EXPRESS PRIVACY POLICY - YOUR PRIVACY RIGHTS

Effective date: August 18, 2023

Welcome to Express! This Privacy Policy describes how we collect, use and share personal information at our stores, on our website, mobile sites and apps, through our email and mobile alerts programs, and through other interactions with our customers.

INFORMATION FOR CALIFORNIA CONSUMERS

YOUR CALIFORNIA PRIVACY RIGHTS

Effective date: August 18, 2023

The following information applies to residents of California and is intended to comply with the California Consumer Privacy Act of 2018 (“CCPA”). Any terms defined by the CCPA, including “personal information”, have the same meaning when used in this section. In the event of any conflict between the information in this CCPA notice and the Express Privacy Policy, the terms of this CCPA notice will apply with respect to California consumers.

1. Collection of Your Personal Information

We collect the following categories of personal information for the following purposes:

Category of PI	Examples of PI Collected	Sources of PI	Purpose for PI Collection
A. Identifiers	Name, postal address, unique personal identifier, online identifier, social media handle, Internet Protocol address, email address, Social Security number, driver's license number, or other similar identifiers.	We collect this information from you directly, receive it from third parties or collect it automatically from your device or browser. Your Social Security number and driver’s license number are only collected from you if you apply for the Express Credit Card.	Your name, address, unique personal identifier, online identifier, IP address and email address are used to process and ship orders, to send you marketing or transactional communications, to provide customer service, to manage our loyalty program, to provide advertising or marketing content, to run sweepstakes or other promotional activities, to prevent fraud or illegal activity or other security purposes, to understand our customers and for legal compliance. Your Social Security number and driver’s license number may be used in connection with an application for the Express Credit Card.
B. Customer Records	Name, signature, Social Security number, address, telephone number, driver's license or state identification card number, bank account number, credit card number, or debit card number.	We collect this information from you directly. Your signature is only collected in connection with a transaction requiring a signature. Your Social Security number and driver’s license number are only collected from you in connection with an application for the Express Credit Card.	Your name, address, and telephone number are used to process and ship orders, to send you marketing or transactional communications, to provide customer service, to manage our loyalty program, to provide advertising or marketing content, to run sweepstakes or other promotional activities, to prevent fraud or illegal activity or other security purposes, to understand our customers and for legal compliance. Your signature is used to process orders and prevent fraud or illegal activity. Your Social Security number, driver’s license number, and identification card number may be used in connection with an application for the Express Credit Card. Your bank account number, credit card number, debit card number or other financial information are used to process orders.
C. Protected characteristics	Age, marital status, physical or mental disability, gender information, or veteran or military status, ethnicity or clothing size.	We collect this information from you directly, receive it from third parties, or derive it from your browsing or purchase history. Your disability information is only collected from you if you make a request for disability-related accommodation. Your gender information may be collected directly from you or derived from your browsing or purchase history. Your ethnicity or clothing size is only collected directly from you if you choose to provide it as part of a Style Editor application.	Your age, marital status, and gender information are used to improve products and services, to provide advertising or marketing content and to understand our customers. Your disability information is used only to provide requested accommodation and accessibility services and legal compliance. Your veteran or military status is used to provide discounts or facilitate shipping. Your age, ethnicity, and clothing size may be used to develop a diverse and inclusive applicant pool for the Style Editor program, if you choose to provide it as part of a Style Editor application.
D. Commercial information	Products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	We collect this information from you directly, receive it from third parties, or collect it automatically from your device or browser.	Your purchasing history is used to improve products and services, to send you marketing or transactional communications, to provide customer service, to manage our loyalty program, to provide advertising or marketing content on behalf of Express, Express affiliates, or other third parties, to run sweepstakes or other promotional activities, to prevent fraud or illegal activity or other security purposes, to understand our customers and for legal compliance.
E. Internet or other similar network activity.	Browsing history, search history, information on a consumer's interaction with a website (including clicks, scrolls, mouse movements, and site visits), application, or advertisement.	We collect this information from you directly, receive it from third parties, or collect it automatically from your device or browser.	Your browsing, searching and interaction history is used to improve products and services, to send you marketing or transactional communications, to provide customer service, to manage our loyalty program, to provide advertising or marketing content, to understand our customers, to prevent fraud or illegal activity or other security purposes, to understand our customers and for legal compliance.
F. Geolocation data.	Physical location or movements.	We collect this information from you directly or collect it automatically from your device or browser.	Your physical location is used to improve products and services, to provide advertising or marketing content, and to understand our customers.
G. Sensory data.	Audio, electronic, visual, thermal, or similar information.	We collect this information from our in-store camera systems.	Your sensory data is used to improve products and services, to prevent fraud or other illegal activity or other security purposes and for legal compliance.
H. Inferences drawn from other personal information	Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior or attitudes.	We collect this information from you directly, receive it from third parties, or derive it from your browsing or purchase history.	Your profile is used to improve products and services, to provide customer service, to manage our loyalty program, to provide advertising or marketing content, to run sweepstakes or other promotional activities, to prevent fraud or illegal activity or other security purposes, to understand our customers and for legal compliance.

