Privacy Notices

California, Colorado, Connecticut, Delaware, Iowa, Montana, Nebraska, New Hampshire, New Jersey, Montana, Oregon, Texas, Utah, and Virginia have enacted consumer privacy laws that grant their residents certain rights and require additional disclosures. The following provisions address these state- specific requirements and supersede the prior general statements made above. Unless otherwise noted, the disclosures contained within this section cover our activities in the prior 12 months from the effective date, as well as our current practices.

NOTICE AT COLLECTION

HOW AND WHY WE COLLECT PERSONAL INFORMATION

• Directly from you

• Your browser or device

• AEO subsidiaries

• Our business partners and affiliates

• Third parties you direct to us share information with us

• Information generated or derived from your online browsing and usage activity

• Social networks

AEO shares personal information with service providers and governmental authorities and permits our service providers to collect personal information directly from visitors and customers when providing services to AEO. We do not disclose personal information to service providers that do not agree to acceptable data protection agreement terms.

We provide the categories of personal information listed above to service providers for the following purposes: payment processing, gift card processing, customer service, advertising and marketing, email services, mobile messaging services, mail services, data analytics, shipping, warehousing, anti-fraud services, loyalty program, legal and advisory, computer and data infrastructure, telecommunications, auditing, and building products and services for us.

Categories of Personal Information Sold or Shared

• Internet or other electronic network activity (e.g., “cookies” or other tracking tags, etc.
• Identifiers (e.g., name, mailing address, email address, phone number, etc.
• Commercial Information (e.g., products or services purchased, purchase history, etc.)

Categories of Third Parties to Whom Personal Information was Sold or Shared

• Advertising Networks

• Merchant Partners

• Marketing Partners

The purpose of selling or sharing this Personal Information (as defined under applicable US state laws) is for providers of advertising partners to help us tailor and target our marketing and advertising efforts.

In order to opt-out of selling and sharing, please click on the “Your Privacy Choices” link, which is available in the footer of the AE.com website, and Settings of the AE + Aerie mobile app.

COLLECTION, PROCESSING, AND DISCLOSURE OF SENSITIVE PERSONAL INFORMATION

AEO does not use or disclose Sensitive Personal Information of consumers for purposes other than those identified in the CCPA.

CALIFORNIA CONSUMER RIGHTS

Under the California Consumer Privacy Act found at California Civil Code § 1798.100 et seq. and its implementing regulations (the “CCPA”), California Consumers have the right to request:

• The deletion of the Personal Information (as defined in the CCPA) we have about them;
• The correction of inaccurate Personal Information we have about them;
• To Know and Access your Personal Information, including information about (1) the categories of Personal Information collected, sold, shared with third parties, or disclosed by us; (2) purposes for which categories of Personal Information are collected, sold or shared with third parties by us; (3) categories of sources from which we collect Personal Information; (4) categories of third parties with whom we disclosed Personal Information; and (5) specific pieces of Personal Information we have collected about them;
• The opt-out of the “sale” or “sharing” of Personal Information: California consumers have the right to opt out of the “selling” and “sharing” of their Personal Information, and can do so by clicking the “Your Privacy Choices” link, which is available in the footer of our the AE.com website, and Settings of the AE + Aerie mobile app.
  • Certain Marketing Partners, such as Data Cooperatives, help us identify lookalike audiences of prospective consumers of our service to send our catalog to potential consumers who are similar to our current customers. If you wish to opt-out of such sale or share, you will need to provide your physical address in order to identify you and honor your request.
  • Because sharing and selling also occurs via cookies and tracking technologies (“Cookies”), the link will also direct you to the Cookie Preferences Center in the footer of our website or mobile app Settings to opt-out of such Cookies. Opting-out of “sales” and “sharing” will not stop marketing and advertising, but it may be less tailored and useful for you. Even after you opt-out, we will continue to disclose your Personal Information with our service providers.

California consumers also have the right not to receive discriminatory treatment if they exercise the rights listed above. When you make a request, we may require that you provide information and follow procedures to verify the request before responding to it. The verification steps we take may differ depending on the request you make. We will match the information that you provide in your request (including your email and physical address) to information we already have on file to verify your identity. If we are able to verify your identity, we will begin to process it. If we cannot verify your identity, we may ask you for additional information to help us verify your request. If we still cannot verify your identity, we will notify you with further explanation.

