Welcome to Nasty Gal! Please note all terms and conditions apply to anyone who has purchased on or after the February 28th, 2017.

Date modified: 21st February 2024

1.IMPORTANT LEGAL NOTICE

NASTYGAL.COM TERMS AND CONDITIONS OF SALE

These are the legal terms and conditions under which we supply the products (“Products“) listed on our website Nastygal.com (“Our Site”) to You. Please read these terms and conditions (“Terms & Conditions of Sale“) carefully before ordering any Products from Our Site. By placing an order to purchase any of our Products, you accept and agree to be bound and abide by these Terms & Conditions of Sale together with our Website Terms of Use here, our Privacy Policy here and our Returns Policy here (collectively, the “Terms and Conditions“), regardless of whether or not you choose to register with us. These Terms and Conditions tell you who we are, how we will provide Products to you, what to do if there is a problem, and other important information. If you live in the United States, please read this carefully.

BY USING THE SERVICES YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU SHOULD NOT PLACE AN ORDER ON OUR SITE. THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRAION CLAUSE, A CLASS ACTION WAIVER AND JURY TRIAL WAIVER CLAUSE THAT IMPACT YOUR RIGHTS IN RESPECT OF HOW TO RESOLVE DISPUTES. UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMEBR IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICPATE IN A CLASS ACTION LAWSUIT OR CLASS WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

2. INFORMATION ABOUT US

1. NastyGal.com is operated by Boohooplc.com Inc (“Nasty Gal ,“ “we,“ “us,“ or “our“). We are a company registered in England and Wales under company number 10487954 and with our registered office at 49/51 Dale Street, Manchester, England M1 2HF. Our UK VAT number is 185 4874 61. Our email address is customerservices@nastygal.com.

3. PRODUCTS

3.1. The images of the Products on Our Site and in our other advertising materials are for illustrative purposes only. Your Products may vary slightly from those images. Although we have made every effort to display and print the colors of the Products accurately, we cannot guarantee that your device or computer’s display of the pictures, or the pictures in our other advertising materials, accurately reflect the colors of the Products that will be delivered to you. The Products may vary slightly from these images.

3.2. Whilst we take reasonable care to ensure accuracy, all sizing and measurements of Products detailed on Our Site are approximate. We cannot guarantee that all details are always accurate, complete, or error free.

3.3. All our Products are sold on the basis that they are suitable for domestic and private use only. As such, none of our Products are intended for use in connection with any business purpose.

3.4. Please note that Products on Our Site are not aimed at persons aged under 16 and may be unsuitable for persons under this age group. We do not sell Products to children, but sell them to adults over 18 years old, who can purchase products with a credit card, debit card, or other payment method.

 

4. PRODUCT AVAILABILITY

4.1.Some restrictions are placed on the extent to which we accept orders from specific countries. These restrictions can be found on our “Deliveries“ page here.

4.2.If we are unable to accept your order, we will inform you of this and will not charge you for the Product(s). This may happen in circumstances, including (but not limited to) where the Product(s) is/are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the Product(s).

4.3. We may make changes to these Terms and Conditions from time to time. The Terms and Conditions that apply to your Contract (as defined in Section 6.2) will be those that are displayed on Our Site when you place your order.

 

5. YOUR STATUS

1. You may only purchase Products from us if:
a. you are over 18 years of age and legally capable of entering into a binding contract with us;
b. you are an authorized user of the credit or debit card or payment account (i.e., Paypal, Afterpay or Klarna) used to pay for your order; and,
c. you are a resident of a country that we deliver to (please see our “Deliveries“ page here for further information).

 

6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

6.1 Once you have placed your order, you should receive an e-mail from us acknowledging that we have received your order (but please contact us if you do not receive this e-mail). Please note this does not mean that your order has been accepted or that a contract has been formed between you and us. All orders are subject to availability and acceptance by us (which we may refuse for any reason).

6.2 After you submit your order, we immediately contact your bank or card issuer for authorization to take payment from your account. We will not process your order until payment has been received in full. If we accept your order we will confirm this to you by sending you a further e-mail (“Dispatch Confirmation“) confirming the Product is being processed ready for dispatch at which point the contract between you and us (“Contract“) will be formed.

6.3 As soon as you place your order, we start to process your order which means you will not be able to change it before delivery, but you may be able to return your Products under our Returns Policy here

6.4 From time to time we may make minor changes to a Product to reflect changes in relevant laws and regulatory requirements. If these changes change the product description or other mandatory information to be provided to you under the applicable laws, we will update Our Site.

6.5 These Terms and Conditions, and any Contract between us, are only in the English language. Please note that we may not necessarily keep a copy of your Contract. You should keep a copy of these Terms and Conditions and your order for future reference.

 

7. DELIVERY

7.1 We will seek to fulfil your order by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then as soon as reasonably possible (depending on the delivery service you have selected). In any event, delivery will take place no more than 30 days after the day your Contract is entered into.

7.2 If no one is available at your address to take delivery and the Products cannot be posted through your mailbox or left in a safe place and/or if you do not collect the Products from an address notified to you by our carrier within the time period notified to you by our carrier at the time delivery is attempted, we may end the Contract and Section 10 will apply.

7.3 Delivery of your order will be complete when we deliver the Products to the address you gave us and the Products will be your responsibility from that time

7.4 If you check out using your bank details, Paypal, or Apple Pay, you will own the Products once we have received payment in full. However, when you check-out using a payment instalment method, e.g., through a finance provider such as Klarna, then alternative terms will apply to you, further information on this is set out in Section 8 below.

7.5 Please note zipcode and/or postcode restrictions apply. Delivery times and costs may be increased where the Products are shipped outside the United States. Check your eligibility here

7.6 If you wish to dispute delivery of your order, you have 28 days starting from the day that the tracking status for you order is updated by the carrier as fulfilled (i.e. updated as delivered to the address set out in the Dispatch Confirmation). If your tracking doesn’t confirm your order has been delivered please note you have 90 days from your last tracking event to contact us. We reserve the right to request evidence, before issuing any refund of the price paid and/or any associated delivery costs.

7.7 In addition, if you order Products from us for delivery to a destination outside the United States:
a. your order may be subject to import duties and taxes which are applied when it reaches the delivery destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. We will not be liable or responsible if you do not pay any such import duties or taxes;
b. you must comply with all applicable laws and regulations of the United States and any country for which the Products are destined. We will not be liable or responsible if you break any such law; and
c. please see our Returns Policy here for details on returning any Products to us from a destination outside the United States.

 

8. PRICE AND PAYMENT

8.1 The price payable for the Products shall be as shown on Our Site in United States Dollars (USD), although please see Section 8.7 below for what happens if we discover an error in the price of any Product you order.

8.2 If you are viewing Our Site from the UK or a country in the EU, the Product prices advertised on Our Site for Products located in the EU are inclusive of the UK VAT at the relevant rate chargeable for the time being. Additional delivery charges (which will include UK VAT charged by us) will vary depending on the Products you ordered and your delivery address and are shown separately during the checkout process.

8.3 We reserve the right to change the prices on Our Site at any time without notice, but changes will not affect orders which we have already accepted. However, if applicable, the rate of VAT changes after the date of your order, we will adjust the rate of VAT you pay unless you have already paid for the Products in full before the change in VAT takes effect.

8.4 Taxes that appear in your online order confirmation are estimated. Because orders may be fulfilled from multiple locations across the U.S., the actual taxes charged to your credit card will be calculated based on the applicable state and local sales taxes when your order is shipped. We do not collect sales or use taxes in all states. For states imposing sales or use taxes, your purchase may be subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. Details of how to report these taxes may be found at the websites of your respective taxing authorities.

8.5 We accept payment by debit card, credit card, Apple Pay (iOS only), PayPal, Afterpay and Klarna. We accept the following cards: Visa, VISA Electron, Mastercard, Maestro, American Express.

8.6 You must pay for the Products (including all applicable delivery charges), and we will charge the card you have chosen to use to pay for your order once you reach the final billing page and submit your order. We immediately contact your bank or card issuer for authorization to take payment from your account. If you pay using any third-party service provider, such payments are subject to the third-party service provider’s terms and conditions. If you pay using Klarna, such payment will subject to additional terms between you and Klarna, available at www.klarna.com/us/terms-of-use/.See www.klarna.com/us/customer-service/csc/about-klarna/ for further information about Klarna. For more information about how Klarna will handle your personal data see their Privacy Policy, available at https://www.klarna.com/us/privacy-notice.

8.7 It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We have the right to reject an order if we discover a pricing error. We will normally check prices before accepting your order and if the price is incorrect, we will try to contact you for your instructions before we accept your order. If we are unable to contact you, your order will be cancelled. If we accept and process your order where there is a pricing error that is obvious and unmistakable and which could reasonably have been recognized by you as a mispricing, we may end the Contract, refund to you any sums you have paid under the Contract and require the return of any Products provided to you.

8.8 If you wish to apply a discount code or e-gift voucher code to your order, you must enter the relevant code during the online checkout process. Only one discount code and/or a maximum of five e-gift voucher codes, can be used per order and additional terms and conditions may apply in respect of each discount code. We reserve the right to decline to accept any discount or e-gift voucher code that is invalid for your order or that has expired.

8.9 Our percentage off promotions, discounts, or sale markdowns are customarily based on our own opinion of the value of this product, which is not intended to reflect a former price at which this product has sold in the recent past. This amount represents our opinion of the full retail value of this product today based on our own assessment after considering a number of factors. That’s why before checking out, it’s important you acknowledge that you understand this.

 

9. RETURNS, REFUNDS AND CANCELLATIONS

9.1 Please see our Returns Policy here for more information about returns, refunds, and cancellations.

9.2 You may also have additional rights to terminate Contract under applicable consumer law.

 

10. OUR RIGHTS TO CANCEL THE CONTRACT

10.1 We may end the Contract at any time by writing to you if:
a) you do not make any payment to us when it is due;
b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products; or
c) you do not, within a reasonable time, allow us to deliver the Products to you, or you are unavailable to receive delivery.
d)if the Products you have ordered are no longer available.

10.2 We may also end the Contract in the circumstances set out in Section 8.7.

10.3 If we end the Contract in any of the situations set out in Section 10.1 or 10.2, we will refund any money you have paid in advance for the Products we have not provided but we may deduct or charge you reasonable compensation for the costs we will incur as a result of your breaking the Contract.

 

11.INACCURATE, INCORRECT, OR DAMAGED PRODUCTS

11.1 We attempt to be as accurate as possible in the description of the products displayed on Our Site. We cannot guarantee that all details are always accurate, complete, or error free. If you believe that a Product description is inaccurate or your Product is damaged, please initiate a refund as set out in our Refund Policy.

 

12. OUR LIABILITY

12.1 Please note that we only provide Our Site and Products for domestic and private use. You agree not to use Our Site or any of our Products for any commercial, business or resale purposes. You further agree that you will not export, re-export, or otherwise transfer the Products to countries or territories that are the target of comprehensive embargoes or sanctions or to parties identified on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons List. We do have any liability to you for any loss of profit, loss of business, interruption of business or loss of business opportunity, any indirect or consequential loss or damage, and will not provide VAT invoices for your purchases. If you are not a consumer, you must obtain our prior written consent to purchase Products from Our Site.

12.2 TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT, SHALL NASTY GAL LIMITED, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR PRODUCTS, OUR SITE, ANY CONTENT ON OUR SITE, SERVICES, FEATURES, MATERIALS AND FUNCTIONS RELATED TO OUR SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

 

13. EVENTS OUTSIDE OUR CONTROL

1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an event outside our reasonable control, including any event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation):
A) strikes, lock-outs or other industrial action.
b) epidemic or pandemic or government actions arising from such epidemic or pandemic.
c) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
d) fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster.
e) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
f) impossibility of the use of public or private telecommunications networks.
g) the acts, decrees, legislation, regulations or restrictions of any government.
(hereinafter referred to as an “Event Outside Our Control“).

 

2. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract, we will contact you as soon as reasonably possible to notify you and our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

 

 

14.INTELLECTUAL PROPERTY RIGHTS

All and any Intellectual Property Rights in the Products shall be owned by us or our licensors. All intellectual property rights in the Products are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All such rights are reserved.

 

15. AFTER-SALES SERVICE

You can contact us with any questions, comments, complaints, or requests regarding these Terms & Conditions of Sale or our Products, using the details set out in the Contact Us form.

 

16. PROMOTION TERMS AND CONDITIONS

Official Nasty Gal promotion codes entitle you to an offer on your online order from www.Nasty Gal.com. To utilize your promotion code, click the “redeem a promotion code“ button on the order summary page and enter the specific code. Please note, promotion codes can only be used once per transaction and cannot be used in conjunction with any other promotion or offer. Promotion codes are territory specific, remain our property, are not transferable and are not valid for the purchase of gift cards or gift vouchers. There is no cash alternative. Promotion codes and related offers are not open to employees of Nasty Gal and we reserve the right to withdraw them and refuse or restrict any order at any time. Promotion codes are only valid on Nastygal.com for payments made by residents of the United States.

