credit reference agencies) and may receive information about you from them, subject to your agreements with them. This may further include Basic Identifying Information as referenced in Section 1.1 above, as well as other information such as Commercial Information as further discussed in Section 1.2 above.

1.4. We may supplement the personal information we collect with information from third parties and add it to your account information. For example, we may collect and use demographic information that is publicly available, additional contact information, credit check information, and information from credit bureaus, as allowed by applicable national laws.

1.5. Combining Information. We may link or combine the personal information we collect and/or receive about you and the information we collect automatically. This allows us to provide you with a personalized experience regardless of how you interact with us.

1.6. Anonymous and Aggregate Information. We may anonymize and aggregate any of the personal information we collect (so that you are not personally identified). We may use anonymized information for purposes that include testing our IT systems, research, data analysis, improving the Service, and developing new products and features. We may also share such anonymized information with others.

SECTION 2

DISCLOSURE OF YOUR PERSONAL INFORMATION

We may disclose or share your information with affiliated and non-affiliated third parties, including in the following scenarios:

2.1.We do not sell your personal information.

We share your personal information with third parties only as follows:

2.1.1. With your Consent. We may disclose or share your information with your consent, which may be obtained in writing; online, through “click-through” agreements; when you accept the terms of use on our Website; orally, either in person or on the phone; or by other means.

2.2. For Legal Process and Protection. We may disclose or share your information to satisfy any law, regulation, legal process, governmental request, or where we have a good faith belief that access, use, preservation, or disclosure of such information is reasonably necessary to: (1) enforce or apply our agreements; (2) protect our interests, property, or safety of others; (3) in connection with claims, disputes, or litigation; and (4) to protect our Website.

2.3. In a Business Transfer. We may disclose or share your information as part of a corporate business transaction, such as a merger or acquisition, joint venture, corporate reorganization, financing, or sale of Stussy assets, or in the unlikely event of insolvency, bankruptcy, or receivership, in which such information could be transferred to third parties as a business asset in the transaction.

2.4. To Non-Affiliated Third Parties. We may disclose or share your information with certain non-affiliated third parties to facilitate your access and use of our Website, our Service, and to provide us with certain business functions, including but not limited to sharing your information with brand partners, internet service providers, advertising networks, data analytics providers, governmental entities, operating systems and platforms, social media networks, payment processors, shipping carriers, and other service providers who provide us a service (e.g., customer service, auditing, marketing, debugging to identify and repair errors that impair existing intended functionality on our Website, and/or protecting against malicious, deceptive, fraudulent, or illegal activity).

2.5. Publicly accessible blogs. Our Website may include publicly accessible blogs or community forums. Any information you provide in these areas may be read, collected, and used by others who access them. This includes information posted on our public social media accounts. To request removal of your personal information from our blog or community forum, contact us at support@stussy.com.

SECTION 3

HOW WE USE YOUR DATA

We use your information for a variety of purposes, including to:

3.1 Provide, Tailor, and Improve the Service: We use your personal information to provide you with the Website and Service, including to perform our contract with you, to process your payments, to fulfill your orders, to remember your preferences and items you are interested in, to send notifications to you related to your account, to process purchases, returns, exchanges or other transactions, to create, maintain and otherwise manage your account, to arrange for shipping, to facilitate any returns and exchanges, to enable you to post reviews, and to create a customized shopping experience for you, such as recommending products related to your purchases. This may include using your personal information to better tailor and improve the Website and Service. To accomplish these purposes, we may use the following categories of personal information: Basic Identifying Information, Device Identifier and Other Unique Identifiers, Internet or Other Network Activity, Geolocation Data, Payment Information, Commercial Information, User Content, Audio and Visual Information, and Inferences.

3.2 Marketing and Advertising: We use your personal information for marketing and promotional purposes, such as to send marketing, advertising and promotional communications by email, text message or postal mail, and to show you online advertisements for products or services on the Service or other websites, including based on items you previously have purchased or added to your cart, and other activity on the Service. To accomplish these purposes, we may use the following categories of personal information: Basic Identifying Information, Device Identifier and Other Unique Identifiers, Internet or Other Network Activity, Geolocation Data, Commercial Information, and Inferences.

