Birkenstock: U.S. State Privacy Notice
Effective Date: January 1, 2025This U.S. State Privacy Notice (“Notice”) describes how Birkenstock USA (“us,” “we,” or “our”) processes Personal Information of consumers in states with comprehensive consumer privacy laws, including California (the “Applicable States”). This Notice supplements our other privacy policies and notices, including our main Privacy Policy. In the event of a conflict between any other policy, statement, or notice and this Notice, this Notice will prevail as to consumers in the Applicable States (“Consumers”).
We may update information in this and other notices regarding our data practices and your rights, modify our methods for responding to your requests, and/or supplement our response to your requests, as we continue to develop our compliance program to reflect the evolution of the law and our understanding of how it relates to our data practices. If we change this Notice, we will post an updated version on the Site and change the date at the top of this page to reflect the most recent revision. If we materially change this Notice, we may provide additional specific notice at our discretion.
This Notice describes our collection, use, disclosure, and sale of Consumers’ “Personal Information”, as well as rights Consumers have under Applicable State privacy laws.
TABLE OF CONTENTS
- Collection and Use of Personal Information
- Retention of Personal Information
- Disclosure of Personal Information
- Submitting Requests Relating to Your Personal Information
- Your Privacy Rights
- Financial Incentive and Loyalty Programs
- California’s “Shine the Light” Law
- Contact Us
The information below that describes how and why we collect, use, and disclose your Personal Information also describes how we have collected, used, and disclosed Personal Information in the preceding twelve (12) months. Terms defined in the Applicable State laws that are used in this Notice shall have the same meaning as in the Applicable State law.
COLLECTION AND USE OF PERSONAL INFORMATION
“Personal Information” (“PI”) means information that is linked or reasonably linkable to you and includes “Personal Data”, as defined in Applicable State laws. Personal Information does not include information that is publicly available, deidentified, or aggregated.We collect the following categories of Personal Information about Consumers. Personal Information we collect about you may vary depending on the nature of your interactions with us and may not include all of the examples listed below.
Category of PI | Examples of PI Collected | Sources of PI Collection | Purposes for PI Collection and Use |
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Identifiers | Real name, alias, postal address, unique personal identifier, online identifier, IP address, email address, account name, driver’s license number, or other similar identifiers |
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Personal records (including Personal Information described in Cal. Civ. Code § 1798.80(e)) | Name, signature, address, telephone number, driver’s license or state identification card number, education, employment, employment history, bank account number, credit card number, debit card number, or other financial information |
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Characteristics of protected classifications | Age and date of birth, race, ancestry, ethnic origin, sex, gender, gender identity, household make-up |
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Commercial information | Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies, or account profiles |
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Internet or other electronic network activity information | Internet or other similar activity, browsing history, search history, information on a Consumer's interaction with a website, application logs, device data and registration, or advertisement |
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Geolocation data | Precise physical location and movements |
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Audio, electronic, visual, or similar information | Audio recordings of customer service calls, (CCTV footage applicable to retail location only) |
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Professional or employment information | Professional, educational, or employment-related information |
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Inferences from PI collected | Customer profiles reflecting preferences and predispositions |
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Some Personal Information we collect may be considered Sensitive under certain Applicable State laws and the scope of Sensitive Personal Information changes depending on the Applicable State law. We process Sensitive Personal Information including:
- Racial or ethnic origin;
- Financial information;
- Driver’s license, state identification card, or passport number; or
- An account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account.
In addition, we may collect, use, and disclose your PI as required or permitted by Applicable State law. We do not treat deidentified data or aggregate Consumer information as PI and we reserve the right to convert, or permit others to convert, your PI into deidentified data or aggregate Consumer information. We do not attempt to re-identify such information.