 

17. E-GIFT CARDS

By purchasing, using, or accepting a Nasty Gal e-gift card (e-gift card) (“Gift Card“), you agree to enter into a contract with Nasty Gal and to be bound by these Gift Cards Terms and Conditions (“Terms and Conditions“) together with our Privacy Notice and Website Terms of Use which are incorporated into these Terms and Conditions. Please read them all carefully before purchasing, using, or accepting a Gift Card. By purchasing, using, or accepting a Gift Card, you accept that your contract with us for the Gift Card will be governed by these Terms and Conditions, together with our Privacy Notice and Website Terms of Use.
“Nasty Gal / we / our“ means Nasty Gal Limited. We are a limited company registered in England and Wales under company number 05723154 and with our registered office at 49/51 Dale Street, Manchester, England M1 2HF. Our UK VAT number is 185 4874 61.
Our Gift Cards are managed by Jigsaw Business Solutions Ltd (which is a limited company incorporated in England and Wales under company number 08663917) (“Jigsaw“). We may use Jigsaw and other third parties to perform any or all of our responsibilities relating to your Gift Card.
“You / your“ means the person who has purchased the Gift Card from us or is using the Gift Card. The Gift Cards are fully transferable to another person, but they may not be bartered or sold. If you designate another person to receive and use the Gift Card, you are authorising that person to use the Gift Card and any balance on that Gift Card. The recipient/user must create an account with us to use the Gift Card, and the use of the Gift Card by that recipient/user will be governed by these Terms and Conditions, including the Privacy Notice and Website Terms of Use

PURCHASING A GIFT CARD

You can purchase an e-gift card online at nastygalgiftcards.com in the U.S. only and for use only by U.S. users. You can purchase up to five e-gift cards in any one transaction. E-gift cards cannot be purchased in conjunction with any other items on Nastygal.com in the same transaction.
E-gift cards may be purchased and activated for a minimum value of $5 and a maximum value of $500. E-gift cards are only available in U.S. Dollars. Payment for e-gift cards is accepted by debit card, credit card and PayPal. You cannot purchase an e-gift card using another Gift Card.
Payment on nastygalgiftcards.com will be taken by a third-party company, Stripe, and will show on your bank statement as “nasty gal Gift Cards“.

E-GIFT CARD DELIVERY; TITLE, RISK OF LOSS

Once your Gift Card order has been approved by us and your payment to us has cleared for the full purchase value of your Gift Card, your Gift Card will be delivered to the email address you designate for delivery when completing your order. The email address you designate for delivery should be yours or the person you have designated to receive and use the Gift Card. The Gift Card will not be delivered until your payment to us has cleared for the full purchase value of the Gift Card.
Payment on nastygalgiftcards.com will be taken by a third-party company, Stripe, and will show on your bank statement as “nasty gal Gift Cards“.
Your Gift Card will be delivered to the designated recipient at the designed email address on the date the payment clears, unless you have designated a specific delivery date. If you have designated a specific delivery date, provided your payment has cleared by that date, the Gift Card will be delivered to the designed recipient at the designated email address on the specific date you designated for delivery when you placed your order. The specific delivery date you designate for delivery when placing your order must be within 2 months of the date of your order. If your payment has not cleared by the specific date you designate for delivery, the Gift Card will be delivered after your payment has cleared.
Nasty Gal does not accept responsibility for any losses resulting from any e-gift card being delivered to an incorrect email address due to errors made by you within your order. You must therefore take extra care when entering details in your order.
The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or other designated recipient. Gift Cards can be purchased only from us, and you are responsible for protecting the Gift Card and PIN and for safeguarding your Gift Card from unauthorized use. We are not responsible for any unauthorized uses of your Gift Card.

REDEEMING A GIFT CARD

Your Gift Card can be used to make purchases online only at Nastygal.com in the US. Any purchases made using any amount on your Gift Card by you or by any other valid user/recipient are subject to these Terms and Conditions, as well as to our website Terms of Use and Privacy Policy, and anyone using a Gift Card to make a purchase at Nasty Gal you must agree to these Terms and Conditions and to our website Terms of Use and Privacy Policy. The amount on a Gift Card cannot be used to purchase items from any of Nasty Gal ’s affiliate brands, including boohoo, boohooMAN, prettylittlething, misspap, karenmillen, coastfashion, warehouse, oasis, Dorothy Perkins, Wallis, Burton or Debenhams.
To use any amount on a Gift Card, the user will be required to enter the 8-digit PIN at the point of purchase, which PIN can be found on the delivery email that is sent to the designed recipient. Up to five Gift Cards can be used in any one transaction.
If the entire amount on your Gift Card has not been spent, the remaining balance will be updated after every transaction and will remain on your Gift Card to use until the balance is fully redeemed.
The amount on your Gift Card can be used towards the purchase amount of items that are priced higher than the balance of your Gift Card, provided that you or the user making the transaction also pay the difference for such items using one of our prescribed payment methods.
 

LIMITATIONS ON USE

Your Gift Card balance cannot be used to purchase other Gift Cards, prepaid open loop cards, or any third-party gift cards. Gift Cards cannot be reloaded, resold, used for payment outside of nastygla.com in the U.S, redeemed for more than face value, transferred for value, redeemed for cash, returned for a cash refund (expect to the extent required by law), used in any way that is unlawful or fraudulent, or used in a manner prohibited by our Terms and Conditions. Also, Gift Cards may not be applied to the purchase of goods or services at any store or property outside of the United States.
 

GIFT CARD EXPIRATION

Your Gift Card will have no expiration date. The balance on any validly purchased Gift Card does not expire, and may be redeemed by a valid and eligible recipient and applied towards eligible purchases at any time.
 

CHECK BALANCE

Your e-gift card balance can be checked online here.
 

RETURNING ITEMS PURCHASED WITH AN E-GIFT CARD

If you or the designated recipient of the Gift Card have purchased items with a Gift Card, but then subsequently return the items and are entitled to a refund for them in accordance with our general Website Terms of Use, any money owing by us for the refund will be added to the remaining balance on the Gift Card (for any purchase amount originally taken from your Gift Card), or refunded to the other prescribed payment method used to pay us (for any purchase amount originally taken from another prescribed payment method other than the Gift Card).
 

CORRUPTED, DELETED, LOST, STOLEN, DESTROYED, DAMAGED OR USED GIFT CARDS

Nasty Gal shall not be responsible if a Gift Card is corrupted, deleted, lost, stolen, destroyed or damaged or used (as applicable) without permission. We reserve the right to refuse to accept a Gift Card which we deem to have been duplicated, tampered with, damaged or otherwise suspect has been affected by fraud.
We cannot be held responsible for Gift Cards that cannot be delivered due to the recipient’s spam filters, firewalls, capacity of the mailbox, and any other factors outside our control.
Nasty Gal is unable to replace Gift Card(s) if lost, stolen, destroyed or damaged.
Please realize that there are a number of Gift Card scams that request payment by gift card. We are not responsible for, and we assume no liability to you for, any unlawful conduct or fraud by any third party associated with any gift card scams, illegal activities, or otherwise.
 

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS OR ANY BALANCE ON ANY GIFT CARDS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL OR OTHERWISE DEFECTIVE, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD.
 

DISPUTES

Any dispute or claim relating in any way to our Gift Cards shall be resolved by the dispute resolution provisions in our Website Terms of Use.
 

GENERAL

Gift Cards and their balance cannot be returned or refunded, in whole or in part, except in accordance with your statutory legal rights or as otherwise required by applicable law. Gift Cards and their balance cannot be resold, exchanged for cash or vouchers, except where required by law, or transferred for any value by you or anyone else other than for purchasing items from nastygal.com in the U.S.A. only. No fees apply to the purchase or use of any Gift Cards.
We reserve the right to require additional verification of your identity or Gift Card or account ownership, or provision of an additional payment instrument before you are able to apply a Gift Card to an eligible purchase.
When you purchase, receive, or apply a Gift Card to an eligible purchase, you agree to the governing laws, jurisdiction, and venue as stated in the Website Terms of Use.
We reserve the right to cancel any order for your Gift Card and refund any monies you have paid to us if we discover any pricing or other errors in relation to the order prior to the time of dispatch. We will contact you in these circumstances and will give you the opportunity to place a new order. Your refund will be processed within 5 working days.
We reserve the right to cancel any order made using any balance on your Gift Card and will refund any monies redeemed and paid to us from your Gift Card back to a new Gift Card if we discover any pricing or other errors in relation to the order prior to the time of dispatch. We will contact you in these circumstances and will give you the opportunity to place a new order using a new Gift Card. Your refund will be processed within 5 working days.
We reserve the right to terminate your order for your Gift Card, if we believe you have breached any of these Terms and Conditions or if we suspect fraudulent activity. We also reserve the right to terminate any order made using any balance on your Gift Card, if we believe you (or the person placing the order) has breached any of these Terms and Conditions or if we suspect fraudulent activity. If we terminate your order we will refund the sums you have paid to us within 5 working days, less any costs directly incurred by us as a consequence of your breach of these Terms and Conditions.
We reserve the right to change or add to these Terms and Conditions for security, legal or regulatory requirements. We will give you at least one month’s notice of any such changes or additions.
If you require further information about our Terms and Condition, or your use of your Gift Card, please contact a member of our customer services team at: groupcomplaints@boohoo.com
 

 

18. OTHER IMPORTANT TERMS

18.1 If we have to contact you, we will do so by in writing or telephone, using the contact details you provided to us in your order, unless you have asked us to contact you by any other means. We may also contact you by reply on any social media platform page that you have used to contact us. When we refer in these Terms and Conditions to “in writing“, this includes e-mail.

18.2 We may transfer our rights and obligations under the Contract to another organization. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.

18.3 You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree in writing.

18.4 The Contract is between you and us. No other person shall have any rights to enforce any of its terms. We may use subcontractors in performing our obligations under this Contract.

18.5 Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority of competent jurisdiction decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

18.6 If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

18.7. Entire Agreement. These Terms and Conditions, the Terms of Use, the Privacy Policy, the Refund Policy, any documents they incorporate by reference, and any additional terms you agree to in connection with Our Site constitute the sole and entire agreement between you and Nasty Gal regarding your purchase of our Products and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the purchase of our Products.

19. This site is protected by reCAPTCHA and is subject to Google's Privacy Policy and Terms and Conditions

 

19. DISPUTE RESOLUTION, BINDING ARBITRATION, AND CLASS WAIVER

19.1. Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS THE TERMS & CONDITIONS OF SALE OTHERWISE PROVIDE, YOU AGREE TO WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION.

19.2. Agreement to Binding Arbitration

FOR RESIDENTS OF THE UNITED STATES AND CONTRACTS FOR PRODUCTS SHIPPED TO THE UNITED STATES, YOU AND NASTY GAL AGREE THAT IN THE EVENT OF ANY CLAIM OR DISPUTE (WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE) ARISING OUT OF, RELATING TO, OR CONNECTED IN ANY WAY WITH THE BREACH, ENFORCEMENT, INTERPRETATION, APPLICATION, OR VALIDITY OF THESE TERMS & CONDITIONS OF SALE, SUCH CLAIM, DISPUTE OR CONTROVERSY WILL BE RESOLVED EXCLUSIVELY AND SOLELY BY FINAL AND BINDING ARBITRATION, EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS & CONDITIONS OF SALE (THE “ARBITRATION AGREEMENT“).

19.3. Exceptions to Arbitration

Notwithstanding the foregoing, in lieu of arbitration: (1) either you or Nasty Gal can automatically bring an individual claim in small claims court in the United States of America, consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim. Decisions regarding this Section shall solely be decided by a court and not by an arbitrator or via arbitration.

19.4. Jury Trial & Class Action Waiver

YOU AND NASTY GAL ACKNOWLEDGE AND AGREE THAT YOU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. THE PARTIES FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES AND NOT AS A CLASS ACTION, MASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS (SAVE AS FOR EXCEPT SPECIFIED IN THE PARAGRAPH ENTITLED BATCH ARBITRATION BELOW. YOU AND NASTY GAL MAY NOT BE PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, AND MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY ON AN INDIVIDUAL BASIS AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THE INDIVIDUAL CLAIM.
To the extent permissible by law there shall be no right or authority for any dispute to be arbitrated as a representative action or as a private attorney general action, including but not limited to claims brought pursuant to the Private Attorney General Act of 2004, Cal. Lab. Code § 2698, et seq. This means that you may not seek relief on behalf of any other parties in arbitration. Further information on the Class Action Waiver to be found at paragraph 19.12.
Notwithstanding the above if any arbitrator determines that any term in paragraph 19.4 is unenforceable for any reason as to any claim, including without limitation for a “private attorney general action,” then the Arbitration Agreement will be inapplicable to that claim and that claim will instead proceed through litigation in court rather than by arbitration, but only after the conclusion of the arbitration of any claim or dispute that is subject to the Arbitration Agreement.