3.3 Security and Fraud Prevention: We use your personal information to authenticate your account, to provide a secure payment and shopping experience, detect, investigate or take action regarding possible fraudulent, illegal, unsafe, or malicious activity, protect public safety, and to secure our Service. If you choose to use the Service and register an account, you are responsible for keeping your account credentials safe. We highly recommend that you do not share your username, password or other access details with anyone else. To accomplish these purposes, we may use the following categories of personal information: Basic Identifying Information, Device Identifier and Other Unique Identifiers, Internet or Other Network Activity, Geolocation Data, Payment Information, Commercial Information, User Content, Audio and Visual Information, and Inferences.

3.4 Communicating with You: We use your personal information to provide you with customer support, to be responsive to you, to provide effective services to you and to maintain our business relationship with you. To accomplish these purposes, we may use the following categories of personal information: Basic Identifying Information, Audio and Visual Information, User Content, and Inferences.

3.5 Legal Reasons. We use your personal information to comply with applicable law or respond to valid legal process, including requests from law enforcement or government agencies, to investigate or participate in civil discovery, potential or actual litigation, or other adversarial legal proceedings, and to enforce or investigate potential violations of our terms or policies. To accomplish these purposes, we may use any of the categories of personal information identified in Section 1 above, as relevant to the specific legal matter.

3.6 Business Functions. We use your information to support our core business functions, including to maintain records related to business management, loss prevention, collecting amounts owed, and identifying and repairing errors or problems in the Website. To accomplish these purposes, we may use the following categories of personal information: Basic Identifying Information, Device Identifier and Other Unique Identifiers, Internet or Other Network Activity, Geolocation Data, Payment Information, Commercial Information, User Content, Audio and Visual Information, and Inferences.

SECTION 4

COOKIES AND SIMILAR TECHNOLOGIES; MARKETING AND ADVERTISING

4.1 Third-Party Technologies Used: Our Service uses third-party technologies and cookies for a variety of purposes, including to distinguish you from other users of our Service. This helps us enhance and personalize your user experience, to monitor and improve our Service, and for other internal purposes. As is true of most websites, we gather certain personal information automatically.

4.1.1. Cookies. We use the following types of cookies:

• Strictly necessary cookies. These cookies are required for the essential operation of our Website or Service, such as to authenticate you and prevent fraudulent use.
• Analytical/performance cookies. These cookies allow us to recognize and count the number of visitors and to see how visitors move around our Service when they are using it. This helps us to improve the way our Service works, for example, by ensuring that you can find information easily.
• Functionality cookies. These cookies are used to recognize you when you return to our Service. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
• Targeting/marketing cookies. These cookies record your visit to our Service, the pages you have visited and the links you have followed. We will use this information to make our Service and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

4.1.2 Pixels: Pixels (also known as web beacons) are types of code embedded in a website, video, email, or advertisement that sends information about your use to a server. When you access a website, video, email, or advertisement that contains a pixel, the pixel may permit us or a separate entity to drop or read cookies on your browser.

4.1.3 Analytic Tools: Analytic tools include technologies or software services that collect, measure, and analyze data about how users interact with our Website and Service. These tools often use cookies, pixels, and similar technologies to gather information such as page views, clicks, and user behavior, which is then used to improve site functionality and user experience.

4.2. Purpose for Using Cookies and Similar Technologies:

4.2.1 Functionality and Support: Some of the online tracking technologies like the cookies we use, serve a variety of functionality and support purposes, such as to recognize your device, remember what items are in your shopping bag, enable you to use expedited checkout features, facilitate navigation, display information more effectively, personalize your experience such as recognize you when you leave or return to our Website, maintain the security of our Website, manage your account, prevent crashes, fix bugs, save your preferences, and assist with basic Website functions and other performance functions. Our checkout features are provided by third-party payment processors. For more information about our payment processor, please see Payment Processor below.

4.2.2 Marketing and Advertising: We may partner with third parties to either display advertising on our website or to manage our advertising on other sites. Our third-party partners may use technologies such as cookies to gather information about your activities on this website and other sites to provide you advertising based upon your browsing activities and interests. If you wish not to have this information used to serve you interest-based ads, you may opt-out at any time by clearing your browser cookies. Please note this does not opt you out of being served ads. You will continue to receive generic ads.

