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PRIVACY POLICY - YOUR PRIVACY RIGHTS

Effective date: October 25, 2023

Welcome to Nulogic! This Privacy Policy describes how we collect, use and share personal information at our stores, on our website, mobile sites and apps, through our email and mobile alerts programs, and through other interactions with our customers.

This Privacy Policy applies to our sites, stores, mobile applications and any other services  (“Services”) owned or operated by Nulogic  (collectively, “Nu” “we” “our” or “us”).   This Privacy Policy will provide you with information as to how Nu collects, uses, and shares information about you, including the choices Nu offers with respect to that information, and applies to your use of any Service, regardless of how you access or use it.  For certain Services, there may be additional notices about information practices and choices. Please read those additional privacy disclosures to understand how they apply to you.

By visiting or otherwise using the Service, you agree to our Terms and Conditions  and consent to Nu’s Personal Information collection, use, and disclosure practices, other activities as described in this Privacy Policy, and any additional privacy statements that may be posted on an applicable part of the Service.  If you do not agree and consent, please discontinue use of the Service.

1. INFORMATION WE COLLECT.

A. Information about You that You Provide. Nu, and/or its Vendors (defined below), may collect information you provide via the Service. For example, Nu collects information when you use or register for the Service, participate in the Style Editor program, subscribe to notifications, post on the Service, participate in promotional activities, contact us via Nu Chat, or communicate or transact through the Service. In addition, when you interact with Third-Party Services (defined below), you may be able to provide information to those third parties.

 Nu, its Vendors, and/or Third-Party Services may collect certain information that identifies you personally, such as your first and last name, e-mail address, social media handle, phone number, address, full payment account number, credit or debit card number, and photos (“Personal Information”).

B. Information Collected Automatically. Nu, its Vendors, and/or Third-Party Services may also automatically collect certain information about you when you access or use the Service. Such automatically collected information may include your IP address, device identifier, browser type, operating system, information about your use of the Service, and data regarding network connected hardware (e.g., computer or mobile device).

The methods that may be used on the Service to automatically collect such information include:

  • Log Information: Log information is data about your use of the Service, such as IP address, browser type, Internet service provider, referring/exit pages, operating system, date/time stamps, and related data, and may be stored in log files.
  • Information Collected by Cookies and Other Tracking Technologies: Cookies, web beacons (also known as “tracking pixels”), embedded scripts, location-identifying technologies, fingerprinting, device recognition technologies, in-app tracking methods and other tracking technologies now and hereafter developed (“Tracking Technologies”) may be used to collect information about interactions with the Service or e-mails, including information about your browsing and purchasing behavior.
  •  Some information about your use of the Service and certain third-party services may be collected using Tracking Technologies across time and services, and used by Express and third parties for purposes such as to associate different devices you use, and deliver relevant ads and/or other content to you on the Service and certain third-party services.

C. Information Express Collects From Other Sources.  Nu may also obtain information about you from other sources, including Vendors and Third-Party Services, and combine that with other information we have collected about you. For example, we may obtain information about you from third-party services in order to send you marketing offers via direct mail. We may also obtain information about you from Style Editors who you have made Express purchases through or otherwise interacted with. Notwithstanding anything to the contrary, this Privacy Policy is not intended to limit Express’s activities regarding such third-party-sourced, or non-Service-sourced, information (including Personal Information). Nu is not responsible or liable for the accuracy of the information provided by third parties or for third party policies or practices.

2. HOW WE USE THE INFORMATION WE OBTAIN.

 Express may use information about you, including Personal Information, for any purposes not inconsistent with Express’s statements under this Privacy Policy, or otherwise made by us in writing at the point of collection, and not prohibited by applicable law, including, without limitation, the following:

  • Allow you to participate in the features we offer on the Service;
  • Facilitate, manage, personalize, and improve your online experience;
  • Process your registration, manage your account and/or upload your User Generated Content (“UGC”);
  • Transact with you, provide services or information you request, respond to your comments, questions and requests, serve you content and/or advertising, and send you notices;
  • Express Affiliates’ marketing and other purposes;
  • Improve the Service and for any other internal business purposes;
  • Tailor our content, advertisements, and offers;
  • Fulfill other purposes disclosed at the time you provide Personal Information or otherwise where we are legally permitted or are required to do so;
  • Determine your location and manage digital content rights (e.g., territory restrictions); and
  • Prevent and address fraud, breach of policies or terms, and other threats or harm.

