Security
We have implemented reasonable measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Online Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Links
The Online Services may contain links to other websites or applications. Please be aware that we are not responsible for the content or privacy practices of such other destinations. We encourage our users to be aware when they leave our Online Services and to read the privacy statements of any other website or application that collects personal information.
Individuals Under the Age of 13
Our Online Services are not intended for individuals under 13 years of age. No one under age 13 may provide any information to or on the Online Services. We do not knowingly collect personal information from individuals under 13. If you are under 13, do not use or provide any information to or on these Online Services or through any of its features. If you believe we might have any information from or about an individual under 13, please contact us in one of the ways provided in the “Contact for More Information” section, below
Retention Periods
The period of time for which we retain information depends on the purposes for which we collect or use that information. We will delete or de-identify information when it is no longer needed to fulfill the purposes listed for each category above, unless a longer retention period is required to comply with applicable laws. There may be technical or other operational reasons where we are unable to fully delete or de-identify your information. Where this is the case, we will take reasonable measures to prevent further processing your information.
Cookies and Other Tracking Technologies
The Online Services may use first-party and third-party “cookies,” pixels, tags, web beacons, or other tracking technologies. These technologies are used for record-keeping purposes, to perform analytics, such as to track information on the performance and use of the Online Services, customer interaction, and to provide interest-based/targeted advertising. Cookies are small files that a website places on a person’s hard drive through their web browser. You may choose to set your web browser to refuse cookies, or to alert you when cookies are being sent. If you choose to refuse cookies, please note that certain aspects of the Online Services may not function properly as a result.
Targeted Advertising: Our use of the above tracking technologies may be considered a “sharing” or “sale” with third parties for cross-context behavioral advertising (e.g., targeted advertising) under applicable state law. We have disclosed personal information with third parties for cross context behavioral advertising (e.g., targeted advertising) in the preceding 12 months as disclosed in the table below:
| Categories Used for Targeted Advertising |
Categories of Third Parties to whom This Category of Personal Information Has Been Disclosed for Targeted Advertising |
| Identifiers |
- Analytics providers
- Advertising partners
|
|
Internet or Other Similar Network Activity
|
- Analytics providers
- Advertising partners
|
|
Geolocation Data
|
- Analytics providers
- Advertising partners
|
Depending on where you reside and legal limitations, applicable laws in your jurisdiction may grant you the right to make certain privacy requests. We reserve the right to deny or limit requests made by consumers that do not live in one of these jurisdictions.
Right to Know/Access: Certain states provide the right to request our disclosure of any of the following:
- The categories of personal information we have collected about you.
- The categories of sources from which the personal information is collected.
- the business or commercial purpose for collecting, selling, or sharing with third parties for cross-context behavioral advertising (e.g., targeted advertising).
- The categories of third parties (sometimes the specific third parties) to whom we disclose personal information.
- A copy of the specific pieces of your personal information we have collected or processed.
Right to Correct: Certain states provide you the right to request correction of inaccurate personal information maintained by us. We may request documentation from you to determine the accuracy of the information. If you provide us documentation either upon our request or through your own initiative, that documentation will only be used for the purpose of correcting your personal information and complying with our recordkeeping requirements. As an alternative to correction, we may delete the inaccurate information if it does not negatively impact you or if you consent to this deletion. We reserve the right to deny this request if permitted under applicable law, or if we determine that the contested information is more likely than not accurate, based on the totality of circumstances. You can submit a correction request through a verified consumer request. That process is described below in the section, "How to Exercise Your Rights."
Right to Delete: Certain states provide the right to request that we delete your personal information, subject to certain exceptions. There may be scenarios where we deny your deletion request. If that occurs, we will provide you with an explanation as to why we could not delete all or some of your personal information.
Right to Portability: Certain states provide you the right to request a copy of certain personal information we hold about you in a structured, commonly used, and machine-readable format. This right applies to personal information you have provided to us and that we process by automated means, subject to applicable law.
Right to Opt-Out: You may have the right to “opt out” of the “sharing” or “sale” (e.g., targeted advertising), or “profiling” of your “personal information” to or with third parties (as those terms are defined by applicable state law). We do not perform any “profiling” with your personal information, so we do not offer a right to opt-out in that context.