19.5. Governing Law & Arbitration Rules

The Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA“), will govern the interpretation and enforcement of this Section 19. If the FAA is found not to apply to any issue that arises under this section or the enforcement of the Arbitration Agreement, then that issue shall be resolved under the laws of the State of Delaware.The arbitration will be conducted under the then current and applicable consumer arbitration rules of the American Arbitration Association (“AAA“). The AAA rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879.

19.6. Informal Dispute Resolution

You and Nasty Gal agree to try and resolve any dispute informally before resorting to arbitration. You and Nasty Gal therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer either via telephone or video call in a good faith effort to resolve informally any dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference but you will also participate in the conference. The Party initiating the dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”) which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Nasty Gal that you intend to initiate an Informal Dispute Resolution Conference should be sent via email to legal@boohoo.com or regular mail to 49/51 Dale Street, Manchester, M1 2HF. Notice to you will be sent to the address or email address associated with your account. The Notice must include (1) your name, telephone number, mailing address, e-mail address associated with your account, (2) the name, telephone number, mailing address and email address of your counsel, if any; and (3) a description of your Dispute. The Informal Dispute Resolution Conference shall be individualised such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm, or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. Engaging in the Informal Dispute Resolution Conference is a conditions precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the Parties engage in the Informal Dispute resolution Conference required by this section.

19.7. Initiating Arbitration

Prior to initiating an arbitration, a party must first send a further written notice to the other party. If you intend to seek arbitration you must first send notice by international mail to Nasty Gal UK Limited, c/o Legal Team, 49/51 Dale Street, Manchester, M1 2HF England. The notice shall be individual and not for the claims of any other person, and must include your full name, your entire factual, legal claim, the requested relief and an express authorization to bring the arbitration demand. Nasty Gal shall send a Notice to the current billing address on your account by international mail. The Notice shall describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach a settlement within 30 days from the receipt of the Notice, either party may initiate arbitration proceedings. A form to initiate arbitration proceedings is available on the AAA site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must post a copy of the completed form to the opposing party. You may send such copy to Nasty Gal at Nasty Gal Limited, c/o Legal Team, 49/51 Dale Street, Manchester, M1 2HF England, and Nasty Gal will send such copy to the current billing address or email address on your account or to your counsel, if you so instruct.

19.8. Fees

You will pay the individual portion of the arbitration filing fee specified in the rules of the AAA. Nasty Gal will pay the business portion of the required filing fees, and all administration and arbitrator fees (collectively, your and Nasty Gal ’s fees, “Arbitration Fees“).

19.9. Location & Procedure

If your claim is for $10,000 (US Dollars) or less, you may choose to have arbitration conducted solely on the basis of documents submitted to the arbitrator, via a telephone hearing, by an in-person hearing in the county of your residence, or as otherwise mutually agreed to by the parties. If your claim exceeds $10,000 (US Dollars), the location of the arbitration and the parties’ right to a hearing will be determined in accordance with the rules of the AAA.

19.10. Arbitrator’s Decision

The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Nasty Gal shall have the right to seek attorneys’ fees and costs in arbitration for claims deemed frivolous by the arbitrator. If Nasty Gal makes an offer of judgment not less than 10 days prior to the arbitration, if an arbitrator’s monetary award against Nasty Gal does not match or exceed Nasty Gal ’s offer, you agree to pay Nasty Gal ’s legal fees and expenses for the arbitration.

19.11. Choice of Law, Forum Selection, & Jury Waiver

Except as set forth in this Section 19, all matters relating to all matters arising out of or related to these Terms & Conditions of Sale, will be governed by the applicable laws of the United States of America and the laws of the State of Delaware without regard to Delaware choice of law principles. Unless you and Nasty Gal agree otherwise, in the event that it is determined or these Terms & Conditions of Sale provide that a claim should not proceed through arbitration, you agree that any claim or dispute (with the exception of a claim or dispute appropriately lodged in any small claims court in the United States of America) shall be resolved in the United States District Court for the District of Delaware, and you submit to the personal jurisdiction of that court. If subject matter jurisdiction (including diversity jurisdiction) does not exist in the United States District Court for the District of Delaware for any such claim, then the exclusive forum and venue for any such action shall be the courts of the State of Delaware located in New Castle County, and you submit to the personal jurisdiction of that court. As to any proceeding in court, you and Nasty Gal both waive your right to a jury trial, unless such waiver is unenforceable. The choice-of-law and forum-selection provisions in this section do not apply to the Arbitration Agreement or to any arbitrable disputes as provided by the Arbitration Agreement section. Instead, as provided in the Arbitration Agreement section, the FAA shall apply to any such disputes.

19.12. The choice-of-law and forum-selection provisions in this section do not apply to the Arbitration Agreement or to any arbitrable disputes as provided by the Arbitration Agreement section. Instead, as provided in the Arbitration Agreement section, the FAA shall apply to any such disputes.

19.13. Class Action Waiver

You acknowledge and agree that any and all disputes, claims, or controversies between the parties shall be resolved only in individual arbitration. You expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a class, collective, coordinated, consolidated, and/or representative action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any class, collective, coordinated, consolidated, and/or representative action, or to award relief to anyone but the individual in arbitration (“Class Action Waiver”). The parties also expressly waive the right to seek, recover, or obtain any non-individual relief. Notwithstanding anything else in this agreement, this Class Action Waiver does not prevent you or Nasty Gal from participating in a classwide, collective, and/or representative settlement of claims as set out in Section 19.14. The parties further agree that if for any reason a claim does not proceed in arbitration, this Class Action Waiver shall remain in effect, and a court may not preside over any action joining, coordinating, or consolidating the claims of multiple individuals against Nasty Gal in a single proceeding, except that this Class Action Waiver shall not prevent you or Nasty Gal from participating in a classwide, collective, and/or representative settlement of claims as set out in 19.14. If it is determined that any portion of this Class Action Waiver is unenforceable or unlawful for any reason, (i) any class, collective, coordinated, consolidated, and/or representative claims subject to the unenforceable or unlawful portion(s) shall proceed in a court of competent jurisdiction; (ii) the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration; (iii) the unenforceable or unlawful portion(s) shall be severed from this Arbitration Agreement; and (iv) severance of the unenforceable or unlawful portion(s) shall have no impact whatsoever on the enforceability, applicability, or validity of the Arbitration Agreement or the arbitrability of any remaining claims asserted by you or Nasty Gal .

19.14. Batching

If 100 of more customers initiate Notices of dispute (including Informal Dispute Resolution) with Nasty Gal raising similar claims within a 30 day period and counsel for the Nasty Gal customers bringing the claims are the same, or coordinated with these customers, the claims shall proceed in arbitration in a coordinated proceeding. Counsel for You and counsel for Nasty Gal shall each select 5 cases to proceed first in arbitration in a bellwether proceeding (“Bellwether Proceeding”). The remaining cases shall not be filed in arbitration until the first 10 have been resolved. If the parties are unable to resolve the remaining cases after the conclusion of the Bellwether Proceeding, each side may select another 5 cases to proceed to arbitration for a second Bellwether Proceeding. This process may continue until the parties are able to resolve all of the claims either through settlement or arbitration. A court will have authority to enforce this clause and if necessary to enjoin the mass filing of arbitration demands against Nasty Gal.
An arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself.
If for some reason the prohibition on class arbitrations as set out above cannot be enforced as to all or part of the dispute then the agreement to arbitrate will not apply to that dispute or part of the dispute.
If for any reason a claim proceeds in court rather than through arbitration, such as pursuant to Section 19.3. You and Nasty Gal agree that there will not be a jury trial. You and Nasty Gal unconditionally waive any right to trial by jury in any action, proceeding or counter claim arising out of or relating to this Arbitration Agreement in any way. In the event of litigation, this Section may be filed to show a written consent to a trial by the court.

19.15 30 day right to opt out.

You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to us at optout@boohoo.com within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your account (if you have one) and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration agreement has no effect on any other arbitration agreements that you currently have or may enter into in the future with us. If the dispute is not covered by any arbitration agreement between You and Us it shall proceed in the Courts indicated in Section 19.11.
 

 

20. INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS NASTY GAL LIMITED, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS, AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO (I) YOUR VIOLATION OF THESE TERMS AND CONDITIONS, (II) PURCHASE OF OUR PRODUCTS, (III) ANY USE OF THE OUR SITE'S CONTENT, SERVICES, AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS AND CONDITIONS, (IV) YOUR INFRINGEMENT OF ANY OF OUR INTELLECTUAL PROPERTY RIGHTS; (V) YOUR INFRINGEMENT OF ANY OTHER RIGHT OF ANY PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, DEFAMATION OF SUCH PERSON OR ENTITY, OR VIOLATIONS OF SUCH PERSON’S OR ENTITY’S INTELLECTUAL PROPERTY OR PRIVACY RIGHTS, (VI) YOUR BREACH OF ANY DUTY OF CONFIDENCE OR PRIVACY OWED TO NASTY GAL LIMITED, OR (V) ANY FALSE STATEMENTS OR CLAIMS MADE BY YOU IN ANY FORM ABOUT NASTY GAL LIMITED OR ABOUT ITS PRODUCTS OR SERVICES. NOTE THAT THE ARBITRATION PROVISIONS OF CLAUSE 19 DO NOT APPLY TO ANY INDEMNIFICATION CLAIMS OR ACTIONS BROUGHT AGAINST YOU BY US PURSUANT TO THIS CLAUSE.

 

21. CALIFORNIA PURCHASES.

The following is a notice to residents of California regarding Proposition 65: California’s Proposition 65 entitles California consumers to special warnings for products that contain chemicals known to the State of California to cause cancer and birth defects or other reproductive harm if those products expose consumers to such chemicals above certain threshold levels. WARNING: Some Products on our Online Store from time to time may contain chemicals that are known to the State of California to cause cancer and birth defects or other reproductive harm and may be included on the Prop 65 chemical list. If you need additional information to make your purchase of Products, please email us at: customerservices@nastygal.com and we will respond as soon as possible to provide you with the information we possess about the materials within our Products. For more information on Proposition 65, please visit here.

22. SMS.

22.1 You must expressly opt in to Nasty Gal's SMS initiative (the "Initiative") to receive messages.
By enrolling, you expressly consent and agree to receive recurring SMS and MMS messages from Nasty Gal at the telephone number you provided including advertising, marketing, news updates, and other information from or on behalf of Nasty Gal. You acknowledge and agree that Initiative messages may be sent using a system that could qualify as an automatic telephone dialling system, another automated system for the selection and dialling of telephone numbers, or any other messaging technology. Your consent to participate in our Initiative is not required (directly or indirectly) as a condition of purchasing any property, goods or services and it is not required to use our Site, App, or Services.

22.2 Message Frequency
The frequency of Initiaive messages may vary and we may change the frequency of the messages you receive at any time, including in response to your interactions with us. You agree we may send SMS/MMS text messages as often as needed.

22.3 Getting HELP
For support or assistnace, text the word HELP to the short code or number from which you currently are receiving our text messages or respond with the keyword HELP to any messages you receive from our Initiative or you can email info@boohoo.com

22.4 Opting Out
You can opt out from receiving SMS/MMS text messages through our Initiative by responding with the keyword STOP to any messages you receive from our Initiative, or you can text STOP to the short code or number from which you currently are receiving our text messages. You will receive one additional message confirming that your request has been prosessed. Please note that we may change any short code or telephone number we use to operate the Initiative at any time with notice to you.

22.5 Your Own Wireless Plan
Messages and data rates may apply for any messages sent to and by you. If you have any questions about your text plan or data plan, contact your wireless provider.

22.6 Your Duties For Your Own Phone Number
If you enroll in the Initiative, you represent that you are the account holder or customary user for the mobile telephone number that you provide when enrolling in our text messaging initiative. If you change or deactivate that number, you are responsible for notifying us immediately. The Initiative is offer on an "as-is", "as-available" basis and may not be available in all areas or at all times and may not be supported by all wireless carriers. Neither we, our vendors and/or any other wireless carrier is liable for failed, delayed, misdirected, or undelivered messages

22.7 Participation Subject to Termination or Change
If you enroll in Nasty Gal's Initiative, we may suspend or terminate your receipt of automated marketing messages from us if we believe you are in breach of these Terms. Your receipt of these messages is also subject to termination if your mobile telepone service terminates or lapses. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of these messages, with or without notice to you.

 

Terms and Conditions relating to WIN 15X EXCLUSIVE Nessa Barrett Launch Tee’s (1x winner per tee)

The promoter of Nasty Gal WIN 15X EXCLUSIVE Nessa Barrett Launch Tee’s (1x winner per tee) COMPETITION ("Prize Draw") is Nasty Gal Limited of 49/51 Dale Street, Manchester M1 2HF ("Promoter").