• Meta (Facebook) Pixel: We use the Meta (formerly Facebook) Pixel to collect information about how users interact with our Website. This helps us measure the effectiveness of our advertising and deliver more relevant ads on Meta platforms (such as Facebook and Instagram).

Meta may use cookies and similar technologies to collect information such as your IP address, browser type, pages visited, and actions taken on our Website. This data may be used by Meta in accordance with its Privacy Policy.

4.2.3 Analytics: Some of the technologies implemented are used in a manner to perform analytics to derive inferences or recreate your session and understand how you navigated our Website, what content or Service you looked at, and other related information that helps us assess how our Website is being used. We may obtain this information through the use of cookies and pixels, and may share this with third parties to obtain related insights.

• Google Analytics: We use Google Analytics to help us understand how users access and use the Website through the use and sharing of cookies. You can learn about Google’s practices by going to www.google.com/policies/privacy/partners/.
• Sendlane: We use Sendlane, a marketing automation platform, to manage email communications and to track user engagement on our website through cookies and related technologies that associate your on-site activity with your subscriber profile. Sendlane processes this data on our behalf. For more information about how Sendlane may use your information, please visit www.sendlane.com/privacy.

4.2.4 Social Media: Our Website may include social media features, such as Facebook Like button and widgets such as the Share button. These features may collect your IP address, which page you are visiting on our Website, and may set a cookie to enable the feature to function properly. Social media features and widgets are hosted on our site or by a third party, and your interactions with these features are governed by the privacy policy of the company providing it.

UPDATE COOKIE PREFERENCES

SECTION 5

STORING AND TRANSFERRING YOUR INFORMATION

5.1. Security. All information you provide to us is stored on secure servers in a controlled environment with limited access. Any payment transactions will be encrypted in transit using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Service, you are responsible for keeping this password confidential. You should not share your password with anyone.

5.2. While no transmission of information via the internet is completely secure, we take reasonable measures to protect your personal information. We cannot guarantee the security of your personal information transmitted to our website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

SECTION 6

RETAINING YOUR INFORMATION

6.1. If we retain your personal information, we will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of our legitimate business interests and satisfying any legal or reporting requirements. In addition, we may retain personal information from closed accounts to comply with national laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our terms of use and take other actions permitted or required by applicable national laws. After it is no longer necessary for us to retain your personal information, we dispose of it in a secure manner according to our data retention and deletion policies.

6.2. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information, and the applicable legal requirements.

SECTION 7

COOKIES AND SIMILAR TECHNOLOGIES

7.1. Our Service uses cookies and similar technologies (collectively referred to as cookies) to distinguish you from other users of our Service. This helps us enhance and personalize your user experience, to monitor and improve our Service, and for other internal purposes. As is true of most websites, we gather certain personal information automatically.

7.2. We use the following types of cookies:

7.2.1. Strictly necessary cookies.

These cookies are required for the essential operation of our Website or Services, such as to authenticate you and prevent fraudulent use.

7.2.2. Analytical/performance cookies.

These cookies allow us to recognize and count the number of visitors and to see how visitors move around our Service when they are using it. This helps us to improve the way our Service works, for example, by ensuring that you can find information easily.

7.2.3. Functionality cookies.

These cookies are used to recognize you when you return to our Service. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

7.2.4. Targeting/marketing cookies.

These cookies record your visit to our Service, the pages you have visited and the links you have followed. We will use this information to make our Service and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

7.3. Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

7.4. We may partner with third parties to either display advertising on our website or to manage our advertising on other sites. Our third-party partners may use technologies such as cookies to gather information about your activities on this website and other sites to provide you advertising based upon your browsing activities and interests. If you wish not to have this information used to serve you interest-based ads, you may opt-out at any time by clearing your browser cookies. Please note this does not opt you out of being served ads. You will continue to receive generic ads.

7.5. Although most web browsers automatically accept cookies, some browsers’ settings can be modified to decline cookies or alert you when a website is attempting to place a cookie on your computer or device. However, if you use your browser settings to block all cookies (including strictly necessary cookies), you may not be able to access all or parts of our site.

