Policy Statement and Scope

Kate Spade & Company on behalf of itself and its affiliates (collectively "Company", "we", "us", or "our") shall make reasonable efforts to protect the privacy of those customers, employees and other persons who entrust us with their personal information. Company's privacy program and data security activities are governed by a number of policies and procedures. This Safe Harbor Privacy Policy sets forth how Company handles "Personal Data", "Sensitive Personal Data" and "EU Employee Data" (as such terms are defined below, and collectively, the "Data") that is collected in and transferred from countries in the European Union ("EU") to Company in the United States. Such Data is transferred to the United States for purposes of managing our workforce, handling customer service, product order and account management activities, marketing our products and services, and otherwise maintaining our customer relationships and advancing our business. In furtherance of those activities and such Data transfers, Company adheres to the Safe Harbor privacy principles and the corresponding fifteen (15) Frequently Asked Questions developed by the United States Department of Commerce in coordination with the European Commission (the "Safe Harbor Principles"). For more information about the Safe Harbor Principles, the current status of the Safe Harbor program and information about the new EU-U.S. Privacy Shield framework that has been proposed, please visit HTTP://WWW.EXPORT.GOV/SAFEHARBOR.
 
Definitions
 
The following terms are used throughout this Safe Harbor Privacy Policy and are defined here for ease of reference:
 
"Agent": Means a third party that processes or otherwise uses Personal Data on behalf of and under the instructions of Company.
 
"EU Employee Data": Means personally identifiable human resource data about individuals who are employed or otherwise engaged by Company or our affiliates, subsidiaries or business partners in the EU.
 
"Personal Data": Means any information that identifies an individual, whether collected online or offline and regardless of format. Personal Data does not include information that is aggregated, pseudonymized, encoded or rendered anonymous, or publicly available personal information that has not been combined with non-public personal information, or information that pertains to a specific individual, but from which that individual could not reasonably be identified.
 
"Sensitive Personal Data": Means personal information that is not EU Employee Data and that reveals the individual's race, ethnic origin, political opinions, religious beliefs, criminal record or that concerns the individual's own health or sex life.

Safe Harbor Principles

Company has adopted the seven Safe Harbor Principles of notice, choice, onward transfer, access, security, data integrity and enforcement with respect to Data that is collected in and transferred from countries in the EU to Company in the United States.

1. Notice. This Safe Harbor Privacy Policy informs individuals about the purposes for which we collect and use Data, how to contact us, the parties to which that information may be accessible,  and  the  choices  and  means,  if  any,  that Company offers  individuals  for  limiting  the disclosure of such Data to non-Agent third parties.

2. Choice. Before Company uses Personal Data or EU Employee Data for a purpose that is incompatible with the purposes for which the Personal Data or EU Employee Data was originally collected or subsequently authorized, or transfers Personal Data or EU Employee Data to a non- Agent third party for the purpose of allowing the non-Agent third party to exercise independent control over the Personal Data or EU Employee Data, the affected individuals will be given an opportunity to decline (opt out) having their Personal Data or EU Employee Data so  used or transferred. The same choice principle shall apply to Sensitive Personal Data, but in the event that the Data is Sensitive Personal Data, the affected individual's explicit consent (opt in) will be obtained prior to such use or transfer.

3. Onward Transfer. Company may transfer Data to its Agents once it obtains assurances that the relevant Agents will adequately safeguard the Data that is transferred to them. Such assurances may take the form of a contract obligating the Agent to provide at least the same level of protection as is required by the relevant Safe Harbor Principles, Safe Harbor certification by the Agent, or the Agent being subject to an EU data protection directive or adequacy finding. If Company learns that an Agent is using or sharing Data in a way that is contrary to the assurances obtained, we will take reasonable steps to prevent or stop such activity. Company may transfer Personal Data to a non-Agent third party where such transfer is consistent with the notice and choice principles detailed above or as otherwise set forth in this Policy.