1. Eligibility
   1. This Prize Draw is open to individuals worldwide, aged over 18 years or over, except for employees of the Promoter, their immediate family, sponsors of the Prize Draw and their employees who are directly associated with the administration of the Prize Draw. Competition opened worldwide.
   2. Individuals who are under the age of 18 must have the consent of a parent or guardian over 18 to enter the Prize Draw. The Promoter reserves the right to obtain proof of such consent and to refuse entry or to choose another winner if such proof, where requested, has not been given. The persons attending with the winner must also be over the age of 18.
   3. All Entries by the entrant must be submitted via Tiktok(@nastygal).
   4. Entrants will only win 1x tee.
2. The Competition

The title of the competition WIN 15X EXCLUSIVE Nessa Barrett Launch Tee’s (1x winner per tee)

How to enter

1. 1. To enter the Prize Draw entrants must (1) follow @nastygal on Tiktok (2) like the competition post and (3) leave a comment (more comments = more enteries.(“Entry” or “Entries”).

1. 2. Entries must be made between 22:00 (BST) on Thursday 21^st November 2024 and closes 22:00 BST on 28^th November 2024. Winner announced on 29^th November 2024. ("Prize Draw Period") to be valid.
   3. Entries received after the end of the Prize Draw Period will not be valid.
   4. No bulk, third party or automated entries are permitted.
   5. All entrants (including the winner) must comply with any reasonable directions given to him or her by the Promoter in connection with the Prize Draw.  Failure to comply with such directions may result in an invalid Entry and/or withdrawal of the Prize.

3. Winner selection and contact
   1. The winner of the Prize Draw will be announced on the Promoter’s official Tiktok account @nastygal on or around 29^th November 2024(“Announcement Date”).
   2. The winner will be selected by random selection via electronic means. The decision of the Promotor shall be final. No correspondence will be entered into in respect of any decision made in connection with this Prize Draw. 
   3. The Promoter will contact the winner personally as soon as practicable after the Announcement Date, via Instagram DM from the Promoter’s official Tiktok account @nastygal (“Winner”). The Promoter will ask the Winner to provide further details in relation to the Prize (the “Details”).The Winner must provide the Details in order to claim the Prize. 
   4. If any Winner fails to provide their Details to the Promoter within 48 hours of the Promoter contacting the winner and asking them to provide the Details in accordance with clause 3.3 then the Promoter acting in its absolute discretion may:
      1. make further attempts to contact that Winner; and/orwithdraw the Prize from that Winner.
   5. If the Prize is declined by a Winner or is withdrawn from a Winner by the Promoter, the declining or forfeiting Winner will continue to be subject to the provisions of these Terms and Conditions; and the Promoter may offer the Prize to a new Winner by random selection in accordance with this clause 4.2.
4. Prize
   1. The prize consists of: (a) WIN 15X EXCLUSIVE Nessa Barrett Launch Tee’s (1x winner per tee)For the avoidance of doubt, there will be 15 winners, each winner receiving 1x t-shirt.
   2. The winner must be 18 years or older to enter. By participating in this giveaway, you agree to these terms and conditions.
   3. The Prize is non-transferable and non-refundable and the Winners cannot request any alternative prize (cash or otherwise). The Prize is subject to availability.
   4. There will be 15x winners announced.

5. Winner publicity
   1. The Promoter reserves the right to publish each Winner's name and Entry on the Promoter’s official social media accounts, including but not limited to Twitter, Instagram, Facebook, You Tube, Snapchat, Tik Tok or any other media include its app and on its website found at nastygal.com  
   2. By entering the Prize Draw, if you are a Winner you agree to your Entry being published in accordance with clause 6.1 and to take part in and co-operate fully with all reasonable publicity accompanying or resulting from this Prize Draw without further recompense. 

6. Entry requirements

   1. Any Entry that is deemed by the Promoter, in its sole discretion, to be unlawful, obscene, vulgar, pornographic, hateful, threatening, discriminatory, offensive or which may otherwise bring the Prize Draw or Promoter into disrepute will be excluded from the Prize Draw and the Promoter reserves the right to take any further action in respect of such Entry that it deems appropriate.
   2. The Promoter will fully co-operate with any law enforcement authorities or court order requesting or directing the Promoter to disclose the identity of or to locate anyone posting or linking any content to its social media accounts and/or pages which infringes any third party rights or is in breach of any of these Terms and Conditions or any applicable law.

7. Use and display of Entries and copyright

   1. The copyright subsisting in the Entry must belong to the entrant. Entrants will retain copyright in the Entries they submit. Entrants must not have infringed the rights of any other party or breached any laws when submitting their Entries.  If an Entry contains reference to or images of a person, the consent of that person (or their parent or guardian if they are under 18) must have been obtained.
   2. By submitting an Entry:
      1. you licence and grant the Promoter, its affiliates and sub-licensees an exclusive, royalty free, perpetual, worldwide, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish and display such content for any purpose in any media including, but not limited to the Promoter’s website and app, social media accounts as set out at clause 6.1, marketing materials, press releases, newsletters and promotional material, including an external above the line advertising and marketing, including billboard and transport  without further compensation, restriction on use, attribution or liability;
      2. you waive any moral rights or similar rights in respect of your entry to which you may be entitled (at the time of submission or in the future) under the Copyright, Designs and Patents Act 1988 as amended time to time or under any similar applicable laws in force from time to time in force anywhere in the world;
      3. you acknowledge that third parties will have access to and will be able to republish your Entry in accordance with the terms of use of the social media platform through which your Entry is submitted.

8. Liability

   1. Except for death or personal injury caused by negligence of the Promoter or its agents or representatives or for fraud or fraudulent misrepresentation, neither the Promoter, nor its agents or representatives assume responsibility for:
      1. any Prize that is not redeemed;
      2. any personal property;
      3. any loss of enjoyment or wasted expenditure;

TERMS OF WEBSITE USE

Last Modified: 05.04.2023

These terms of use are entered into by and between you and Nasty Gal Limited (“we,” “us,” or “our”). This document (the “Terms of Use”), together with the policies and terms referred to below, set out the rules for using www.nastygal.com ("our site"), whether as a guest or a registered user. Use of our site includes accessing, browsing, shopping on or registering to use our site. Please read these Terms of Use carefully before you start to use our site. We recommend that you print and keep a copy of these Terms of Use for future reference. By using our site, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use our site.

INFORMATION ABOUT US

www.nastygal.com is a site operated by Nasty Gal Limited. We are a limited company registered in England and Wales under company number 10487954 and with our registered office at 49/51 Dale Street, Manchester, England M1 2HF. Our UK VAT number is 185 4874 61.

OTHER APPLICABLE TERMS

Should you wish to purchase any goods shown or advertised on our site, the supply of those goods will be subject to our Terms and Conditions of Sale here. Our Privacy Notice here (which sets out the terms on which we process your personal data) and our Cookie Policy here (which sets out information about the cookies on our site) will also apply to your use of our site.

CHANGES TO THESE TERMS OF USE

We may revise these Terms of Use at any time by amending this page. All changes are effective immediately when we post them, and apply to all access to and use of our site thereafter. Every time you wish to use our site, please check these Terms of Use to ensure you understand the terms that apply at that time. Your continued use of our site following the posting of revised Terms of Use means that you accept and agree to the changes.

ACCESS TO OUR SITE

Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site at any time without notice. We will not be liable to you if for any reason all or part of our site is unavailable or interrupted at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

YOUR ACCOUNT AND PASSWORD

You may access most areas of our site without registering your details with us, but certain areas of our site will only be open to you if you register with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to any third party. You agree that all information you provide to register with our site or otherwise, including, but not limited to, through the use of any interactive features on our site, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice here. We have the right to disable any user identification code, password or account at any time, if in our sole discretion you have failed to comply with any of the provisions of these Terms of Use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at customerservcies@nastygal.com

YOUR USE OF OUR SITE

You may use our site only for lawful purposes and in accordance with these Terms of Use. You may not use our site:

• In any way that breaches any applicable local, national or international law, regulation or code of practice;
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• In any way that infringes any intellectual property right or right to privacy; and/or
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation to any person.

You also agree not to reproduce, duplicate, copy or re-sell any part of our site in contravention of these Terms of Use. Breach of any of these conditions of use of our site constitutes a material breach of these Terms of Use.

INTERACTIVE SERVICES

We may from time to time provide interactive services to you on our site. For example, we may allow you to leave reviews of our products (subject to our content standards set out below). Use of any of our interactive services by a minor is subject to the consent of their parent or guardian. By submitting any content (“User Content”) to our site or through our interactive services, you agree that we shall have a non-exclusive, perpetual, royalty-free, worldwide right and licence to use, reproduce, distribute and make available such content on our site and in our marketing materials. Any User Content you post to our site will be considered non-confidential and non-proprietary. We may, from time to time, if we consider it appropriate, moderate any content that you provide through the interactive service provided on our site. However, we are under no obligation to do so. Moderation may be carried out automatically and/or manually, by us or by a third party on our behalf. Any content posted on our site by users through any interactive service does not necessarily reflect the opinions, views, values or ideals of Nasty Gal Limited or our personnel. We are not responsible, or liable to you or any third party, for the content or accuracy of any User Content provided by any third parties. We also expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of these Terms of Use, whether the service is moderated or not. If you wish to complain about information or materials uploaded to our site by other users please contact us on customerservices@nastygal.com.

CONTENT STANDARDS

You must ensure that any and all information and material which you post to User Content and use of any interactive services associated with it complies with following standards. User Content must be accurate (where it states facts), be genuinely held (where it states opinions) and comply with applicable law in the UK and in any country from which it is posted. Product reviews will only be accepted from genuine, verified purchasers in the correct language for the relevant website and will not be accepted from our employees. You are solely responsible for securing and backing up your content. User Content must not:

• Contain any material which is defamatory of any person, obscene, offensive, hateful, malicious or inflammatory or which promotes violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• Infringe any intellectual property right of any other person;
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• Be threatening, abusive or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
• Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any other person. In the case of product reviews, you may include your first name and location in your review, but should not include any other personal information;
• Be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• Give the impression that it emanates from us, if this is not the case;
• Advocate, promote or assist any illegal activity or unlawful act; or
• Contain any advertising or promote any goods or services or links to other websites.

We will determine, in our discretion, whether there has been a breach of these content standards through your use of our site. When a breach of these content standards has occurred, we may take such action as we deem appropriate and reserve the right to reject publication of any such User Content or delete such User Content from our site. If we reject or remove a product review or any User Content, we may send it back to you with an explanation of why it has been rejected and we may give you the opportunity to edit and resubmit your review, but we are not obliged to publish any review or User Content. Failure to comply with these content standards constitutes a material breach of these Terms of Use. You will be responsible and will compensate us for any loss or damage we suffer as a result of you breaching these content standards.

VIRUSES, HACKING AND OTHER OFFENCES

We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in our site, its entire content, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by us and our licensors. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
These Terms of Use permit you to use our site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our site, except as provided in these Terms of Use. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these Terms of Use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

OUR TRADE MARKS ARE REGISTERED

The word “Nasty Gal” and the logos incorporating this word and/or our other logos displayed on our site are trade marks of Nasty Gal Limited. You are not permitted to use these trade marks without our approval, unless they are part of any material you are using as permitted above. All other names, logos, products and service names, designs, and slogans on our site are the trade marks of their respective owners.

CHANGES TO OUR SITE

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

NO RELIANCE ON INFORMATION

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely and any reliance you place on such information is at your own risk. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

LIMITATION OF OUR LIABILITY IN RESPECT OF YOUR USE OF OUR SITE

Please note that we only provide our site and products for domestic and private use. You agree not to use our site or any of our products for any commercial, business or resale purposes, and we have no liability to you for any loss of any business of yours (including but not limited to loss of profit, loss of business, business interruption, or loss of business opportunity). If you are not a consumer you must obtain our prior written consent to purchase products from our site.
Please note that if you are not a consumer, we:

• Exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it;
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of or inability to use our site, or use of or reliance on any content displayed on our site; and
• We will not be liable for:
• Loss of profits, sales, business, or revenue;
• Business interruption;
• Loss of anticipated savings; • Loss of business opportunity, goodwill or reputation;
• Waste of management or office time;
• Any indirect or consequential loss or damage; or
• Any liability or obligation we may have under any applicable consumer rights laws.

However, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Finally, please be aware that the security of communications sent over the Internet (including by e-mail) is subject to many factors outside of our control. As such, we do not guarantee the security or confidentiality of any electronic communications. In addition, we shall have no liability for your inability to connect to or to access our site which may result from any faults, errors or problems relating to your PC hardware, software, network or security, or your Internet service provider or any other similar problem.