2. Your Data Privacy Rights

Under the CCPA, or other applicable data privacy laws, residents of certain states may request that Express disclose to them the categories of personal information, and provide a copy of specific pieces of personal information regarding them, that Express has collected in the last 12 months. Certain state residents also may request deletion of personal information that Express has collected from them.

You may exercise these rights by using our information management center or calling our customer service team at 1-888-397-1980. Please be aware that CCPA requests are subject to verification of your identity and state residency.

You may authorize an agent to make requests to access or delete personal information on your behalf. However, we will ask the agent to provide written proof that it is legally authorized to make data requests on your behalf and will request verification of your identity from you directly.

We will not discriminate against you for exercising your rights under the CCPA or other applicable data privacy laws. However, the CCPA permits us to offer you certain financial incentives that can result in different prices, rates, or quality levels, which are related to your personal information’s value.

The Express Insider program is a voluntary loyalty program that is free to all customers and provides members with special benefits. To enroll in and become a member of the Express Insider program, you must submit your name, email address, country and create a password. You may also choose to complete your membership profile by submitting additional information (such as phone number, birthday, mailing address, clothing sizes or shipping addresses). In exchange for providing your personal information, as an Express Insider member individuals earn points through various predetermined methods, activities, and tasks as outlined at www.express.com/insiderrules.

Express values the personal information provided in connection with the Express Insider program as it allows us to track and reward Express Insider members with financial incentives, including coupons, special promotions, and rewards that can be used toward future purchases. The value of the information you provide to us is directly related to our ability to provide your rewards. These financial incentives are offered in accordance with the California Consumer Privacy Act and are reasonably related to the value of the personal information provided. You may end your membership at any time by submitting a request to cancel your Express Insider membership. Visit express.com/insiderrules for details about terms and conditions which apply to the Express Insider program.

If you are a Express Insider member and you exercise your rights to delete part or all of your personal information, that could impact your Express Insider membership. If we cannot retain your personal information, you will no longer be a Express Insider member.

Data Requests - 2022
Request type	Received	Fulfilled	Denied	Median Duration (days)
Requests to access that the business received, complied with in whole or in part, and denied	1	1	0	90
Requests to delete that the business received, complied with in whole or in part, and denied	114	42	72	36
Combined requests to access and delete that the business received, complied with in whole or in part, and denied7	7	2	5	42
Requests to opt-out that the business received, complied with in whole or in part, and denied	1428	1428	0	4

3. Sale of Personal Information

You have the right to opt out of the “sale” of your personal information. You should know that the definition of “sale” of personal information under CCPA includes many exchanges of information that go beyond the ordinary concept of a “sale”. Express values our customers’ privacy and does not get paid to give your personal information away. However, like many retailers, Express discloses personal information (including commercial information) to certain third-party companies which provide services related to advertising, marketing, and analytics. While there is not yet a consensus, such disclosure can be considered a “sale” of personal information under the terms of CCPA, although we do not exchange your personal information for money. By law, you are entitled to opt out of such disclosures of your personal information.

Further, you can learn more about your choices regarding certain kinds of online interest-based advertising in Section 11. We do not represent that these third party tools, programs or statements are complete or accurate.

You may exercise your right to opt out of the sale of your personal information by submitting our online opt-out request form or calling our customer service team at 1-888-397-1980.

