PRIVACY POLICY


Last Updated: October 14, 2022

This Privacy Policy describes the types of information Hot Topic, Inc. and its affiliates, BoxLunch and Her Universe, (collectively, “Hot Topic Brands”, “we”, “us”, or “our”) collect when you:

  • Visit or interact with a Hot Topic Brands website (“Sites”);
  • Use a Hot Topic Brands mobile application (“App”); or
  • Interact with us online, such as through our social media (“Online Interactions”); or
  • Interact with us offline, such as in our physical retail stores, by telephone, or at in-person events (“Offline Events”).

  • The Sites, Apps, Online Interactions, and Offline Events are collectively referred to as the “Services.”

    Please read this Privacy Policy carefully as it explains how Hot Topic Brands may use and disclose such information, as well as your ability to control certain uses of it. IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY POLICY, THEN PLEASE DO NOT USE THE SERVICES.

    By using the Services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy, and you agree to our Terms of Use, which are incorporated by reference. If you do not agree, stop accessing or using the Services and see information below about your rights.

    HOT TOPIC BRANDS AND ALL ASSOCIATED SERVICES AND SYSTEMS ARE DIRECTED TO RESIDENTS OF THE UNITED STATES AND HOUSED ON SERVERS IN THE UNITED STATES. IF YOU ARE LOCATED OUTSIDE OF THE UNITED STATES, INFORMATION WE COLLECT (INCLUDING COOKIES) IS PROCESSED AND STORED IN THE UNITED STATES, WHICH MAY NOT OFFER THE SAME LEVEL OF PRIVACY PROTECTION AS THE COUNTRY WHERE YOU RESIDE OR ARE A CITIZEN. BY USING THE SERVICES AND PROVIDING INFORMATION TO US, YOU CONSENT TO THE TRANSFER TO AND PROCESSING OF YOUR INFORMATION IN THE UNITED STATES.


    I. WHAT INFORMATION DO WE COLLECT?

    Hot Topic Brands collect information that identifies, relates to, describes, or is reasonably capable of being associated with you (“Personal Information”) and may include the following kinds of information to the extent they identify you or your household:

  • Personal identifiers, such as your name, date of birth, gender, phone number, email address, and postal address.

  • Financial and commercial information, such as your payment card number, billing address, and related financial information. We also collect transaction information such as your purchasing history.

  • Account information, if you choose to create an account or enroll in one of our loyalty programs we also collect your account number, username and password, and similar data.

  • Audio, electronic, and visual information, such as photos and other information you post on our Sites or Apps. This also includes information you provide from your social networking sites, such as social media account ID, profile photo, and other data made available when you choose to link your social media accounts or loyalty accounts.

  • Communications between you and any Hot Topic Brands (whether in written, audio, or video format), including, but not limited to, questions or comments submitted by you to our customer service departments (through phone, email, live chat, automated chat, or otherwise), as part of an interactive event or feature, or in connection with product reviews (including any photographs you submit as part of a product review).

  • Internet network activity, such as how you use our Sites or Apps, the products you have viewed, and what website you visit when you leave. We also collect information through Cookies and similar technologies that may capture your internet protocol (IP) address, personal device identifiers, the type of browser you are using, your operating system, ISP information, and similar online identifiers. See the Section below on Cookies for more information about how we collect information about your online activity.

  • Geolocation information from your IP address, which links to the region you live in, or shares your location with us if your location settings on your device are set to share.

  • Personal Information does not include publicly available information in government records or any data that has been deidentified, aggregated, or otherwise anonymized.


    II. WHERE DO WE COLLECT INFORMATION FROM?

    We collect your Personal Information from the following sources:

  • You, when you buy something; register or create an account; enroll in one of our loyalty programs; maintain a Wish List; request information from us; sign up for our newsletters, email list, or text message list; participate in a contest, sweepstakes, or other promotion; fill out a survey; submit a product review; connect with us on social media;, request or contact customer service; communicate with or contact us through any means (for example, phone, email, text message, live chat, automated chat, or app); or otherwise use the Services.

  • Cookies and similar website interaction technologies, when you use our Sites or Apps.

  • Third-party analytics scripts, which facilitate features on our website, including, but not limited to, video and streaming functionality, social features such as embedding links to our social media, session replay technology which reconstructs a user’s experience to help us improve website functionality, customer support solutions such as live and automated chat features, developer utilities like site monitoring and fraud detection, and other similar services.