4. Access. For those individuals who duly request it, Company will provide such individuals with reasonable  access  to Data that it holds about them, except in those circumstances that are set forth in the Safe Harbor  Principles, such as when the burden or expense of providing access would be disproportionate to the risks to the individual's privacy or when the rights of persons other than the Data subject's would be violated and except in those instances where the access being requested relates to Employee Data and the person making the request is  not otherwise entitled  to  such  access  under  the  local  labor  or  employment  laws  governing  such  person's employment. For those individuals who receive access, Company will take reasonable steps to permit such individuals to correct, amend or delete information that is demonstrated to be inaccurate or incomplete.

5. Security. Company will take reasonable administrative, technical and physical precautions to protect Data in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.

6. Data Integrity. Company will take reasonable steps to ensure that Data that is stored on its servers is used, processed and maintained in a condition that is compatible with the purposes for which  it  has  been  collected  or  subsequently  authorized,  subject  to  any  deficiencies  in  the condition of the Data that existed at the time Company received such Data.

7. Enforcement. With respect to Personal Data and Sensitive Personal Data, Company will assure compliance  with   the  Safe  Harbor  Principles  by  investigating  and  attempting  to  resolve complaints regarding violations of this Safe Harbor Privacy Policy directly with the complainant, and in the event that the complaint cannot be resolved by Company internally, the complainant may submit the matter to binding arbitration administered by the American Arbitration Association (the  "AAA")  and  conducted  before  a  sole  arbitrator  pursuant  to  the  Rules  and  Procedures established by the AAA. The arbitration shall be held at a location determined by the AAA pursuant to the Rules and Procedures, or at such other location as may be mutually agreed by the complainant and Company. The arbitrator (a) shall not have the power to award punitive damages against the participant or Company; and  (b)  shall have no authority to resolve claims on a class or representative basis; the arbitration can decide only  the complainant's and/or Company's individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. In the event that we or such arbitrator determines that we did not comply with this Policy, we will take appropriate steps to promote future compliance. If any part of this Enforcement provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Enforcement provision shall remain in effect and shall be construed in accordance with  its  terms  as  if  the  invalid  or  illegal  provision  were  not  contained  herein.  For more information on the AAA, please visit their website at www.adr.org.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR THE COMPANY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

With respect to EU Employee Data, Company will assure compliance with the Safe Harbor Principles by investigating and attempting to resolve complaints regarding violations of this Safe Harbor Privacy Policy directly with the complainant, and in the event that the complaint cannot be resolved by Company internally, the complainant may submit the matter to the dispute resolution program provided by the European Data Protection Authorities ("DPA's") panel. Company will then undertake  to  comply  with  any  advice  that  may  be  given  by  the  DPA's  in   the  matter.

How to Contact Us

Company has a privacy officer ("Privacy Officer") who is responsible for Company's compliance with and enforcement of this Policy.  Company's Privacy Officer is available to any of its customers or others who may have questions concerning this Policy.   Relevant contact details are as follows:

Kate Spade & Company
5901 West Side Ave
North Bergen, NJ 07047
Attention: Privacy Officer (Office of the General Counsel)
safeharbor@katespade.com

Limitation on Scope of Principles

Company may disclose Data as necessary in connection with the sale or transfer of all or part of its business.  Adherence by Company to these privacy principles may be limited to the extent required for Company to  meet  its  legal,  governmental,  national  security  or  public  interest  obligations  or  as otherwise permitted under the Safe Harbor Principles.

Changes to This Safe Harbor Principle Policy

Company may amend this Safe Harbor Privacy Policy, from time to time, consistent with the Safe Harbor Principles.  When we do so, we will revise the "last updated" date at the bottom of this Policy.  For material changes to this Safe Harbor Privacy Policy, we will place a notice on the company Web site by revising the link on the home page to read "Updated Safe Harbor Privacy Policy" for sixty (60) days.  Providing Data to us after such notice constitutes acceptance of such changes.

Effective Date

This Safe Harbor Privacy Policy is effective as of September 7, 2016.


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