Privacy Policy - Japan
(last updated on 11th September 2023)
Contents of Privacy Policy
- Introduction
- When this Policy applies
- Where personal data is collected from
- How your personal data will be used
- If you do not provide us with your personal data
- Who your personal data is shared with
- Cookies
- Where your personal data is stored
- Security and retention
- Your rights under data protection laws
- How to get in touch
1. Introduction
This Privacy Policy ("Policy") explains how your personal data is collected, used and disclosed when you interact with https://aeo.jp (the "Website"). This Policy also explains how your personal data is used, who it is shared with, the rights that you have and who you can contact with any questions.
The Website is the official webstore for American Eagle and Aerie branded products in Japan. The Website is operated and maintained by Localised Hong Kong Limited, registered in Hong Kong with its registered office at 27/F Alexandra House, 18 Chater Road, Central, Hong Kong ("Localised"), American Eagle Outfitters' non-exclusive reseller for the marketing, promotion and sale of American Eagle and Aerie merchandise in Japan.
The products and services offered via the Website are aimed at those aged 17 and over.
Localised will be a data controller of your personal data collected via the Website. In some circumstances, American Eagle Outfitters Hong Kong Limited, registered in Hong Kong with its principal office at Suites 708-9, 7th Floor, Wharf T&T Centre, Harbour City, Tsim Sha Tsui, Hong Kong ("American Eagle Outfitters") will also be responsible for your personal data. We explain in this Policy where that is the case. American Eagle Outfitters may also share personal data collected from you in-store with Localised, American Eagle Outfitters will be responsible for this personal data.
2. When this Policy applies
This Policy applies:
- to your use of the Website;
- if you opt into receiving marketing communications; or
- if you otherwise share your personal data with Localised or American Eagle Outfitters, for example if you contact Localised or American Eagle Outfitters with a query.
We may change the terms of this Policy from time to time and you should check it regularly. The last updated date is shown at the beginning of this Policy. If we make any material changes, we will take steps to bring those changes to your attention.
3. Where personal data is collected from
This Policy applies to personal data collected from;
- you;
- Localised;
- American Eagle Outfitters; and
- social media.
4. How your personal data will be used
We will only ever process your personal data if we have a lawful basis to do so. We use your personal data for the following purposes:
- To fulfil and process orders that you place and to facilitate any returns: where you order American Eagle and Aerie merchandise from the Website, Localised will collect your name, email address, phone number, delivery and shipping address and payment details to process your order, deliver that merchandise to you and, where applicable, facilitate any product returns.
This will include sharing your personal data with delivery companies and other subcontractors, such as payment and fraud detection service providers.
Localised will collect this personal data to enter into and perform the contract with you for the sale of American Eagle and Aerie merchandise. Localised will also use this personal data collected as required by law or for its legitimate interests, including for preventing and detecting fraud or other criminal activity prevention.
- To administer the provision of any offers such as loyalty schemes: where you sign up to a loyalty / points scheme on the Website, we will collect your name, email address and phone number for the purposes of adding offers to your account. Localised collects this personal data to enter into and perform the contract for the provision of offers.
- To make the Website better and to understand purchasing behaviour: when you consent to the use of non-essential cookies, the following information (which may include personal data) will be automatically collected from your browser and when you use and interact with the Website:
- technical information, including but not limited to the Internet protocol (IP) address used to connect your computer to the internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, screen resolution, operating system and platform; and
- information about your visit, including but not limited to the full uniform resource locators, clickstream to, through and from the site (including date and time), page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks and mouse-overs) and methods used to browse away from the page.
This personal data will be used for legitimate interests, including:
- to provide you with a more effective user experience (such as by displaying goods we believe you will be interested in, based on your purchase history and browsing habits);
- to help us improve the Website and product offerings; and
- for the purpose of making the Website more secure, to administer the Website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
Data captured from the Website and third parties will be combined to build a picture of who you are and what you like and to inform business decisions. This will be undertaken on the basis of legitimate interests. For example, by combining this data, this will help personalise your experience and decide which content to share with you. Anonymised data from customer purchase histories will also be used to identify trends in different regions. This may then guide which products are displayed on the Website.
Both Localised and American Eagle Outfitters are data controllers over the personal data described in this section. Further information about the use of cookies and similar tracking technologies is provided under "Cookies" below.
- To provide customer services to you: Localised may collect your name, email address, phone number and (if on social media) your social media handle in order to provide various supporting customer services to you (such as where you contact us with a question by phone, email or social media), including responding to queries, refund requests and complaints.
Localised process your personal data in these circumstances on the basis of Localised's contractual obligations to you, its legal obligations and its legitimate interests in providing you with the best service and understanding how we can improve our service based on your experience.
- For marketing purposes: Where you have opted in via the Website to receive updates relating to American Eagle and Aerie products, or you have provided your email address to American Eagle Outfitters in-store, American Eagle Outfitters will be the data controller of the personal data being used for this purpose. Please see the American Eagle Outfitters Privacy Policy here for information on how your personal data will be used.
You can withdraw your consent to direct marketing at any time by contacting us at privacy@localised.com or, where relevant, by following the unsubscribe link in any marketing communication you receive from us.
- To provide you with information required by law: To send you communications required by law or which are necessary to inform you about our changes to the services provided you. For example, updates to this Policy, product recall notices, and legally required information relating to your orders. These service messages will not include any promotional content and do not require prior consent when sent by email or text message. Your personal data must be used for these purposes to ensure compliance with legal obligations.
