EXPRESS PRIVACY POLICY
Last updated: November 19, 2024
Welcome to Express! In this Privacy Policy (the “Policy”), “Express”, “we”, or “our” refers to RETAIL PHOENIX, LLC d/b/a Express, Express Factory Outlet, and our affiliated companies. Your use of our websites https://www.express.com/ or https://www.expressfactoryoutlet.com/, including our mobile websites, programs and applications (collectively, the “Site”), is subject to the terms of this Policy.
PLEASE READ THE ENTIRE PRIVACY POLICY CAREFULLY BEFORE YOU CONTINUE. BY ACCESSING THIS SITE OR USING ANY OF ITS FEATURES, YOU AGREE TO THE TERMS OF THIS POLICY AND ARE DEEMED TO HAVE ACCEPTED THE TERMS OF THIS POLICY IN THEIR ENTIRETY. IF YOU DO NOT AGREE, PLEASE REDIRECT YOUR BROWSER AND EXIT THE WEBSITE.
1. Overview and Scope
We recognize the importance of protecting the privacy of personal information collected about you and other visitors (collectively, “Users”) to our Site (“User Information”). We are committed to ensuring that your privacy and User Information is protected.
This Policy discloses our practices regarding how we collect, use and share personal information at our stores, on our Site, through our email and mobile alert programs, through other interactions with our customers and Users, as well as what information we may collect through any third-party applications or third-party sites, social networks, or social media sites (collectively, “Applications”). This Policy applies to your use of the Site, regardless of how you access or use it (the “Services”). 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. This Policy also describes your choices and rights regarding the use, access, and correction or deletion of your User Information. By visiting and using our Site, you consent to the use of your User Information in accordance with this Policy. When accessing and/or using the Site, you may be asked to provide clear and unequivocal affirmative consent to the collection, processing, and sharing of your User Information via opt-in procedures.
Please read this Policy carefully to understand our policies and practices regarding your User Information and how we will treat it. By accessing or using this Site, you agree to the terms of this Policy. This Policy may change from time to time and your continued use of this Site means that you are consenting to be bound by the most recently updated version of this Policy. The disclosures contained herein serve as a Notice at Collection under the California Privacy Rights Act and other applicable data privacy regulations.
2. Our Terms and Conditions
In addition to this Policy, the collection and use of your personally identifiable information obtained by us from this Site is subject to our Terms and Conditions , which you can access and review here: https://www.express.com/g/terms-conditions.html. By visiting or otherwise using the Site and/or our Services, you agree to our Terms and Conditions and consent to our data processing activities as described in this Policy, and any additional privacy statements that may be posted on an applicable part of the Site or in connection with receiving our Services. If you do not agree and consent, please discontinue use of the Site and our Services.
For more information regarding your use of the Site and our Services, and our use of your information, please see our Terms and Conditions .
3. Data Collection: Information We Collect
We collect User Information when you use our Site. Sometimes you may submit it to us yourself, other times it may be collected automatically. For example, Express collects information when you use or register for our Services, participate in our program, subscribe to notifications, post on the Site, participate in promotional activities, contact us via Express Chat, or communicate or transact through the Site. We also collect User Information that third parties share with us if such third parties have received your consent to do so. Our handling of your User Information is generally limited to processing orders, addressing any issues with user accounts, facilitating email and SMS communications, and handling general inquiries. You are not required to provide Express the personal information that we request, but if you choose not to do so, we may not be able to provide you with our services, or respond to any inquiries you may have. We are the sole owner of information collected on the Site.
As detailed below, the type or category of User Information collected may vary based on how it was gathered. We collect several types of information from and about Users of the Site, including:
a. Personal Information: We may collect personally identifiable information by which you may be personally identified such as your name, email address, postal address, telephone number, billing information, any other identifier by which you may be contacted, and any other information that you voluntarily submit (e.g., when you submit information via our ‘Contact Us’, ‘Express Insider’ or ‘Mailing List’ forms). In general, your personally identifiable information means any User Information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you, your household, or your devices (“PII”). It does not include (i) publicly available information from government records; (ii) de-identified or aggregate information; or (iii) certain other personal data protected by other sector-specific state or federal law. We may collect PII from you when you complete forms navigate web pages, create an Express Insider account, order products, request information, provide us with information, and in connection with other activities, programs, features, or resources we make available on the Site.