RETENTION OF PERSONAL INFORMATION
We keep the categories of Personal Information described above for as long as is necessary for the purposes described in this Notice or otherwise authorized by law. This generally means holding the information for as long as one of the following apply:- Your Personal Information is reasonably necessary to manage our operations, to manage your relationship with us, or to satisfy another purpose for which we collected the information;
- Your Personal Information is reasonably necessary to carry out a disclosed purpose that is reasonably compatible with the context in which the Personal Information was collected;
- The information is reasonably required to protect or defend our rights or property (which will generally relate to applicable laws that limit actions in a particular case); or
- We are otherwise required or permitted to keep your information by applicable laws or regulations.
Where information is used for more than one purpose, we will retain it until the purpose with the latest period expires. For more information about our retention policies, please contact us using the contact details below.
DISCLOSURE OF PERSONAL INFORMATION
Disclosure to Service Providers and ContractorsThe chart below shows the categories of Personal Information we disclose to our service providers and contractors for business or commercial purposes.
Category of Personal Information or Sensitive Personal Information | Categories of Recipients to which Information was Disclosed | Purpose(s) for Disclosures |
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Identifiers |
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Personal Records (including Personal Information described in Cal. Civ. Code § 1798.80(e)) |
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Characteristics of protected classifications |
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Commercial Information |
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Internet or other electronic network activity information |
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Geolocation Data |
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Audio, electronic, visual, thermal, olfactory or similar information (Retail Location Only) |
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Inferences from PI Collected |
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Sensitive Personal Information |
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Sensitive Personal Information of California Consumers |
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Sales and Sharing for Targeted and Cross-Context Behavioral Advertising
Under Applicable State law, a “sale” of Personal Information does not necessarily involve an exchange of money. Instead, the term may also include disclosures of Personal Information to third parties under circumstances where the third parties may use the information for their own purposes. We do not sell your Personal Information in exchange for monetary compensation. We may allow certain third parties (such as certain advertising partners) to collect your Personal Information via automated technologies on our online channels or otherwise share Personal Information with such parties in exchange for non-monetary consideration (such as an enhanced ability to serve you content and advertisements that may be of interest to you). You have the right to opt out of this disclosure of your information, as detailed below.
We disclose the following categories of Personal Information about residents of the Applicable States with our advertising partners in a manner that may constitute “targeting advertising” or “cross-contextual behavioral advertising” under the Applicable State laws in order to enhance our ability to serve you content and advertisements that may be of interest to you: identifiers, commercial information; internet or other electronic network activity information; and inferences.
We work with one or more third parties that may place cookies on individuals’ computers to (i) administer and analyze effectiveness of advertising or promotional campaigns; (ii) receive information about traffic to our site and browsing and purchasing activity on our online services; and (iii) provide a more tailored user experience. These third parties may collect information about individuals’ internet or other similar network activity and browsing patterns, IP address, page interaction (such as scrolling, clicks and mouseovers), and information obtained via cookies with these third parties (such as the site visited before or after), and may retain rights to use some of this information for their own purposes.
We do not knowingly sell the Personal Information of minors under 16 years of age without affirmative authorization.
SUBMITTING REQUESTS RELATING TO YOUR PERSONAL INFORMATION
Under Applicable State laws, Consumers have certain rights, as described in the “Your Privacy Rights” Section below, which they may exercise independently or, in certain Applicable States, through an authorized agent. These rights requests are subject to an identification and verification process. We will not fulfill a request unless we have been provided sufficient information for us to reasonably verify that the requestor is the Consumer about whom we collected PI. Please note that if you make a privacy rights request, we will retain the Personal Information submitted in connection with your request for recordkeeping purposes. We will not discriminate against you if you choose to exercise any of your privacy rights.Your Consumer privacy rights are described below. To make a request, please use our Consumer Privacy Rights Request webform, available here. To manage your cookie settings, click here. You may also call us at 1-844-505-4055 to exercise your requests. We will take appropriate steps to confirm identity for purposes of verifying the authenticity of the request. You may be required to provide certain PI to allow us to verify that you are the Consumer about whom the request is being made or the authorized agent of such Consumer. If you request that we provide you with certain rights, we will apply heightened verification standards.