OUR RIGHTS

If we determine, in our discretion, that there has been a breach of these Terms of Use, we may take such action as we deem appropriate, which may include issuing a warning to you, withdrawing your right to use our site, taking legal proceedings against you and/or disclosing such information to law enforcement authorities as we reasonably feel is necessary.

LINKING TO OUR SITE

You may link pages of our site to your personal social media accounts where social media sharing plug-ins are available on our site; however we may withdraw such permission at any time and you agree to remove any link where we request that you do so. Any other linking to our site is prohibited without our prior written consent. You must not establish a link to our site:
• In a way that is not fair or legal or which damages our reputation or takes advantage of it; • In such a way as to suggest any form of association, approval or endorsement on our part where none exists; • On a website that is not owned by you; or • In any website that includes unlawful or fraudulent content, has any unlawful or fraudulent purpose or effect or breaches the content standards set out above.

You must not frame our site on any other site or create a link to any part of our site other than the home page without our prior written consent. We reserve the right to withdraw linking permission without notice. If you wish to make any use of content on our site other than permitted in these Terms of Use, please contact customerservices@nastygal.com

THIRD PARTY LINKS AND RESOURCES IN OUR SITE

Where our site contains links to other sites and resources provided by third parties (including where our social media sharing plug-ins include links to third party sites), these links are provided for your information only. Such links should not be interpreted as endorsement by us of those linked websites or any information or products contained on them. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

TERMINATION

We reserve the right in our sole discretion, to restrict, suspend, or terminate your use or access to any of our site and/or discontinue any portion, feature, or content of our site or this Terms of Use at any time and for any reason without prior notice or liability. When reasonably feasible in our sole discretion, we will make reasonable efforts to provide notice of significant changes to our site. All provisions of the Terms of Use as to limitation and disclaimer of warranties, limitation of liability, Nasty Gal Limited’s ownership rights and your representations and indemnities shall survive termination.

WAVER AND SEVERABILITY

No waiver by Nasty Gal Limited of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Nasty Gal Limited to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

The Terms of Use, our Privacy Notice, any documents they incorporate by reference, and any additional terms you agree to in connection with our site constitute the sole and entire agreement between you and Nasty Gal Limited regarding our site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding our site.

APPLICABLE LAW

Please note that these Terms of Use or any dispute or claim arising out of or in connection with them or use of our site (whether or not contractual) shall be governed by English law. If you are a consumer, your use of our site will be governed by English law, except that if you are not resident in England then English law shall apply only to the extent that it does not override any mandatory laws of the country in which you have your usual place of residence. If you are a consumer, you and we both agree that the courts of England and Wales shall have non-exclusive jurisdiction over any dispute or claim arising from, or related to, these Terms of Use or use of our site (including non-contractual disputes or claims), save that nothing shall limit your legal rights to bring actions against us or to require proceedings to take place in the place of your residence. If you are a business or are using our site for business purposes, you and we both irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

CONTACT US

If you wish to contact us in respect of our site, please contact us at customerservices@nastygal.com. Thank you for visiting our site.

We're bummed things didn't work out for you, but here's the good news: you get 45 days to return your items starting from the day you receive your order.

Here's the fine print. All original tags must be attached. For hygiene reasons, pierced jewellery is non-refundable, and we ask that you try on swimwear and lingerie over your own underwear and keep the seal intact.

Where we suspect fraudulent activity, including but not limited to circumstances where there are suspicious claims relating to orders having been placed, but not received, or if we suspect that you are returning items after they have been used or worn, or items returned do not match what you ordered, we reserve the right to withhold refunds and block your account (and any associated accounts) from placing orders in future. If this happens to you and you think we’ve made a mistake, you can Contact Us and we will discuss the matter with you further.

Received a faulty item? We’re really sorry to hear that you’ve received an item that’s not in perfect condition. So that we can get this fixed for you please go to our 'Contact Us' form, to help us get this fixed for you ASAP, when you first contact us please include the following information; Your Name, Order Number, Product Name and Code, Picture of the fault and a Description of the fault. The product name and code can be found on your order confirmation email. If you contact us via the 'Contact Us' form please have an image of the faulty item ready for when you receive a reply as you won’t be able to attach the image on the form just yet.

Introduction

Nasty Gal is operated by Prettylittlething.com Limited (“PLT”). Here at PLT we are committed to protecting and respecting the privacy of your personal data. This privacy notice explains how your data is collected, used, transferred and disclosed by PLT. It applies to data collected when you use our websites, iOS and android applications, when you interact with us through social media, email, or phone, or when you participate in our competitions or events. It covers:

• The personal data we collect
• How we collect your data
• How we use your data
• Marketing preferences, adverts and cookies
• Links to other websites and third parties
• How we share your data
• Your rights
• Changes to this privacy notice
• How to contact us

Who is Nasty Gal

Nasty Gal was founded by Sophia Amoruso 15 years ago in a tiny San Francisco apartment stacked with killer vintage discoveries, a single laptop, and an eBay account. Today, Nasty Gal is a bold and distinctive brand for fashion-forward, free-thinking young women, and is recognized as a pioneer in both the curation and design of limited edition women's clothing, shoes, and accessories. The company has a global presence in 180 countries and a social media following of over 7.37 million. The Boohoo group acquired Nasty Gal in February 2017, adding to their existing portfolio of fashion brands: boohooMAN and PLT.

Our commitment to you

We take the protection of your personal data seriously and will process your personal data fairly, lawfully and transparently. This privacy notice describes the personal data we are collecting about you and how it is used

We will only collect and use your personal data for the following purposes, to:

• fulfil your order(s)
• fulfil orders made on your behalf (e.g., e-gift card orders)
• communicate with you following a "refer a friend" nomination
• keep you up to date with the latest offers and trends and to provide you with information about your account and orders
• give you a better shopping experience
• help us to make our marketing more relevant to you and your interests
• improve our products and services
• meet our legal responsibilities
• provide and personalize our website and applications
• support, develop, troubleshoot, and debug our website and applications
• provide you with information, products, or services that you request from us
• create, maintain, customize, and secure your account with us
• help maintain the safety, security, and integrity of our websites, applications, products and services, databases and other technology assets, and business, including to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
• debug to identify and repair errors that impair existing intended functionality in our websites or applications
• internally test, research, analyze, and develop our products and services, including to develop and improve our websites and applications, and to develop, improve, or demonstrate our products and services
• carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including our terms of use or terms of sale
• fulfill any other purpose for which you provide it.

We will also use your personal information in any other way we may describe when you provide the information or for any other purpose with your consent.

How we keep your data safe and secure

We have appropriate organisational safeguards and security measures in place to protect your data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. The communication between your browser and our website uses a secure encrypted connection wherever your personal data is involved. We require any third party who is contracted to process your personal data on our behalf to have security measures in place to protect your data and to treat such data in accordance with the law. In the unfortunate event of a personal data breach, we will notify you and any applicable regulator when we are legally required to do so.

The personal data we collect

Personal data means any information about an individual from which that person can be identified. It does not include anonymised data, where the identity and identifying information has been removed. While our website is designed for a general audience, we will not knowingly collect any data from children under the age of 13 or sell products to children. If you are under the age of 13, you are not permitted to use or submit your data to the website. The following groups of personal data are collected:

• Identity Data includes information such as: first name, last name, title, date of birth (optional), occupation, personal description, photo and gender.
• Contact Data includes information such as: email address, billing address, delivery address, location, country, telephone number, loyalty programme membership number, and social media id (if you log in by social media).
• Financial Data includes information such as: payment card details and bank account.
• Transaction Data includes information such as: details of your purchases and the fulfilment of your orders (such as basket number, order number, subtotal, title, currency, discounts, shipping, number of items, product number, single item price, category, tax etc.); payments to and from you and details of other products and services you have obtained from us, correspondence or communications with you in respect of your orders, and details of any rewards and bonuses awarded.
• Technical Data includes information such as: details of the device(s) you use to access our services, your internet protocol (IP) address, login data, your username and password, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform.
• Profile Data includes information such as: purchases or orders made by you, product and style interests, preferences, feedback, and survey responses.

• Usage Data includes information such as: how and when you use our website/app, how you moved around it, what you searched for; website/app performance statistics, traffic, location, weblogs and other communication data; loyalty programme activities; and details of any other Nasty Gal or PLT products and services used by you.
• Marketing and Communications Data includes information such as: your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

How we collect your data

We may collect personal data about you in the following ways:

• Direct interactions – you may give us your Identity, Contact, Financial, Transaction, Profile, and Marketing and Communications data (as described above) by filling in forms, entering information online or by corresponding with us by post, phone, email, telephone or otherwise. This includes personal data you provide, for example, when you:
  
  
  • Create an account or purchase products on our website;
  • Subscribe to our newsletter, discussion boards, social media sites or create wish lists;
  • Enter a competition;
  • Join a Nasty Gal or PLT loyalty programme;
  • Complete a voluntary market research survey;
  • Contact us with an enquiry or to report a problem (by phone, email, social media, or messaging service);
  • Use the “refer a friend” function on our website; or
  • When you log in to our website via social media.

• Automated technologies or interactions – as you interact with our website, we may automatically collect the following types of data (all as described above): Technical Data about your equipment, Usage Data about your browsing actions and patterns, and Contact Data where tasks carried out via our website remain uncompleted, such as incomplete orders or abandoned baskets. We collect this data by using cookies, server logs and other similar technologies. Please see our Cookie Policy for further details.

• Third parties – we may receive personal data about you from various third parties, including:
  
  
  • Identity and Contact data from another individual when they purchase an e-gift card for you or use the "refer a friend" function on our website.
  • Technical Data from third parties, including analytics providers such as Google. Please see further information in the section entitled ‘Marketing preferences, adverts and cookies’.
  • Technical Data from affiliate networks through whom you have accessed our website;
  • Identity and Contact Data from social media platforms when you log in to our website using such social media platforms;
  • Identity and Contact data from third parties, including organisations (including law enforcement agencies), associations and groups, who share data for the purposes of fraud prevention and detection and credit risk reduction; and
  • Contact, Financial and Transaction Data from providers of technical, payment and delivery services.

Marketing preferences, adverts and cookies Marketing - your preferences

We may send you marketing communications and promotional offers:

• if you have opened an account with us or purchased goods from us, or registered for a promotion or event, and you have not opted out of receiving that marketing (in accordance with your preferences, as explained below);
• by email if you have signed up for email newsletters;
• if you have provided us with your details when you entered a competition and you have consented to receiving such marketing (in accordance with your preferences, as explained below).

We may use your Identity, Contact, Technical, Transactional, Usage, Profile Data and Marketing and Communications Data to form a view on what we think you may like, or what may be of interest to you, and to send you details of products and offers which may be relevant for you. We will ask you for your preferences in relation to receiving marketing communications by email, post, SMS and other communication channels. From time to time we may also include with your order, inserts advertising goods, services or offers from other third-party companies that you may be interested in. In respect of third party marketing communications, we will obtain your express opt-in consent before we share your personal data with any third party for marketing purposes. You will always have full control of your marketing preferences. If you do not wish to continue receiving marketing information from us (or any third party, if applicable) at any time:

• you can unsubscribe or ‘opt-out’ by using the unsubscribe button and following the link included in the footer of any marketing email; or
• account holders may withdraw their consent by simply logging in to My Account and editing your ‘Contact Preferences’.

We will process all opt-out requests as soon as possible, but please note that due to the nature of our IT systems and servers it may take a few days for any opt-out request to be implemented.

How we use your data

The legal basis for processing your personal data

We will only collect and process your personal data where we have a legal basis to do so. As a data controller, the legal basis for our collection and use of your personal data varies depending on the manner and purpose for which we collected it.

We will only collect personal data from you when:

• we have your consent to do so, or
• we need your personal data to perform a contract with you. For example, to process a payment from you, fulfil your order or provide customer support connected with an order, or
• the processing is in our legitimate interests and not overridden by your rights, or
• we have a legal obligation to collect or disclose personal data from you.

