- Your Consent
- Types of Information We Collect
We collect a few categories of information as described in this Section 2 (Types of Information We Collect). We may collect this information through different sources as described in Section 3 (How We Collect Personal information) below.
2.a - Personal Information
We use the term "Personal Information" to mean any information that identifies you as an individual, and any other information we associate with it. We may receive Personal Information from you directly, such as:
Your name, email address,
Other contact information including a physical address and phone number;
Your payment and billing information;
Any information or feedback you provide in communications with us through our Website or via social media, email or our customer call center;
Your orders and transactions with us.
2.b - Online Activity Information
We also collect technical and device-related information through our Website and third party analytics tools we use (collectively, the "Online Activity Information"). Sometimes Online Activity can be associated with your Personal Information (as described below), otherwise it is considered Anonymous Information as described below.
2.c - Anonymous Information
- How We Collect Personal Information
As described below, we may collect information from you when you visit our Website, when you call us, In some instances, we may also receive information about you from third parties such as service providers.
3.a - Site Visitors
As a Site Visitor, you decide whether to provide us with your Personal Information. We allow you to visit our Site, browse our products, and review other information about our Services without revealing your identity or otherwise providing any Personal Information. In that case, the only information that we collect from your visit will be Online Activity Information or Anonymous Information.
3.b - Registered Users
3.c - Purchasing Products; Order Fulfillment and Payment; Financing and Protection
3.d - Photographs and Videos
We may provide the ability for you to submit photos to us through our Website or e-mail (either directly or through a third party service) For example, we may allow you to submit a photo of a product in connection with a review, or to report delivery damage in order to obtain an exchange. We will use the photo(s) that you submit for the purpose for which they were submitted. It is your responsibility to ensure that any photo you submit do not include images of any individuals or other identifying information.
We may also enable you to use a mobile device to scan a space where you might like to place certain furniture to visualize how the space might look with the furniture you select, for more information about this augmented reality
3.e - Emails; Live Chat; Customer Service Calls
You may contact us by phone, email, or through our Site's "live chat" service with your questions, comments, or feedback concerning our Site or Services. By communicating with us for these purposes, you may provide us with your email address or other Personal Information, and we will use this information in connection with responding to you and to improve our Services and offerings.
3.f - Questionnaires and Surveys
Our Website may allow you to participate in surveys and questionnaires, and we may post responses on the Site from time to time. You are free to choose whether you participate in a survey or questionnaire. We may ask that, in addition to providing your responses, you also provide Personal Information. In these instances, we use any information that you provide to us for the purposes for which you submit the information. We may also add your Personal Information to your customer profile so that we can provide you a more personalized shopping experience on the Website, as well as for advertising and marketing purposes. Survey and questionnaire information may be used for the purposes of monitoring or improving the use and appeal of this Site or improving our business.
3.g - Newsletters and Special Offers
You may choose to sign up to receive communications from us including, for example, emails with information on deals, news, store openings, and other events. In addition, if you are a Registered User or have previously provided Payless with your email address, we may choose to send news, bulletins, marketing materials, or other information. We may use your Personal Information or expressed preferences to determine which communications may interest you, and to send such communications. You can opt out of receiving these communications as provided in Section 11 (Your Choices Regarding Your Personal Information; Opting Out) below.
3.h - User-Generated Content
We may give you the ability through the Website to engage with us and others in public exchanges, and this may include opportunities for you to provide comments, reviews, recommendations, and other input via the Website (collectively, "User-Generated Content"). Please understand that, if you include Personal Information in User-Generated Content, others may be able to read, collect, re-publish, and otherwise freely use the Personal Information. We are not responsible for Personal Information that you decide to include in User-Generated Content, and we are not obligated to take down, remove, or edit User-Generated Content, except as required by applicable law. If your User-Generated Content includes Personal Information relating to others, you represent that you have full permission and authority to do so.
3.i - Collection of Personal Information Offline
3.j - Personal Information Received from Third Parties
- How We Collect Online Activity Information and Anonymous Information
We collect Online Activity Information and Anonymous Information to analyze the effectiveness of our Site, to improve our Website and our Services, and for other similar purposes.