- To protect the Website and your account from fraud and other illegal activities: This includes using your personal data to maintain, update and safeguard your account. Your browsing activity will be monitored to quickly identify and resolve any problems and protect the integrity of the Website. This will be undertaken on the basis of legitimate interests. If any criminal activity or alleged criminal activity is discovered through fraud monitoring and suspicious transaction monitoring, then that personal data will be processed for the purposes of preventing or detecting unlawful acts.
- Where you enter a competition, promotion or survey: Localised will collect your name, email address and any other personal data that forms a part of the entry (this may differ depending on the competition, promotion or survey) into the competition, promotion or survey. Localised do this under its legitimate interest to run competitions, promotions and surveys effectively and to award the prizes to the winner.
5. If you do not provide us with your personal data
If you don't provide us with your personal data, we may be unable to provide services to you, including inhibiting our ability to process your order or facilitate a return, assist you with customer service requests, provide marketing updates to you or allow your entry into a competition, promotion or survey (as applicable to you).
Our Website is for personal use only and the data that we collect is to assist us to provide our services to individuals.
6. Who your personal data is shared with
We do not sell, otherwise disclose, or share personal data we collect and hold about you, except as described in this Policy.
- Business partners, suppliers and contractors: Localised may share your personal data with third party organisations it has contracted to provide its services for the performance of the contract which it enters into with them or you, such as those that process transactions and payments.
- American Eagle Outfitters: Localised will share your contact details and other personal data with American Eagle Outfitters if you have expressly opted into receiving direct marketing so that American Eagle Outfitters can send marketing communications to you. If Localised stops running the Website, Localised will transfer the marketing database and order transaction history to American Eagle Outfitters, so that they can continue to support you and keep in touch where you've asked to hear more about the American Eagle and Aerie brands.
- If the Localised or American Eagle Outfitters businesses are sold/transferred: Localised or American Eagle Outfitters may also share your personal data in the event that they sell or transfer any part of their businesses or assets, in which case they will disclose your personal data to the prospective buyer or transferee of such business or assets. Localised or American Eagle Outfitters, as applicable, processes your personal data in these circumstances because it is in its legitimate interests to ensure that its business/the Website can continue to be operated. If you object to Localised's or American Eagle Outfitters' use of your personal data in this way, the relevant buyer or transferee of its business/the Website may not be able to provide services to you.
- Regulators/ Authorities/ Enforcement Agencies: Localised may disclose your personal data wherever required to comply with applicable laws or an order of a court of competent jurisdiction or a government, law enforcement or regulatory body's lawful requests for information, such as to investigate actual or suspected fraud or violation of law.
- For fraud management: Localised may share information about fraudulent or potentially fraudulent activity on our Website. This may include sharing personal data about individuals with law enforcement bodies.
Appropriate technical, organizational and security measures to safeguard your personal data against unauthorised use or accidental loss, theft, misuse, alteration, damage or destruction will be used wherever Localised or American Eagle Outfitters share your personal data with third parties. The minimum amount of personal data necessary to fulfil the purposes of processing will be shared.
7. Cookies
The site uses cookies to distinguish you from other users of the site and to collect information regarding your usage of the Website. This helps us to provide you with a good experience when you browse the Website, allows us to improve the Website and also to deliver personalized content.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your device. Localised only uses (and stores) non-essential cookies on your browser or device if you provide your consent.
The cookies used on the Website are as follows:
Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies and may collect information about a user's online activities over time and across different internet websites or mobile applications. We recommend that you check the relevant third party's privacy policies for information about any cookies which may be used.
Some Internet browsers offer what often is referred to as a "do not track" mechanism for browser users to automatically signal privacy preferences to websites that they visit. The Website does not currently respond to do-not-track-signals. If you would like to use your browser to restrict the placement of cookies on your device, you may block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of the Website.
8. Where your personal data is stored
The personal data referred to in this Policy is stored on secure servers in the UK and USA.
When your information is shared with third-party data processors, they may store your personal data elsewhere in the world.
Wherever your personal data is transferred internationally it will be subject to appropriate safeguards and receive an adequate level of protection as required by applicable data protection law. To keep this Policy as short and easy to understand as possible, we haven't set out the specific circumstances when each of these protection measures are used. You can contact us at privacy@localised.com for more detail on this.
9. Security and retention
Administrative, technical and physical measures have been implemented to help protect your personal data from loss, theft, misuse and unauthorised access, disclosure, alteration or destruction.
Your personal data will only be retained for as long as required to assist you should you have any questions, feedback or issues. Localised and American Eagle Outfitters also reserve the right to retain your personal data for longer than this in order to comply with their legal and/or regulatory obligations.
10. Your rights under data protection laws
You have various rights under applicable data protection laws, including the right to:
- access your personal data (also known as a "subject access request");
- correct incomplete or inaccurate data held about you;
- ask us to erase the personal data held about you;
- ask us to restrict the handling of your personal data;
- ask us to transfer your personal data to a third party;
- object to how your personal data is used; and
- withdraw your consent to the handling of your personal data.
You can exercise any of the above rights and/or raise a complaint about any failure to adhere to this privacy notice by contacting privacy@localised.com. Please note that these rights may not apply in some circumstances and keep in mind that certain services will not be available if you withdraw your consent, or otherwise delete or object to the processing of certain personal data. Security procedures may also mean that you will be requested to provide proof of identity before personal data is disclosed to you in response to a request.
You also have the right to lodge a complaint with the Personal Information Protection Commission in Japan.
11. How to get in touch
If you have any questions about this Policy or any complaints or concerns please contact:
- Localised at privacy@localised.com
- American Eagle Outfitters at hello@aeoapac.com