DXL PRIVACY STATEMENT

Last updated June 2024

Destination XL Group, Inc., including our affiliates and subsidiaries (collectively, "DXL", "we" or "us") recognizes your concerns regarding the collection and use of personal information, and we want our visitors to know that DXL has taken important steps to safeguard your privacy and security.

NOTICE TO OUR CUSTOMERS RESIDING OUTSIDE OF THE US AND INDIVIDUALS RESIDING OUTSIDE THE US, PLEASE READ THIS IMPORTANT NOTICE BEFORE USING THIS SITE.

DXL does not market for direct sale to customers in regions outside of the United States, including in the European Economic Area, the United Kingdom, or Switzerland. Orders shopped on our website or mobile apps that ship to locations outside of the United States may not be purchased directly from DXL but may be purchased through Borderfree, Inc. ("Borderfree"). Any personal information associated with these orders will be received by DXL on behalf of Borderfree. DXL may access personal information controlled by Borderfree to fulfill orders or to help address any issues with your order. If you have questions about Borderfree’s privacy practices, please contact Borderfree (borderfree.com).

If you are a resident of the UK, Switzerland or a country in the EEA and you read this policy, you will read about "cookies". Except for strictly necessary cookies, we will not place cookies without obtaining your consent. You can manage your cookie preferences at the bottom of this website.

FOR U.S. CUSTOMERS

This Privacy Statement describes the personal data collected or processed when you interact with DXL, including through our websites, digital experiences, mobile apps, stores, customer services email and phonelines, online or offline events, participation in promotions, surveys, giveaways and sweepstakes, or one of our other products or services, all of which are part of DXL’s Platform ("Platform"). It also explains the information that we collect about you, why we collect it, how we use it, the instances when we share it with third-parties and the measures we employ to protect such information.

This privacy statement is from:

INFORMATION WE COLLECT

Automatic Information

We automatically create website and mobile application log files, which are created when you access our website and/or mobile apps. In addition, automated data collection technologies—such as cookies, beacons, tags, software development kits (SDK), and scripts—are used by us to analyze trends, administer our Platform, and track users' movements around our websites and mobile apps. We, and our third-party service providers, also use these technologies to gather demographic information about our user base as individuals and in the aggregate.

We may combine information collected automatically from your interactions with our Platform and your activity on third-party sites with other data (including personal information). For further information regarding cookies and how to disable them, refer to "Our Use of Cookies" below. For further information regarding the use of automated information technologies for targeted advertising and how you can opt-out of certain uses of your information, please see the "Targeted Advertising and Marketing Partners" section of this Privacy Statement.

When you visit a store, we may collect video recordings and photographs of you that we use for security, to detect and prevent fraud, prevent product loss or damage, report incidents, and for operational purposes.

Information you give us

Whenever you shop in our stores, use DXL mobile applications, or shop online at DXL.com, we may ask you to provide voluntarily some personal information needed to better serve you and/or complete your transaction. This personal information may include: (i) Contact Data (such as your name, mailing address, telephone number, e-mail address and zip code); (ii) Financial Data (such as your account or credit card number and billing address, if you use a credit or debit card or pay by check); and (iii) Demographic Data (such as your birth month).

• If you search our website, make a purchase, communicate with any of our departments such as our Guest Engagement Center, request to receive communications, download our mobile applications, create an account, or choose to use or participate in one of our various services, promotions, programs, surveys or sweepstakes, we may collect additional information as mentioned above.
• From your transactions and other interactions with us, we obtain information concerning your personal preferences and the specific products or services you purchase or use.
• If you create or log into your DXL account through a third-party platform (for example, Google), we will have access to certain information from that platform, such as your name and email address in accordance with the authorization procedures determined by such platform.
• We may provide a mobile app to assist in measuring your body to provide you with the best fitting clothes possible. In your discretion, you may use such mobile app to conduct a 3D body scan, at which time our app developer will collect information about your body (below your head) in the form of photographs taken by the mobile app, which will be processed to create data that maps out the shape and contours of your body. Our app developer may also request additional information about you.

