Our Commitment to Privacy  

Ben Sherman Clothing Co., Inc. ("Ben Sherman") values its customers and respects their privacy. We collect customer information in an effort to provide you the services you request, to improve your shopping experience and to communicate with you about our products, services, contests and promotions. We do not sell or rent your personal information to third parties. As described in this policy, we may combine this information with data that is publicly available and data that we receive from other reputable sources. These reputable sources include affiliated businesses, without limitation, Ben Sherman stores.

This policy describes the personal information we collect about you, why we collect it, how we use it and when we share it with third parties. Our policy also describes the choices you can make about how we collect and use your information. If you have any questions about our privacy policy, you can always contact Ben Sherman Customer Care in any of three ways:

• Send us an email at: bshermaninfo@efashionsolutions.com
• Call us at: 1.888.810.3887
• Write to us at:
  Ben Sherman Customer Care
  E-Fashion Solutions LLC
  80 Enterprise Avenue South
  Secaucus, NJ 07094

If our information practices change in the future, we will post an updated policy on our website. You can tell if the policy has changed by checking the revision date that appears at the end of this policy. You may exercise your choices about how we collect and use your information at any time.

Our Privacy Policy: Contents

• Information We Collect
• Using Information We Collect
• How We Use Email
• Information We Share with Others and Your Privacy Rights
• Updating or Reviewing Your Information
• Your Choices About Receiving Promotional Communications
• Cookies and Pixel Tags
• Security
• Links to Other Sites
• Privacy of Children on Our website
• Questions or Comments?

Information We Collect
We may collect information (including your name, postal addresses, billing address, telephone number, email address and, when necessary, credit card information) when you:

• Place an order from our website
• Make a purchase at one of our Ben Sherman Retail Stores
• Return an item or make an exchange
• Inquire about our services
• Receive a gift package
• Create an account at www.benshermanusa.com
• Subscribe to Ben Sherman Email
• Enter a contest or sweepstakes
• Are referred to us through a marketing promotion
• Participate in a marketing survey, promotion, or event

We maintain the data that you provide us, along with a record of your purchases, in a secure database.

We also gather information about how visitors navigate through our website by using click stream data gathered with "cookies" and/or online tools such as "pixel tags." See Cookies and Pixel Tags for further information.

Each time you visit BenSherman.com we collect the date and time you access our website, the Internet domain from which you access our website, the website you visited immediately prior to visiting our website, a record of the pages you've visited on our website) and general information about your system including Operating System, browser type and version, browser settings connection speed, and screen resolution. We also maintain a record of your product interests and the purchases you make with us online or by phone.

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Using Information We Collect
We always want to provide you with the best possible shopping experience and fulfill your orders exactly as you've requested. In order to do this, we collect information that allows us to:

• Process and track your order
• Provide the services you request
• Contact you about the status of an order
• Send you promotional mailers
• Send you Ben Sherman Email
• Identify your product and service preferences
• Customize our communications to you
• Provide information concerning products you have purchased
• Improve our merchandise selection and customer service

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How We Use Email
When you provide us your email address, we may send you emails necessary to process your order, respond to a request, provide customer service, or promote products or services. For example, after you place an order at www.benshermanusa.com, you will receive an email confirmation and, in most cases, an email with package tracking information. Recipients of our Email Gift Cards will receive an email notifying them of the gift and instructing them how to redeem it.

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Information We Share with Others and Your Privacy Rights
If you shop at one of our affiliated businesses, including without limitation, Ben Sherman stores, we may share information about you with that affiliate to improve your shopping experience. Each of our affiliates has a privacy policy that is consistent with our own.

We also contract with service providers to maintain and manage our customer information, including credit card processing, shipping, name and address verification, email distribution, market research and promotions management. We provide these companies with only the information they need to perform their services and work closely with them to ensure that your privacy is respected and protected. These companies are prohibited by contract from using this information for marketing purposes other than to contact you to perform marketing activities on behalf of Ben Sherman where you have consented to receive such communications and for other marketing activities consistent with your prior consent, or from sharing this information with anyone other than Ben Sherman. We do not authorize any of these service providers to make any other use of your information. In addition, when we partner with another company to offer or provide products, services, contests or promotions, we may compare our customer list with theirs to identify our common customers. Ben Sherman, its affiliates and its marketing partners may use that information to fulfill our respective obligations to you and for future promotional activities.

When we offer contests and promotions, with or without a marketing partner, you may be required to provide certain personal information in order to participate. In these cases, we will give you the choice not to receive promotional email messages or other communications from us regarding our products, services, contests, and promotions. In this case, however, Ben Sherman, or one of its affiliates may still need to contact you, for example, to notify winners and to fulfill promotional obligations. In the unlikely event of a sale of some or all of our business, Ben Sherman will disclose your personal information to a purchaser that agrees to abide by the terms and conditions of this privacy policy.

Ben Sherman reserves the right to disclose information about you as required by law, in response to legal process and law enforcement requests, and as necessary to protect the property, interests and rights of Ben Sherman, its affiliates, and others.

