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Privacy Policy

Our Commitment to Privacy

The Original Penguin by Munsingwear® brand is owned by Perry Ellis International, Inc. and/or its subsidiaries.  OriginalPenguin.com is the official website for Perry Ellis Menswear, LLC (“Perry Ellis”), a wholly owned subsidiary and division of Perry Ellis International, Inc. (referred to herein with Perry Ellis and all subsidiaries and affiliates collectively as “Perry Ellis”).  This privacy policy applies to your use of the OriginalPenguin.com website (the “Site”) and covers how we collect, use, disclose, transfer and store your information on the Site.

Perry Ellis has the discretion to update this privacy policy at any time.  Any changes to our privacy policy and practices on the Site 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 Site, you consent to the collection and use of this information by Perry Ellis.  Our privacy policy was last updated on April 1, 2016.

Privacy Policy FAQ's

What information does Perry Ellis collect?

Perry Ellis collects data that you provide on the Site, either through transactions, email registration, text message sign up, sweepstakes, contests, or membership; through online live chat, phone, mail and fax interactions or registrations that you submit; or that you provide when you visit our stores or otherwise interact with Perry Ellis. 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”).

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

We gather certain information about your Site visit automatically and store it in log files. We use this information to understand and analyze trends, to administer the Site, to learn about user behavior on the Site, and to gather demographic information about our user base as a whole.  This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit pages, operating system, date/time stamp, and clickstream data.  However, to the extent that IP addresses or similar identifiers are considered personal information by applicable law, we also treat this information as Personal Information for purposes of this Privacy Policy.  Also, to the extent that non-personal information is combined with Personal Information about you, we treat the combined information as Personal Information for purposes of this Privacy Policy.

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Information From Third-Party Social Media Platforms

You may be able to register with, log on to, or enhance your profile on our Website by choosing to automatically populate the requested data fields with information you previously provided to a third-party social media platform. By doing this, you are asking the third-party platform to send us information from your profile on that platform. We treat that information as we do any other information you give to us when you register, log on, or enhance your profile.

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How does Perry Ellis use your personal information?

Perry Ellis uses your Personal Information for a number of purposes, including (i) to enhance and personalize your shopping experience and use of the Site, (ii) to confirm and process sales transactions and/or contact you with questions or communications about your order, (iii) to respond to your questions, requests or comments, (iv) to notify you about contests and promotional events, allow you to participate in such contests and events, and notify you in the event that you are a winner of any such contest or event, (v) to contact you with reminders, updates and news, (vi) for marketing, advertising or promotional use, (vii) to conduct polls, surveys and consumer testing, (viii) to protect the security of our visitors, systems and/or Site, and/or (ix) to improve our Site and services.  You may indicate your contact preferences regarding promotional communications directly to us online.

We use the payment card information you provide to us for billing purposes and to fulfill your order.   

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Does Perry Ellis use cookies or other tracking technologies?

We use cookies, web beacons (also known as pixel tags) and other technologies to speed your navigation of the Site, recognize your computer and your access privileges, understand your Site usage, and help make the Site more user-friendly, efficient, and secure.  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 Site so that we can recognize you. Web beacons assist in delivering cookies and help us determine whether a web page on the Site has been viewed and, if so, how many times.  
The "help" portion of the toolbar on most browsers will tell you how you may prevent your browser from accepting new cookies, how to have the browser notify you when you receive new cookies or how to disable cookies altogether. However, Perry Ellis is not responsible for and does not guarantee the effectiveness of browser tools.

We also use these technologies to control the number of times you see a given ad, to deliver ads and other product offers and suggestions to you that relate to your interests, product selections or purchases, and measure the effectiveness of various offers and ad campaigns. In all cases, this information helps us serve you better by improving our Site design, as well as our products, services, contests, and promotions. If you block or otherwise reject our cookies, you will not be able to take advantage of these services.

Do Not Track

Do Not Track (DNT) is a privacy preference that users can set in some web browsers, allowing users to opt out of tracking by websites and online services. At the present time, the World Wide Web Consortium (W3C) has not yet established universal standards for recognizable DNT signals and therefore, Perry Ellis and the Site do not recognize DNT.

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How can you access your information?

You may access and edit the Personal Information that you provide online when you authenticate your right to access by signing in on the Site. 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 we will email an encrypted password to the associated email address. Currently, we do not provide online access to information that you provide to Perry Ellis offline.

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How does Perry Ellis protect your information?

Perry Ellis follows industry-standard data collection, storage and processing practices and security measures to protect the security of Personal Information collected and stored on our Site from unauthorized access, alteration, disclosure or destruction.  All Personal Information input by you and transmitted to our Site 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 Perry Ellis. Nevertheless, any information transmitted over the Internet may be subject to breaches of security.  Despite our security measures, we cannot guarantee the security of information you send to or receive from us. 

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Does Perry Ellis disclose your information to others?

Perry Ellis does not sell, rent or trade any Personal Information you provide to us with third parties for their marketing purposes.  We may share your Personal Information as follows:

  • We may use third party service providers to provide specific business support services to us which may involve limited access to your Personal Information, for example, assisting us in fulfilling your transactions and customer service inquiries, executing surveys, conducting and administering promotions, 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.
  • If you make a purchase on our Site, we may share your Personal Information and payment card data with others, for example with a payment card processing company and/or a shipping or fulfillment company, to complete your purchase and process your order.
  • We may disclose your Personal Information with other parties when you consent to the disclosure or when it is required or permitted by law, regulation, legal process or enforceable government request.
  • In the event that a store, division, assets or part of all of Perry Ellis is bought, sold or otherwise transferred, or is in the process of a potential transaction, we may share Personal Information to other third parties for evaluation purposes or in conjunction with entering into an agreement for the sale of our stock or assets or if we are involved in bankruptcy proceedings.  The recipient of Personal Information following such actions may have privacy policies that differ from those in this Privacy Policy.

We honor every request to unsubscribe from receipt of any promotional emails within ten (10) days of receiving the request. As such, in compliance with applicable legal obligations, Perry Ellis may provide to its advertising partners the email address of anyone who has submitted 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 Perry Ellis promotional emails.

Perry Ellis reserves the right to use and/or disclose to others non-Personal Information about your demographics and use of our Site in a manner that does not reveal your identity.

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What are my California privacy rights?

This Privacy Policy describes how we may share your information for marketing purposes. You may contact us, as set forth below, with any questions and, to the extent applicable, to request a list of third parties to whom we may disclose information for marketing purposes and the categories of information we may disclose.

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How does Perry Ellis protect a child's privacy?

Our Site is not directed at children. In keeping with the Children's Online Privacy Protection Act, Perry Ellis 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 Site is under the age of 13 and has provided an online registration or other Personal Information without prior verifiable parental consent, we will take all reasonable steps to delete such information from our files and not to use such information for any purpose (except where necessary to protect the safety of the child or others as required or allowed by law).  If you become aware of any Personal Information we have collected from children under 13, please contact us as provided below.

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Does Perry Ellis.com have links to other web sites?

There may be links on our Site to the websites of others. When you click onto one of these links, you are leaving the Perry Ellis Site and accessing another party's website. These other websites are not under our control and may collect Personal Information from you. Our Privacy 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.

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Contacting Us

If you have any questions about this Privacy Policy, and Perry Ellis’ policies and practices with respect to personal information, please contact us at legal@pery.com. Effective: April 1, 2016

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Products on OriginalPenguin.com are sold by Perry Ellis Menswear, LLC