3. INFORMATION WE SHARE WITH THIRD PARTIES.

     Express may share your information, including Personal Information, with third parties or Express Companies and their affiliates (“Affiliates”). Any such third-party activities are subject to those third parties’ privacy policies and practices.

     Express may also share any information about you for any purposes not inconsistent with this Privacy Policy, or our written statements at the point of collection, and otherwise not prohibited by applicable law, including, without limitation:

  • Express’s agents, service providers, consultants, Style Editors and other vendors (collectively “Vendors”) may receive, or be given access to, your information, including Personal Information, in connection with their work on Express’s behalf. We share your personal information with third party marketing partners for commercial purposes. In particular, we may provide your commercial information to vendors who combine such information with your mailing address in order to provide marketing offers via direct mail. You may opt out of such disclosure by submitting our online opt-out request form. 
  • To comply with the law, law enforcement or other legal process, and, where permitted, in response to a government request; and
  • If Express believes your actions are inconsistent with Express’s terms of use, user agreements, applicable terms or policies, or to protect the rights, property, life, health, security and safety of Express, the Service or its users, or any third party.

     In addition, Express may share your Personal Information in connection with or during negotiations of any proposed or actual financing of our business, or merger, purchase, sale, joint venture, or any other type of acquisition or business combination of all or any portion of Express assets, or transfer of all or a portion of Express’s business to another company, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding (“Corporate Transactions”).

     Without limiting the generality of the forgoing, certain areas of the Service may be provided to you in association with third parties (“Co-Branded Areas”) such as Vendors, sponsors, charities, and civic organizations and may request or require you to disclose Personal Information to them, or enable you to share your Personal Information with them. Such Co-Branded Areas will identify the third party and indicate if they have a privacy policy that applies to their collection and use of your information.  If you elect to register for products and/or services, communicate with such third parties or download their content or applications, at Co-Branded Areas, you may be providing your information to both us and the third party.  Further, if you sign-in to a Co-Branded Area with a username and password obtained on the Service, or otherwise use your Services account or registration to log-in or register on Third-Party Services, your Personal Information may be disclosed to such third parties. We are not responsible for such third party’s data collection or practices and you should review such third party privacy policies for more information.

4. SWEEPSTAKES, CONTESTS, AND PROMOTIONS.

     Express may offer sweepstakes, contests, and other promotions (each, a “Promotion”), including Promotions jointly sponsored or offered by third parties, which may require submitting Personal Information.  If you voluntarily choose to enter a Promotion, your information, including Personal Information, may be disclosed to Express, co-sponsors, Vendors, and other third parties, including for administrative purposes and as required by law (e.g., on a winners list). By entering, you are agreeing to the official rules that govern that Promotion, which may include consent to additional or differing privacy practices from those contained in this Privacy Policy.  Please review those rules carefully.

5. INFORMATION YOU DISCLOSE PUBLICLY OR TO OTHERS.

     The Service may permit you to post or submit User Generated Content (“UGC”) including, without limitation, written content, user profiles, audio or visual recordings, computer graphics, pictures, data, or other content, including Personal Information.  If you choose to submit UGC to any public area of the Service, your UGC will be considered “public” and will be accessible by anyone, including Express.  Notwithstanding anything to the contrary, unless otherwise explicitly agreed by us, Personal Information included in UGC is not subject to Express’s usage or sharing limitations, or other obligations, regarding Personal Information under this Privacy Policy or otherwise, and may be used and shared by Express and third parties to the fullest extent not prohibited by applicable law.  Express encourages you to exercise caution when making decisions about what you disclose in such public areas. 