YOUR PRIVACY RIGHTS
Residents of Applicable States have rights related to your Personal Information. Certain rights may not be applicable to your state.Right to Access and Data Portability. You have the right to confirm whether we are processing your Personal Information, to access your Personal Information, and to obtain a copy of Personal Information you provided to us in a portable format. Oregon residents may also request a list of specific third parties to which we disclosed Personal Information. Delaware residents may request a list of the categories of third parties to which we have disclosed your Personal Information.
Right to Correct. You may have the right to request that we correct inaccuracies in your Personal Information, taking into account the nature of the Personal Information and our purposes for processing it.
Right to Delete. You have the right to request that we delete your Personal Information, subject to certain exceptions.
Right to Opt Out of Sales and Sharing of Personal Information. You may have the right to opt out of the sale of your Personal Information, and to request that we do not share your Personal Information for targeted and cross-context behavioral advertising. To opt out, please click here. Please note that opting-out of the sale of your information for interest-based advertising purposes does not mean you will stop seeing ads, including interest-based ads, and your information that was collected and sold prior to 90 days before your opt-out request may be further used and sold for interest-based advertising purposes. Please also note that if you choose to use the Global Privacy Control (GPC) browser signal, you will only be opted out of online sales and sharing for targeted and cross-context behavioral advertising, and will need to turn it on for each browser you use.
Right to Opt Out of Profiling. You may have the right to opt out of the use of your Personal Information for profiling in furtherance of decisions that produce legal or similarly significant effects. We do not use Personal Information for Profiling in furtherance of decisions that produce legal or similarly significant effects concerning Consumers.
Right to Appeal. Sometimes we are unable to process requests relating to your Personal Information, in which case, your request will be denied. If you are a resident of certain Applicable States whose privacy rights request has previously been denied by us and you believe we denied it in error, you may appeal for reconsideration of your request using our email at privacy@birkenstockusa.com or call us at 1-844-505-4055.
Your Additional California Privacy Rights
In addition to rights described above, California residents have the following rights under the California Consumer Privacy Act (“CCPA”):
Right to Know. You have the right to request that we disclose the following information for the 12-month period prior to the request date. Consumer requests of this nature may be made no more than twice in a 12-month period. You have the right to know what Personal Information we have collected about you, which includes:
The categories of Personal Information we have collected about you, including
- The categories of sources from which the Personal Information was collected
- Our business or commercial purposes for collecting, sharing, or disclosing Personal Information
- The categories of recipients to which we disclose Personal Information
- The categories of Personal Information that we shared, and for each category identified, the categories of third parties to which we shared that particular category of Personal Information
- The categories of Personal Information that we disclosed for a business purpose, and for each category identified, the categories of recipients to which we disclosed that particular category of Personal Information
Right to Limit Use and Disclosure of Sensitive Personal Information. We do not use or disclose Sensitive Personal Information for purposes to which the right to limit use and disclosure applies under the CCPA.
Rights Related to Automated Decision-Making. You have the right to opt out of automated decision-making, including Profiling, that we use to evaluate certain personal aspects relating to your performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements. We do not use Personal Information for automated decision-making in furtherance of decisions that produce legal or similarly significant effects concerning Consumers.
Right to Non-Discrimination for the Exercise of Your Privacy Rights. If you choose to exercise any of your privacy rights under the CCPA, you also have the right not to receive discriminatory treatment by us.
FINANCIAL INCENTIVE AND LOYALTY PROGRAMS
California Financial Incentive ProgramsWe may offer you certain financial incentives permitted under applicable law that can result in different prices, rates, or quality levels. A financial incentive notice is either provided below for the particular program listed or will be provided in connection with the offer for the particular financial incentive. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. We may add or change programs and their terms by posting notice on the program descriptions below or within the offer to participate, so please check them regularly.