You may authorize an agent to make an opt-out request on your behalf. However, we will ask the agent to provide written proof that it is legally authorized to make requests on your behalf.

Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Except where required by law, Express currently does not alter Express’s practices when Express receives a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you can visit http://www.allaboutdnt.com. We currently do not recognize these as a “do not sell” request. We understand that various parties are developing “do not sell” signals and we may recognize certain such signals if we conclude such a program is appropriate. You can exercise control over browser-based cookies by adjusting the settings on your browser. In addition, third-party tools like browser plug-ins can enable you to search for and opt-out of some of these. We do not represent that these third-party tools, programs or statements are complete or accurate.

4. Sharing of Personal Information

We disclose the following Personal Information to our CCPA service providers or third parties for the following purposes:

Category of PI	Purposes for Disclosure	Categories of Recipients
A. Identifiers	Your name, address, unique personal identifier, IP address, social media handle and email address are used to process and ship orders, to send you marketing or transactional communications, to provide customer service, to provide styling help or customer service via chat, to manage our loyalty program, to provide advertising or marketing content, to run sweepstakes or other promotional activities, to prevent fraud or illegal activity or other security purposes, to understand our customers and for legal compliance. Your Social Security number and driver’s license number may be used in connection with an application for the Express Credit Card.	Your name, address, unique personal identifier, IP address, social media handle and email address are disclosed to third parties who provide to Express services related to the identified purposes. If you purchase Express products through a Style Editor, your name, social media handle, and email address are shared with that Style Editor for the identified purposes. Your Social Security number and driver’s license number may be shared with third parties who provide Express services related to credit card applications.
B. Customer Records	Your name, address, and telephone number are used to process and ship orders, to send you marketing or transactional communications, to provide customer service, to manage our loyalty program, to provide advertising or marketing content, to run sweepstakes or other promotional activities, to prevent fraud or illegal activity or other security purposes, to understand our customers and for legal compliance. Your signature is used to process orders and prevent fraud or illegal activity. Your Social Security number, driver’s license number, and identification card number may be used in connection with an application for the Express Credit Card. Your bank account number, credit card number, debit card number or other financial information are used to process orders.	Your name, address and telephone number are disclosed to third parties who provide to Express services related to the identified purposes. Your signature may be shared with third parties who provide Express services related to retail transaction processing. Your Social Security number, driver’s license number, and identification card number may be shared with third parties who provide Express services related to credit card applications. Your bank account number, debit card number, or other financial information are shared with third parties who provide Express order processing or other financial services.
C. Protected Characteristics	Your age, marital status, and gender information are used to improve products and services, to provide advertising or marketing content and to understand our customers. Your disability information is used only to provide requested accommodation and accessibility services and legal compliance. Your veteran or military status is used to provide discounts or facilitate shipping. If you apply to become a Style Editor and choose to disclose your age, ethnicity and/or clothing sizes, this information is used only to develop a diverse and inclusive applicant pool.	This information may be shared with third parties who provide to Express services related to legal compliance and defense. It may also be provided to government agencies. Your age, marital status and gender information are disclosed to third parties who provide to Express services related to the identified purposes. Your disability information may be shared with third parties who provide to Express services related to accessibility. Your veteran or military status may be shared with third parties who provide to Express with services related to military discounts or shipping. The information you choose to disclose during the Style Editor application is provided to the Express team that manages the Style Editor program.
D. Commercial Information	Your purchasing history is used to improve products and services, to send you marketing or transactional communications, to provide customer service, to manage our loyalty program, to provide advertising or marketing content on behalf of Express, Express affiliates, or other third parties, to run sweepstakes or other promotional activities, to prevent fraud or illegal activity or other security purposes, to understand our customers and for legal compliance.	If you purchase Express products through the Style Editor program, your purchasing history may be shared with Style Editors for the identified purposes. Your purchasing history is disclosed to third parties who provide to Express services related to the identified purposes. Your commercial information may be shared with Oracle for the identified purposes. More information may be found on the Oracle Privacy Policy.
E. Internet or network activity	Your browsing, searching and interaction history is used to improve products and services, to send you marketing or transactional communications, to provide customer service, to manage our loyalty program, to provide advertising or marketing content, to understand our customers, to prevent fraud or illegal activity or other security purposes, to understand our customers and for legal compliance.	Your browsing, searching and interaction history is disclosed to third parties who provide to Express services related to the identified purposes. Your interaction history (including clicks, scrolls, mouse movements, and site visits) is shared with third parties who may provide to Express a reconstruction of your session on our site for the identified purposes.
F. Geolocation Data	Your physical location is used to improve products and services, to provide advertising or marketing content, and to understand our customers.	Your physical location may be disclosed to third parties who provide to Express services related to the identified purposes.
G. Sensory Data	Your sensory data is used to improve products and services, to prevent fraud or other illegal activity or other security purposes and for legal compliance.	Your sensory data may be disclosed to third parties who provide to Express services related to the identified purposes. It may also be provided to law enforcement agencies.
H. Inferences	Your profile is used to improve products and services, to provide customer service, to manage our loyalty program, to provide advertising or marketing content, to run sweepstakes or other promotional activities, to prevent fraud or illegal activity or other security purposes, to understand our customers and for legal compliance.	Your profile is shared with third parties who provide to Express services related to the identified purposes.

