Our Commitment to Privacy

Original Penguin® has instituted policies and practices intended to ensure that your personal information is handled in a secure manner that respects and protects your privacy.

Any changes to our privacy policy and practices will be reflected on this page so that you can be aware of what information we collect and how we are using and/or disclosing it. By using our website, you consent to the collection and use of this information by Original Penguin. Original Penguin (“Original Penguin”) is a division and wholly owned subsidiary of Perry Ellis International, Inc. Our privacy policy was last updated on October 1, 2005.

Your California Privacy Policy

Original Penguin collects various types of personal information about you both online and offline during the course of our customer relationship. Under California law, if you are a resident of California, you may make a written request to Original Penguin about how we have shared your information with third parties for their direct marketing purposes. In response to your written request, Original Penguin is allowed to provide you with a notice describing the cost-free means to opt-out of our sharing your information with third parties with whom we do not share the same brand name, if the third party will use it for their direct marketing purposes.

If you would like to exercise your rights under California law, please send your written request to the email address or postal address below. Your written request must include your postal address so that we may provide you with our notice and third party direct marketing opt-out form. Original Penguin will provide you with this form within thirty (30) days of receiving your written request.

Original Penguin Attn: Direct Operations
3000 N.W. 107th Avenue
Miami, FL 33172
custserv@originalpenguin.com

• What information does Original Penguin collect?
• How does Original Penguin use this information?
• How can you access your information?
• How does Original Penguin protect your information?
• Does Original Penguin disclose your information to others?
• How does Original Penguin protect a child's privacy?
• Does Original Penguin use "cookies"?
• Does OriginalPenguin.com have links to other web sites?
• Copyright and Trademark Notice

Original Penguin collects data that you provide to our company-owned channels of operation, such as OriginalPenguin.com, either through transactions, email registration, sweepstakes, contests, or membership; or through phone, mail and fax interactions or registrations that you submit.

This includes information such as your name, mailing address, email address, phone number, any personal preferences you choose to provide, transaction details such as style, size, price, discount, date, store, your credit card number and expiration date used for transactions, and an encrypted password to ensure maximum protection of your privacy (“Personal Information”).

Original Penguin occasionally obtains email addresses of active Original Penguin customers who requested fashion emails on other websites. Original Penguin also reserves the right to obtain publicly accessible customer demographics.

Original Penguin does not sell, rent or trade with third parties any Personal Information you provide to us.

To alleviate any concern on your part, Original Penguin.com does not store or provide access to credit card information, which is why you will be required to re-enter your credit card and expiration date with every online credit card transaction. Original Penguin uses Personal Information to confirm and process sales transactions to contact you with questions or communications about your order, or to respond to your customer service inquiries.

Original Penguin also uses Personal Information to enhance and personalize your shopping experience and to communicate with you for marketing and promotional purposes via targeted postal pieces, phone messages, or personalized emails. You may indicate your contact preferences regarding promotional communications directly to us online.

You may access and edit the Personal Information that you provide online when you authenticate your right to access by signing in at OriginalPenguin.com. Simply click on My Account from the home page and enter your email address and password to access your information. You can request password help at any time by clicking on the forgot password? link at which time OriginalPenguin.com will email an encrypted password to the associated email address.

Currently, we do not provide online access to information that you provide to Original Penguin offline.

All Personal Information input by you and transmitted to our website when you place an order or provide Personal Information is protected by password and by an encryption using Secure Socket Layer Technology ("SSL"). SSL encrypts your order and Personal Information before it is transmitted to us to avoid the decoding of your information by anyone other than Original Penguin.

Perry Ellis International does not sell, rent or trade with third parties any Personal Information you provide to us, nor do we share such Personal Information with third parties except for the express purpose of assisting us in fulfilling your transactions and customer service inquiries, updating your customer information record in our database, deploying our promotional offers to you, or fulfilling your request to unsubscribe from our email. We do not authorize those third parties to make any other use of your information.

Original Penguin honors every request to unsubscribe from receipt of emails within ten (10) days of receiving the request, not only for promotional emails that Original Penguin sends, but also for emails about Original Penguin that we permit other companies to send to their own list of subscribers. As such, in compliance with the CAN-SPAM Act of 2003, Original Penguin will provide to such companies the email address of anyone who has submitted to Original Penguin an unsubscribe request, provided such company agrees not to disclose or use such email address for any other purpose than honoring your request to not receive Original Penguin promotional emails.

Original Penguin reserves the right to use and/or disclose to others Personal Information about your demographics and use of our website in a manner that does not reveal your identity.

In keeping with the Children's Online Privacy Protection Act, Original Penguin will never knowingly request Personal Information from any person under the age of 13, without first seeking prior verifiable parental consent. If we become aware that a user of our website is under the age of 13 and has provided an online registration without prior verifiable parental consent, we will remove that child's Personal Information from our files.

"Cookies" are small data files or small bits of information that are stored by your browser on your computer's hard drive when you visit our website so that we can recognize you. Cookies do not alter your hard drive in any way and cannot be used to access any Personal Information from your computer. They merely enable us to personalize your shopping experience by helping us keep track of your order as you shop on our website, maintain information about your use of our website, and help us recognize you when you visit our website again. If you have not saved your information with or ordered from us, we may monitor and maintain information about your use of our web site in a manner that does not identify you. In either case, this information helps us serve you better by improving our site design, as well as our products, services, contests, and promotions. You can refuse cookies by turning them off in your browser. If you turn off cookies, we will not be able to track your order or enable you to make a purchase from our site. Nor will we be able to recognize you as a signed up user to allow you access to your account information.

There may be links on our website to the web sites of others. When you click onto one of these links, you are leaving Original Penguin’s website and accessing another party's website. These other web sites are not under our control and may collect Personal Information from you. Our Privacy and Security Policy does not address the information, privacy and security practices or policies of any other website. For more information, please read our copyright, trademark, and site usage policy.

Please send any concerns regarding our privacy policy to legal@originalpenguin.com.