 

Uses made of your personal data

Your personal data is used by PLT to support a range of different activities. These are listed in the table below together with the types of data used and the legal bases we rely on when processing them, including where appropriate, our legitimate interests. Please be aware that we may process your personal data using more than one lawful basis, depending on the specific activity involved. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity	Type of data	Lawful basis for processing including basis of legitimate interest
To create an account and register you as a new customer (either directly or via social media).	Identity Contact	Consent
(1) To process and deliver your order including: recording your order details; keeping you informed about the order status; process payments and refunds, collect money owed to us; (2) To protect our customers, boohoo group companies and website from fraud and theft, which involves automated decision making to assist such fraud prevention and detection	Identity Contact Financial Transaction	(1) Performance of a contract with you (2) For automated decision making we consider that fraud detection and prevention is in our legitimate interests to ensure that fraudulent transactors are unable to benefit from our services and in the legitimate interest of the public as whole due to the impact of fraud on the consumer market; we also consider it a necessary element of entering into a contract with you that we are able to verify your identity and prevent fraud.
(1) To manage our relationship with you, including: providing you with any information, products and services that you request from us(or that has been requested on your behalf through our "refer a friend" function); (2) notifying you about changes to our services, terms and conditions or privacy notice; asking you to leave a review or take a survey.	Identity Contact Profile Marketing and Communications	(1) Consent (2) Performance of a contract with you
To enable you to take part in a competition, event, survey, or receive a reward for shopping with us.	Identity Contact Profile Usage Marketing and Communications	Where you have decided to enter into a competition or event, for the performance of a contract with you
To administer, protect and improve our business and our website/app, including: troubleshooting, data analysis, testing, system maintenance, support, data analysis, reporting and hosting of data; setting default options for you, such as language and currency.	Identity Contact Profile Technical Transaction Marketing and Communications	Consent
To deliver relevant website content, online advertisements and information for you; and measure the effectiveness of the advertising provided.	Identity Contact Profile Usage Marketing and Communications Technical	Consent
To use data analytics to: improve our website, products, services, marketing, customer relationships and experiences; and for market research, statistical and survey purposes.	Technical Usage	Consent
To recommend products, services discounts and offers that may be of interest to you, including to send you such information by email, post or SMS.	Identity Contact Technical Usage Profile Marketing and Communications	Consent. See further details in the section ‘Marketing preferences, adverts and cookies'
To inform or remind you by email of any task carried out via our website which remains uncompleted, such as incomplete orders or abandoned baskets.	Identity Contact Usage	Consent
To process and deliver your e-gift card orders including taking payment and communicating with you and/or the nominated recipient if delivered to another person.	Identity Contact Financial Transaction	Performance of a contract

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we wish to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. We may process personal data without your consent, in compliance with the above rules, where this is required or permitted by law.

If you have any questions about how PLT use any of your personal data, please contact our Data Protection Officer at DPO@prettylittlething.com.

How long we keep your data for

We will keep your personal data for no longer than is necessary for the purpose(s) it was provided for and to meet our legal obligations. Further details of the periods for which we retain data are available on request. 

Marketing preferences, adverts and cookies

Marketing - your preferences

We may send you marketing communications and promotional offers:

• if you have opened an account with us or purchased goods from us, or registered for a promotion or event, and you have not opted out of receiving that marketing (in accordance with your preferences, as explained below);
• by email if you have signed up for email newsletters;
• if you have provided us with your details when you entered a competition and you have consented to receiving such marketing (in accordance with your preferences, as explained below).

We may use your Identity, Contact, Technical, Transactional, Usage, Profile Data and Marketing and Communications Data to form a view on what we think you may like, or what may be of interest to you, and to send you details of products and offers which may be relevant for you.

We will ask you for your preferences in relation to receiving marketing communications by email, post, SMS and other communication channels.

From time to time we may also include with your order, inserts advertising goods, services or offers from other third-party companies that you may be interested in.

In respect of third party marketing communications, we will obtain your express opt-in consent before we share your personal data with any third party for marketing purposes.

You will always have full control of your marketing preferences. If you do not wish to continue receiving marketing information from us (or any third party, if applicable) at any time:

• you can unsubscribe or ‘opt-out’ by using the unsubscribe button and following the link included in the footer of any marketing email; or
• account holders may withdraw their consent by simply logging in to My Account and editing your ‘Contact Preferences’.

We will process all opt-out requests as soon as possible, but please note that due to the nature of our IT systems and servers it may take a few days for any opt-out request to be implemented.

Cookies

Our website uses cookies to distinguish you from other users of our website and to keep track of your visits. They help us to provide you with the very best experience when you browse our website and to make improvements to our website. They also help us and our advertising networks to make advertising relevant to you and your interests.

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our website may become inaccessible or not function properly.

For detailed information on the cookies which we and our third-party providers use and the reasons why we use them, please refer to our Cookie Policy.

Online ads

We use online advertising to keep you aware of what we’re up to and to help you find our products. Like many companies, we may target Nasty Gal and/or PLT banners and ads to you when you use other websites and apps, based on your Contact, Technical, Usage and Profile Data. We do this using a variety of digital marketing networks and ad exchanges, and a range of advertising technologies such as web beacons, pixels, ad tags, cookies, and mobile identifiers, as well as specific services offered by some sites and social networks, such as Facebook’s Custom Audience Service.

SMS

Cookies enable personalization of your experience on the Messaging Service (e.g. sending you personalized text messages such as shopping cart/browse reminders). No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Our use of analytics and targeted advertising tools

We use a range of analytics and targeted advertising tools to display relevant website content on our website and online advertisements on other websites and apps (as described above) to you, deliver relevant content to you in marketing communications (where applicable), and to measure the effectiveness of the advertising provided. For example, we use tools such as Google Analytics to analyse Google's interest-based advertising data and/or third-party audience data (such as age, marital status, life event, gender and interests) to target and improve our marketing campaigns, marketing strategies and website content. We may also use tools provided by other third parties, such as Facebook, Content Square, Adroll, Bloomreach, Criteo and Bing to perform similar tasks, using your Contact, Technical, Usage and Profile Data.

In order to opt out of targeted advertising you need to disable your ‘cookies’ in your browser settings (see Cookie Policy for details) or opt-out of the relevant third-party Ad Settings. For example, you can opt-out of the Google Display Advertising Features using their . As an added privacy measure, you can also use the .

Google will use data for ad personalisation when a customer provides consent. Please see Google’s Privacy & Terms site which provides further detail as to how google uses your personal data.

The Digital Advertising Alliance (which includes companies such as Google, Bloomreach and Facebook) provides a tool called WebChoices that can perform a quick scan of your computer or mobile devices, find out which participating companies have enabled customised ads for your browser, and adjust your browser preferences accordingly.

If you would like any further information about the data collected by these third parties or the way in which the data is used, please contact us.

Links to other websites and third parties

Our website may include links to and from the websites of our partner networks, advertisers and affiliates, or to social media platforms. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to their websites.

How we share your data

We may disclose and share your personal data with the parties set out below:

• where you have consented for us to do so. For example, if you have consented to receive marketing materials from third parties, or in respect of third parties’ (including co-branded or jointly promoted) products and services, we may pass your data on to the relevant third parties for the purpose of sending you such marketing communications;
• to business partners, suppliers, sub-contractors and other third parties that we use in connection with the running of our business for the purposes set out in the table above in the section ‘How we use your data’, such as:

• third party service providers that we engage to provide IT systems and software, and to host our website; 
• third party payment processing services (including Worldpay, Adyen, Paypal, and in certain regions, Klarna, Laybuy and Clearpay (please see T&C’s of Klarna, Laybuy and Clearpay for more information) to process your payment to us. PLT does not store your payment information. Your payment details are provided to the payment processing service you have selected, who are required to comply with applicable regulations and data protection laws. Please refer to the privacy policy of the relevant provider for details of how they process your personal data;
• services and to provide marketing and advertising services;
• third party service providers that we engage to deliver and process your e-gift card orders and e-gift card payment (including Jigsaw Business Solutions Ltd and Stripe Payments UK Ltd)
• third party service providers that we engage to deliver goods you have ordered and to manage any returns
• third party service providers that we engage to send emails and postal mail on our behalf including in relation to incomplete orders or abandoned baskets, or marketing communications, to provide data cleansing services and to provide marketing and advertising services
• analytics and search engine providers that assist us in the improvement and optimisation of our website;
• affiliate networks through whom you have accessed our website;

• to any third party to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice;
• to protect our customers, boohoo group companies and website from fraud and theft, we may share personal data that is required to make identity checks and personal data that we obtain from making identity checks (including data relating to your age, name and location), together with account information, with other boohoo group companies and with third party organisations (including law enforcement agencies), involved in fraud prevention and detection and credit risk reduction. Please note that the other boohoo group companies and these third parties may retain a record of the information that we provide to them for this purpose;
• we may share your personal data with Ravelin and/or Risk Guardian and/or other fraud prevention and analysis service providers, in order to carry out fraud prevention checks on our behalf. If personal data is provided to Ravelin, Ravelin will also use this personal data to improve its service and machine learning to improve its automated processing. A copy of Ravelin's privacy notice can be found at: https://www.ravelin.com/privacy-policy-new which explains how Ravelin will use your personal data for these purposes;
• we may further share personal data that is required to make identity checks and personal data that we obtain from making identity checks (including data relating to your age, name and location), together with account information, with organisations (including law enforcement agencies), involved in fraud prevention and detection and credit risk reduction. Please note that these third parties may retain a record of the information that we provide to them for this purpose;
• if we are under a duty to disclose or share your personal data in order to comply with any legal obligation; or
• to our professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.

Worldpay

Worldpay are the data controller in respect of the Personal Information that you give to them (and which they hold about you) when you sign up for, access, or use services, features, technologies or functions offered on the Worldpay website (including when using Worldpay to pay for goods or services offered on the Nasty Gal website) and in relation to Personal Information collected during the course of business as set out in their Privacy Policy which can be found on their website at https://www.worldpay.com/

Do Not Track Signals

We also may use automated data collection technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. At this time, we do not honor such signals and we do not modify what information we collect or how we use that information based upon whether such a signal is broadcast or received by us.

Accessing, Correcting, and Deleting Your Personal Data

You can review and change your personal data by logging into your account and visiting your account profile page. You may also send us an email at DPO@prettylittlething.com to request access to, correct or delete any personal data that you have provided to us. We cannot delete your personal data except by also deleting your user account. We may not accommodate a request to change or delete your personal data if we believe the change or deletion would violate any law or legal requirement or cause the information to be incorrect.

Jurisdiction-Specific Privacy Rights

The law in some jurisdictions may provide you with additional rights regarding our use of personal data. To learn more about any additional rights that may be applicable to you as a resident of one of these jurisdictions, please see the privacy addendum for your state that is attached to this privacy notice.

Use of Chat Transcripts

We use transcriptions we record and retain from your chat session to provide you with support and respond to your inquiries, and to help develop and improve our products and services. Our chat service may be provided by a third-party service, however we do not control these third parties’ technology. If you have questions about the use of the chat service, you should contact the chat provider directly. Your chat transcript will be made available to you and we may also share for the above purposes with our subsidiaries and affiliates, and with contractors, service providers, and other third parties we use to support our business..

Your California Privacy Rights

If you are a resident of California, you have the additional rights described in the Privacy Notice Addendum for California Residents.

Your GDPR Privacy Rights

If you are a resident of the European Economic Area, Switzerland, or the United Kingdom, you have the additional rights described in our GDPR Privacy Addendum.

Changes to this privacy notice

From time to time we may change this privacy notice. If there are any significant changes we will post updates on our website, applications or let you know by email.

How to contact us

We welcome feedback and are happy to answer any questions you may have about your data.

Please send any questions, comments or requests for more information to our nominated representative and Data Protection Officer, who can be contacted at DPO@prettylittlething.com..

This privacy notice was last updated on 31 May 2024.

prettylittlething Limited,

Registered Company Number: 7352417,

UK VAT Number: 100 5694 47.

GDPR PRIVACY ADDENDUM

This GDPR Privacy Addendum (the “GDPR Privacy Addendum”) supplements the information contained in our privacy notice and applies solely to customers and users of our websites, iOS and android applications, individuals who interact with us through social media, email, or phone, and individuals that participate in our competition and events that are located in the European Economic Area, the United Kingdom, or Switzerland. We adopt this GDPR Privacy Addendum to comply with the European Union’s General Data Protection Regulation, and any laws implementing the foregoing by any member states of the European Economic Area, the United Kingdom (including the UK Data Protection Act and the UK-GDPR), and or Switzerland (collectively, the “GDPR”). Unless otherwise defined in this GDPR Privacy Addendum, any terms defined in the GDPR or our privacy notice have the same meaning when used in this GDPR Privacy Addendum. When this GDPR Privacy Addendum is applicable to you, it takes precedence over anything contradictory in our privacy notice.

Data Controller and Data Protection Officer

PrettyLittleThing.com Limited (registered number: 7352417) of 49-51 Dale Street, Manchester, M1 2HF (collectively referred to as “PLT”, “we”, “us” and “our” in this Privacy Notice) is the controller and responsible for your personal data collected through https://www.nastygal.com/ (the “website”). Details of our Data Protection Officer responsible for overseeing questions in relation to this privacy notice and our details are set out in the “How to Contact Us” section at the end of this notice.

Information We Collect About You and How We Collect It

The Personal Data we collect and the ways in which we collect it is described in our privacy notice. The personal data we collect from you is required to enter into a contract with PLT, for PLT to perform under the contract, and to provide you with our products and services. If you refuse to provide such personal data or withdraw your consent to our processing of personal data (when appropriate), then in some cases we may not be able to enter into the contract or fulfill our obligations to you under it.