All personal information that you voluntarily provide to use must be true, complete, and accurate, and you must notify us of any changes to such personal information. You always have the option not to provide the information we request. If you choose not to provide the information we request, you can still visit the Site, but you may be required to provide your information by other means if we need such information to provide our services to you. You may contact us in accordance with Section 19 to review and change your User Information. Deleting your personal information may result in the deletion of your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. Please review Section 10 concerning Your Privacy Rights and Considerations for more information concerning your rights regarding our collection and use of your User Information.
Categories of Personal Information. The type of PII we may collect, use, store, and disclose include the following categories of information for the following purposes:
Category of PII |
Examples of PII Collected |
Sources of PII |
Purpose for PII Collection |
A. Contact Information and Identifiers |
Name, postal address, unique personal identifier, online identifier, social media handle, Internet Protocol address, email address, Social Security number, date of birth, 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. (NOTE: All information contained in this Policy regarding the Express Credit Card is subject to change). |
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 and Financial Information |
Name, signature, Social Security number, address, telephone number, driver's license or state identification card number, bank account number, credit card and/or debit card numbers and related information such as expiration date and security code. |
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. |
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 a disability-related accommodation. Your gender information may be collected directly from you or derived from your browsing or purchase history. |
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. |
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. You may disable our use of certain internet identifiers and activities through you device or browser settings. |
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. |
b. Deidentified Information: We may collect deidentified information from you that may not by itself reasonably identify you as the source when you navigate the Site (e.g., the content you choose to view and how you interact with it), and information about you that third parties may share with us if such third parties have previously received your consent to do so (“Deidentified Information”). This information does not reveal your specific identity (like your name or contact information) but may include: (i) device type, name, country and location (ii) device operating system, (iii) internet browser type, (iv) internet service provider, (v) referring/exit pages, (vi) date/time stamp, (vii) clickstream information, (viii) Internet Protocol (IP) address, (ix) language preferences, (x) referring URLs, and (xi) information about how and when you use technical information. This information is primarily needed to maintain the security and operation of our Site, and for our internal analytics and reporting purposes. We will take reasonable measures to ensure that Deidentified Information we collect is not personally identifiable and may not later be easily used to identify you as required by applicable law.
NOTICE: This Site, and we, may sell or share your sensitive personal data. However, Express does not currently collect or process any data on the Site regarding the following: political opinions; religious or philosophical beliefs; trade union memberships; genetic or biometric data; health or mortality; or sexual orientation. To limit the processing of your sensitive personal information, please contact us in accordance with Section 19.
4. Data Collection: How We Collect Information
The information we collect depends on what Users do when they visit or utilize the Site, We collect PII and Deidentified Information in various ways, including:
a. Directly from You: We collect PII when you voluntarily submit PII to us while completing forms on the Site and in connection with other activities, services, features, or resources we make available on the Site. The PII we collect depends on what you do when you visit or utilize the Site or how you choose to communicate with us.
b. Through Your Use of the Site: We may collect PII and Deidentified Information that your browser transmits when you visit the Site. We may also collect Deidentified Information about how you access and interact with the Site through the use of automated tracking technologies, such as session cookies, persistent cookies, pixels, and web beacons. This Policy does not limit our use or disclosure of collected Deidentified Information. We reserve the right to collect, use, and disclose such Deidentified Information to our partners, advertisers, and other third parties at our sole discretion.
Cookies and Similar Tools. Like many businesses, we also collect information through cookies and similar technologies. A cookie is a small data file that is transferred to an internet browser, which enables the Site to remember and customize your subsequent visits. We may use session cookies to make it easier for you to navigate the Site. Session cookies expire when you close your browser. We may also use persistent cookies to track and target your interests to enhance your experience on the Site. Persistent cookies remain on your device for an extended period of time. We and our partners may use cookies and similar technologies on the Site to personalize and optimize your browsing experience by: providing you tailored content; enabling social media features; safeguarding against spam and malware; analyzing trends, traffic, and user behavior; administering the Site; gathering demographic information about our user base as a whole; tracking web and advertising analytics throughout the Site; remembering preferences and voluntarily-submitted information (e.g. name, email, login credentials); performing location-related functionalities and analytics; participating in market research (e.g., website ratings); and educating Express about how the Site can continue to be improved. Most internet browsers automatically accept cookies. However, you can instruct your internet browser to block cookies or to provide you with a warning prompt before you accept cookies from the Site. Please refer to your internet browser’s instructions to learn more about these functions. If you reject cookies, the functionality of the Site may be limited and you may not be able to participate in several of the Site’s features.