You can still visit our website and DXL mobile applications, and choose not to provide us with personal information, however, you would not be able to access and use those portions of the website that require your personal information, such as those necessary to make a purchase.

Information from third party sources

We may collect personal information about you from publicly available and other sources, including:

Our Platform allows you to create and/or associate your account on our Platform using your Google account credentials. If you link our Platform with any third-party service, we receive and collect certain information related to or associated with your account with that third party service. In addition, our Platform may include content or features provided by social media platforms on our Platform or our content or ads on social media platforms (like login or sign in features or tools that allow you to share our content with others). When you interact with such content or features, we may obtain information from the social media platforms, including your username, user ID, demographic information, and other service-related information, subject to the settings and privacy practices of the relevant social media platform. In addition, when you interact with our content, products, services, or ads available on third-party sites, apps, content distribution channels, or other media (like video sharing and social network websites and apps), we may obtain information from those third-party sources. The information we receive may include information about the content you view or access, your demographic information, and information about your interests. You may have the ability to control what information is shared from linked third-party services and social network services by adjusting the privacy settings on those services. We are not responsible for the privacy practices of such third-party services.

Third-party service providers that support our business, including companies that help with our marketing efforts, analytics providers, advertising networks and cooperatives, third parties that share information with us about the different devices you use online, reviews you have posted on third-party sites about products we offer, and other third parties that we collaborate or work with.

Third-party data suppliers (such as data aggregators and data resellers) may supply us with internet and network activity information, demographic information, and other information that helps us recognize and learn more about you and other users of our online services.

We may collect information from third-party fraud prevention companies.

We may combine information we receive from third party sources with other information we have about you.

SECURING YOUR PERSONAL INFORMATION AND FINANCIAL DATA

We maintain administrative, technical and physical safeguards designed to try to protect your personal information and financial data. While we strive to protect your personal information, security, including for data transmissions over the Internet cannot be guaranteed. Please do not email sensitive information such as your account, credit or debit card number, please do not send this information to us electronically, but contact us by mail or telephone instead so that one of our Guest Engagement Center associates may gladly assist you.

OUR USE OF COOKIES

• Strictly Necessary Cookies. These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms.
• Performance Cookies. These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site.
• Targeted Advertising Cookies. These cookies may be set through our websites by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites.
• Social Media Cookies allow you to share information using social media sharing buttons on social networks like Facebook, LinkedIn, Pinterest, Instagram, or Twitter. This information may then be used by the social media network to deliver targeted advertising to you.

You can choose not to allow certain types of cookies, which may impact your experience of the site and the services we are able to offer. To manage the use of cookies on this website, click on the Cookie Preferences link below or change your browser settings.

SOCIAL MEDIA

Social Media

We engage with users on multiple social media platforms (e.g., Facebook, Twitter, and Pinterest). If you contact us on one of our social media platforms, request customer service via social media, or otherwise direct us to communicate with you via social media, we may contact you via direct message or use other social media tools to interact with you. In these instances, your interactions with us are governed by this privacy policy as well as the privacy policy of the social media platform you use.

Social Media Ads

We may display targeted ads to you through social media platforms. These ads are sent to groups of people who share traits such as likely commercial interests and demographics. For example, we may target people who have expressed an interest in shopping for pants, shorts, suits or accessories. See the policies of each social media platform for additional information about these types of ads.

GEOLOCATION

Your mobile device may share location information (when you enable location services) with our websites, mobile applications, services or our service providers. If you use our websites, we may collect location data obtained from your IP address. We use this location data to find our nearest store to you, provide product pricing and availability at our stores near you, and provide you with coupons and other offers based on your location. Certain of our device applications may also use this information to determine if you are shopping near one of our stores. If you are, we may present you information relevant to in-store customers. For many devices, you can disable our collection of location information in the settings menu of your device or via device portals.

For many devices, you can disable our collection of location information in the settings menu of your device or via device portals. You may also adjust certain location sharing permissions within the relevant app.