Program | Incentive Offered | Material Term | How to Opt In |
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Email and Text Message Sign Up Discount | First-time email and text message signup Consumers earn 10% off their first purchase. | The Email and Text Message Sign Up Discount is available to Consumers who are 18 years of age or older, and discounts are redeemable only at birkenstock.com/us on full price styles, exclusions apply. We collect your email address and phone number to facilitate our operations, send you marketing messages, and to provide you with benefits. | Participating in the Email and Text Message Sign Up Discount is entirely optional but is subject to additional terms and conditions and exclusions. You may opt in by providing your email address and phone number on our website at the link available from time to time at our home page, birkenstock.com/us and opting in to receive messages from us. |
The financial incentive we offer to Consumers through each program is reasonably related to the value of the Consumer’s data. We have made a good faith estimate of the value of the Consumer’s data based on relevant expenses related to the collection and retention of Personal Information as part of each program.
Participants in a financial incentive program may make a Personal Information deletion request as set forth herein. Consumers that are part of a rewards program will then be sent an email requesting that they confirm that they want to delete their respective program data. You may also terminate program participation at any time, as explained in each program’s terms or by calling us at 1-844-505-4055. Upon a termination request, some program data associated with the terminated account may be retained for recordkeeping, tax reporting, and other legally permissible purposes. You can opt out of non-program marketing emails or delete your Personal Information from our active marketing lists and retain your program account and benefits.
Colorado Bona Fide Loyalty Programs
We may offer you certain loyalty program benefits permitted under applicable law that can result in different prices, rates, quality, or selection levels. A loyalty program notice is either provided below for the particular program listed or will be provided in connection with the offer for the particular program.
Participation in a loyalty program requires your prior opt-in consent, which you may revoke at any time. The “Disclosure of Personal Information” Section above identifies the categories of Personal Information that we may collect, sell, or process for targeted advertising through the loyalty program. The chart below shows the third parties who may receive your Personal Information in connection with the loyalty program, loyalty program partners, and the program benefits provided by each partner. We may add or change programs and their terms by posting notice on the program descriptions below or within the offer to participate, so please check them regularly.
Program | Personal Information | Third Parties and Loyalty Program Partners | Incentive Offered |
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Email and Text Message Sign Up Discount | Identifiers Personal Records | Service providers that help us operate the program | First-time email and text message signup Consumers earn 10% off their first purchase |
Participants in a loyalty program may make a Personal Information deletion request as set forth herein. Consumers that are part of a rewards program will then be sent an email requesting that they confirm that they want to delete their respective program data. You may also terminate program participation at any time, as explained in each program’s terms or by calling us at 1-844-505-4055. Upon a termination request, some program data associated with the terminated account may be retained for recordkeeping, tax reporting, and other legally permissible purposes. You can opt out of non-program marketing emails or delete your Personal Information from our active marketing lists and retain your program account and benefits.
CALIFORNIA’S “SHINE THE LIGHT” LAW
Under California’s “Shine the Light” law, California residents are entitled once a year, free of charge, to request and obtain certain information regarding our disclosure, if any, of certain categories of Personal Information to third parties for their direct marketing purposes in the preceding calendar year. We do not share Personal Information with third parties for their direct marketing purposes. If you are a California resident, you may request information about our compliance with this law by emailing us at privacy@birkenstockusa.com or by sending a letter to Birkenstock USA, LP, Legal Department, 100 Wood Hollow Drive, Suite 100, Novato, CA 94945 (Attention: Privacy Inquiry). Any such request must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year, and that you must exercise your CCPA and “Shine the Light” rights separately.CONTACT US
For more information regarding your privacy rights, you may contact us at 1-844-505-4055 or email us at privacy@birkenstockusa.com. You may also write to us at:Birkenstock USA, LP
Attention: California Privacy Inquiry
100 Wood Hollow Drive, Suite 100
Novato, CA 94945