7.6. Social Media.
 Our website may include social media features, such as Facebook Like button and widgets such as the Share button. These features may collect your IP address, which page you are visiting on our website, and may set a cookie to enable the feature to function properly. Social media features and widgets are hosted on our site or by a third party, and your interactions with these features are governed by the privacy policy of the company providing it.

SECTION 8

LINKS TO THIRD-PARTY WEBSITES

8.1. Stussy may, from time to time, contain links to and from third-party websites. 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 their policies. Please check the individual policies before you submit any information to those websites.

8.2. Some of the pages on our Website may utilize framing techniques to serve content to/from our partners while preserving the look and feel of our Website. Please be aware that you are providing your personal information to these third parties and not to Stussy.

SECTION 9

OUR POLICY REGARDING CHILDREN

Our Website is not intended for children 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 children under 18. If you are under 18, do not use or provide any information on this Website or through any of its features, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at support@stussy.com.

SECTION 10

CHANGES TO THE POLICY

We may update this privacy policy from time to time, and so you should review this page periodically. When we change this privacy policy in a material way, we will update the “last modified” date at the beginning of this privacy policy. Changes to this privacy policy are effective when they are posted on this page.

SECTION 11

NOTICE

If we need to provide you with information about something, whether for goods, services, marketing or other business-related purposes, we will select what we believe is the best way to get in contact with you. We will usually do this through email or by placing a notice on our Website. The fact that we may send notices to you will not stop you from being able to opt-out of certain types of contact, as described in this privacy policy.

SECTION 12

YOUR CHOICES

12.1. Communications

The following is information about how to opt out of receiving certain communications from us, depending on means of delivery:

• E-mails. You can opt out of receiving promotional emails from us at any time by following the instructions as provided in emails to click on the unsubscribe link, or emailing us at the email address set out in the Contact Us section below with the word UNSUBSCRIBE in the subject field of the email. Please note that you cannot opt out of non-promotional emails, such as those about your account, transactions, servicing, or our ongoing business relations.
• Phone & SMS Text Messaging. You can opt-out of receiving text messages or calls to your phone number at any time by (i) for text messages, texting “STOP” in response to any text message you receive from us or contacting us as set out in the Contact Us section below and specifying you want to opt-out of text messages; and (ii) for calls, requesting opt-out during any call you receive from us or contacting us as set out in the Contact Us section below and specifying you want to opt-out of calls.

12.2 Cookies and Tracking Technologies

The following disclosures relate to your choices in connection with cookies and other tracking technologies:

• Do Not Track. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. We do not currently monitor or take action with respect to “Do Not Track” signals. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.
• Cookies and Pixels. Most browsers accept cookies by default. You can instruct your browser, by changing its settings, to decline or delete cookies. If you use multiple browsers on your device, you will need to instruct each browser separately. Your ability to limit cookies is subject to your browser settings and limitations. Below are links to instructions for managing cookies on commonly used browsers:
  • Google Chrome: https://support.google.com/chrome/answer/95647
  • Microsoft Edge: https://support.microsoft.com/en-us/microsoft-edge/delete-cookies-in-microsoft-edge-63947406-40ac-c3b8-57b9-2a946a29ae09
  • Mozilla Firefox: https://support.mozilla.org/en-US/kb/clear-cookies-and-site-data-firefox
  • Safari (macOS): https://support.apple.com/en-us/HT201265

You may also manage your cookie settings through our preferences tool (https://www.stussy.com/pages/legal?open=Legal-privacy).

If you disable or refuse cookies, some parts of this website may then be inaccessible or not function properly.

12.3 Analytics and Interest-Based Advertising.

Google provides tools to allow you to opt out of the use of certain information collected by Google Analytics at https://tools.google.com/dlpage/gaoptout and by Google Analytics for Display Advertising or the Google Display Network at www.google.com/settings/ads/onweb/.

The companies we work with to provide you with targeted ads are required by us to give you the choice to opt out of receiving targeted ads. Most of these companies are participants of the Digital Advertising Alliance (“DAA”) and/or the Network Advertising Initiative (“NAI”). To learn more about the targeted ads provided by these companies, and how to opt out of receiving certain targeted ads from them, please visit: (i) for website targeted ads from DAA participants, https://www.aboutads.info/choices; (ii) for app targeted ads from DAA participants, https://www.aboutads.info/appchoices; and (iii) for targeted ads from NAI participants, https://www.networkadvertising.org/choices/. Opting out only means that the selected participants should no longer deliver certain targeted ads to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., in connection with the participants’ other customers or from other technology services).