Web Beacons and Pixels. Additionally, we may use web beacons, which are single-pixel, electronic images embedded in the Site that allow us to gather information about your browsing activities on the Site, recognize users, assess traffic patterns, identify preferred content, and measure Site engagement. Some of these web beacons may also be placed by third-party service providers to help determine the effectiveness of advertising campaigns. These web beacons may be used by third-party service providers to place a persistent cookie on your computer. This allows the service provider to recognize your computer each time you visit certain web pages and compiles anonymous information in relation to those page views, which in turn enables us and our third-party service providers to learn which advertisements bring you to our website and how you use the Site.
Log Files. Our servers log information about your IP address, your browser type, and the current URL you are requesting. This information is always provided by your browser and automatically logged. These log files are stored in a secure location and used in our internal analysis of traffic patterns.
Do-Not-Track Notice. Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will comply with such standard, and will inform you about that practice in a revised version of this Policy.
Tracking Technologies and Ads. 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.
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 X.com (formerly, 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 X.com. 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.
Learn More About Cookies and Tracking Technologies on our About Ads page .
c. From Third-Party Vendors and Services: We may collect PII about you from third parties whose privacy practices may differ from the practices described in this Policy. We do not make any representations or warranties concerning, and will not in any way be liable for, any informational content, products, services, software, or other materials available through third parties. Your use of third parties’ services and/or third party websites is governed by and subject to the terms and conditions of those third parties and/or third party websites. We encourage you to carefully review the privacy policies and statements of such third parties and/or third party websites.
Analytics. Services providing analytic tools (“Analytic Services”), including without limitation Google Analytics, Adobe Analytics or other vendors for analytics services, may be used with the Site, which transmits website traffic data to servers in the United States. Analytic Services do not collect personal information, identify individual users, or associate your IP address with any other data. We do not share any PII with our Analytic Services in connection with their performing of any services on our Site. Each of these services has their own privacy policy that you should refer to. We use reports provided by Analytic Services to help us understand website traffic and webpage usage. We collect non-identifying information, such as IP addresses, operating systems, links clicked, pages visited, browser type, time zone setting, browser plug-in types, and referring websites of visitors to our Sites. This information is collected for statistical analysis purposes, such as to determine web-traffic trends and the effectiveness of our partnerships with other websites, and to maintain the security and operation of our Site. 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 .
Payment Processing. We may collect limited payment data through the Site, or we may enlist third-party service providers to collect and process payment data on our behalf. We follow the Payment Card Industry Data Security Standard (“PCI-DSS”) when handling credit card data and engaging with third-party service providers that process payment data on our behalf. Express currently accepts VISA, MasterCard, Discover, and American Express credit cards as authorized payment methods for product orders. All payment transactions are processed by our third-party payment processor in adherence to PCI-DSS, and other applicable standards. Express at its sole election may discontinue support for any payment method or it may support additional payment methods (i.e., Apple Pay, Google Wallet, or Amazon Payments) and we will update this Policy accordingly.
Marketing Servicers. Express may engage and work with vendors and other third parties 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. Data obtained by Express from a third party, even in association with the Site, is not subject to Express’s limitations regarding User Information under this 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. Please review the privacy policies of any such third-parties for more information concerning the processing of your User Information. See Section 6 below for more information concerning the third-party vendors we may engage to process your User Information.
5. Data Collection: Disclosures Regarding Use of Third-Party Tracking Tools and Technologies
a. Our Use of Tracking Technologies
To promote transparency in our data collection and use practices, we are providing this disclosure to inform you that we may use third-party tracking tools and technologies, such as without limitation, the Meta Pixel, Google Analytics and similar technologies from Third-Party Services, to help improve our Site and provide you with a more personalized experience. Our use of such technologies only involves your De-Identified Data, meaning we do not share any of your PII via such Third-Party Services.
As discussed in Section 4 above, pixels or web beacons, including the Meta Pixel, are small pieces of code that we may place on our Site. These pixels allow us to track user activity, such as pages visited or actions taken. We may use this information to help us better understand User behavior and deliver targeted advertisements to Users, via our Site and/or Third-Party Services. In addition to pixels, we also use other third-party Analytics Services such as Google Analytics (See Section 4(c) above for more information). These services help us gather data on user interactions with our Site, including how long Users stay on certain pages, what links they click, and other behavioral metrics. This data helps use improve the functionality, performance, and design or our Site.
b. How We Use Your Data Obtained Via Tracking Technologies
Personalization: Pixels and Analytics Services help us tailor content and advertisements to better match your interests. For example, if you browse certain product categories, you may begin to see ads for similar products on Meta platforms like Facebook or Google.
Performance Optimization: We may use data from Analytics Services like Google Analytics to identify technical issues, such as slow-loading pages, and to make improvements to enhance your overall User experience.