4.a - IP Addresses; Logs
Payless may automatically receive and record information in our server logs from your browser, including your IP address (the Internet address of your computer), your computer's name, the type and version of your web browser, referrer addresses, and other generally-accepted log information. We may also record page views (hit counts) and other general statistical and tracking information, which will be aggregated with that of other users in order to understand how our Website is being used, and for security and monitoring purposes.
4.b - Cookies
A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a website's computers and stored on your computer's hard drive. Cookies can be used to provide you with a tailored user experience and to make it easier for you to use a website upon future visits. We may include cookies on our Website and use them to recognize you when you return to our Website. You may set your browser so that it does not accept cookies. Cookies must be enabled on your web4.3 Tags
4.c - Click-Throughs
We may send email messages, which use a "click-through URL" linked to content on our Website. When you click one of these URLs, you pass through our web server before arriving at the destination web page. We track this click-through data to help determine interest in particular topics and to measure the effectiveness of our customer communications. If you prefer not to be tracked simply do not click text or graphic links in the email, or notify us in accordance with Section 11 (Changing or Removing Information; Opting Out).
4.d - Computer Configuration
- How We Use The Information We Collect
To provide you with the Services you request (on the Website, by phone, or otherwise), including use of our Website, to complete purchases, order fulfillment, returns and other needs associated with a transaction, to create and manage Registered User accounts, and to communicate with you regarding our Services;
To allow you to post User-Generated Content, submit photographs for marketing or other purposes and to process your requests using such photographs, and participate in surveys and questionnaires;
To respond to your inquiries;
To customize and enhance your use of our Website and Services, such as by personalizing your experience with us;
To provide communications that might interest you, including marketing messages and to inform you of products and services that we think would be appealing to you, whether the products or services are provided by us or by others, and whether the products or services are available via our Site or via a third party;
To verify your identity and to securely process your purchases or other requests for Services;
To perform analytics, quality control, market research, and to determine the effectiveness of our Site, promotional campaigns, to improve our current products, Services, and Site, and develop new products and services;
To perform internal administration, auditing, operation, and troubleshooting for our Site and Services;
To share the information with third parties strictly as permitted in Section 8 (How We May Disclose Your Information) below;
- Treatment of Combined Information
- Other Essential or Internal Uses of Information
We may also use information we collect as we believe to be necessary or appropriate for certain essential purposes, including:
To comply with applicable law and legal process;
To respond to requests from public and government authorities, including public and government authorities;
To detect, prevent, or investigate potential security incidents or fraud;
To facilitate the functionality of our mobile applications and websites;
To provide important product safety information and notice of product recalls;
To enforce our terms and conditions;
To protect our operations or those of our affiliates;
To protect our rights, privacy, safety or property, security and/or that of our affiliates, you or others; and
To allow us to pursue available remedies or limit the damages that we may sustain.
- How We May Disclose Your Information
We will not disclose your Personal Information to third parties without your express consent, except in the following limited circumstances:
8.1 Payless RTO Vendors
We may employ other companies to perform functions on our behalf, such as development, maintenance and hosting of our Website, data analysis, payment processing, order fulfillment, product deliveries, IT services, customer service, email delivery services, consumer financing, and other functions necessary to our business operations (collectively, "Vendors"). We may need to share your Personal Information with our Vendors. We will only provide Vendors with information so they can perform their required functions, and we will not allow them to use your Personal Information for any other purpose.
Online Activity Information may be shared with our online and email advertisers or other third parties that provide cookies, pixel tags, or other similar technologies for use on our Site to manage and improve our online Services and marketing activities.
8.2 Safety and Security
8.3 Legal Obligation
Payless will reveal your Personal Information to the extent we reasonably believe that we are required to do so by applicable law. If we receive legal process calling for the disclosure of your Personal Information, we will attempt to notify you via the email address you supplied during registration within a reasonable amount of time before we respond to the request, unless such notification is not permitted.