We will respond to your request within the 45-day time period required by applicable law. We reserve the right to extend that time to 90 days in order to complete your request. However, we may not always be able to fully comply with your request, and we will notify you in that event. To make requests, California consumers may contact us through our Data Request or call us at 1 (888) 232-4535. Consumers will be required to submit their name, email address, and request-related information. We may also ask you to confirm information such as your order history or account settings so that we may verify the request. Please provide as much of the requested information as possible to help us verify your identity. We will use information received in a request only for the purposes of responding to your request.

The CCPA permits California consumers to use an authorized agent to make privacy rights requests. We require the authorized agent to provide us with proof of the California consumer’s written permission (for example, a signed document addressing this topic or a power of attorney) that shows the authorized agent has the authority to submit a request for the California consumer. An authorized agency must follow the process described above to make a request, and we will additionally require you and your authorized agent to verify his/her own identity. Additionally, we may confirm the agent’s authority with the California consumer about whom the request was made.

GLOBAL PRIVACY CONTROL

You may opt out of the sharing of your Personal Information through an opt-out preference signal setting in your browser. In order to process your request through an opt-out preference signal, you must use a browser supporting the preference signal. Please note that the GPC signal will only apply to the device and browser you are currently using, and any other devices or browsers where you have logged in. If you choose to use an opt-out preference signal, you will need to turn it on for each browser and each device you use.

Your GPC opt-out preference signal status will be displayed within “Your Privacy Choices”.

DE-IDENTIFIED INFORMATION

Where we maintain or use de-identified information, we will continue to maintain and use the de-identified information only in a de-identified fashion and will not attempt to re-identify the information.

INFORMATION RETENTION

Please refer to Section 7. "Information Retention” of the Notice, above.

GO TO TOP OF PRIVACY NOTICE

CALIFORNIA PRIVACY RIGHTS - CALIFORNIA MINORS

As stated in our Privacy Policy, our websites, mobile/tablet sites, web pages, social media presence, marketing campaigns, applications, our stores and other AEO controlled digital properties that link to this Policy (collectively, our “Platforms”) are “general audience” websites and not directed toward children.

Certain areas of our Platforms may contain interactive features that allow registered users to post content or information (the “Interactive Services”). If any of our Interactive Services are either: (1) directed toward California residents under the age of eighteen (18); or (2) if AEO has actual knowledge that a registered user of the Interactive Services is a California resident under the age of eighteen (18), AEO will permit such registered user to remove (if applicable) or request that AEO remove or anonymize such content or information as posted by the registered user, to the extent required by California Business and Professions Code § 22581.

If you are under the age of eighteen (18) and would like to request the removal or anonymization of content or information you have posted on or to our Interactive Services, please send your request to privacy@ae.com.

NOTICE OF FINANCIAL INCENTIVE

We may offer new customers with discounts, special offers, and promotions like discounts in connection with you opting in to receive marketing emails. Because this may involve the collection of Personal Information and offering of certain benefits, they might be interpreted as a “financial incentive” program under California law or a “bona fide loyalty program” under Colorado law. Under the California law, the value of your Personal Information to us is related to the discounted products, or other benefits that you obtain or that are provided, less the expense related to offering those products to these new customers.

Participation in a financial incentive program is completely at your own discretion and you can opt-in by providing your email address and clicking “subscribe,” which you may revoke at any time by following the instructions in the removal instructions in the marketing emails that you receive.

NOTICE OF REAL REWARDS FINANCIAL INCENTIVE

The following Notice of Financial Incentive applies to our rewards programs and may include certain promotions such as sweepstakes. Currently, we offer the Real Rewards by American Eagle & Aerie program (“Real Rewards”). For financial incentive disclosures specific to any other promotion, please see that promotion’s terms. We reserve the right to terminate Real Rewards or any other offers at any time at our sole discretion.

Value of Consumer Data

The financial incentives that we offer, including Real Rewards, are reasonably related to the value of the consumer’s data. We have made a good faith estimate of the value of consumers’ data based on relevant expenses related to the collection and retention of consumers’ Personal Information as part of Real Rewards.

Withdrawal from the Program

You have the right to withdraw from Real Rewards or any other financial incentive at any time. You may withdraw from Real Rewards by calling Customer Service at 1-(800)340-0532.

CALIFORNIA SHINE THE LIGHT

California Shine the Light Under California Civil Code §1798.83, if you are a California resident and have an established business relationship with us, you can request a notice disclosing the categories of personal information we have shared with third parties for the third parties’ direct marketing purposes during the preceding calendar year. To request a notice, please submit your request to privacy@ae.com. Please allow 30 days for a response.

