Five Below Privacy Policy

This Privacy Policy describes how Five Below, Inc. (“Five Below,” ““we“,” ““our“,” or ““us“”) collects, uses, shares, or otherwise processes information about you, including why we process your Personal Information and your choices with respect to your Personal Information. This Privacy Policy applies to your use of our website and mobile application (“App”) and all features, content, and other services that we own, control, and make available through our website or App (collectively, the “Service”) regardless of how you access the Service.

By using the Service, you agree to our activities as described in this Privacy Policy (and in any additional privacy statements that may be applicable to the Service), and consent to our Terms of Use https://www.fivebelow.com/term. If you do not agree, please discontinue your use of the Service.

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1. Personal Information We Collect

“Personal Information“ is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to you. Personal Information does not include information that is publicly available, de-identified, or aggregated. We collect your Personal Information in multiple ways, including when you directly provide it to us and by using certain technologies that collect it through our website and App.

Personal Information You Provide to Us

We collect Personal Information you provide to us via the Service. For example, we collect Personal Information when you register for an account, purchase products (including when you check out as a guest), sign up for our emails or text messages, complete a survey, interact with us on social media, participate in an online promotion, apply for a job, and contact customer relations.

Personal Information We Collect Through Tracking Technologies

We, and our “Partners” – the vendors, service providers, and other third parties we choose to work with – may collect certain information about you when you use the Service (“Usage Information”). This Usage Information may include your IP address; device identifier; advertising identifier; browser type; operating system details; and information about your use of the Service, such as the time and duration of your visit and how you arrived at and used our Service.

The methods that we and our Partners may use to collect Usage Information include cookies, web beacons (also known as tracking pixels), embedded scripts, and other tracking technologies (collectively, “Tracking Technologies”) to collect information about your interactions with our Service or the emails we send you, including information about your browsing and purchasing behavior. These Tracking Technologies may include:

• Cookies: A cookie is a small text file that a website transfers to your device through a web browser that enable the website’s or a third party’s systems to recognize your device and capture and remember certain information. In general, we use cookies and other Tracking Technologies as follows:
  • Where necessary to run our website
  • To optimize the functionality of our website
  • For analytics purposes
  • For purposes of ad targeting and marketing

Cookies vary in how long they last. “Session cookies” terminate shortly after you terminate your internet session. “Persistent cookies” are stored on your device until a set expiration date. We use both session cookies and persistent cookies on our website.

You may be able to set your browser to block or refuse cookies, but some portions of our Service may not work properly if you refuse cookies. Also, disabling cookies may disable opt-out preferences you may have entered on our website as we use cookies to identify devices that have opted out.

• Web Beacons (Tracking Pixels): Web beacons are small graphic images embedded in web pages or email messages. Web beacons may be used to count the number of visitors to our Service, to monitor how users navigate our Service, and to count content views.

• Embedded Scripts: An embedded script is programming code designed to collect information about your interactions with our Service. It is temporarily downloaded onto your computer from our web server or the web server of one of our Partners, is active only while you are connected to our Service, and then deleted or deactivated thereafter.

• Device Recognition Technologies: These technologies, including the application of statistical probability to data sets as well as linking a common unique identifier to different device use (for example, Facebook ID), attempt to recognize or make assumptions about users and devices (for example, that a user of multiple devices is the same user or household).

Our Tracking Technologies and your choices about them are further explained in “Analytics Services, Advertising, and Online Tracking” at Section 6 and “Your Choices” at Section 7 below, so that you can better understand these technologies and make meaningful decisions about how you want them used to collect your Usage Information.

Information We Collect About Your Location

Our Service may access and collect your geolocation information to facilitate our provision of the Service, such as to provide you with information about stores near you or in connection with product delivery. We also may use information about the location of the device you are using to help us understand how our Service is being used and to deliver more relevant advertising. For most mobile devices and computers, you are able to block access to your location through your device or web-browser settings. If you download or use our App, and you agree to share your location information with us and to receive push notifications from us, we will be able to use your location information to send you customized notices, offers, and coupons.

Personal Information from Other Sources

We may also obtain Personal Information about you from other sources and combine that with information we collect directly about you. For example, we may obtain your Personal Information when someone purchases a gift for you or refers our Services to you. Under some circumstances, we may obtain Personal Information from other businesses that sell or otherwise make available such information. When submitting information to another company, website, app, or service, you are subject to their terms of use and privacy policies.