USING THE INFORMATION WE COLLECT

We use the information we collect for various purposes, including:

• to complete your purchase transactions;
• to provide the services you request, including to respond to your questions and requests for information;
• to send you correspondence and other offerings, including marketing and advertising communications tailored to your interests or more general in nature;
• to contact you about the status of your store, phone, DXL mobile apps or DXL.com orders;
• to identify your product and service preferences, so that you can be informed of new or additional products, services, and promotions that might be of interest to you;
• to provide information concerning products you have purchased;
• to determine the effectiveness of our Internet presence and improve the functionality of our web site;
• to improve our merchandise selections, customer service, and overall customer shopping experience;
• banner ads and mobile coupons promoting our products and services and those of third parties;
• for business analytics, reporting, governance and administrative purposes within our company;
• to try to detect and prevent fraud and to try to protect the security of our systems and platforms; and
• Legal compliance including: assist law enforcement and respond to legal/regulatory inquiries, apply applicable terms and conditions and other agreements, or to protect the rights, property or safety of DXL, our guests or others.
• to offer you personalized product recommendations on our website and in our mobile applications.

If you decide to scan your body for fitting purposes so that we can supply custom clothing to you, such data will be processed accordingly and for making size recommendations, keeping proper records of those transactions, and assisting us and our custom clothing business partner in the development, debugging and testing of the products and technologies of our custom clothing business partner. Your information will also be subject to the Privacy Statement of our custom clothing business partner, which will be made available to you.

INFORMATION WE SHARE WITH OTHERS

Services Providers

We may employ other companies or individuals to provide some services to us such as IT and hosting services, fraud prevention, analyzing customer lists and data, providing marketing assistance, consulting, mobile support, demographic data (such as your race, gender, income and birthdate), analyzing guest engagement effectiveness and other services. Also when you make a purchase via credit card, your information may be shared with payment card processors for the purpose of completing your transaction. To ship and track your online purchases, we make your name and mailing address available to such companies as UPS, FedEx and the U.S. Postal Service. DXL will NOT share your information with other people or non-affiliated companies, except in the limited circumstances described elsewhere in this Privacy Statement or with your consent.

We use analytics services, including Google Analytics, to better understand how customers use our websites and apps to improve those technologies and optimize your experience and interactions. If you wish to opt out of allowing Google to collect analytics information, please visit Google Analytics Opt-out Browser Add-on at https://tools.google.com/dlpage/gaoptout.

Parties Involved in Corporate Transactions

Your information may be disclosed as part of any merger, sale of company assets or acquisition, as well as in the event of an insolvency, bankruptcy or receivership (or in due diligence leading up to any acquisition), in which case information would be transferred as one of the business assets of DXL.

Targeted Advertising and Marketing Partners

We may share your information with advertisers (such as advertising agencies, networks, and exchanges), marketing businesses, third-party data suppliers (such as data aggregators and data resellers), and other marketing partners that help us to create, deliver, and assess our advertising and marketing campaigns and learn more about you and other users of our online services. Information may be linked to your browser or device (like cookies and similar tracking technologies) and related to you if you have a customer account or interact with us in other ways. These parties may combine your personal information with their own records (and records available from other sources) for their own purposes, including for their own and other third-party marketing.

When you use our website, we share information that we collect from you, such as your email (in hashed form), IP address or information about your browser or operating system, with our identity partners/service providers. These partners return an online identification code that we may store in our first-party cookie for our use in online, in-app, and cross-channel advertising and it may be shared with advertising companies to enable interest-based and targeted advertising. To opt out of this use, please click here (https://liveramp.com/opt_out/).

Your personal information is not shared for money, but certain targeted advertising activities may be deemed the "sale" or "sharing" of personal information under applicable privacy laws. We do not sell or share personal information of individuals we know to be under 16 years of age.

If you prefer that we NOT share your name and contact information with any of our marketing partners, you may "opt-out" by simply telling us when you give us your personal information, or please:

• Write to us at DXL, 555 Turnpike Street, Canton MA 02021; Attention: DXL Privacy;
• Call us toll-free at 1-855-ShopDXL(1-855-746-7395);
• Email us at customerservice@DXL.com.