    Additionally, the Service may offer you the option to send a communication to a friend or other contact. If so, Express relies on you to only send to people that have given you permission to do so.  The recipient’s Personal Information you provide (e.g., name, e-mail address) will be used to facilitate the communication, but not used by Express for any other marketing purpose unless Express obtains consent from that person. Your contact information and message may be included in the communication.

6. THIRD-PARTY CONTENT, THIRD-PARTY SERVICES, SOCIAL FEATURES, ADVERTISING AND ANALYTICS.    

     The Service may include links to, or include on or in connection with, the Service (e.g., apps and plug-ins), websites, locations, platforms, applications or services operated by third parties (“Third-Party Service(s)”). These Third-Party Services may use their own cookies, web beacons, and other Tracking Technology to independently collect information about you and may solicit Personal Information from you. 

    Certain functionalities on the Service may permit interactions that you initiate between the Service and certain Third-Party Services, such as third-party social networks (“Social Features”).  Examples of Social Features include: enabling you to send content such as contacts and photos between the Service and a Third-Party Service; “liking” or “sharing” Express’s content; logging in to the Service using your Third-Party Service account (e.g., using Facebook Connect to sign-in to the Service); and to otherwise connect the Service to a Third-Party Service (e.g., to pull or push information to or from the Service).  If you use Social Features, and potentially other Third-Party Services, information you post or provide access to may be publicly displayed on the Service or by the Third-Party Service that you use. You should review the terms, policies, and settings of Third-Party Services to learn more or adjust your connections. Similarly, if you post information on a third-party service that references the Service (e.g., by using a hashtag associated with Express in a tweet or status update), your post may be used on or in connection with the Service or otherwise by Express. We may also use third-party services, such as Apple or Android, to allow you to log into our app using facial recognition. We do not receive your biometric data from these Third-Party Services and you should consult their data privacy and security policies if you use these features. Also, both Express and the third party may have access to certain information about you and your use of the Service and any Third-Party Service.

    Express may engage and work with Vendors and other third parties to serve advertisements on the Service and/or on third-party services.  Some of these ads may be tailored to your interest based on your browsing of the Service and elsewhere on the Internet, sometimes referred to as “interest-based advertising” and “online behavioral advertising” (“Interest-based Advertising”), which may include sending you an ad on a third-party service after you have left the Service (i.e., “retargeting”). 

    Express may use Google Analytics, Adobe Analytics or other Vendors for analytics services.  These analytics services may use cookies and other Tracking Technologies to help Express analyze Service users and how they use the Service.  Information generated by these services (e.g., your IP address and other device identifiers) may be transmitted to and stored by these Vendors on servers in the U.S. (or elsewhere) and these Vendors  may use this information for purposes such as evaluating your use of the Service, compiling statistic reports on the Service’s activity, and providing other services relating to Service activity and other Internet usage. 

    Express may engage and work with Vendors and other third parties, including Oracle, who combine information we provide with your mailing address in order to provide marketing offers via direct mail. You may opt out of such disclosure by submitting our online opt-out request form. More information about Oracle’s privacy practices may be found on the Oracle Privacy Policy. Data obtained by Express from a third party, even in association with the Service, is not subject to Express’s limitations regarding Personal Information under this Privacy Policy, however such data remains subject to any restrictions imposed on Express by the third party, if any.  Otherwise, the information collected, stored, and shared by third parties remains subject to their privacy policies and practices, including whether they continue to share information with Express, the types of information shared, and your choices on what is visible to others on Third-Party Services. 

    Express is not responsible for, and makes no representations regarding, the policies or business practices of any third parties and encourages you to familiarize yourself with and consult their privacy policies and terms of use.  See Section 11 and About Ads for more on certain choices offered by some third parties regarding their data collection and use, including regarding Interest-based Advertising and analytics.