The legal basis for processing your personal data

We will only collect and process your personal data where we have a legal basis to do so. As a data controller, the legal basis for our collection and use of your personal data varies depending on the manner and purpose for which we collected it.

We will only collect personal data from you when:

• we have your consent to do so, or
• we need your personal data to perform a contract with you. For example, to process a payment from you, fulfil your order or provide customer support connected with an order, or
• the processing is in our legitimate interests and not overridden by your rights, or
• we have a legal obligation to collect or disclose personal data from you.

Uses made of your personal data

Your personal data is used by PLT to support a range of different activities. These are listed in the table below together with the types of data used and the legal bases we rely on when processing them, including where appropriate, our legitimate interests. Please be aware that we may process your personal data using more than one lawful basis, depending on the specific activity involved. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity	Type of data	Lawful basis for processing including basis of legitimate interest
To create an account and register you as a new customer (either directly or via social media).	Identity Contact	Consent
(1) To process and deliver your order including: recording your order details; keeping you informed about the order status; process payments and refunds, collect money owed to us; (2) To protect our customers, boohoo group companies and website from fraud and theft, which involves automated decision making to assist such fraud prevention and detection	Identity Contact Financial Transaction	(1) Performance of a contract with you (2) For automated decision making we consider that fraud detection and prevention is in our legitimate interests to ensure that fraudulent transactors are unable to benefit from our services and in the legitimate interest of the public as whole due to the impact of fraud on the consumer market; we also consider it a necessary element of entering into a contract with you that we are able to verify your identity and prevent fraud.
(1) To manage our relationship with you, including: providing you with any information, products and services that you request from us(or that has been requested on your behalf through our "refer a friend" function); (2) notifying you about changes to our services, terms and conditions or privacy notice; asking you to leave a review or take a survey.	Identity Contact Profile Marketing and Communications	(1) Consent (2) Performance of a contract with you
To enable you to take part in a competition, event, survey, or receive a reward for shopping with us.	Identity Contact Profile Usage Marketing and Communications	Where you have decided to enter into a competition or event, for the performance of a contract with you
To administer, protect and improve our business and our website/app, including: troubleshooting, data analysis, testing, system maintenance, support, data analysis, reporting and hosting of data; setting default options for you, such as language and currency.	Identity Contact Profile Technical Transaction Marketing and Communications	Consent
To deliver relevant website content, online advertisements and information for you; and measure the effectiveness of the advertising provided.	Identity Contact Profile Usage Marketing and Communications Technical	Consent
To use data analytics to: improve our website, products, services, marketing, customer relationships and experiences; and for market research, statistical and survey purposes.	Technical Usage	Consent
To recommend products, services discounts and offers that may be of interest to you, including to send you such information by email, post or SMS.	Identity Contact Technical Usage Profile Marketing and Communications	Consent. See further details in the section ‘Marketing preferences, adverts and cookies'
To inform or remind you by email of any task carried out via our website which remains uncompleted, such as incomplete orders or abandoned baskets.	Identity Contact Usage	Consent
To protect our customers, boohoo group companies and website from fraud and theft	Identity Contact Profile	Necessary for our legitimate interests (to detect and prevent fraud)
To process and deliver your e-gift card orders including taking payment and communicating with you and/or the nominated recipient if delivered to another person.	Identity Contact Financial Transaction	Performance of a contract

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we wish to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. We may process personal data without your consent, in compliance with the above rules, where this is required or permitted by law.

If you have any questions about how PLT use any of your personal data, please contact our Data Protection Officer at DPO@prettylittlething.com.

Your Rights

You have several rights under the data privacy legislation. This includes, under certain circumstances, the right to:

• request access to your personal data
• request correction of your personal data
• request erasure of your personal data
• request restriction of processing of your personal data
• request the transfer of your personal data
• object to processing of your personal data
• request human intervention for automated decision making

  Brief details of each of these rights are set out below. If you wish to exercise any of these rights, please email us at DPO@prettylittlething.com..

Request access to your personal data

You have the right to obtain a copy of the personal data we hold about you and certain information relating to our processing of your personal data.

Request correction of your personal data

You are entitled to have your personal data corrected if it is inaccurate or incomplete. You can update your personal data at any time by logging into your account and updating your details directly, or by emailing us at DPO@prettylittlething.com.

Request erasure of your personal data

This enables you to request that PLT delete your personal data, where there is no good reason for us continuing to process it. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Request restriction of processing of your personal data

You have a right to ask PLT to suspend the processing of your personal data in certain scenarios, for example if you want us to establish the accuracy of the data, or you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it. Where processing is restricted, we are allowed to retain sufficient information about you to ensure that the restriction is respected in future.

Request the transfer of your personal data

You have the right to obtain a digital copy of your personal data or request the transfer of your personal data to another company. Please note though that this right only applies to automated data which you initially provided consent for us to use or where we used the data to perform a contract with you.

Object to processing of your personal data

You have the right to object to the processing of your personal data where we believe we have a legitimate interest in processing it (as explained above). You also have the right to object to our processing of your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your data which override your rights and freedoms.

Request human intervention for automated decision making and profiling

You have the right to request human intervention where we are carrying out automated decision making when processing your personal data. This form of processing is permitted where it is necessary as part of our contract with you, providing that appropriate safeguards are in place or your explicit consent has been obtained.

We will try to respond to all legitimate requests within one month. Occasionally, it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated. We may need to request specific information from you to help us confirm your identity and ensure your right to exercise any of the above rights. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.

Right to lodge a complaint

If you have any concerns or complaints regarding the way in which we process your data, please email us directly at DPO@prettylittlething.com. You also have the right to make a complaint to the ICO (the data protection regulator in the UK) or (if you are located in the European Union) any other competent supervisory authority in your country of residence (a list of supervisory authorities can be found here: https://edpb.europa.eu/about-edpb/about-edpb/members_en). We would, however, appreciate the chance to deal with your concerns before you approach the ICO or any other supervisory authority, so please do contact us in the first instance.

Your data and countries outside of Europe

The personal data we collect from you may be transferred to, and stored at, destinations outside the European Economic Area ("EEA") using legally-provided mechanisms to lawfully transfer data across borders. It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. We will take all steps necessary to ensure that your data is treated securely and in accordance with this privacy notice. Whenever we transfer personal data outside the EEA, we will ensure a similar degree of protection is afforded to it by ensuring appropriate safeguards, as required by law, are in place. This may include using specific contractual clauses approved by the European Commission which give personal data the same protection as it has in Europe. More information about these is available at http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:32010D0087 Please contact us if you want further information on the countries to which we may transfer personal data and the specific mechanism used by us when transferring your personal data outside the EEA.

How long we keep your data for

We will keep your personal data for no longer than is necessary for the purpose(s) it was provided for and to meet our legal obligations. Further details of the periods for which we retain data are available on request.

Changes to this GDPR Addendum

From time to time we may change this GDPR Addendum. If there are any significant changes we will post updates on our website, applications or let you know by email.

How to contact us

We welcome feedback and are happy to answer any questions you may have about your data.

Please send any questions, comments or requests for more information to our nominated representative and Data Protection Officer, who can be contacted at DPO@prettylittlething.com..

This privacy notice was last updated on 1st January 2023 (Version v1.11)

To contact us:

In The United Kingdom: prettylittlething.com Limited, 49-51 Dale Street, Manchester M1 2HF Registered Company Number: 7352417, UK VAT Number: 100 5694 47.

In the European Union: eudataprotection@boohoo.com

Privacy Notice Addendum for California Residents

Effective Date: 1st January 2023

Last Reviewed on: 1st January 2023

This Privacy Notice Addendum for California Residents (the “California Privacy Addendum”) supplements the information contained in PLT’s privacy notice and describes our collection and use of Personal Information (as defined below). This California Privacy Addendum applies solely to all visitors, users, and others who reside in the State of California (“Consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act of 2020 (collectively, the “CPRA”) and any terms defined in the CPRA have the same meaning when used in this notice.

Scope of this California Privacy Addendum

This California Privacy Addendum applies to information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your device (“Personal Information”) that we collect when you use our websites, iOS and android applications, when you interact with us through social media, email, or phone, or when you participate in our competitions or events. It also applies to your Personal Information to the extent that someone has nominated you through our "refer a friend" function or purchased an e-gift card on your behalf. However, publicly available information that we collect from government records and deidentified or aggregated information (when deidentified or aggregated as described in the CPRA) are not considered Personal Information and this California Privacy Addendum does not apply.

This California Privacy Addendum does not apply to employment-related Personal Information collected from our California-based employees, job applicants, contractors, or similar individuals (“Personnel”). Please contact your local human resources department if you are part of our California Personnel and would like additional information about how we process your Personal Information.

Information We Collect About You and How We Collect It

PLT collects, and over the prior twelve (12) months have collected, the following categories of Personal Information about Consumers:

Personal Information Category	Sold or Shared	Categories of Third Parties To Whom Your Personal Information is Sold or Shared
A. Identifiers.	Sold and Shared	Business partners, Internet cookie information recipients, such as analytics and behavioral advertising services.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	Shared	Business partners
C. Protected classification characteristics under California or federal law.	Shared	Business partners
D. Commercial information.	Shared	Business partners
F. Internet or other similar network activity.	Sold and Shared	Advertisers and advertising networks, Internet cookie information recipients, such as analytics and behavioral advertising services.
G. Geolocation data.	No	N/A
H. Sensory data.	No	N/A
K. Inferences drawn from other Personal Information.	Shared	Business partners

PLT will not collect additional categories of Personal Information without providing you notice.

Sources of Personal Information

We collect Personal Information about you from the sources described in our privacy notice.

Purposes for Our Collection of Your Personal Information

Through the use of cookies on our websites and applications, we may use, “sell” for monetary or other valuable consideration, “share” for the purposes of cross-context behavioral advertising, or disclose the Personal Information we collect and, over the prior twelve (12) months, have used, “sold” for monetary or other valuable consideration, “shared” for the purpose of cross-context behavioral advertising, or disclosed the Personal Information we have collected, for the purposes described in our privacy notice. PLT will not use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Third Parties to Whom Do We Disclose Your Personal Information for Business Purposes

When we disclose Personal Information to non-affiliated third-parties for a business purpose, we enter a contract that describes the purpose, requires the recipient to both keep that Personal Information confidential and not use it for any purpose except for the purposes for which the Personal Information was disclosed and requires the recipient to otherwise comply with the requirements of the CPRA. In the preceding twelve (12) months, PLT has disclosed the following categories of Personal Information for one or more of the business purposes described below to the following categories of third parties

Personal Information Category	Categories of Non-Service Provider and Non-Contractor Third Party Recipients
A. Identifiers.	Advertisers and advertising networks, Service providers, Affiliates, parents, and subsidiary organizations of PLT, Social media companies, Internet cookie information recipients, such as analytics and behavioral advertising services.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	Advertisers and advertising networks, Service providers, Affiliates, parents, and subsidiary organizations of PLT, Social media companies, Internet cookie information recipients, such as analytics and behavioral advertising services.
C. Protected classification characteristics under California or federal law.	Advertisers and advertising networks, Service providers, Affiliates, parents, and subsidiary organizations of PLT, Social media companies, Internet cookie information recipients, such as analytics and behavioral advertising services.
D. Commercial information.	Service providers, Affiliates, parents, and subsidiary organizations of PLT.
F. Internet or other similar network activity.	Service providers, Internet cookie information recipients, such as analytics and behavioral advertising services.
G. Geolocation data.	Service providers, Affiliates, parents, and subsidiary organizations of PLT
H. Sensory data.	Service providers, Affiliates, parents, and subsidiary organizations of PLT
K. Inferences drawn from other Personal Information.	Advertisers and advertising networks, Service providers, Affiliates, parents, and subsidiary organizations of PLT.

Sensitive Personal Information Category	Categories of Third Party Recipients
Complete account access credentials (user names, account numbers, or card numbers combined with required access/security code or password)	Service providers, Affiliates, parents, and subsidiary organizations of PLT
Racial or ethnic origin	Service providers, Affiliates, parents, and subsidiary organizations of PLT

We disclose your Personal Information to the categories of third parties listed above for the following business purposes:

• Helping to ensure security and integrity of our products, services, and IT infrastructure to the extent the use of the Personal Information is reasonably necessary and proportionate for these purposes.
• Debugging to identify and repair errors that impair existing intended functionality.
• Short–term, transient use, including, but not limited to, nonpersonalized advertising shown as part of your current interaction with us. Our agreements with third parties prohibit your Personal Information from disclosure to another third-party and from using your Personal Information to build a profile about the you or otherwise alter your experience outside your current interaction with us.
• Performing services on behalf of us, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of us.
• Providing advertising and marketing services, except for cross-context behavioral advertising, to Consumers.
• Undertaking internal research for technological development and demonstration.
• Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us.