Please be sure to provide us with your exact name, mailing address and the nature of your request so that we can correctly identify you and properly fulfill your request. We will make every effort to implement any choice you make as soon as possible.

You may opt out of the use of information about your browsing activities on our Platform to show you ads on other websites and services by adjusting your settings for each device and browser you use with our websites and mobile apps. To adjust settings for our websites, please visit our Cookie Preferences Page. Alternatively, you may visit our Platform using a legally recognized device or browser-based universal opt-out mechanism such as the Global Privacy Control. Adjusting your settings using the links above will only opt out of any sharing activity on the browser and device you are using for the DXL website you are visiting.

You may also opt out of targeted advertising by certain companies that participate in third-party industry groups by visiting the Network Advertising Initiative consumer opt-out page or the Digital Advertising Alliance's consumer choice tool. In addition, your device settings may offer you additional privacy settings when using our mobile apps; please see the device settings for details. Please note that even if you opt out of receiving interest-based advertising, you will still receive advertisements, but they will be more general in nature.

OTHER BUSINESS PRODUCTS AND SERVICES

From time to time, we may allow other businesses to make their products or services available to our visitors. You may purchase products or services from these other businesses through our website or DXL mobile application. When you purchase such products or services, we will share personal information related to your purchase with those businesses. Information received by those businesses in connection with a DXL purchase will be subject to this Privacy Statement and/or the other businesses’ privacy policy.

LEGAL DISCLAIMER; FRAUD PREVENTION

Though DXL makes every effort to preserve the privacy of personal information, on rare occasions, we may disclose specific information with law enforcement or government officials upon request, in response to a court order, or when required by law to do so. We may also share information with companies assisting in fraud protection or investigation. We do not provide information to these agencies or companies for marketing or commercial purposes.

HOW LONG DO WE KEEP YOUR INFORMATION

We will retain your personal information in accordance with DXL’s record retention requirements and policies which reflect business and legal considerations. DXL will retain your personal information for the time period reasonably necessary to achieve the business and commercial purposes described in this Privacy Statement (including the California Residents section) or any other notice provided at the time of collection. Your personal information may be retained longer if required or permitted by applicable law.

CHILDREN AND PRIVACY

We do not knowingly collect personal information from children under the age of 13. If a child under the age of 13 has provided us with personally identifiable information online, we ask that a parent or guardian contact us at 1-855-ShopDXL(1-855-746-7395). Persons under the age of majority (minors) should obtain their parents' permission prior to submitting any personal information to DXL.

YOUR CHOICES REGARDING THE TYPE OF INFORMATION YOU RECEIVE FROM DXL

We offer choices regarding the type and occurrence of information you receive from us. Upon creating or logging into your DXL account through a third-party platform you will automatically receive DXL correspondence and other offerings. If you prefer not to receive communications from DXL, or if you prefer to receive them less frequently, please:

• Write to us at DXL, 555 Turnpike Street, Canton MA 02021; Attention: DXL Privacy;
• Call us toll-free at 1-855-ShopDXL(1-855-746-7395);
• Email us at customerservice@DXL.com.

You may also click the unsubscribe link on any e-mail communication you receive from us and follow the instructions on screen.

PUSH NOTIFICATIONS

You may opt-out from allowing DXL mobile apps to send you push notifications by adjusting the permissions in your mobile device. This opt-out choice does not apply to in app notifications.

UNINSTALL DXL MOBILE APPLICATIONS

You can stop all further collection of information by DXL mobile applications by uninstalling it. You may use the standard uninstall process available as part of your mobile device or via the mobile application marketplace or network.

Note: If you uninstall the mobile application from your device, DXL unique identifier associated with your device will continue to be stored. If you re-install the application on the same device, DXL will be able to re-associate this identifier to your previous transactions and activities.