Marketing Campaign Effectiveness: We may analyze how our campaigns perform by tracking when you interact with our ads, whether your purchase a product, or sign up for our services after seeing an advertisement.
c. Your Control Over Your Privacy
We understand that privacy is important to you. In addition to your other rights and privacy choices as outlined in this Policy, we’ve provided you with the following information to assist with any choice to opt-out of certain tracking activities.
Meta Advertising: You can adjust your privacy settings on Meta platforms to control how your activity across websites, including our Site, is used for advertising purposes by visiting Meta’s settings concerning ad preferences.
Google Analytics: You can opt out of Google Analytics tracking by installing the Google Analytics Opt-Out Browser Add-On as mentioned in Section 4(c).
Cookie Preferences: You can manage cookie preferences, including disabling non-essential cookies, by adjusting your browser settings.
d. Data Sharing and Retention
As further discussed in Section 7 below, we do not sell your personal data to third parties. However, we may share anonymized or De-Identified Data with Third-Party Services, including Meta, Google, and other analytics providers as part of our use of their services. In cases where we may collect your PII, we may only share such data with service providers under strict confidentiality agreements, and it shall be used solely to provide services on our behalf. No PII is shared with Third-Party Services without your explicit consent. This data helps improve our marketing efforts but cannot be traced back to you individually. We retain collected data for the periods specified by Meta, Google, and other service providers, in line with their policies, which we encourage you to review for further information.
If you have any questions of concerns about how we use tracking technologies or other Third-Party Services, or if you want to exercise any of your data rights, please contact using the information provided in Section 19. We may update this disclosure from time to time to reflect changes in our practices or legal requirements. Please check this page periodically for updates.
6. Data Usage: How We Use Your Information
We collect, process, and disclose your User Information only for specific and limited purposes. Our primary goal in collecting, using, and sharing User Information is to provide you with our services, enhance your experience on the Site, support the Site, and improve its features, performance, and other elements. We will not use your User Information without a valid legal basis to do so, and we will only process your User Information in a way that is compatible with and relevant to the purpose for which it was collected and authorized. Express will not process your User Information without a lawful basis to do so. In general, Express will process your User Information on any of the following legal bases:
Consent – We may process your data if you have given us specific consent to use your personal information for a specific purpose.
Legitimate Interests – We may process your data when it is reasonably necessary to achieve our legitimate business interests.
Performance of a Contract – Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
Legal Obligations – We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a subpoena or in response to public authorities to meet national security or law enforcement requirements.
Vital Interests – We may disclose your information where we believe the processing is necessary in order to protect your vital interests or those vital interests of another natural person. We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
Business Transfers – We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
We collect and use your User Information on the foregoing legal bases for the purposes mentioned below in this Policy, as amended. Where appropriate, we will ask for your consent to process your user information. When you have given consent for processing activities, you have the right to withdraw your consent at any time. The lawful business purposes for which we use User Information include:
a. Providing and Improving our Services: We may use your User Information to fulfill the purpose for which you provide it. For instance, to respond to general inquiries and to provide customer support when needed. Additionally, your User Information may be used to present the Site and its content to you, request feedback, and for any other purpose with your consent. You may contact us to update your communication preferences.
b. Direct Marketing: We may use your User Information to send you promotional materials. When you have provided consent, or as otherwise permitted by law, we may contact you by phone, text, email, retargeted ads via Google or other search engines, push notifications, or otherwise, including by using an automatic telephone dialing system or an artificial or prerecorded voice, for informational and marketing purposes including solicitation for club membership. You have the right to opt-out of receiving direct marketing. If you no longer wish to receive those email updates, you may opt-out at any time of receiving them by following the instructions included in each communication (usually in the form of an “unsubscribe” direction), or contact us in accordance with Section 19 to update your personal contact preferences.
c. User Accounts and Content: We may use your User Information to process your registration, manage your account and/or upload your User Generated Content (“UGC”).
d. User Experience Personalization: We may use your information to personalize our services to your interests and preferences. For example, we may use such information to tailor the content and information that we send or display to you, offer personalized recommendations, help, and instructions, or otherwise personalize your experience while using the Site. We may also use Users’ Information in the aggregate to analyze Users’ browsing and usage activities and patterns in order to understand Users’ interests and preferences with respect to the Site and our services. This will help us optimize your experience on the Site.
e. Business Optimization: We may use your User Information to improve the content on our web pages, to customize the content and layout of our web pages, conduct internal research and development, administer surveys or market research, and in managing our everyday business needs. We may also use your feedback to improve the Site and our services, including by monitoring, auditing, and analyzing trends, usage, and activities on the Site. All of this is done with the intention of making the Site more useful for you.
f. Safety and Security: We may use your User Information to promote the safety and security of our services, our users, and other parties. For example, we may use the information to authenticate users, protect against fraud and abuse, respond to a legal request or claim, conduct audits, and enforce our terms and policies.