ADDITIONAL RIGHTS AND PROVISIONS FOR COLORADO, CONNECTICUT, DELAWARE, IOWA, MONTANA, NEBRASKA, NEW HAMPSHIRE, NEW JERSEY, OREGON, TEXAS, UTAH, VIRGINIA RESIDENTS

This section applies to the "Applicable Privacy Laws” of Consumers as defined by the Colorado Privacy Act (“CPA”), Connecticut Data Privacy Act (“CTDPA”), Delaware Personal Data Privacy Act (“DPDPA”), Iowa Consumer Data Protection Act (“ICDPA”), Montana Consumer Data Privacy Act (“MTCDPA”), Nebraska Data Privacy Act (“NDPA”), New Hampshire Privacy Act (“NHPA”), New Jersey Data Privacy Act (“NJDPA”), Oregon Consumer Data Privacy Act (“OCPA”), Texas Data Privacy and Security Act (“TDPSA”), Utah Consumer Privacy Act (“UCPA") and Virginia Consumer Data Protection Act (“VCDPA”) that use our Platforms. Capitalized terms defined in the Applicable Privacy Laws that are used in this section shall have the same meaning as in the Applicable Privacy Laws.

This section describes our collection, use, and disclosure of Personal Data. You can learn more about the Personal Data we process and the purpose for processing such Personal Data in Section 1. Collection and Use of Personal Information, above. You can also learn more about our disclosure of Personal Data and the categories of third parties we disclose Personal Data to in Section 2. Sharing of Information, above. To view the categories and the purposes of how AEO processes Personal Data please see Section 10, Additional Rights and Provisions for California, Colorado, Connecticut, Delaware, Iowa, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Texas, Utah, and Virginia residents.

AEO does not use or disclose sensitive personal data of consumers for purposes other than those identified in the Applicable Privacy Laws. We may Process your Personal Data for a Sale or Targeted Advertising. You have the right to opt-out of the Processing of your Personal Data for a Sale or Targeted Advertising, as described below.

If you are a Consumer, subject to certain conditions and restrictions set out in the Applicable Privacy Laws and other applicable laws, you have the following rights with regard to your Personal Data:

1. Right to Access. You have the right to know the Personal Data that we may hold about you and access such Personal Data. If you live in Oregon, you also have a right to request a list of specific third parties to which AEO has disclosed your Personal Data.
2. Right to Correct. You have the right to request that we correct inaccuracies in your Personal Data.
3. Right to Delete. You have the right to request that we delete Personal Data that we have collected from or obtained about you.
4. Right to Opt-Out of Sales. You have the right to opt-out of the Sale of Personal Data. You can opt-out of the Sale of your Personal Data by submitting a request to us as set forth below.
5. Right to Opt-Out of Targeted Advertising. You have the right to opt-out of Targeted Advertising. You can opt-out of Targeted Advertising by submitting a request to us as set forth below.
6. Right to Opt-Out of Profiling. You have the right to opt-out of our processing of Personal Data for the purposes of profiling. Our profiling does not result in decisions that produce legal or similarly significant effects and therefore, we do not offer a way for you to submit such a request.
7. Right to Appeal. If you are unsatisfied with our actions related to the exercise of one of your privacy rights above, you may appeal our decision.

Consumers may submit their Data Subject Access Requests via our Data Request. Consumers may also opt-out of Sales and Targeted Advertising by submitting a request via the “Your Privacy Choices” link which is available in the footer of the AE.com website and Settings of the AE + Aerie mobile app. You may also opt-out via a GPC browser signal. Your GPC opt-out preference signal status will be displayed within “Your Privacy Choices”. Please note that, depending on the nature of your request, you may be asked to provide information to verify your identity before your request can be processed. We will confirm receipt of your request and respond to your request as soon as we reasonably can and no later than legally required.

You may exercise your privacy rights under the Applicable Privacy Laws. If you choose to exercise any of the privacy rights described above, you will not receive discriminatory treatment from us.

If you make a privacy rights request, we will retain the Personal Data provided to us to fulfill your request for our record keeping purposes.

DE-IDENTIFIED INFORMATION

Where we maintain or use de-identified information, we will continue to maintain and use the de-identified information only in a de-identified fashion and will not attempt to re-identify the information.