2. Use of Personal Information

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We may use your Personal Information for any purposes consistent with our statements in this Privacy Policy or as allowed by applicable law, including the following examples:

Product and Service Fulfillment

• Fulfill and manage purchases, orders, and returns/exchanges
• Respond to requests for information about our products and services
• Connect with you regarding customer service
• Administer sweepstakes and contests

Marketing Purposes

• Deliver coupons, digital receipts, emails, mobile messages, and social media notifications
• Provide interactive features, such as product reviews, marketing communications, and other information regarding products, services, and promotions
• Administer promotions, sweepstakes, contests, surveys, and focus groups
• Show you advertisements and communicate with you regarding our products, services, offers, promotions, rewards, and events, and those of others, that we think you might be interested in (for information about how to manage these communications, see “Your Choices” at Section 7

Operations

• Improve the effectiveness of our Service, stores, products, and marketing efforts
• Conduct research and analysis, including focus groups and surveys
• Complete other business activities as needed
• Send you technical notices, updates, security alerts, and support and administrative messages
• Register and service your account
• Facilitate and personalize your online experience
• Process employment applications
• Legal compliance and fraud prevention
• Prevent fraudulent transactions, monitor against theft, and otherwise protect our guests and our business (for example, by informing you of product recalls) Assist law enforcement or respond to legal/regulatory inquiries

3. Disclosures of Personal Information

Any of the categories of Personal Information we collect may be disclosed to our Partners in connection with their work on our behalf relating to any of the purposes for which we collect Personal Information. The purposes for which we disclose your Personal Information include:

• To provide you with products and our Service, such as when we use a customer relations vendor to respond to your inquiries, a developer to improve our App, or payment processor to complete your purchases and process payments, including certain stored tokenized payment card information for future transactions
• For marketing and advertising
• For analytics, and to improve our Service, products, advertising, and marketing
• To protect rights, property, life, health, security, and safety
• To negotiate or complete any proposed or actual merger, purchase, sale, or any other type of acquisition or other transaction, including a transfer of all or a portion of our business to another company
• To comply with the law, law enforcement, other legal process, or in response to a government request
• For any purpose disclosed elsewhere in this Privacy Policy or at the time we collected your Personal Information
• For any other purpose consistent with our statements in this Privacy Policy or allowed by applicable law
• With your consent or at your direction

4. Sweepstakes, Contests, and Promotions

We may offer sweepstakes, contests, surveys, and other promotions (each, a “Promotion”), including jointly sponsored Promotions, which may require submitting Personal Information. If you voluntarily choose to enter a Promotion, your Personal Information may be disclosed to others, such as for administrative purposes and as required by law (for example, for inclusion on a winners list). In addition, by entering, you agree to the official rules that govern that Promotion and may, except where prohibited by applicable law, allow us, the sponsor(s), or others to use your name, voice, or likeness in advertising or marketing materials.

5. Unaffiliated Services and Social Features

Our Service may include hyperlinks to websites, platforms, applications, or other services operated by other parties (“Unaffiliated Service(s)”). These Unaffiliated Services may use their own Tracking Technologies to collect information about you and may solicit Personal Information from you.

Certain features of our Service permit you to interact with social media networks operated by other parties, for example “liking” or “following” us or our products or logging into our Service using your Facebook or Google account (“Social Features”). If you choose to “like” or share content or post information using Social Features, that information may be publicly displayed, and the party operating the social media platform may receive information about you and your use of our Service. Similarly, if you interact with us through Social Features, we may have access to information about you from the social media platform. In addition, we may track when you like us, follow us, or share our content through Facebook, Twitter, or other social media platforms.

Please note that if you mention Five Below, or comment about or in response to us, in your post on a social media platform, that platform may allow us to publish your post. The information processed by Unaffiliated Services remains subject to their privacy practices. You should review their terms, policies, and settings of these platforms to learn more about their data practices and adjust your own settings accordingly.

6. Analytics Services, Advertising, and Online Tracking

We may use certain third-party web analytics services to help us understand and analyze how visitors use our Service and to serve advertisements on our behalf across the Internet. We may use this information to analyze and track user data, better understand users’ online activities, determine the popularity of certain content or products, and deliver advertising targeted to user interests. Some information about your use of our Service and other websites and services may be collected using Tracking Technologies across time, services, and devices and used to deliver relevant ads to you on our Service or on other websites and services (“Interest-Based Ads”). In addition, we may participate in online advertising networks and exchanges that display relevant ads to our users on and off our Service based on their interests as reflected in profiles we and others create from collected information.

Your browser settings may allow you to transmit a “Do Not Track” signal automatically when you visit various websites or use online services. Like many websites, our Service is not designed to respond to “Do Not Track” signals received from browsers.

7. Your Choices

Updating Your Personal Information

You may correct or update Personal Information you have submitted to us by contacting us at privacy@fivebelow.com. We will make a good faith effort to make the changes in Five Below’s active databases as soon as practicable.

Mobile App

You may be able to enable or disable certain permissions and features by adjusting the permissions on your device. For example, you can opt out of push notifications or of sharing your location information by adjusting your mobile device settings. Changing your device settings may affect your ability to access or use certain features of our App.

If you no longer want to provide us information through our App, you should uninstall the App from your device(s). Note that deleting our App will not delete your user account or any Personal Information we previously collected, nor does it affect our collection of your Personal Information elsewhere (for example, on our website).

If you would like to delete your account, please click here webform, and select “Delete My Account in the App and my Five Below Account.” On an iOS device, you may also initiate an account deletion request from within the App by clicking “help,” then select “account deletion.”