• Collection of Information

Express may ask you to provide Personal Information (for example, your name, address, e-mail, phone number, or credit or debit card number), as well as other information (for example, your gender or your interests), which may be required to access certain features.

Learn More About Information You Provide in Section 1A.

Express and third parties may collect information from you automatically as you access the Service (for example, information about the devices you use to access the Service and your usage activities).

Learn More About Information Collected Automatically in Section 1B.

This may include use of cookies and other technologies to keep track of your interactions with the Service, to serve you with ads on third-party services, and to offer you a more personalized and relevant experience.

Learn More About Cookies and Tracking Technologies on our About Ads page

The information Express collects from you may be combined with information Express receives from third parties and outside sources.
Learn More About Information Collected From Other Sources in Section 1C.

• Use of Information

The information Express collects is used for a variety of purposes that are explained in this Privacy Policy. For example, your information helps Express provide and improve the Service, communicate with you, serve advertising and offers to you, and operate Express’s business.

Learn More About How Express Uses Information in Section 2.

• Sharing of Information

Express may share information about you, including your Personal Information, for a variety of purposes, as detailed in this Privacy Policy. These include, without limitation:

• to deliver and improve Express’s Services;

• in connection with corporate transactions (for example, a merger involving Express);

• to display your posts or send your messages (Learn more in Section 5);

• in connection with your use of third-party services (Learn more in Section 6); and

• in connection with sweepstakes, contests and promotions (Learn more in Section 4).

You may opt out of the disclosure of your personal information to third parties for those third parties’ direct marketing purposes. After your opt-out is processed, your personal information will no longer be disclosed to such third parties. You may opt out by submitting our online opt-out request form. Express may share your information, including aggregated and/or deidentified information about you, for other purposes in compliance with applicable.

Learn More About How Express Shares Information in Section 3.

• Your Privacy Choices

You have certain choices regarding information collection and communications options. Learn more in Section 11.

California residents have certain privacy rights. Learn more in Information for California Consumers.

You have options regarding our use of Tracking Technologies. Learn more in Section 11 and About Ads.

You have options regarding accessing and changing certain information associated with your account. Learn more in Section 10.

You have options regarding promotional communications. Learn more in Section 11.

• Questions and How to Contact Company

For more information about our privacy practices, read the full Privacy Policy. You can also contact Express at 1 Express Drive, Columbus, Ohio, 43230 (Attention: Legal Department) or 1-888-EXP-1980 if you have questions or concerns.

FULL POLICY:

This Privacy Policy applies to our sites, stores, mobile applications and any other services (“Services”) owned or operated by Express LLC (collectively, “Express” “we” “our” or “us”). This Privacy Policy will provide you with information as to how Express collects, uses, and shares information about you, including the choices Express offers with respect to that information, and applies to your use of any Service, regardless of how you access or use it. For certain Services, there may be additional notices about information practices and choices. Please read those additional privacy disclosures to understand how they apply to you.

By visiting or otherwise using the Service, you agree to our Terms & Conditions and consent to Express’s Personal Information collection, use, and disclosure practices, other activities as described in this Privacy Policy, and any additional privacy statements that may be posted on an applicable part of the Service. If you do not agree and consent, please discontinue use of the Service.