8.4 Corporate Transaction
8.5 Our Affiliates
- Accuracy and Minimization of Data
We take reasonable steps (1) to maintain the accuracy of the Personal Information we process, and (2) to limit the Personal Information that we process to that which is reasonably necessary for the purposes for which we obtain the information. We may retain your Personal Information for as long as reasonably necessary to provide services to you, unless you request that we delete certain information in accordance with Section 11.3 (Access, Deletion, and Do-Not-Sell Requests) below.
- Your Choices Regarding Your Personal Information; Opting Out
11.1 Discretionary Account Information
To allow appropriate control over Personal Information, you can view, change, or update discretionary information that you have previously submitted either by contacting us as provided in Section 21 (Contact Us) below or by accessing your account on our Website if you are a Registered User.
If we choose to send to you bulletins, updates, or other marketing-related materials, we will provide you with the ability to decline – or "opt out" – of receiving such communications. Instructions for opting-out will be provided if and when we determine to send you such a communication. For example, if you no longer wish to receive email messages from us, you can opt out of this Service by either (1) following the "unsubscribe" instructions located near the bottom of each email message, or (2) contacting us as provided in Section 21 (Contact Us) below. Please understand that we may still communicate with you in connection with administrative notices concerning any transactions, operation of the Site and legal notices.
11.3 Access, Deletion, and Do-Not-Sell Requests
We provide the following additional rights with respect to your Personal Information:
You may request a copy of the following: (1) the categories of Personal Information we collected about you; (2) the categories of sources from which the Personal Information is collected; (3) the business or commercial purpose for collecting or selling (if applicable) the Personal Information; (4) the categories of third parties with whom we share Personal Information; and (5) the specific pieces of Personal Information we have collected about you.
You may request that we delete your Personal Information. Note that deletion requests are subject to a number of limitations, for example, we may keep Personal Information as permitted by law, such as for tax or other record keeping purposes, to maintain an active account, to process transactions and facilitate customer requests, and for other internal business purposes consistent with the terms under which it was collected.
You can submit any of these requests by contacting us at (631) 824-3496. You may authorize another person (your "Agent") to submit a request on your behalf the same way. Shortly after you (or your Agent) submit a request, we will contact you (usually via email) with instructions on how to verify the submitted request before we fulfill it. Please be advised that these requests are unrelated to an opt-out of marketing communications, which can be done as provided in Section 11.2 (Opt-Out of Marketing Communications) above.
Please be advised that Payless will fulfill these requests in its reasonable discretion or as otherwise required by applicable law. Likewise, we will aim to complete such requests as soon as reasonably practicable and consistent with any applicable law.
If you otherwise have concerns or objections with our processing of your Personal Information, please contact us as provided in Section 20 below.
- Notice of Security Incident
If we detect unauthorized access to Personal Information (an "Intrusion"), we will: (1) notify affected users of the Intrusion if the information at issue is sensitive, in our discretion; (2) deliver this notice by the means we deem most efficient under the circumstances; (3) use contact information for each affected user that is current in our files; and (4) use commercially reasonable efforts to accomplish these steps in a timely manner. To the extent applicable law requires steps in addition to those specified above, we will comply with applicable law.
- Participation of Children and Teens; Advisory
WE DO NOT ALLOW INDIVIDUALS WHO WE KNOW OR BELIEVE ARE UNDER 13 TO PARTICIPATE IN OUR SITE OR SERVICES. YOU MUST BE AT LEAST 13 YEARS OLD TO USE OUR SITE AND SERVICES. IF YOU ARE BETWEEN 13 AND THE APPLICABLE AGE OF MAJORITY, PLEASE REVIEW THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN. If you believe that we might have received Personal Information from an individual under 13 years old, please contact us as directed in Section 21 (Contact Us) below.
- Feedback, Concerns and Complaints
We want to hear from you. If you have feedback, suggestions on how we can improve our Services or complaints you would like us to address, please contact us as directed in Section 21 (Contact Us)
- Notification of Changes
- Our Affiliates
- Third Party Sites; International Considerations
- Contact Us
- Do No Track Notice
- Effective Date