  • Social media platforms, when you interact with us on social media. For example, the Services may give you the option to link to your Facebook or other social media account, follow us, or share content on our account, your account, or your friends’ account. Based on the way you have set your privacy settings on your social media accounts, most social media platforms, like Facebook, analyze data about how you interact with our Services and combine it with information on other users to provide us information about your name, profile name, demographic information, contact information, region, interests, and usage data. In addition, we may receive information about you if other users interact with us on social media and information about you is visible to us, for example the fact that you are “friends” or other public-facing profile information.

  • Business partners, if they either have your consent or another legal basis to share your information with us. If you provide your Personal Information to other businesses, we do not control how they treat your information and are not responsible for their conduct. Instead, you should look to those businesses’ policies and notices to understand how they treat your information and how to exercise your rights.

  • III. HOW DO WE USE THE INFORMATION WE COLLECT?

    We use the information we collect to:

  • Provide you with products, information, or services that you have requested or agreed to receive, such as processing and delivering your orders;

  • Process your registration and/or enrollment in any loyalty programs, including by verifying that your email address is active and valid;

  • Process payments made through our Sites and Apps;

  • Contact you with information, newsletters, and promotional materials from Hot Topic Brands or on behalf of our third-party partners and affiliates;

  • Enable you to participate in a variety of features on our Sites or Apps, such as sweepstakes, message boards, customer support, other communication features like live and automated chat, user-generated content functions, and interactive features;

  • Enable you to interact and connect with third-party services like social media platforms;

  • Enable you to invite friends to use our Services, for example when you send someone else a communication through the Services, like an invitation to a friend, we use the information you provide (e.g., your friend’s name and e-mail address) to send the invite;

  • Address problems with the Services, such as technical errors, bugs, and to prevent unauthorized activity;

  • Analyze and understand how you use and interact with our Services to develop new products or services, or enhance or improve our existing content, products, and services;

  • Improve user experience and enable customizations;

  • Provide you with targeted offers and advertising;

  • Prevent and detect crime or fraud; and

  • Operate our day-to-day business.

  • We will not use the personal information we collect for materially different purposes without first making reasonable efforts to notify you.

    Payment Processing. We use third party payment processors to assist with securely processing your payment information. If you pay with a credit card or other form of electronic payment, the payment information that you provide through the Services is encrypted and transmitted directly to the payment processor. We do not store your payment information and do not control and are not responsible for the payment processor or its collection or use of your information. You may find out more about how payment processors store and use your payment information by accessing the privacy policy for the payment processor’s services.

    BoxLunch Brand Ambassador Program. If you participate in BoxLunch’s “BL Collective” brand ambassador program (an overview of which can be found here: https://www.boxlunch.com/boxlunch-collective/, in addition to the information set forth in Section I, we may also collect Protected Classification Characteristics. These Protected Classification Characteristics include age, race, ethnicity, sex (including gender, gender identity, and gender expression), or sexual orientation. Hot Topic Brands uses this information to maintain a diverse group of program ambassadors.

    If you are invited to join the ambassador program, you may be required to create a profile on a third party influencer management platform, such as Mavrck or Grin. We do not control and are not responsible for Mavrck’s or Grin’s collection or use of your information. You may find out more about how Mavrck and Grin collect, store, and use your information by accessing their privacy policies. Mavck’s privacy policy is available at https://www.mavrck.co/, and Grin’s privacy policy is available at https://grin.co/.

    Your participation in BoxLunch brand ambassador program is subject to the program Terms and Conditions. If you have not done so already, please review the program terms and conditions located at https://www.boxlunch.com/customer-service/partnerships/bl-collective/.


    IV. WHEN DO WE SHARE INFORMATION?

    To accomplish the purposes listed above, we share the information we collect:

  • With service providers, including businesses, professionals, or technical support providers to help us operate our business and the Services by doing things like processing your payment and shipping your order, facilitating chat functions, automating the process to enter into sweepstakes, or analyzing sales data to help us develop new products.

  • With third parties promoting sweepstakes, contests, and other promotions, if you choose to enter one of our promotions, we may disclose your information to third parties or the public in connection with running the promotion or announcing winners.

  • With co-sponsors, when you use certain areas of our Sites and Apps, you may be interacting with third parties, such as advertisers that provide products and services or rewards programs. We may share information with these third parties if you participate in a co-branded, co-sponsored, or jointly presented promotion, contest, survey, voting feature, or service.

  • With marketing partners, such as vendors who help us place ads, customize them to certain audiences or users, understand whether those ads are successful, and improve our marketing efforts. We may also share with our marketing partners that may have offers of interest to you.