1. INFORMATION WE COLLECT.

A. Information about You that You Provide. Express, and/or its Vendors (defined below), may collect information you provide via the Service. For example, Express collects information when you use or register for the Service, participate in the Style Editor program, subscribe to notifications, post on the Service, participate in promotional activities, contact us via Express Chat, or communicate or transact through the Service. In addition, when you interact with Third-Party Services (defined below), you may be able to provide information to those third parties.

Express, its Vendors, and/or Third-Party Services may collect certain information that identifies you personally, such as your first and last name, e-mail address, social media handle, phone number, address, full payment account number, credit or debit card number, and photos (“Personal Information”).

B. Information Collected Automatically. Express, its Vendors, and/or Third-Party Services may also automatically collect certain information about you when you access or use the Service. Such automatically collected information may include your IP address, device identifier, browser type, operating system, information about your use of the Service, and data regarding network connected hardware (e.g., computer or mobile device).

The methods that may be used on the Service to automatically collect such information include:

• Log Information: Log information is data about your use of the Service, such as IP address, browser type, Internet service provider, referring/exit pages, operating system, date/time stamps, and related data, and may be stored in log files.

• Information Collected by Cookies and Other Tracking Technologies: Cookies, web beacons (also known as “tracking pixels”), embedded scripts, location-identifying technologies, fingerprinting, device recognition technologies, in-app tracking methods and other tracking technologies now and hereafter developed (“Tracking Technologies”) may be used to collect information about interactions with the Service or e-mails, including information about your browsing and purchasing behavior.

• Some information about your use of the Service and certain third-party services may be collected using Tracking Technologies across time and services, and used by Express and third parties for purposes such as to associate different devices you use, and deliver relevant ads and/or other content to you on the Service and certain third-party services.

C. Information Express Collects From Other Sources. Express may also obtain information about you from other sources, including Vendors and Third-Party Services, and combine that with other information we have collected about you. For example, we may obtain information about you from third-party services in order to send you marketing offers via direct mail. We may also obtain information about you from Style Editors who you have made Express purchases through or otherwise interacted with. Notwithstanding anything to the contrary, this Privacy Policy is not intended to limit Express’s activities regarding such third-party-sourced, or non-Service-sourced, information (including Personal Information). Express is not responsible or liable for the accuracy of the information provided by third parties or for third party policies or practices.

2. HOW WE USE THE INFORMATION WE OBTAIN.

Express may use information about you, including Personal Information, for any purposes not inconsistent with Express’s statements under this Privacy Policy, or otherwise made by us in writing at the point of collection, and not prohibited by applicable law, including, without limitation, the following:

• Allow you to participate in the features we offer on the Service;

• Facilitate, manage, personalize, and improve your online experience;

• Process your registration, manage your account and/or upload your User Generated Content (“UGC”);

• Transact with you, provide services or information you request, respond to your comments, questions and requests, serve you content and/or advertising, and send you notices;

• Express Affiliates’ marketing and other purposes;

• Improve the Service and for any other internal business purposes;

• Tailor our content, advertisements, and offers;

• Fulfill other purposes disclosed at the time you provide Personal Information or otherwise where we are legally permitted or are required to do so;

• Determine your location and manage digital content rights (e.g., territory restrictions); and

• Prevent and address fraud, breach of policies or terms, and other threats or harm.

3. INFORMATION WE SHARE WITH THIRD PARTIES.

Express may share your information, including Personal Information, with third parties or Express Companies and their affiliates (“Affiliates”). Any such third-party activities are subject to those third parties’ privacy policies and practices.

Express may also share any information about you for any purposes not inconsistent with this Privacy Policy, or our written statements at the point of collection, and otherwise not prohibited by applicable law, including, without limitation:

• Express’s agents, service providers, consultants, Style Editors and other vendors (collectively “Vendors”) may receive, or be given access to, your information, including Personal Information, in connection with their work on Express’s behalf. We share your personal information with third party marketing partners for commercial purposes. In particular, we may provide your commercial information to vendors who combine such information with your mailing address in order to provide marketing offers via direct mail. You may opt out of such disclosure by submitting our online opt-out request form.

