Privacy Policy

We recently updated our Privacy Policy on January 1, 2020.

Updates include:

Privacy Policy Updates

ModCloth may, at any time and without notice, modify and update this Privacy Policy by revising it on our Sites. If we make any material changes we will notify you by means of a notice on our Sites prior to the change becoming effective. Your continued use of our Sites constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the current Privacy Policy.

Information We Collect About You

ModCloth.com requests and collects personal information from our customers to deliver the products and services you request and to help improve your shopping experience. The types of personal information we may collect from you can vary according to the method through which it was attained. We may collect the following categories of personal information. Not all categories may be collected about every individual:

  1. Information You Provide to Us

We receive and store any information you knowingly provide to us, such as when you create an account, make purchases, and interact with us on social media.

You may also provide personal information about other people, such as their name and email address. When you select to email a friend your wish list, when you tell a friend about ModCloth.com, or when you purchase a Gift Certificate for a friend, we will use their name and email address to send them a one-time email. This information is only used for the sole purpose of completing your request. We do not share your friend’s email information for any other purposes unless that friend creates a membership to ModCloth.com. ModCloth.com stores this information for the sole purpose of sending this one-time email and tracking the success these programs. Your friend may contact us at support@modcloth.com to request that we remove this information from our database.

  1. Information Collected Automatically

As is true of most web sites, we gather certain information automatically and store it in log files. This information may include, for example, internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.

We may combine this automatically collected log information with other information we collect about you. We do this to improve to improve marketing, analytics, and site functionality.

Tracking Technologies

When you interact with ModCloth sites, we use technologies such as cookies, beacons, tags and scripts to collect information about you. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about you and our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

We use cookies for many different functions on ModCloth sites, including user authentication, our shopping cart, and to customize the user experience. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still browse our site, but your ability to use most features or areas of our site may be limited.

Local Storage Objects (HTML5)

We use Local Storage Objects (LSOs) such as HTML5 to store content information and preferences. Third parties with whom we partner to provide certain features on our site or to display advertising based upon your Web browsing activity use LSOs such as HTML 5 to collect and store information.

Various browsers may offer their own management tools for removing HTML5 LSOs.

Do Not Track

Do Not Track is a voluntary program among Internet advertisers that is intended to give users the ability to opt-out of behavioral targeting and advertising through Internet browser settings.  At this time, we do not respond to “do not track” settings.

How We Use Your Information

We use your personal information to provide you products and services, such as to fulfill your request for products or to help us personalize our offering to you.  We also use your personal information to support our business functions, such as fraud prevention, marketing, and legal functions.

Some examples include:

We partner with a third party to either display advertising on our Web site or to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here. Please note this does not opt you out of being served ads. You will continue to receive generic ads.

How We Share Your Information

All of the categories of personal information that we collect have been shared with other companies, including those within our corporate family, for a business purpose. We share your personal information with third parties in the ways that are described in this privacy policy.

  1. Payment, Shipping, Referral, & Other Programs

We use a third party payment processor and a third party shipping agent to ensure the payment and delivery of your purchased products. We also use a third party to administer our referral program. We may use other third parties for other services from time to time. These third parties have no authority to use your personal information for their own promotional purposes.

  1. Legal Disclosure

We reserve the right to disclose personal information to our service providers, the government, law enforcement agencies, or other third parties under certain circumstances where a formal request has been made (such as in responding to a court order, subpoena, or judicial proceeding) when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request, as ModCloth.com, in our sole and absolute discretion, deems necessary and appropriate. Moreover, in the event of a sale, merger, or transfer of some or all of ModCloth’s assets, or dissolution or bankruptcy, your personal information may be transferred to an unaffiliated third party as part of or apart from other transferred assets or assets. Any transfer will then be governed by and be the responsibility of any purchaser of or successor to the transferred assets or assets. We will notify you by a notice on the home page of any change in the information practices governing your personal information as a result of any transfer of assets or any asset change in ownership, and your choices in how your information is used.

  1. Links to Third Party Websites

This Site contains links to other websites. ModCloth.com takes no responsibility for the privacy practices or the content of these other websites. We encourage you to read the privacy policies of each website you visit prior to disclosing your personal information.

  1. User-Generated Content & Information Disclosure

Any personal information or image content you voluntarily disclose online in a manner that other users can view (including, but not limited to: product reviews, Be the Buyer comments, on social media pages, in connection with contests and promotions, and on the ModCloth blog) becomes publicly available, and can be read, collected, and used by other members of this forum to send you unsolicited messages. Your membership name, email, or other information may also be displayed when you post comments or upload images throughout the Site. ModCloth.com is not responsible for the personal information users select to disclose in these forums. To request removal of your personal information from our blog or community forum, contact us at support@modcloth.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

  1. Social Media Features and Widgets

Our Web site includes Social Media Features, such as the Facebook Like button and Widgets, such as the Share this button or interactive mini-programs that run on our site. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.