We will not collect additional categories of PII or use PII we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Some content, including advertisements, on the Site is served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Site. The information they collect may be associated with your PII or they may collect information, including PII, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see My Privacy Choices below.
7. Data Usage: How We Disclose Information
We may disclose User Information to certain third parties for a legitimate purpose as described below. Otherwise, we do not sell, share, or rent PII and will not disclose Users’ PII to third parties without your permission. These third parties are prohibited from using your User Information for any other purpose.
a. To Our Affiliates: We may disclose your PII to our affiliates.
b. To Service Providers and Contractors: We may disclose your PII to service providers and contractors that assist us in providing user support, processing payments, shipping and delivering orders, marketing, advertising, communicating with Users, and promoting our services, or that otherwise perform business functions on our behalf relating to the Site and our services. If you opt-in to receiving text messages from or on behalf of us, we will never share that information with unaffiliated third parties.
c. To Advertising and Marketing Partners: We may disclose Deidentified Information to third party advertising partners who help us serve advertisements across the web. This information does not identify you personally, but may be used by those marketing and advertising partners and other third parties to enable them to recognize you on other sites and services. Depending on where you reside, this disclosure may be considered a “sale” and you may have the right to opt out.
d. Change of Control: The ownership or control of the Site may change at some point in the future. Should that occur, we want this Site and/or Express to be able to maintain a relationship with you. In the event of a change in ownership, merger, bankruptcy, or change in control of Express, your information may be shared with the person or business that owns or controls this Site. Opting out of receiving information from third parties will not affect our right to transfer your information to a new owner of the Site. If the surviving entity in that transaction is not us, the surviving company may use your PII pursuant to its own privacy policies, and those policies may be different from this Policy.
e. As Required by Law: Express may disclose your User Information if required to do so by law. For example, Express may disclose your User Information to comply with a subpoena or in the good faith belief that such action is necessary to conform to the edicts of the law, investigate fraud, or comply with a judicial proceeding, court order, or legal process served on Express, or to protect and defend the rights or property of Express.
f. As Disclosed or Consented To: We may disclose your PII for any other purpose disclosed by us at the time you provide that PII, or otherwise with your consent.
8. Data Protection: How We Secure Your Information
The security and confidentiality of your PII is very important to us. We use commercially reasonable security measures to protect your PII on the Site. Our measures include implementing appropriate access controls, investing in information security capabilities to protect the IT environments we leverage, and ensuring we encrypt and anonymize personal data wherever possible. Access to your User Information is only permitted among our employees and agents on a need-to-know basis and subject to strict contractual confidentiality obligations when processed by third parties.
Your information may be stored on servers owned and operated by Express and its affiliates or by cloud/software service providers (“SaaS Services”) and located in the United States. Our SaaS Services are committed to using industry-standard physical, electronic, and organizational safeguards to protect information against loss, theft, and unauthorized access and/or disclosure. We follow generally accepted industry standards to protect User Information submitted to us during transmission of such information and during storage once we have received such information.
However, no data transmitted over or accessible through the internet can be guaranteed to be 100% secure. As a result, while we attempt to protect your PII, we cannot guarantee or warrant that your PII will be completely secure (i) from misappropriation by hackers or from other nefarious or criminal activities, or (ii) in the event of a failure of computer hardware, software, or a telecommunications networks.
The safety and security of your information also depend on you. Where we have given you (or where you have chosen) login credentials, including a password, for access to certain parts of our Site, you are responsible for keeping your credentials and the password confidential. We ask you not to share your credentials and password with anyone. Any transmission of personal information by you is at your own risk. We are not responsible for circumvention of any privacy setting or security measures contained on our Site.
If you are concerned that your privacy may have been breached, please contact us using the contact information provided in Section 19 of this Policy.
9. Data Retention: How Long We Keep Your Information
We will only keep your User Information for as long as it is necessary for the purposes set out in this Policy, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this Policy will require us to keep your personal information for longer than reasonably necessary.
When we have no ongoing legitimate business need to process User Information, we will either delete or anonymize such information within a reasonable period thereafter, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. We will actively review the User Information we hold and delete it securely, or in some cases, anonymize it when there is no longer a legal, business, or consumer need for it to be retained.