• To comply with the law, law enforcement or other legal process, and, where permitted, in response to a government request; and

• If Express believes your actions are inconsistent with Express’s terms of use, user agreements, applicable terms or policies, or to protect the rights, property, life, health, security and safety of Express, the Service or its users, or any third party.

In addition, Express may share your Personal Information in connection with or during negotiations of any proposed or actual financing of our business, or merger, purchase, sale, joint venture, or any other type of acquisition or business combination of all or any portion of Express assets, or transfer of all or a portion of Express’s business to another company, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding (“Corporate Transactions”).

Without limiting the generality of the forgoing, certain areas of the Service may be provided to you in association with third parties (“Co-Branded Areas”) such as Vendors, sponsors, charities, and civic organizations and may request or require you to disclose Personal Information to them, or enable you to share your Personal Information with them. Such Co-Branded Areas will identify the third party and indicate if they have a privacy policy that applies to their collection and use of your information. If you elect to register for products and/or services, communicate with such third parties or download their content or applications, at Co-Branded Areas, you may be providing your information to both us and the third party. Further, if you sign-in to a Co-Branded Area with a username and password obtained on the Service, or otherwise use your Services account or registration to log-in or register on Third-Party Services, your Personal Information may be disclosed to such third parties. We are not responsible for such third party’s data collection or practices and you should review such third party privacy policies for more information.

4. SWEEPSTAKES, CONTESTS, AND PROMOTIONS.

Express may offer sweepstakes, contests, and other promotions (each, a “Promotion”), including Promotions jointly sponsored or offered by third parties, which may require submitting Personal Information. If you voluntarily choose to enter a Promotion, your information, including Personal Information, may be disclosed to Express, co-sponsors, Vendors, and other third parties, including for administrative purposes and as required by law (e.g., on a winners list). By entering, you are agreeing to the official rules that govern that Promotion, which may include consent to additional or differing privacy practices from those contained in this Privacy Policy. Please review those rules carefully.

5. INFORMATION YOU DISCLOSE PUBLICLY OR TO OTHERS.

The Service may permit you to post or submit User Generated Content (“UGC”) including, without limitation, written content, user profiles, audio or visual recordings, computer graphics, pictures, data, or other content, including Personal Information. If you choose to submit UGC to any public area of the Service, your UGC will be considered “public” and will be accessible by anyone, including Express. Notwithstanding anything to the contrary, unless otherwise explicitly agreed by us, Personal Information included in UGC is not subject to Express’s usage or sharing limitations, or other obligations, regarding Personal Information under this Privacy Policy or otherwise, and may be used and shared by Express and third parties to the fullest extent not prohibited by applicable law. Express encourages you to exercise caution when making decisions about what you disclose in such public areas.

Additionally, the Service may offer you the option to send a communication to a friend or other contact. If so, Express relies on you to only send to people that have given you permission to do so. The recipient’s Personal Information you provide (e.g., name, e-mail address) will be used to facilitate the communication, but not used by Express for any other marketing purpose unless Express obtains consent from that person. Your contact information and message may be included in the communication.

6. THIRD-PARTY CONTENT, THIRD-PARTY SERVICES, SOCIAL FEATURES, ADVERTISING AND ANALYTICS.

The Service may include links to, or include on or in connection with, the Service (e.g., apps and plug-ins), websites, locations, platforms, applications or services operated by third parties (“Third-Party Service(s)”). These Third-Party Services may use their own cookies, web beacons, and other Tracking Technology to independently collect information about you and may solicit Personal Information from you.

Certain functionalities on the Service may permit interactions that you initiate between the Service and certain Third-Party Services, such as third-party social networks (“Social Features”). Examples of Social Features include: enabling you to send content such as contacts and photos between the Service and a Third-Party Service; “liking” or “sharing” Express’s content; logging in to the Service using your Third-Party Service account (e.g., using Facebook Connect to sign-in to the Service); and to otherwise connect the Service to a Third-Party Service (e.g., to pull or push information to or from the Service). If you use Social Features, and potentially other Third-Party Services, information you post or provide access to may be publicly displayed on the Service or by the Third-Party Service that you use. You should review the terms, policies, and settings of Third-Party Services to learn more or adjust your connections. Similarly, if you post information on a third-party service that references the Service (e.g., by using a hashtag associated with Express in a tweet or status update), your post may be used on or in connection with the Service or otherwise by Express. We may also use third-party services, such as Apple or Android, to allow you to log into our app using facial recognition. We do not receive your biometric data from these Third-Party Services and you should consult their data privacy and security policies if you use these features. Also, both Express and the third party may have access to certain information about you and your use of the Service and any Third-Party Service.