  1. Single Sign-On

You can log in to our site using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on this Web site to your profile page to share with others within your network.

  1. Unaffiliated Third Party Marketing

ModCloth may provide your personal information to third parties for these third parties' own marketing and other business purposes. An example of such a third party would include third party catalog co-ops. 

Your Choices

You can access, update, or change your personal information and communication preferences by signing into your ModCloth membership page and modifying your preferences at your discretion. If you wish to cancel your account, or request that we no longer use your information to provide services to you, contact us at support@modcloth.com.

You may opt out of our continuing to share your information for third parties own marketing or business purposes, including third party catalog co-ops, for their own marketing purposes by contacting us at support@modcloth.com.

We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at support@modcloth.com. In any event we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, enforce our agreements, and for other business purposes.

You can choose not to provide us with any or all of the information we specify or request, but then you may not be able to create a membership with us or to take advantage of some or all of our features. We may also send you newsletters and additional email messages about our products, services, contests, and promotions that we feel may be of interest to you. If you no longer wish to receive these and other promotional communications from us, you may select the unsubscribe link which is present in each email. You may also customize your communication preferences by accessing the email preference center in your ModCloth membership page and adjusting your settings accordingly.

How We Protect Your Information

ModCloth.com recognizes the importance of maintaining the security of our customers’ personal information. Security measures we use to protect your personal information include physical and technical security access controls or other safeguards, information security technologies and policies, procedures to help ensure the appropriate disposal of information, and training programs.

If you have any questions about security on our Web site, you can contact us at support@modcloth.com.

Children’s Privacy

ModCloth.com is intended for users who are 13 years of age and older. If you are under the age of 13, you are not permitted to submit any personal information to ModCloth.com. If you believe we may have collected information from a person under the age of 13, please promptly contact support@modcloth.com so we can correct.

California Privacy Rights

California Consumer Privacy Act:

If you are a California resident, you can make certain requests regarding your personal information. We will fulfill each of these requests to the extent required by law

  1. You can ask us what personal information we have about you, including a list of categories of your personal information that we have sold and a list of categories of your personal information that we have shared with another company for a business purpose.
  2. You can ask us to delete your personal information.
  3. You can ask that we stop selling your personal information.

More information on each of these requests is below.

  1. What personal information do you collect about me? If you make this request, we will return to you (to the extent required by law):

    • The categories of personal information we have collected about you.
    • The categories of sources from which we collect your personal information.
    • The business or commercial purpose for collecting or selling your personal information.
    • The categories of third parties with whom we share personal information.
    • The specific pieces of personal information we have collected about you.
    • A list of categories of personal information that we have sold, along with the category of any other company we sold it to. Any of the categories of personal information that we collect could be included in a sale to other companies, including those within our corporate family. If we have not sold your personal information, we will inform you of that fact.
    • A list of categories of personal information that we have disclosed for a business purpose, along with the category of any other company we shared it with.

    You can ask us to provide you with this information up to two times in a rolling twelve-month period. When you make this request, the information provided may be limited to personal information we collected about you in the previous 12 months.

  2. Delete My Personal Information: You have the right to ask that we delete your personal information. Once we receive a request, we will delete the personal information (to the extent required by law) we hold about you as of the date of your request from our records and direct any service providers to do the same. In some cases, deletion may be accomplished through de-identification of the information. If you choose to delete your personal information, you may not be able to use certain website or in-store functions that require your personal information to operate. Deleting your personal information will not cancel memberships you have purchased.
  3. Stop Selling My Personal Information: We do not sell your personal information for monetary consideration. However, under some circumstances a transfer of personal information to a third party, or within our Walmart family of companies, without monetary consideration may be considered a “sale” under California law. For purposes of California law, all categories of personal information are transferred to third parties or within our family of companies. Such transfers may be considered a sale. If you submit a request to stop selling your personal information, we will stop making such transfers. If you are a California resident, to opt-out of the sale of your personal information, click “Do Not Sell My Personal Information” at the bottom of our home page to submit your request.

We will not discriminate against you for exercising your rights. This generally means we will not deny you goods or services, charge different prices or rates, provide a different level of service or quality of goods, or suggest that you might receive a different price or level of quality for goods. Please know, if you ask us to delete or stop selling your data, it may impact your experience with us, and you may not be able to participate in certain programs or membership services which require usage of your personal information to function.

To exercise the California privacy rights described above, please click “Request My Personal Information” at the bottom of our home page or call 888.495.9699.

Your California Privacy Rights – Shine The Light

Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2020 will receive information regarding 2019 sharing activities).

To obtain this information from ModCloth please send an email message to support@modcloth.com with “Request for California Privacy Information” on the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Not all information sharing is covered by the “Shine the Light” requirements, and only information on covered sharing will be included in our response.

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