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Updating or Reviewing Your Information You can review, change or delete certain personal information related to your use of our online sites (e.g., name, addresses, credit card numbers, and contact information). To access your information online, simply click Your Account at the top of any page, sign in when prompted and you'll be able to edit any of your personal information. You may also ask us to update your personal information, by calling Customer Care at 1.888.810.3887. To protect your privacy, we will need to validate your identity before you update or review your information.

You can refuse cookies by turning them off in your browser. If you turn off cookies, though, we will not be able to track your order to enable you to purchase from our site. Nor will we be able to recognize you as a registered user, which allows you to access your account information.

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Your Choices About Receiving Promotional Communications We want to communicate with you only if you want to hear from us. If you would like to have your name and address removed from receiving promotional mailers through the US Postal Service, please contact us by calling Customer Care at 1.888.810.3887 or by sending an email to bshermaninfo@efashionsolutions.com . You may also write to us at:

Ben Sherman Customer Care
E-Fashion Solutions LLC
80 Enterprise Avenue South
Secaucus, NJ 07094

We will add your name and address to our "Do Not Contact" list and ensure that we honor your request. Please note that any requests to update your personal information by postal mail or phone, may take up to ten days to process. If, due to human error, you continue to receive unwanted communications, please contact us again and we will make every effort to correct the situation.

If for any reason you do not want to receive promotional (i.e. not order-related) emails that notify you of new product arrivals, exclusive offers, upcoming events, store openings and more, simply click the unsubscribe link provided at the bottom of every email we send. You may also let us know by calling Customer Care at 1.888.810.3887 and ask to be unsubscribed.

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Cookies and Pixel Tags
A cookie is a small data file that websites often store on your computer's hard drive when you visit their sites. A cookie may contain information, such as a unique user ID that websites use to track the pages you've visited on their site.

We use cookies but do not store personally identifiable information in your cookie. We use cookies in order to improve your shopping experience. For example, we use cookies to:

• Remember what items are in your Shopping Bag
• Recognize you when you return to our website
• Enable you to use Express Checkout, if you have created an account at www.benshermanusa.com
• Study how our Guest's navigate through our website and which products they request in site searches
• Keep track of your order as you shop on our website
• Process your order on our website

Through our use of cookies, we may also track and maintain the identity of the website you visited immediately prior to visiting our website. We do not otherwise track any information about your use of other websites.

You can refuse cookies by turning them off in your browser. If you set your browser to refuse cookies we cannot process your order on our website and will not recognize you as a registered user, which allows you to access your account information. If you refuse cookies and wish to place an order from our website, please call Customer Care at 1.888.810.3887.

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Security
Protecting your personal information is important to us. We use Secure Sockets Layer (SSL) technology to protect your online order information as it is transmitted over the Internet.

Some versions of browsers and some firewalls don't permit communication through secure servers like the ones we use to process orders at www.benshermanusa.com. To check the security of your connection, look at the lower right-hand corner (IE and firefox) of your browser window after accessing the server. If you see an unbroken key or a closed lock (depending on your browser), then SSL is active. You can also double-check by looking at the "Address" line of your browser. When accessing a secure server, the first characters of the site address will change from "http" to "https."

If your browser or firewall doesn't support SSL, you will not be able to connect to the server, which means you won't be able to mistakenly place an order through an unsecured connection. If your browser does not support SSL, you may get an upgrade from the browser manufacturer's website. If you cannot access the secure server for any reason, please call 1.888.810.3887 to place an order.

Identity thieves sometimes send fraudulent email messages to trick customers into divulging personal or financial information (a practice known as "phishing"). Many of these emails feature company logos and language. Some of these emails even go as far as showing exact copies of company website pages. These emails and websites attempt to trick people into providing personal information such as: log-on IDs, passwords, credit card numbers, bank account information, Social Security Numbers, and other sensitive information. BEN SHERMAN DOES NOT REQUEST PERSONAL INFORMATION FROM CUSTOMERS VIA EMAIL. PLEASE NOTE THAT EMAIL IS NOT ENCRYPTED AND IS NOT CONSIDERED A SECURE MEANS OF TRANSMITTING PERSONAL INFORMATION. If you have received or entered personal information in response to a suspicious email, pop-up or phony website claiming to be affiliated with Ben Sherman or its affiliates, please call us at 1.888.810.3887. immediately.

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Links to Other Sites
Occasionally we provide links on our website to other sites we think you will enjoy. These site operate independently of Ben Sherman and have established their own privacy and security policies. For the best online experience, we strongly encourage you to review these policies at any site you visit. Ben Sherman is not responsible for the content or practices of any linked websites which are provided solely for the convenience and information of our visitors.

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Privacy of Children on Our Web Site
Ben Sherman is concerned about the safety of children when they use the Internet and will never knowingly request personally identifiable information from anyone under the age of 13.

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Questions or Comments?
For questions, comments, or assistance, we invite you to contact us:

Ben Sherman Customer Care
1.888.810.3887.
bshermaninfo@efashionsolutions.com
Effective December 4, 2007