Express may engage and work with Vendors and other third parties to serve advertisements on the Service and/or on third-party services. Some of these ads may be tailored to your interest based on your browsing of the Service and elsewhere on the Internet, sometimes referred to as “interest-based advertising” and “online behavioral advertising” (“Interest-based Advertising”), which may include sending you an ad on a third-party service after you have left the Service (i.e., “retargeting”).

Express may use Google Analytics, Adobe Analytics or other Vendors for analytics services. These analytics services may use cookies and other Tracking Technologies to help Express analyze Service users and how they use the Service. Information generated by these services (e.g., your IP address and other device identifiers) may be transmitted to and stored by these Vendors on servers in the U.S. (or elsewhere) and these Vendors may use this information for purposes such as evaluating your use of the Service, compiling statistic reports on the Service’s activity, and providing other services relating to Service activity and other Internet usage.

Express may engage and work with Vendors and other third parties, including Oracle, who combine information we provide with your mailing address in order to provide marketing offers via direct mail. You may opt out of such disclosure by submitting our online opt-out request form. More information about Oracle’s privacy practices may be found on the Oracle Privacy Policy. Data obtained by Express from a third party, even in association with the Service, is not subject to Express’s limitations regarding Personal Information under this Privacy Policy, however such data remains subject to any restrictions imposed on Express by the third party, if any. Otherwise, the information collected, stored, and shared by third parties remains subject to their privacy policies and practices, including whether they continue to share information with Express, the types of information shared, and your choices on what is visible to others on Third-Party Services.

Express is not responsible for, and makes no representations regarding, the policies or business practices of any third parties and encourages you to familiarize yourself with and consult their privacy policies and terms of use. See Section 11 and About Ads for more on certain choices offered by some third parties regarding their data collection and use, including regarding Interest-based Advertising and analytics.

7. DATA SECURITY AND MONITORING.

Express takes reasonable measures to protect Personal Information (excluding public UGC) from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction. Nevertheless, transmission via the Internet and online digital storage are not completely secure and Express does not guarantee the security of your information collected through the Service.

To help protect you and others, Express and its Vendors may (but make no commitment to) monitor use of the Service, and may collect and use related information including Personal Information for all purposes not prohibited by applicable law or inconsistent with this Privacy Policy, including, without limitation, to identify fraudulent activities and transactions; prevent abuse of, and investigate and/or seek prosecution for, any potential threats to or misuse of the Service; ensure compliance with the Terms & Conditions and this Privacy Policy; investigate violations of or enforce these documents; and otherwise to protect the rights and property of Express Affiliates, third parties, and other users. Monitoring may result in the collection, recording, and analysis of online activity or communications through our Service. If you do not consent to these conditions, you must discontinue your use of the Service.

8. INTERNATIONAL TRANSFER.

Express is based in the U.S. and the information Express and its Vendors collect is governed by U.S. law. If you are accessing the Service from outside of the U.S., please be aware that information collected through the Service may be transferred to, processed, stored, and used in the U.S. Data protection laws in the U.S. may be different from those of your country of residence. Your use of the Service or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of your information, including Personal Information, in the U.S. as set forth in this Privacy Policy.

9. CHILDREN'S PRIVACY.

The Service is intended for a general audience and not directed to children less than 13 years of age.

Express does not intend to collect personal information as defined by the U.S. Children’s Privacy Protection Act (“COPPA”) (“Children’s Personal Information”) in a manner that is not permitted by COPPA. If we obtain knowledge that we have collected Children’s Personal Information in a manner not permitted by COPPA, we will remove such data to the extent required by COPPA.