In addition to the above, we may disclose any or all categories of Personal Information to any third-party (including government entities and/or law enforcement entities) as necessary to:

• comply with federal, state, or local laws, or to comply with a court order or subpoena to provide information;
• comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities;
• cooperate with law enforcement agencies concerning conduct or activities that we (or one of our service providers) believe may violate federal, state, or local law;
• comply with certain government agency requests for emergency access to your Personal Information if you are at risk or danger of death or serious physical injury; or
• exercise or defend legal claims.

To Whom Do We Sell or Share Your Personal Information

We do not sell Personal Information as the term “sell” is commonly understood to require an exchange for money. However, the use of advertising and analytics cookies on our Website is considered a “sale” of Personal Information as the term “sale” is broadly defined in the CPRA to include both monetary and other valuable consideration. Our “sale” is limited to our use of third-party advertising and analytics cookies and their use in providing behavioral advertising and their use in understanding how people use and interact with our website(s) and applications. Our “sales” of your Personal Information in this matter is subject to your right to opt-out of those sales (see Your Choices Regarding our “Sale” or “Sharing” of your Personal Information).

“Sharing” of Your Personal Information for Cross-Context Behavioral Advertising

PLT may “share” your Personal Information for the purpose of cross-context behavioral advertising, subject to your right to opt-out of that sharing (see Your Choices Regarding our “Sale” or “Sharing” of your Personal Information). Our “sharing” for the purpose of cross-context behavioral advertising would be limited to our use of third-party advertising cookies and their use in providing you cross-context behavioral advertising (i.e., advertising on other websites or in other mediums). When the recipients of your Personal Information disclosed for the purpose of cross-context behavioral advertising are also permitted to use your Personal Information to provide advertising to others, we also consider this disclosure as a “sale” for monetary or other valuable consideration under the CPRA.

In the preceding twelve (12) months, PLT has “sold” for monetary or other valuable consideration, or “shared” for the purpose of cross-context behavioral advertising, the following categories of Personal Information to the following categories of third parties:

Personal Information Category	Sold or Shared	Categories of Third Parties To Whom Your Personal Information is Sold or Shared
A. Identifiers.	Sold and Shared	Business partners, Internet cookie information recipients, such as analytics and behavioral advertising services.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	Shared	Business partners
C. Protected classification characteristics under California or federal law.	Shared	Business partners
D. Commercial information.	Shared	Business partners
F. Internet or other similar network activity.	Sold and Shared	Advertisers and advertising networks, Internet cookie information recipients, such as analytics and behavioral advertising services.
G. Geolocation data.	No	N/A
H. Sensory data.	No	N/A
K. Inferences drawn from other Personal Information.	Shared	Business partners

Your Personal Information may be “sold” or “shared” as described above for the following business or commercial purposes:

• To market their goods and services to you
To provide us with cross-context behavioral advertising on other websites and platforms
• To provide us with analytics services for our websites and applications

Sale of Personal Information of Minors Under the Age of 16

We do not “sell” the Personal Information of minors under the age of 16 for monetary or other valuable consideration and we do not “share” such Personal Information for cross-context behavioral advertising without affirmative consent as required by the CPRA. More information on how minors under the age of 16 may change their choice regarding the “sale” or “sharing” of their Personal Information can be found in Your Choices Regarding our “Sale” or “Sharing” of Your Personal Information.

Consumer Data Requests

The CPRA provides California residents with specific rights regarding their Personal Information. This section describes your CPRA rights and explains how to exercise those rights. You may exercise these rights yourself or through your Authorized Agent. For more information on how you or your Authorized Agent can exercise your rights, please see Exercising Your CPRA Privacy Rights. These rights include the right to:

• Request to know the categories of Personal Information we have collected about you and how we have used it
Request access to your Personal Information.
• Request correction of your Personal Information.
• Request deletion of your Personal Information.

Brief details of each of these rights are set out below. You also have the right to opt-out of our sale or sharing of your personal data, as described further below.

Right to Know.

You have the right to request that PLT disclose certain information to you about our collection and use of your Personal Information over the past 12 months (a “Right to Know” Consumer Request).

Access to Specific Pieces of Information (Data Portability).

You also have the right to request that PLT provide you with a copy of the specific pieces of Personal Information that we have collected about you, including any Personal Information that we have created or otherwise received from a third-party about you (a “Data Portability” Consumer Request).

Correction.

You have the right to request that we correct any incorrect Personal Information about you to ensure that it is complete, accurate, and as current as possible. In addition to other methods you may have to exercise this right as described below, you may review and correct some Personal Information about yourself by logging into your account page and updating your details directly.

Deletion.

You have the right to request that PLT delete any of your Personal Information that we collected from you and retained, subject to certain exceptions.

Exercising Your CPRA Privacy Rights

To exercise the rights described above, please submit a request (a “Consumer Request”) to us by either:

• · Emailing us at DPO@prettylittlething.com
· Writing to us at: Boohoo Group Legal Team, 8431 Melrose Place, Los Angeles, USA

If you fail to make your Consumer Request in accordance with the ways described above, we may either treat your request as if it had been submitted with our methods described above or provide you with information on how to submit the request or remedy any deficiencies with your request. Only you, or your Authorized Agent that you authorize to act on your behalf, may make a Consumer Request related to your Personal Information. To designate an Authorized Agent, see Authorized Agents below.

All Consumer Requests must:

• · Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an Authorized Agent of such a person. This may include:
• · Verifying Personal Information that we may already have about you, such as prior order numbers, address / ZIP code, and other similar information.
• · Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm which Personal Information relates to you or the individual for whom you are making the request as their Authorized Agent. Making a Consumer Request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to Personal Information associated with that specific account. We will only use Personal Information provided in a Consumer Request to verify the requestor’s identity or authority to make the request. For instructions on exercising sale opt-out rights, see Your Choices Regarding our “Sale” or “Sharing” of Your Personal Information.

Authorized Agents

You may authorize your agent to exercise your rights under the CPRA on your behalf by registering your agent with the California Secretary of State or by providing them with power of attorney to exercise your rights in accordance with applicable laws (an “Authorized Agent”). We may request that your Authorized Agent submit proof of identity and that they have been authorized exercise your rights on your behalf. We may deny a request from your Authorized Agent to exercise your rights on your behalf if they fail to submit adequate proof of identity or adequate proof that they have the authority to exercise your rights. In response to a Right to Know or Data Portability Consumer Request, we will provide you with all relevant information we have collected or maintained about you on or after January 1, 2022, unless an exception applies. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For Data Portability Consumer Request, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, such as CSV file(s) and/or PDF file(s). We do not charge a fee to process or respond to your Consumer Request unless it is excessive, repetitive, or manifestly unfounded. We reserve the right to consider more than two (2) total Right to Know or Data Portability Consumer Requests (or combination of the two) in a twelve (12) month period to be repetitive and/or excessive and require a fee. If we determine that your Consumer Request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Your Choices Regarding our “Sale” or “Sharing” of Your Personal Information “Sale” of Your Personal Information

As described above, our use of cookies is considered a “sale” under the CPRA. We do not otherwise sell your Personal Information for monetary consideration. If you are 16 years of age or older, you have the right to direct us to not “sell” your Personal Information for monetary or other valuable consideration at any time (the “right to opt-out”). We do not “sell” the Personal Information of Consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the Consumer who is between 13 and 16 years of age, or the parent or guardian of a Consumer less than 13 years of age. Consumers who opt-in to Personal Information “sales” may opt-out of future “sales” at any time.

“Sharing” of Your Personal Information

If you are 16 years of age or older, you have the right to direct us to not share your Personal Information for the purposes of cross-context behavioral advertising, which is showing advertising on other websites or other media based on your browsing history with our websites and applications (the “right to opt-out”). We do not share the Personal Information of Consumers we actually know are less than 16 years of age for this purpose, unless we receive affirmative authorization from either the Consumer who is between 13 and 16 years of age, or the parent or guardian of a Consumer less than 13 years of age. Consumers who opt-in to our sharing of Personal Information for these purposes may opt-out of future such sharing at any time.

How You May Opt-Out of Our Sale or Sharing of Your Personal Information

To exercise the right to opt-out of the “sale” and the “sharing” your Personal Information for the purposes of cross-context behavioral advertising, you may do so by any of the following: clicking the link below, adjusting your cookie preferences, or by configuring your browser to send us a privacy signal as described in more detail below. You may also opt-out of such “sales” and “sharing” by setting your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. However, if you do not consent to our use of cookies or select this setting you may be unable to access certain parts of our websites or applications or other websites. You can find more information about cookies at http://www.allaboutcookies.org and http://youronlinechoices.eu.

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize Personal Information sales. However, you may change your mind and opt back into the sale of Personal Information at any time by:

• If you have opted out of the sale or sharing of your Personal Information through cookies by adjusting your cookie preferences or by following the above link, you may simply re-adjust your cookie preferences.
• If you have opted out of the sale or sharing of your Personal Information through the use of a browser privacy control signal, you may turn off the signal and re-adjust your cookie preferences.

If you (or your Authorized Agent) submit a request to opt-in to our “sale” or “sharing” of your Personal Information, we will use a two-step process in order to confirm that you want to opt-in for such “sale” or “sharing” of your Personal Information. This may include confirming your choice by a popup box or other requirement to confirm your new choice.

Browser Privacy Control Signals

You may also exercise your right to opt-out of the “sale” of your Personal Information for monetary or other valuable consideration and the “sharing” of your Personal Information for the purposes of cross-context behavioral advertising by setting the privacy control signal on your browser, if your browser supports it. We currently recognize and support the following privacy signals sent by browsers:

Global privacy control (for more information on how to configure your browser to send this signal, please see https://globalprivacycontrol.org/).

When we receive one of these privacy control signals, we will opt you out of any further “sales” or “sharing” of your Personal Information when you interact with our websites or applications through that browser and on that device. We will only be able to propagate your choice to opt-out to your account if you are currently logged in when we receive the privacy control signal from your browser. When we are able to propagate your choice to your account, you will be opted out of “sale” or “sharing” of your Personal Information on all browsers and devices on which you are logged in, and for both online and offline “sales” and “sharing.”

Your Choices Regarding our Use and Disclosure of Your Sensitive Personal Information

As further described below, we do not use or disclose your Sensitive Personal Information for any purpose other than the following:

• To perform the services or provide the goods reasonably expected by an average Consumer who requests such goods or services;
• To detect security incidents that compromise the availability, authenticity, integrity, and confidentiality of stored or transmitted Personal Information, provided that our use of your Personal Information is reasonably necessary and proportionate for such purposes;
• To resist malicious, deceptive, fraudulent, or illegal actions directed at PLT and to prosecute those responsible for those actions, provided that our use of your Personal Information is reasonably necessary and proportionate for this purpose;
• To ensure the safety of natural persons, provided that our use of your Personal Information is reasonably necessary and proportionate for this purpose;
• For short-term, transient use, including, but not limited to, nonpersonalized advertising shown as part of your current interaction with us, provided that the Personal Information is not disclosed to another third-party and is not used to build a profile about you or otherwise alter your experience outside the current interaction with us;
• To perform services on behalf of us, such as maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of us; and
• To verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured by, manufactured for, or controlled by us.

Financial Incentives

We may offer you certain financial incentives permitted by the CPRA that can result in different prices, rates, or quality levels. Any CPRA-permitted financial incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time. We may offer you certain financial incentives permitted by the CPRA that can result in different prices, rates, or quality levels. Any CPRA-permitted financial incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

In determining the value of your Personal Information we collect as part of your participation in our financial incentives, we consider:

the revenue generated by PLT of the sale, collection, or deletion of your Personal Information, which we have calculated to be $20.97 .

Personal Information Retention Periods

We will keep your Personal Information for no longer than is necessary for the purpose(s) it was provided for and to meet our legal obligations. Further details of the periods for which we retain Personal Information are available on request.

Other California Privacy Rights

California Civil Code Section 1798.83 (California’s “Shine the Light” law) permits users of our websites that are California residents and who provide Personal Information in obtaining products and services for personal, family, or household use to request certain information regarding our disclosure of Personal Information to third parties for their own direct marketing purposes. If applicable, this information would include the categories of Personal Information and the names and addresses of those businesses with which we shared your Personal Information with for the immediately prior calendar year (e.g., requests made in 2023 will receive information regarding such activities in 2022). You may request this information once per calendar year. To make such a request, please send an email to DPO@prettylittlething.com.

Changes to This CPRA Privacy Addendum

PLT reserves the right to amend this California Privacy Addendum at our discretion and at any time. When we make changes to this California Privacy Addendum, we will post the updated addendum on the website and update the addendum’s effective date. If there are any significant changes we will post updates on our website, applications or let you know by email. Your continued use of our website following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this California Privacy Addendum, the ways in which PLT collects and uses your information described in this California Privacy Addendum, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us through our Data Protection Officer at DPO@prettylittlething.com.