Please note that if you opt out using any of these methods, the opt out will only apply to the specific browser or device from which you opt out. We are not responsible for the effectiveness of, or compliance with, any opt out options or programs, or the accuracy of any other entities’ statements regarding their opt out options or programs.

12.4 Your Legal Rights Under Applicable Laws

Depending on where you reside, you may have certain legal rights in relation to your information.

• CA Residents: If you are a resident of California, please see our California Resident Disclosure below.
• Nevada Residents: If you are a resident of Nevada, please see our Nevada Resident Disclosure below.
• United Kingdom and European Economic Area Residents: If you are a data subject in the United Kingdom (“UK”) or any part of the European Economic Area (“EEA”), please see the section European Resident Disclosure below.

For more information about how to exercise applicable legal rights under a respective law, please see Exercising Legal Rights Requests below.

SECTION 13

OUR CONTACT INFORMATION

Regardless of your location, any questions, comments, and requests regarding this privacy policy are welcome and should be addressed to our legal department at support@stussy.com. Communication can also be addressed to:

Stüssy, Inc.

17426 Daimler Street

Irvine, CA 92614

Attn: Stüssy Web Operations

support@stussy.com

SECTION 14

CALIFORNIA RESIDENT DISCLOSURE

The following disclosures are made pursuant to the California laws that provide California residents additional rights with respect to our processing of personal information, including the California Consumer Privacy Act, as amended by the California Privacy Rights Act and its implementing regulations (collectively, the “CCPA”), California Shine the Light Law, and California “Eraser Button” Law.

14.1 California Consumer Privacy Act

A. Definitions

The following terms are defined under the CCPA as follows:

• Personal information. This is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to you or your household.
• Sensitive personal information. This is information such as your social security number, driver’s license number, state identification card, passport number, account log-in and password, financial account and password, debit or credit card number and access code, precise geolocation information, race, ethnic origin, religious or philosophical beliefs, union membership, the content of your mail, email or texts other than those communications you have with us, genetic data, biometric information, health information, or information that concerns your sex life or sexual orientation.
• Sell, sale, or sold. This means the selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or other means, your personal information to a third party for money or other valuable consideration.
• Share, shared, or sharing. This means the sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or other means, your personal information to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration.

Such terms referenced in this Section 14 shall have the meaning as defined above.

B. Your Legal Rights as a CA Resident

You have the following legal rights under California law with respect to your personal information:

• Right to Know. You have a right to request that we disclose, subject to certain exceptions, information concerning: (1) the categories of personal information we have collected from or about you; (2) the categories of sources from which we have collected that personal information, and the business or commercial purpose for the collection; (3) the categories of third parties with whom we have shared, sold, or disclosed your personal information, including the business or commercial purpose for said sharing, selling, or disclosure; and (4) specific pieces of your personal information, subject to appropriate exceptions.
• Right to Delete. You have a right to request that we delete your personal information, subject to certain exceptions.
• Right to Correct. You have a right to request that we correct your personal information, subject to certain exceptions.
• Right to Opt-Out of the Sale or Sharing of Personal Information. Certain of our online tracking technologies may be considered a “sale” or a “share” of your information to third parties under the CCPA. Visitors to our Website can therefore opt out of being tracked by these technologies by managing them with the preferences tool (https://www.stussy.com/pages/legal?open=Legal-privacy). You may also opt out by using an opt-out preference signal, such as the Global Privacy Control (GPC) on your browser. If you choose the GPC signal, you will need to turn it on for each supported browser or browser extension you use.
• Right to Non-Discrimination. You have a right to exercise the above rights without being discriminated against under the CCPA.

To exercise your rights, please see the section Exercising Legal Rights Requests below.