  • For legal matters; safety. We may be permitted or required by law to access and disclose your information to respond to subpoenas, judicial processes, or government requests and investigations, or in connection with an investigation on matters related to public safety. We may disclose your information to protect the security of our Sites and Apps, servers, network systems, and databases. We also may disclose your information as necessary, if we believe that there has been a violation of our Terms of Use, any other legal document or contract related to our Services, or the rights of any third party.

  • Upon a sale or transfer of our business or assets, if we sell or purchase assets during the normal course of our business. If another entity acquires us or any of our assets, information we have collected about you may be transferred to such entity. In addition, if any bankruptcy or reorganization proceeding is brought by or against us, such information may be considered an asset of ours and may be sold or transferred to third parties. Should such a sale or transfer occur, we will use reasonable efforts to try to require that the transferee use information provided through the Sites and Apps in a manner that is consistent with this Privacy Policy.

  • If it is in aggregate, or anonymous, or deidentified form. We may aggregate, anonymize, or de-identify your Personal Information and share it with third parties for marketing or analytics. Data that is aggregated, anonymized or de-identified is not Personal Information as that term is defined under California law.

  • Elsewhere at your direction. At your direction or request, or when you otherwise consent, we may share your information.

  • V. COOKIES

    Our Sites and Apps use cookies, tags, pixels, and similar technologies (“Cookies”) to provide, customize, evaluate, improve, and protect our Services.

    1. What is a Cookie?

    A Cookie is a small piece of data typically stored in a text file that is placed on your website browser, device, or hard drive when you visit a website or use an application. These include our own first-party Cookies as well as third-party Cookies of our service providers and marketing partners. Cookies serve a variety of functions, like enabling us to remember your log-in information when you visit our Sites. You can find out more about Cookies in general and how they work at Cookiepedia.

    2. What Information Do Cookies Collect?

    Cookies collect online identifiers such as your IP address, device identifier, advertising identifier, or similar unique digital identifier. Cookies use these online identifiers to track your online activity, such as products or services purchased or considered, internet activity, including browsing history, search history, and information regarding your interaction with our Sites, Apps, or a given advertisement. This information may be used by Hot Topic Brands or our service providers to draw inferences and create a profile about your consumer preferences or trends.

    3. Why Do We Use Cookies?

    We use Cookies for the following purposes:

  • Strictly necessary. These Cookies are necessary to make the Sites and Apps run and enable basic functions like page navigation. They also help us identify and control trusted web traffic, as well as detect and prevent fraud or malicious activity. Finally, they ensure the Sites and Apps respond to your instructions, such as remembering items you have added to your cart.

  • Performance and analytics. Cookies help us analyze how you interact with our Sites and Apps to improve user experience and functionality.

  • Customization. We also use Cookies to remember your preferences and customize your user experience. For example, these Cookies can remember your log-in information so you don’t have to sign in every time you return to our Sites.

  • Advertisements. Cookies allow us and our marketing partners to deliver advertisements that are relevant and meaningful to you. Some of our marketing partners may use these Cookies to build a profile of your interests, target advertising on our Sites or others, and measure the efficiency of advertisements.

  • 4. How Can You Manage Cookies?

    If you wish to prevent Cookies from tracking your activity on our website or visits across multiple websites, you can set your browser to block certain Cookies or notify you when a Cookie is set. If you block Cookies, certain features on our website may not work. For more information on how you can customize your browser’s cookie settings please visit the link to your web browser below:

    Chrome
    Google
    Safari
    Internet Explorer
    Mozilla

    You may block our first-party marketing Cookies by submitting an opt-out request here.

    You may opt-out of interest-based advertising in general by visiting the Digital Advertising Alliance’s or Network Advertising Initiative’s websites. We are not responsible for the completeness, effectiveness, or accuracy of any third party opt-out options or programs.


    VI. YOUR CHOICES AND OPT-OUTS

    We provide our customers with the opportunity to opt-out of having their information used for purposes not directly related to placement, processing, fulfillment, or delivery of a product or service under certain circumstances.

    To opt-out of marketing communications, please use one of these convenient methods:

  • Email Offers. If you do not want to receive marketing emails from us, click the unsubscribe link in the footer of the marketing email. You may also opt-out of receiving emails from us by sending an email to internetadministrator@boxlunch.com with “Do Not Email” in the subject line.

