Consumer Health Data Privacy Notice
Last Updated Date: March 31, 2024
Scope
This Consumer Health Data Privacy Notice (this “Notice”) describes how Belk, Inc. (“Belk,” “we,” “us,” or “our”) collects, uses, shares and otherwise processes consumer health data as defined under applicable U.S. state privacy laws, including laws of Washington and Nevada, in connection with our websites and mobile versions of our websites (collective, the “Site”); our mobile application; and Notice anywhere else where we display this Notice (collectively, the “Platforms”).
When we use the term “consumer health data” in this Notice, we mean personal information that is linked or reasonably linkable to an individual who acts in an individual or household context and that identifies such individual’s past, present, or future physical or mental health status. It does not include publicly available information, aggregated, deidentified or anonymized information that is maintained in a form that is not reasonably capable of being associated with or linked to you or your device, information about individuals acting in the employment context, or personal information that is used to engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws and is approved, monitored, and governed by an institutional review board, human subjects research ethics board, or a similar independent oversight entity that determines that we have implemented reasonable safeguards to mitigate privacy risks associated with research, including any risks associated with reidentification. Please refer to our Privacy Policy for information on how we collect or process other personal information.
Consumer Health Data We Collect, Use Cases, Data Sharing
The table below describes the categories of consumer health data collected and the purpose for which the data is collected; purpose for which it will be used or shared; the categories of such data that are shared; and the categories of third parties with whom we share consumer health data. We do not “sell” consumer health data in exchange for money or other valuable consideration or share consumer health data for cross-context behavioral advertising.
| Category of Consumer Health Data | Purposes for Collection, Use or Sharing & Manner of Processing | Categories of Third Parties or Affiliates With Whom Consumer Health Data Is Shared |
|---|---|---|
| Biometric data (data generated from the measurement or technological processing of physiological, biological, or behavioral characteristics and that identify a consumer, whether individually or in combination with other data, such as: imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template can be extracted) | To provide personalized experiences and product recommendations and to further develop product recommendations through the use of virtual try-on tools | Service providers or contractors, including those that assist us with virtual try-on tools and similar functionality on our Platforms |
Sources of Consumer Health Data
When you interact with us on our Platform (including one of our virtual try-on tools), we (or our service providers) may collect the consumer health data directly from you if you choose to share it with us.
Consumer Health Data Rights
State laws provide privacy rights regarding consumer health data as stated in the table below and subject to certain limitations at law. However, please note that our virtual try-on tool does not retain your consumer health data. Facial images generated in the try-on tool remain on your device. We also do not use your facial image for purposes of recognizing or identifying individuals. Therefore, if you consented and used our virtual try-on tool, note that our vendor temporarily accessed your facial image in order to provide the try-on tool functionality, but that access was terminated when you closed the try-on tool. We, nor our service providers store or maintain your facial image, nor do we correlate it to you as an individual. We therefore may not have the data you wish to access, copy or delete.
| Right to Know Consumer Health Data | The right to confirm whether we are collecting, sharing, or selling consumer health data about you. |
| Right to Access (Right to Know Specific Pieces of Information) / Portability | The right to access and obtain a copy of the specific pieces of consumer health information we have collected about you, including a list of all third parties with whom we have shared or sold the consumer health data and an active email address or other online mechanism that you may use to contact these third parties. |
| Right to Withdraw Consent to Collect and to Share Consumer Health Data | The right to withdraw consent from our collection (i.e., use) and sharing (with third parties) of your consumer health data. |
| Right to Request Deletion of Consumer Health Data | The right to request deletion of your consumer health data. |
How to Exercise Your Privacy Choices Regarding Consumer Health Data
Please submit a request by emailing us at privacy_belk@belk.com and reference “Consumer Health Data Request” in the subject of the email.
In certain circumstances, we may decline a request to exercise the rights described above, in accordance with applicable law and the factors noted above.
Right to Appeal
In certain circumstances, we may decline a request to exercise the rights described above. If your request is denied, we will provide an explanation for the denial and instructions on how you may appeal a denied request. You may appeal a denied request by contacting us at privacy_belk@belk.com. If your appeal is unsuccessful, Washington residents can raise a concern or lodge a complaint with the Washington State Attorney General at www.atg.wa.gov/file-complaint.
Additional Information for Nevada Residents
We limit collection of consumer health data over time and across different websites by third parties, for the benefit of the third parties, while you use our Platform. Where third-party cookies, pixels or tracking technologies are enabled on our Platform, we require such third parties to act as our service providers with regard to any collection of consumer health data. However, third parties may still be able to collect consumer health data from you over time and across different websites depending on your browser, browser add-ons, and permissions you set on your device used to access the Platform. Such collection by third parties is not related to Belk’s collection of consumer health data from you. We encourage you to view the privacy notices of those third parties for more information about their data practices and your privacy choices with regard to those activities.
We also offer the above-noted data rights with respect to all consumer health data we process, which includes a right to correct your information. You can submit a request by emailing us at privacy_belk@belk.com. As noted above, we do not store or retain facial images from our virtual try-on tool and do not correlate it to individuals. Therefore, we may not have the data you wish to correct or amend.
You have the right to appeal a denied request as set forth above. If your appeal is unsuccessful, Nevada residents can raise a concern or lodge a complaint with the Nevada State Attorney General at https://ag.nv.gov/Complaints/File_Complaint/.
Changes in Notice
From time to time, we may change this Notice. We will notify you of any material changes to this Notice as required by law. We will also post an updated copy of this Notice on the Platform. Please check the Platform periodically for updates.