10. Your Privacy Rights and Considerations
We strive to provide you with choices regarding the PII you provide to us. We have created mechanisms to provide you with control over your PII.
a. Your Data Privacy Rights: Under the California Consumer Privacy Act, and 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. Please see the following subsections for more information regarding specific state data privacy laws.
You may exercise these rights by using our information management center , calling our customer service team at 1-888-397-1980, or using the contact information provided in Section 19. Please be aware that data subject requests are subject to verification or your identity and state residency. If applicable under your state’s specific data privacy law, 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 any applicable data privacy laws. However, we may be permitted 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.
b. Sale of Personal Information: Under certain data privacy laws, you may have the right to opt-out of the “sale” of your personal information. The “sale” of personal information as defined under applicable data privacy laws may include 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.
Do Not Sell or Share My Personal Information. You may exercise your right to opt-out of the sale or sharing of your personal information by submitting our online opt-out request form , calling our customer service team at 1-888-397-1980, or using the contact information provided in Section 19. 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.
c. Children’s Online Privacy Information: CHILDREN’S ONLINE PRIVACY PROTECTION ACT (“COPPA”) NOTIFICATION
Our Site is not designed for persons under the age of eighteen (“18”). We are not responsible for any access or use of the Site by children or minors under the age of 18. No one under age 18 may provide any personal information to or on our Site. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on our Site or through any of its features, use any of the interactive features of our Site, or provide any information about yourself to us, including without limitation, your name, address, telephone number or email address. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under the age of 18, please contact us.
We do not knowingly solicit data from or market to children under 18 years of age. By using the Site, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of this Site. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us in accordance with Section 919.
d. Residents of the European Union: Express does not actively target or market to any European Union (“EU”) member state. Despite this fact, this Policy and its enumerated policies are intended to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the “General Data Protection Regulation” or “GDPR”) and provide appropriate protection and care with respect to the treatment of all of our visitor’s information in accordance with the GDPR.
If you are a resident of the EU, you have specific rights concerning your User Information under the GDPR as outlined in more detail below. Further information and advice about your rights can be obtained from the data protection regulator in your country. If you are a resident of the EU, under GDPR, you have the right to:
Request Express to inform you of or allow you to access the personal data belonging to you that it processes;
- Request Express to change or modify the data it processes about you when you believe the data is inaccurate;
- Request Express to erase any personal information about you that it has collected;
- Request Express to restrict the processing of your personal information under certain conditions;
- Request Express to deliver the personal data it holds about you in a commonly used format and request that such data be transmitted to another controller;
- Request Express to cease processing your personal data through an objection; and
- Request Express not subject you to a decision based solely on automated processing.
If you are a resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: https://edpb.europa.eu/about-edpb/about-edpb/members_en#member-pl .
If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html .
If you would like to exercise your rights under GDPR, you may contact us in accordance with Section 19.
e. Residents of Canada: If you are a resident of Canada, under the Personal Information Protection and Electronic Documents Act (“PIPEDA”), you have the right to:
- Request Express to provide you with access to the personal information we hold about you;
- Request Express to correct any inaccurate or outdated personal information we hold about you;
- Request Express to delete any inaccurate personal information we hold about you; and
- Request Express to withdraw your consent to any activities for which you have previously consented.
When we collect information from you, you may inform us if you do not wish to be contacted for marketing and market research purposes in accordance with Canadian Anti-Spam Legislation. If you do not want to receive promotional information from us or our representatives, please use the unsubscribe option in your user account or the message you received, or contact us in accordance with Section 19 to update your personal contact preferences.
f. Residents of California: This Policy is intended to comply with the California Consumer Privacy Act of 2018 and the California Privacy Rights Act (collectively, the “CCPA”). If you are a resident of California, under the California Consumer Privacy Act and California Privacy Rights Act (collectively, “CCPA”), you have the right to:
- Request Express to disclose the categories and specific information that it has collected about you;
- Request Express to delete any personal information about you that it has collected;
- Request Express not to share your personal information at any time (the “right to opt-out”);
- Request Express to correct any inaccurate personal information it maintains about you; and
- Request Express to restrict its use and disclosure of your sensitive personal information.
If you would like to exercise your rights under the CCPA, you may contact Express as outlined further below in Section 9. Express may not discriminate against you if you exercise any of your rights under the CCPA.