  • Direct Mail Offers. If you do not want us to send you any promotional offers through US mail, you may email us at internetadministrator@boxlunch.com with “Do Not Mail” in the subject line. You can also opt-out of having direct mail materials sent to you by visiting http://optout.boxlunch.com.

  • Telemarketing. If you do not want to receive marketing phone calls or text messages from us, please inform us that you no longer want to receive calls from Hot Topic Brands when you receive a call from us, or reply STOP to a text message from us. You can also opt-out of telemarketing by contacting our customer service department.

  • Marketing Communications From Other Hot Topic Brands. If you do not want to receive marketing communications from one or more brands within the Hot Topic Brands family, you must opt-out individually from each of the brands from which you are receiving brand-specific marketing communications. Your instructions to limit the use of your information for these purposes will be processed as soon as reasonably practicable. Additionally, we are not responsible for informing third parties (including without limitation our third-party service providers or partners) with whom we have already shared your Personal Information of any changes requested pursuant to this section.

  • Updating Your BoxLunch Account. You can verify, correct, or update certain information associated with your account by logging into your profile. You are responsible for maintaining the accuracy of this information.

  • Deactivating Your BoxLunch Account. You may deactivate your account, however we may still retain certain information for analytic purposes and recordkeeping integrity, as well as to prevent fraud, resolve disputes, enforce our Terms of Use or other policies, take actions we deem necessary due to technical and legal requirements, and as dictated by constraints related to the security, integrity, and operation of our Sites and Apps.


  • VII. YOUR CALIFORNIA RIGHTS

    1. California Rights

    California residents may have additional rights over their Personal Information.

    Right to Request More Information. You may have the right to request more information about how we treated your Personal Information in the past tweleve (12) months, including:

  • The categories of Personal Information we collected about you;
  • The categories of sources from which we collected that information;
  • Our business or commercial purpose for collecting that information;
  • The categories of third parties with whom we shared that information; and/or
  • The specific pieces of Personal Information we collected about you.

  • The Right to Request Access. You also may have the right to request access to your Personal Information.

    The Right to Request Deletion. Under certain conditions, you may have the right to request that we delete your Personal Information. Please note that simply logging out or uninstalling an app does not delete your account or the Personal Information we may have collected.

    2. How to Exercise these Rights

    To submit a request to exercise these rights you may contact us at:

  • NUMBER: (844) 325-9138
  • WEBFORM: Click Here.

  • If you make a request, we will acknowledge we have received it within ten days. If you do not receive a response, please ensure your request was submitted properly or call us at 855-463-3646.

    Verification. Before we can respond to your request, we must verify your identity using Personal Information. If we are not able to verify your request, we will contact you for more information. If we are unable to verify your identify after a good faith attempt, we may deny the request and, if so, will explain the basis for the denial.

    Designating an Authorized Agent. You may designate someone to submit requests and act on your behalf (an “Authorized Agent”). To do so, you must provide us with written permission to allow your Authorized Agent to act on your behalf.

    Do Not Track Requests. Some web browsers or smartphones have the ability to set “Do Not Track” requests to block user activity from being tracked across web pages or devices. Our Sites and Apps do not recognize “Do Not Track” signals. However, Hot Topic Brands recognize and honor Global Privacy Control (GPC) requests received from qualifying California residents.

    3. Sharing Personal Information

    If you are a California resident, you may request information about our disclosure of Personal Information to third parties or affiliated companies for their direct marketing purposes. To make such a request, please contact us at privacy@boxlunch.com. You must put the statement “Third-Party Marketing Opt-Out” in the subject field.

    We may disclose your Personal Information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. In the preceding twelve (12) months, we have disclosed information to the categories of third parties indicated in the chart below.

    We may also share your Personal Information by selling it to third parties, subject to your right to opt-out of those sales. Our personal information sales do not include information about individuals we know are under age 16. In the preceding twelve (12) months, Hot Topic Brands has sold the following categories of personal information to the categories of third parties indicated in the chart below. For more on your personal information sale rights, see Personal Information Sales Opt-Out and Opt-In Rights below.