Right to Appeal: If we deny your privacy request, you may have the right to appeal that decision by submitting a request to appeal to us.
Right to Withdraw Consent: Where we are required or otherwise have received your consent to collect, use, disclose, sell, or otherwise process your personal information or sensitive personal information, you can withdraw your consent at any time, subject to certain limitations and exceptions under applicable law.
Non-Discrimination: You have the right not to receive discriminatory treatment for the exercise of your privacy rights. In the event you choose to exercise any of your consumer rights, we will not discriminate against you.
How to Exercise Your Rights
Exercising Your Rights
You may exercise these rights, as applicable, by submitting a verified consumer request.
The response to a request to know will provide the personal information we have collected and maintained about you, in a portable format, unless an exception under applicable state law applies.
Please note that, we cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. Additionally, applicable state law may limit the number of requests we are required to respond to if you make multiple requests within a certain time period.
Please submit a valid request by completing the webform located HERE. You can also place a request by calling 1-866-385-5253, email us at [email protected], or mailing us your request at the address below. If you call that toll-free number, email, or mail us your request, we ask that you provide the same information requested on the webform in order for us to authenticate your request. Your request either through the webform, over the phone, or via email or mail will be verified using information you provide as described.
Once we receive your verifiable consumer request, we will confirm receipt and respond to your request, consistent with applicable law.
We do not knowingly collect information of individuals under the age of 13.
Using an Authorized Agent to Submit a Request
California: Only you, or a natural person or a business entity registered with the Secretary of State to conduct business in California that you have authorized to act on your behalf, may make a verifiable consumer request related to your personal information, to opt-out of sale or sharing, or to limit the use or disclosure of your sensitive personal information. If you use an authorized agent, you may provide a power of attorney executed pursuant to California Probate Code sections 4000 to 4465. If a power of attorney that meets those provisions is not submitted, you will be required to provide the authorized agent signed permission to submit a request, verify your identity directly by submitting a verified consumer request according to the procedures in the section "How to Exercise Your Rights," and directly confirm with us that you provided the authorized agent permission to submit the request. To submit authorized agent documentation, contact us at [email protected].
Other States: If you use an authorized agent, you may provide a power of attorney executed pursuant to applicable state law. If a power of attorney is not submitted, you may be required to provide commercially reasonable identification of your identity and evidence of your authorized agent’s authority to act on your behalf. For example, you may need to provide the authorized agent signed permission to submit a request, verify your identity directly by submitting a verified consumer request according to the procedures in the section "How to Exercise Your Rights," and directly confirm with us that you provided the authorized agent permission to submit the request, by contacting us at [email protected].
Opt-Out Preference Signals/Universal Opt-Out Mechanism
You can opt-out of tracking by clicking the "Your Privacy Choices" link and selecting your preferences. This link provides opt-out rights under applicable state laws, also known as “opt-out rights” or “personal data use opt-out.” You may also broadcast an Opt-Out Preference Signal/Universal Opt-Out Mechanism, such as the Global Privacy Control (GPC) (on the browsers and/or browser extensions that support such a signal). Your request to opt-out of sale/sharing will be linked to your browser identifier only and not linked to any account information because the connection between your browser and the account is not known to us. Because the signal is browser-specific, you will need to broadcast subsequent signals if you are accessing our Online Services through different online devices (e.g., computers, smartphones, tablets). Please note that we may disclose IP address, device type and characteristics, unique device identifiers, internet or other similar network activity, and geolocation data to web analytics providers and advertising partners unless you opt-out. We do not sell your sensitive personal information or use your sensitive personal information for targeted advertising purposes.
Submitting an Appeal
Upon receipt of our denial to take action on, or to respond to, a verified consumer request, a consumer has 90 days to submit a request to appeal our decision using the method provided at the time of the denial. For those states, we will timely inform you in writing of any action taken or not taken in response to your request. We will also include a written explanation of the reasons for our decision.