California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us in accordance with Section 19.
g. Residents of Nevada: Nevada provides its residents with a limited right to opt-out of certain personal information sales. Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request by contacting us in accordance with Section 19.
h. Additional State Privacy Rights: State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, Virginia and any other states that may enact comprehensive consumer privacy legislation provide (now or in the future) their state residents with rights to:
- Request Express to confirm whether we process your personal information;
- Request Express to allow you to access personal information we hold about you;
- Request Express to delete personal information we hold about you;
- Request Express to correct inaccuracies in your personal information, taking into account the information’s nature processing purpose (excluding Iowa and Utah);
- Request Express to provide personal information held about you in a format that is portable, readily usable, and transferable;
- Request Express to allow you to opt-out of personal data processing for targeted advertising (excluding Iowa), sales, or profiling in furtherance of decisions that produce legal or similarly significant effects (excluding Iowa and Utah); and
- Request Express to either limit or require consent to process sensitive personal data.
The exact scope of these rights may vary by state. To exercise any of these rights, or your rights under any laws in your state of residence, please contact us by using the information below in Section 19. To appeal a decision regarding a consumer rights request, please contact us in accordance with Section 19.
i. Express Insider Program: 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 and rewards through various predetermined methods, activities, and tasks as outlined in the Express Insider Program section of our Express Terms & Conditions available at https://www.express.com/g/terms-conditions.html .
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 CCPA, and applicable data privacy laws, 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.
If you are an 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 an Express Insider member.
j. Third-Party Policies: You should review the privacy policies of any third parties before you provide any personal information or complete any transaction with such parties. Please contact each third-party provider directly if you have any questions about their privacy policies or the information they require for you to complete any transaction.
k. Tracking Technologies and Advertising: You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts or functions of the Site may then be inaccessible or not function properly.
l. Promotional Communications: If you do not wish to receive promotional emails, text messages and/or other direct marketing communications from us, you may opt-out at any time by (i) following any instructions included in the communication or (ii) contacting us in accordance with Section 19. For instance, to opt-out of our Mobile Alert/Text Programs, you may revoke consent at any time by replying STOP, END, CANCEL, UNSUBSCRIBE or QUIT to unsubscribe. Please see our Terms and Conditions and our Texting Term & Conditions for more information.
m. Sharing of Your Information for Third-Party Advertising: If you do not want us to share your PII with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by contacting us in accordance with Section 19.
n. Account Information: If you ever wish to access, update, change, delete, correct, or otherwise control your PII, you may do so by contacting us in accordance with Section 19. To help us process your request, please provide sufficient information to allow us to identify you in our records. We reserve the right to ask for additional information verifying your identity prior to disclosing any PII to you. Should we ask for verification, the information you provide will be used only for verification purposes, and all copies of the information will be destroyed when the process is complete.
o. 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.
p. 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, 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 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,” “END,” “CANCEL,” “UNSUBSCRIBE” or “QUIT” 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. Please see our Terms and Conditions and our Texting Term & Conditions for more information.
11. Messaging Program Privacy Policy
This Section explains how Express collects and uses information about you in relation to its text message marketing program (the “Messaging Service”). We use Attentive Mobile, Inc. (“Attentive”) to provide the Messaging Service to you. For the purposes of the Messaging Service, Attentive acts as our service provider and data processor of your information.
Collection. We collect the phone number and email address you provided when signing up for the Messaging Service. When you send messages via the Messaging Service, we will also collect your messaging history and any information included in those messages. We may also collect information about you using cookies or similar technologies.
If you participate in a contest, sweepstakes, research study, or email survey associated with the Messaging Service, we will collect basic contact information and any other information you choose to provide in connection with these activities. We will also collect your contact information if you contact us with questions about the Messaging Service or for customer service.
Data Use. We use your information to deliver, analyze, maintain and support the Messaging Service. We may also use your information to enhance the Messaging Service features and customize and personalize your experiences on the Messaging Service.
Data Sharing. We may share, transfer, or disclose your information, if you consent to us doing so, as well as to facilitate the Messaging Service to you via Attentive, or in response to a legal requirement.
From time to time, we may share aggregate or de-identified information about use of the Messaging Service and such aggregated or de-identified information may be shared with any third party, including advertisers, promotional partners, and sponsors.
Data Security. We take a variety of physical, technical, administrative, and organizational security measures based on the sensitivity of the information we collect to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access.
Data Retention. We retain your information for as long as you participate in the Messaging Service or as needed to comply with applicable legal obligations. We will also retain and use your information as necessary to resolve disputes, protect us and our customers, and enforce our agreements.