    Categories of Third Parties

    Personal Information Category

    Business Purpose Disclosures

    Sales

    Personal identifiers

    Payment processing, marketing, delivery services, customer relationship management, web hosting, or data storage

    None

    Financial and commercial information

    Payment processing, customer relationship management, or data storage

    None

    Account information

    None

    None

    Audio, electronic, and visual information

    Marketing, customer relationship management, or data storage

    None

    Communications

    Customer relationship management, or data storage

    None

    Internet network activity

    Marketing, delivery services, customer relationship management, web hosting, or data storage

    Remarketing, retargeting, and advertising providers

    Geolocation information

    Marketing, customer relationship management, web hosting, or data storage

    Remarketing, retargeting, and advertising providers

    Protected classification characteristics

    In connection with BoxLunch’s brand ambassador marketing program – marketing, customer relationship management, or data storage

    None

    4. Personal Information Sales Opt-Out and Opt-In Rights

    If you are age 16 or older, you have the right to direct us to not sell your Personal Information at any time (the "right to opt-out"). We do not sell the personal information of consumers we actually know are less than 16 years old, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is between 13 and 15 years old, or the parent or guardian of a consumer less than 13 years old. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

    To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the BoxLunch website (https://www.boxlunch.com/) and clicking the link with the title "Do Not Sell My Personal Information."

    Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by visiting the same “Do Not Sell My Personal Information” link on the BoxLunch Website homepage.

    5. Non-Discrimination

    We will not unlawfully discriminate against you for exercising any of these rights.


    VIII. THIRD-PARTY CONTENT, LINKS, AND PLUG-INS

    The Sites and Apps may have links to third-party websites and mobile applications, which may have privacy policies that differ from our own. We are not responsible for the practices of such third-party websites and mobile applications. Our Sites and Apps may also offer you the ability to interact with social plugins from social media sites, which may allow us and/or the social media site to receive data from or about you. In some cases, we may know that you clicked on a social plugin, such as a Twitter Follow button, or receive other information from the social media sites. Similarly, if you have previously provided Personal Information to a third party operating a plug-in on the Sites or Apps, then such third party may recognize you on the Sites or Apps. Your use of social network plugins is subject to each social media site’s privacy policy, which may be different from ours, so please read those policies carefully to understand their policies and your options. As with linked sites, we have no control over the information that is collected, stored, or used by social network plugins, and are not responsible for the practices of such sites.


    IX. PUBLIC FORUMS

    Any information you may disclose on our Sites or Apps, in blogs, on message boards, in chat rooms, or on other public areas on the Sites or Apps or other third-party websites that the Sites or Apps may link to, becomes public information. Please exercise caution when disclosing Personal Information in these public areas.


    X. CHILDREN’S PRIVACY

    Protecting children’s privacy is important to us. We do not direct the Sites or Apps to, nor do we knowingly collect any Personal Information from, children under the age of 13. If we learn that a child under the age of 13 has provided Personal Information, we will use reasonable efforts to promptly remove such information.


    XI. DATA STORAGE, RETENTION, AND SECURITY

    Any Personal Information we collect will be stored on servers in the United States and subject to the laws of the United States, where the data protection and other laws may differ from those of other countries. Your Personal Information may be disclosed in response to inquiries or requests from government authorities or to respond to judicial process in the countries in which we operate.

    We retain Personal Information in identifiable form only for as long as necessary to fulfill the purposes for which the Personal Information was provided to us or, if longer, to comply with legal obligations, to resolve disputes, to enforce agreements and similar essential purposes. To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements.

    We take precautions intended to help protect information that we process but no system or electronic data transmission is completely secure. Any transmission of your Personal Information is at your own risk and we expect that you will use appropriate security measures to protect your Personal Information.

    You are responsible for maintaining the security of your account credentials for the Services. We will treat access to the Services through your account credentials as authorized by you. Unauthorized access to password-protected or secure areas is prohibited and may lead to criminal prosecution. We may suspend your use of all or part of the Services without notice if we suspect or detect any breach of security. If you believe that information you provided to us is no longer secure, please notify us immediately using the contact information provided below.

    If we become aware of a breach that affects the security of your Personal Information, we will provide you with notice as required by applicable law. To the extent permitted by applicable law, we will provide any such notice that we must provide to you under applicable law at your account’s email address. By using the Services, you agree to accept notice electronically.


    XII. CHANGES TO THIS PRIVACY POLICY

    We reserve the right, at our sole discretion, to change, modify, add, remove, or otherwise revise portions of this Privacy Policy at any time. When we do, we will post the change(s) on the Sites and Apps. Your continued use of the Sites and Apps following the posting of changes to these terms means you accept these changes. If we change the Privacy Policy in a material way, we will take reasonable steps to notify you.


    XIII. HOW TO CONTACT US

    If you have any questions or concerns about this Privacy Policy or the practices described herein, you may contact us at privacy@boxlunch.com, 18305 East San Jose Avenue, City of Industry, CA 91748, or 855-463-3646.


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