10. ACCESSING AND CHANGING INFORMATION.

Express may provide web pages or other mechanisms allowing you to delete, correct, or update some of the information collected about you (e.g., profile and account information). You may also email us at talk@express.com, write to us at 1 Express Drive, Columbus Ohio, 43230, or call us at 1-888-EXP-1980. Express will make good faith efforts to make requested changes as soon as practicable, but it is not always possible to completely change, remove or delete all of your information or public postings from Express’s databases and residual and/or cached data may remain archived thereafter. Further, we reserve the right to retain data (a) as required by applicable law; and (b) for so long as reasonably necessary to fulfill the purposes for which the data is retained except to the extent prohibited by applicable law.

11. CHOICES: TRACKING AND COMMUNICATIONS OPTIONS.

A. Tracking Technologies Generally. Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options so you may need to set them separately. Also, tools from commercial browsers may not be effective with regard to Flash cookies (also known as locally shared objects), HTML5 cookies, or other Tracking Technologies. For information on disabling Flash cookies, go to Adobe’s website Please be aware that if you disable or remove these technologies, some parts of the Service may not work and that when you revisit the Service your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.

Some App-related Tracking Technologies in connection with non-browser usage (e.g., most functionality of a mobile app) can only be disabled by uninstalling the app. To uninstall an app, follow the instructions from your operating system or handset manufacturer. Apple and Google mobile device settings have settings to limit ad tracking, and other tracking, but these may not be completely effective.

B. Analytics and Advertising Tracking Technologies. You may exercise choices regarding the use of cookies from Google Analytics by going to Google’s opt-out page or downloading the Google Analytics Opt-out Browser Add-on. You may exercise choices regarding the use of cookies from Adobe Analytics by going to Adobe’s opt-out page

In addition, we may serve ads on third-party services that are targeted to reach people on those services that are also identified on one of more of our data bases (“Matched List Ads”). This is done by using Tracking Technologies or by matching common factors between our data bases and the data bases of the third-party services. For instance, we may use such ad services offered by Facebook or Twitter and other Third-Party Services. We are not responsible for these Third-Party Services, including without limitation their security of the data. You may review and adjust your ad options directly through your account settings on Third-Party Services such as Facebook or Twitter. We are not responsible for such third parties’ failure to comply with your or our opt-out instructions, they may not give us notice of opt-outs to our ads that you give to them, and they may change their options without notice to us or you.

C. Mobile Apps. With respect to Express’s mobile apps (“apps”), you can stop all collection of data generated by use of the app by uninstalling the app. Also, you may be able to exercise specific privacy choices, such as enabling or disabling certain features (e.g., location-based services, push notifications, accessing calendar/contacts/photos, etc.), by adjusting the permissions in your mobile device and/or the app’s settings. If GPS precise location services are disabled, other means of establishing or estimating location (e.g., connecting to or proximity to wi-fi, Bluetooth, beacons, or our networks) may persist. See also the prior section regarding Interest-based Advertising choices.

D. Communications. You can opt out of receiving certain promotional communications (emails or text messaging) from Express at any time by (i) for promotional e-mails, following the unsubscribe instructions in any promotional e-mails you get from us, emailing us at talk@express.com, or if available by changing your communication preferences by logging onto your account; (ii) for text messages, following the instructions provided in text messages from Express to text the word, “STOP,” emailing talk@express.com and including your cell phone number, or calling 1-888-EXP-1980; and (iii) for app push notifications turning off push notifications on the settings of your device and/or the app, as applicable. Please note that your opt-out is limited to the e-mail address or phone number used and will not affect subsequent subscriptions. If you opt-out of only certain communications, other subscription communications may continue. Even if you opt out of receiving promotional communications, Express may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or Express’s ongoing business relations.

12. CHANGES TO THIS PRIVACY POLICY.

We reserve the right to change this Privacy Policy prospectively effective upon the posting of the revised Privacy Policy and your use of our Service indicates your consent to the privacy policy posted at the time of use. However, we will not treat your previously collected information, to the extent it is not collected under the new privacy policy, in a manner materially different than represented at the time it was collected without your consent.

13. CONTACT EXPRESS.

If you have any questions about this Privacy Policy, please contact Express at 1 Express Drive, Columbus, Ohio, 43230 (Attention: Legal Department) or 1-888-EXP-1980.