Consent and Authorization. By signing up for mobile alerts, you acknowledge that you have read, understand, and agree to our Messaging Terms and Conditions and expressly consent to receive SMS and MMS communications from Express. Additionally, you acknowledge that you understand that message and data rates may apply, and your consent is not required to buy goods or services. You may reply HELP for help, and you acknowledge and understand that you may revoke consent at any time by replying STOP to unsubscribe. If the contact information you provide during signup changes, you should update your profile accordingly.
For example, you may receive promotional and personalized marketing texts and/or transactional texts concerning your order(s) from Express. This may include text messages sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate.
By signing up to receive text messages from us, you also agree to the remaining terms of our Privacy Policy as well as Attentive’s privacy policies. Please see our general Terms and Conditions and our Texting Terms and Conditions for more information.
Customer Support. If you are experiencing any problems, please contact us or contact our messaging vendor, Attentive Mobile Inc. (“Attentive”), by visiting https://support.attentivemobile.com/help/ and submit the form with details about your problem or your request for support, or email support@attentivemobile.com .
12. SPAM
We do not participate in bulk messaging solicitations that you have not consented to receiving (i.e., “Spam”). We do not sell or disclose customer lists or email address lists to unrelated third parties. Except as otherwise provided herein, we do not share PII with any third party advertisers.
13. Third-Party Services and Social Features
The Site may contain links to websites, platforms, applications or services not owned or controlled by Express (“Third-Party Service(s)”). We do not have any control over these Third-Party Services and do not endorse them. We encourage you to be aware of Third-Party Services and their privacy policies, as we are not responsible for privacy policies or practices of third-party websites. Therefore, we make no representations or warranties for—and will not in any way be liable for—any content, products, services, software, or other materials available via Third-Party Services, even if one or more pages of the Third-Party Services are framed within a page of the Site.
Furthermore, we make no representations or warranties about the privacy policies or practices of the Third-Party Services, and we are not responsible for the privacy practices of those Third-Party Services. Please review the privacy policy of each website you visit before you submit any personal information to any of these websites.
Certain functionalities on the Site may permit interactions that you initiate between the Site 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 Site and a Third-Party Service; “liking” or “sharing” Express’s content; logging in to the Site using your Third-Party Service account (e.g., using Facebook Connect to sign-in to the Site); and to otherwise connect the Site to a Third-Party Service (e.g., to pull or push information to or from the Site). If you use Social Features, and potentially other Third-Party Services, information you post or provide access to may be publicly displayed on the Site 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 Site (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 Site 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 Site and any Third-Party Service.
Express may engage and work with vendors and other third parties to serve advertisements on the Site and/or on Third-Party Services. Some of these ads may be tailored to your interest based on your browsing of the Site 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 Site (i.e., “retargeting”).
14. Co-Branded Areas
Without limiting the generality of this Policy, certain areas of the Site and/or our Services may be provided to you in association with third parties (“Co-Branded Areas”) such as vendors, sponsors, charities and civic organizations, and may request you to disclose User Information to them, or enable you to share your User 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 Site, or otherwise use your account or registration to log-in or register on third-party websites, your User 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.
15. 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 User 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.
16. User Generated Content
The Site may permit you to post or submit UGC including, without limitation, written content, user profiles, audio or visual recordings, computer graphics, pictures, data, or other content, including User Information. If you choose to submit UGC to any public area of the Site, 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, User Information included in UGC is not subject to our usage or sharing limitations, or other obligations, regarding User Information under this 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 Site 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.
17. Revisions and Updates: Changes to Privacy Policy
We reserve the right to update this Policy from time-to-time in our sole discretion. If our privacy practices change materially in the future, we will post an updated version of the privacy policy to the Site. It is your responsibility to review this Policy for any changes each time you use the Site. We will not lessen your rights under this Policy without your explicit consent. If you do not agree with the changes made, we will honor any opt-out requests made after the effective date of a new privacy policy. This Policy was last modified as of the date printed above. This version of the privacy policy replaces and supersedes any prior privacy policies applicable to the Site.
18. 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 Site from outside of the U.S., please be aware that information collected through the Site 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 Site or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of your information, including User Information, in the U.S. as set forth in this Policy.
19. Contact Information: Contacting Data Controller
To request to review, update, delete your personal information, or exercise any of your rights in accordance with this Policy, or if you have any additional questions regarding this Policy or how to remove or modify your user information or related consents, please feel free to contact us by the e-mail or the mailing address below:
PHOENIX RETAIL, LLC d/b/a EXPRESS and Express Factory Outlet
1 Express Drive
Columbus, Ohio 43230
Attention: Legal Department
By Email: legal@express.com
Phone: 1-888-EXP-1980
Express will use commercially reasonable efforts to promptly respond and resolve any problem or question.
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