Disabling Tracking Technologies

Commercial browser settings may allow you to disable, remove, or block certain Tracking Technologies. Browsers offer different features and options, so you will need to set them separately. Please be aware that if you disable or remove Tracking Technologies some parts of our Service may not work and, when you revisit the Service, your ability to limit browser-based Tracking Technologies will be subject to your browser settings and limitations at the time of your visit to the Service.

Analytics Services and Interest-Based Ads

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Five Below may use Google Analytics or other chosen Partners for analytics services. We have implemented Google Analytics Advertising Features, such as advertising reporting and personalization. We and our Partners may use first-party cookies or identifiers as well as third-party cookies or identifiers to analyze how our visitors use our Service and to understand user behaviors or preferences. For example, we may use information about how visitors search for and find products to better organize and present product offerings in our stores or online. We leverage these analytics to obtain data about Service traffic and interactions, identify trends, and obtain statistics so that we can improve our Service and better market our products.

For more information about how Google Analytics uses the data it collects, visit http://www.google.com/policies/privacy/partners. To opt out of Google Analytics cookies, visit https://tools.google.com/dlpage/gaoptout or download the Google Analytics Opt-Out Browser Add-On. To find out more about how third-party analytics services manage the privacy of information in conjunction with delivering Interest-Based Ads online and how to opt out of information collection by these networks, visit http://www.youradchoices.com and http://www.networkadvertising.org.

Advertising cookies collect information to help better tailor ads to your interests. You may choose whether to receive certain Interest-Based Ads by submitting opt-outs. Some of our Partners that perform advertising-related services may participate in the Digital Advertising Alliance’s (DAA) Self-Regulatory Program for Online Behavioral Advertising. To learn more about DAA and how you can exercise certain choices regarding Interest-Based Ads, visit http://www.aboutads.info/choices. Some of these companies may also be members of the Network Advertising Initiative (NAI). To learn more about the NAI and opt-out choices for their members, see http://www.networkadvertising.org/choices. We are not responsible for the effectiveness of any third-party opt-out choices or programs, the accuracy of any statements regarding how the opt-outs work, or how others manage their opt-out processes.

In addition, we may serve ads that are targeted to reach users on other services who are also identified as users of our Service. This is done by matching common factors between our databases and the databases of Unaffiliated Services. We are not responsible for the practices of these Unaffiliated Services or for their failure to comply with opt-out instructions or to provide us with notice of your opt-out choices made using their services.

Communications

You may opt out of receiving promotional emails from us at any time by clicking on the unsubscribe link in our emails or by sending an email to us here with the word UNSUBSCRIBE in the subject field of the email. Please note that your opt-out is limited to the email address used and will not affect subsequent subscriptions or non-promotional communications, such as administrative and service announcements or information about your purchases.

8. Residents of Covered US States

If you are a resident of California, Colorado, Connecticut, Utah, or Virginia, please review our Supplemental US State Privacy Notice for more information about your privacy rights.

Nevada law allows residents to opt out of the sale of certain Personal Information, called “covered information.” Five Below does not sell covered information as defined under Nevada law, and we have no plans to change that practice. If you want to be notified if we begin selling Nevada covered information, please contact us as provided below.

9. Children’s Privacy

Our Service is not intended for children to use, and we do not knowingly collect Personal Information from children. If we learn that we have received Personal Information from a child, we will delete the information in accordance with applicable law.

10. International Users

Five Below is based in the United States. If you are accessing the Service outside of the United States, please be aware that Personal Information collected through the Service may be transferred to, processed in, and stored in the United States. By using the Service and providing your Personal Information, you acknowledge that your Personal Information may be transferred to and processed in jurisdictions other than your own. Data protection laws in the United States are likely to be different from those of your country of residence, and may not provide the same level of protection.

11. Security of Your Personal Information

We take suitable measures in accordance with recommended industry standards and best practices to help protect your Personal Information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. Nevertheless, transmission via the Internet is not completely secure, and we cannot guarantee the security of your information collected through the Service.

12. Our Retention of Your Personal Information

We retain your Personal Information for no longer than is necessary to achieve the purposes for which the Personal Information was collected, or as may otherwise be permitted or required under applicable law. To determine an appropriate retention period, we consider the scope and sensitivity of the Personal Information; the potential risk of harm from unauthorized access to, use, or disclosure of the information; the purposes for which we process the information; whether we can achieve our purposes through other means; our business needs; and applicable legal requirements. Unless otherwise required by applicable law, at the end of the retention period, we will either anonymize or securely destroy your Personal Information.

13. Changes to this Privacy Policy

We will revise and reissue this Privacy Policy when our practices change. Your continued use of the Service indicates your consent to the privacy policy posted at the time of your use and our practices described. You are encouraged to review our privacy policy regularly.

14. Contact Us

We aim to be transparent about our privacy practices and our processing of your Personal Information. For any questions about this Privacy Policy, please contact us by email at privacy@fivebelow.com or by postal mail at Five Below, Inc., 701 Market Street, Suite 100, Philadelphia, PA 19106 (Attn: Compliance Department).

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