C. Notice of Collection

Please note the following disclosures as required under the CCPA:

• To learn more about the categories of personal information we collect about California residents, please see Personal Information We Receive About You and How We Use It in Section 1 above.
• For more information about how we use those categories of personal information, please see Personal Information We Receive About You and How We Use It in Section 1 above.
• For more information about how we collect categories of personal information, please see Personal Information We Receive About You and How We Use It in Section 1 above, which breaks out information you give to us, information we receive from other sources, information collected automatically and other supplemental information we may receive.
• To learn more about how we disclose categories of personal information, and the categories of third parties with whom we disclose such information, please see Disclosure of Your Information in Section 2 above.
• To learn more about how long we keep your information, please see Retaining Your Information in Section 6 above.

D. Notice of Disclosure for a Business Purpose

To learn more about the categories of personal information we have disclosed for a business purpose, and the categories of third parties with whom we’ve disclosed such information, please see Disclosure of Your Information in Section 2 above.

E. Notice of Sharing of Personal Information

Certain of our online tracking technologies may be considered a “sale” or a “share” of your information to third parties under the CCPA. The categories of personal information we may “sell” or “share” in these circumstances include your IP address, persistent online identifiers, ad identifiers, similar information about your devices and browsers, and information about your engagement with our Website, our products, and communications. We have no actual knowledge that we sell the personal information of California residents who are under 16 years of age.

F. Notice of Use of Sensitive Information

We do not use California resident sensitive personal information for any purpose other than as is permissible under the CCPA. Specifically, we do not use sensitive personal information of California residents to derive characteristics about California residents.

14.2 CALIFORNIA’S “SHINE THE LIGHT” LAW

If you are a California resident, you have the right to request information from us once per calendar year regarding the customer information we share with third parties for the third parties’ direct marketing purposes. To request this information, please send an email to support@stussy.com with ‘Request for California Privacy Information’ in the subject line and in the body of your message. We will provide the requested information to you via an email response.

14.3 CALIFORNIA’S “ERASER BUTTON” LAW

If you are a California resident under 18 years old and a registered user of the Website (as defined above), you can request that we remove content or information that you have posted to our Website or other online services. Fulfillment of the request may not ensure complete or comprehensive removal (e.g., if the content or information has been reposted by another user). To request removal of content or information, please send an email to support@stussy.com or contact us as otherwise provided in the Contact Us section above.

SECTION 15

NEVADA RESIDENT DISCLOSURE

If you are a Nevada resident, you have the right to submit a request directing us not to make any sale of your personal information. We do not sell your personal information as defined under Nevada law. However, to request email confirmation that we do not sell your personal information, please send an email to support@stussy.com with “Nevada Opt-Out of Sale” in the subject line and in the body of your message. We will provide the requested information to you via an email response.

SECTION 16

EUROPEAN RESIDENT DISCLOSURE

16.1 Role and Data Controller Contact Details: The General Data Protection Regulation (“GDPR”) and data protection laws in Europe distinguish between organizations that process personal information for their own purposes (known as “controllers”) and organizations that process personal information on behalf of other organizations (known as “processors”).

We act as a controller with respect to personal information collected from you as you engage with our Website, Offices, Service or via communications with us. If you have questions with respect to our processing of your information as a controller, you can contact us by email at the email address set forth in the section entitled Contact Us below.

16.2 Lawful Basis for Processing: The GDPR and data protection laws in Europe require a “lawful basis” for processing personal information. Our lawful bases include the following:

• To fulfill obligations in the agreement between you and Stussy. To use our Website or Service, you and Stussy entered into an agreement under the applicable terms of use, and in order for us to fulfill our obligations with respect to providing our Website or Service under such agreement, we must collect your personal information to provide the necessary functionality. The information we collect and how it is used by us is further detailed in Section 1 above.
• To pursue our legitimate interests. Our legitimate interests include, among others, understanding how our Website or Service is functioning, improving our Website or Service, developing new products and services, and preventing fraud. To pursue the foregoing, we process personal information. Where we rely on a legitimate interest to process personal information, we carry out a balancing test to weigh the legitimate interest against your right to protection of your personal information; however, our processing of your personal information will never override your fundamental rights and freedoms, and you can always exercise your right to object to such processing.
• Consent. In certain situations where you provide us with consent, we may process your personal information.
• To comply with law. In limited circumstances, we may process personal information in order to comply with legal obligations. To the extent we have received such information from third parties with whom we have agreed to certain contractual requirements or obligations (e.g., standard contractual clauses), we will use our reasonable efforts to dispute the disclosure of personal information, unless legally required to do so.