Financial Incentives/Loyalty Programs
We may provide promotional programs, offers, rewards or benefits to customers who participate in Company sweepstakes, contests, loyalty or rewards programs, or other promotional campaigns. This includes our Hibbett/City Gear Rewards Program and our JD Sports Loyalty Program, which provide rewards, benefits and special offers to earn discounts on applicable products. Please review all of our program terms and conditions presented to you when you sign up for complete program details. In addition, we may provide promotional offers (such as discounts, early access to sales, or other special offers) to customers who sign up for marketing and other promotional communications from us by providing us with their email addresses or phone numbers. You can sign up for other programs or promotional communications online or in stores.
When you sign up for any program or contest, we collect your general contact information, including your name, email address, and contact information which you would like to subscribe and allow you to set certain preferences. In signing up for these programs, we may also collect and process other personal information, including transaction information (such as purchase history), information we generate, infer, or automatically collect about you and your purchases and interactions with us, and other information that allows us to tailor our communications, target ads, and provide offers, products, and services we think may be of interest to you. In our good faith estimation, the value these programs offer to consumers reflects the value we receive from your loyalty and increased engagement with us, to better serve you and our products.
You can withdraw from your participation in any program at any time by communicating your preferences to us. Please email [email protected] to opt-out of the Hibbett/City Gear Rewards Program or the other applicable emails associated with a certain program, which will be disclosed to you upon signing up.
Agreement to Arbitrate and Class Action Waiver
YOU AND COMPANY AGREE THAT: (1) ANY CLAIM, DISPUTE, OR CONTROVERSY MUST BE RESOLVED THROUGH ARBITRATION; (2) WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY; (3) RIGHTS THAT WE EACH WOULD HAVE IF WE WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST; (4) WE EACH MAY ONLY BRING A CLAIM IN OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; AND (5) THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Any claim that all or part of this class action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. Any dispute or claim arising out of or relating to your use of the Online Services, your Privacy, this Policy, or your purchase of a product from us shall be settled by binding arbitration. You and Company waive the right to go to court and agree to submit any claims to arbitration. This arbitration provision is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.
Time to File Claims: Notwithstanding the foregoing, we both retain the right to pursue in a small claims court any claim that is within that court’s jurisdiction and proceed on an individual (non-class, non-representative) basis. With the exception of residents in New Jersey, you and Company agree that regardless of any statute or law to the contrary, any claim must be filed within one (1) year after such claim arose or be forever barred.
The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules issued in Sept. 2014. Please contact the AAA for a copy of the rules. For your convenience, the arbitration may be conducted in the federal district where you reside. It may be held by telephone or through written submissions if both you and Company agree. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA. This provision survives any termination of your access to the Platform or any other aspect of your relationship with Company. If the class action waiver is deemed unenforceable, then this entire arbitration provision shall be rendered null and void.
YOU HAVE THE RIGHT TO OPT OUT OF THE ARBITRATION PROVISION WITHIN THIRTY DAYS OF YOUR FIRST USE OF THE ONLINE SERVICES OR YOUR PURCHASE OF A PRODUCT (WHICHEVER IS FIRST) BY WRITING TO US VIA U.S. CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AT Hibbett Retail, Inc., 2700 MILAN COURT, BIRMINGHAM, AL 35211, ATTN: LEGAL DEPT. Hibbett Retail, Inc., formerly known as Hibbett Sporting Goods, Inc. SHALL PROCESS ANY SUCH OPT-OUT REQUEST ON BEHALF OF ITS PARENT OR ANY SUBSIDIARY OR AFFILIATE OF Hibbett Retail, Inc., INCLUDING BUT NOT LIMITED TO HIBBETT WHOLESALE, INC. AND CITY GEAR, LLC.
Changes to this Privacy Policy
We reserve the right to amend this Policy at our discretion and at any time. When we make changes to this Policy, we will post the updated notice on the Online Services and update the notice's last revised date. You can see when this Policy was last updated by reviewing the “Last Revised” date at the top of this Policy. Your continued use of our Online Services following the posting of changes constitutes your acceptance of such changes.
Contact for More Information
If you have any questions or comments about this notice, the ways in which we collect and use your information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at: [email protected].
Postal Address:
Hibbett Retail, Inc.
2700 Milan Court
Birmingham, Alabama 35211
ATTN: Privacy Team