16.3 Onward Transfer: If you choose to provide us with your information, you consent to the transfer and storage of that information on our servers located in the United States. The information we collect is subject to state and federal law in the United States. If you are accessing our websites from outside the United States, please be advised that you are transferring your personal information to us in the United States where data protection and privacy laws may be different or less stringent than the laws of your country.

If the GDPR applies and your data is transferred outside the UK or the EEA to the United States or any other country, we will transfer your personal information subject to appropriate safeguards, such as an adequacy decision by the European Commission on the basis of Article 45 of Regulation (EU) 2016/679 or Standard Contractual Clauses, as provided from time to time by the European Commission. You can receive additional information about where your personal information is transferred and the appropriate safeguards by contacting us.

16.4: Data Subject Rights

If you are a data subject under the GDPR, subject to certain conditions, you have the right to:

• Access, rectify, or erase any personal information we process about you;
• Data portability – that is, asking us to transfer your personal information to any third party of your choice;
• Restrict or object to our processing of your personal information; and
• Where applicable, withdraw your consent at any time for any processing of your personal information.

To exercise your rights, please see the Section Exercising Legal Right Requests below.

16.5 Complaints

If you have a complaint about our use of your personal information or our response to your request(s) regarding your personal information, you may submit a complaint to the Data Protection Supervisory Authority in your jurisdiction. We would, however, appreciate the opportunity to address your concerns before you approach a data protection regulator and welcome you to first direct an inquiry to us.

In addition to our contact details set out above, you can also contact our Designated Individual Overseeing Compliance of this Privacy Policy by emailing support@stussy.com or writing us at:

Stüssy, Inc.

17426 Daimler Street

Irvine, CA 92614

Attn: Stüssy Web Operations

support@stussy.com

SECTION 17

EXERCISING LEGAL RIGHTS REQUESTS

If you are a resident of California or Europe, you may exercise your respective legal rights in accordance with the below procedures.

17.1 Verification Requirements: For certain requests, we may require specific information from you to help us verify your identity and process your request. Depending on your request, we will ask for information such as your name, or an e-mail address that you have used with us. For certain requests, we may also ask you to provide details about the most recent purchase you made. If we are unable to verify your identity, we may deny your requests to know or delete.

17.2 Right to Know, Access and Deletion Requests: If you are a resident of a jurisdiction that provides you with heightened legal rights to your personal information, you may exercise your right to know, access or delete information through any of the following means:

• email us at: support@stussy.com

In the request, please specify which right you are seeking to exercise and the scope of the request.

There are certain circumstances where applicable law allows us to retain certain information and we will not be able to delete such information. In such instances, we will inform you of what information cannot be deleted.

17.3 Correction Requests: You can correct information related to your account by:

• email us at: support@stussy.com

17.4 Right to Opt-Out of Sale, Profiling, and Context-Based Behavioral Advertising: To opt out of use of your personal information in a manner that constitutes a sale, profiling, or context-based behavioral advertising, or other similar type of sharing under applicable law, please click the link Do Not Sell My Data, or otherwise email us at support@stussy.com. You may also manage your preferences using the preferences tool here.

17.5 Authorized Agents: Residents of California may designate an authorized agent to submit a request on your behalf to access or delete your personal information. To do so, you must: (1) provide that authorized agent written and signed permission to submit such a 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.

17.6 Responding to Requests: Requests properly submitted will be responded to within the required period under applicable law. If a request is deficient, we may deny the request but will use reasonable efforts to explain the deficiency in the request so that you may correct the request. Please note that we may charge a reasonable fee for multiple requests in the same 12-month period, as permitted by applicable law.

RIGHTS UNDER THE CALIFORNIA CONSUMER PRIVACY ACT

The California Consumer Privacy Act (CCPA) provides you with rights regarding how your data or personal information is treated. Under the legislation, California residents can choose to opt out of the “sale” of their personal information to third parties. Based on the CCPA definition, “sale” refers to data collection for the purpose of creating advertising and other communications. Learn more about CCPA and your privacy rights.

HOW TO OPT-OUT

By clicking on the link below, we will no longer collect or sell your personal information. This applies to both third-parties and the data we collect to help personalize your experience on our website or through other communications. For more information, view our privacy policy.