YOUR ACCOUNT

You are responsible for maintaining the accuracy and completeness of your personal information, as well as the confidentiality of your account and password and for restricting access to your computer and mobile device. You can edit your personal information at any time by using your DXL password to access your account.

LINKS TO OTHER WEBSITES

Our website may contain links to other websites that we think you will enjoy, but which are not under our control. Please take note that DXL is not responsible for the privacy policies or practices of such other websites. We encourage our visitors to be aware when they leave our website and to read the privacy statements of each and every web site they visit. This Privacy Statement applies solely to information collected by DXL.com and the DXL mobile apps.

PRIVACY STATEMENT CHANGES

We may, from time to time, make changes to our Privacy Statement and post those changes here. We recommend that visitors of DXL.com and the DXL mobile apps periodically visit this Privacy Statement to learn of new privacy practices or changes to our policy.

FURTHER INFORMATION

If you would like further information, or have any questions about our Privacy Statement, please:

• Write to us at DXL, 555 Turnpike Street, Canton MA 02021; Attention: DXL Privacy;
• Call us toll-free at 1-855-ShopDXL(1-855-746-7395);
• Email us at customerservice@DXL.com.

NOTICE TO CALIFORNIA RESIDENTS - Your Rights under the California Consumer Privacy Act ("CCPA")

In addition to other rights described in this Privacy Statement, a California resident about whom DXL collects, uses, discloses or sells such individual's personal information to third-parties shall:

• Have the right to know, subject to certain exceptions and our offering you:
  • The categories, sources and purposes of any personal information DXL collected about you in the preceding 12 month period;
  • The categories of personal information DXL shares with any third-parties for a business or commercial use in the preceding 12 month period and the categories of third parties with whom the information was shared. Sharing personal information in this manner may constitute a "sale" under the CCPA;
  • The categories of personal information we disclosed about you for a business purpose and the categories of third parties to whom we disclosed the information; and
  • The specific pieces of personal information we collected about you.
• Have the right to request that DXL, and its third-parties, delete your personal information that has been collected or maintained.
• Have the right to not have your personal information sold to third-parties.
• Have the right to correct personal information that we have collected from you which is inaccurate.
• Have the right to the same pricing and service from DXL when you exercise your privacy rights under CCPA.

In the preceding 12 months, we collected, disclosed, or sold the following categories of personal information:

We do not knowingly sell personal information of users under the age of 16.

As described above, we work with certain advertising partners to show ads that are targeted to your interests. These activities may be considered "selling" or "sharing" of your personal information under California law.

Submit a Privacy Rights Request

To exercise your rights under CCPA or another applicable law, you may contact us at 1-855-ShopDXL(1-855-746-7395) submit a request via email at privacy@dxlg.com, via online form available here, or by writing to us at DXL, 555 Turnpike Street, Canton MA 02021; Attention: DXL Privacy. You may submit a request on your own behalf, or you may designate an authorized agent to make a request on your behalf. Your authorized agent must submit written proof, such as an affidavit, as evidence of your authorization to submit a request on your behalf.

In order to protect our customer’s personal information, and as required under applicable law, we will verify your identity following receipt of your request. For security purposes, our verification process requires an exact match of at least three data points you provide to us with data points we maintain in our records. Please provide your state of residence and at least three of the following data points when you submit your request:

• First and last name;
• Email address associated with your DXL account;
• Telephone number associated with your DXL account;
• Mailing Address

Upon receipt of your request to: (i) know what personal information DXL collects about you; or (ii) request that DXL delete the personal information it has collected about you. DXL will:

• Confirm receipt of your request within 10 days; and
• Respond to your request within 45 days.

Do Not Sell My Personal Information

You can request to opt-out of the sale of your personal information to a third party by visiting our Do Not Sell My Personal Information page or by submitting a Privacy Rights Request as set forth above. To exercise your "Do Not Sell My Personal Information Right" with respect to cookies you can adjust your Targeted Advertising Cookies by visiting our Cookie Preferences page. You may also opt out of certain targeted marketing activities as set forth above under Targeted Advertising and Marketing Partners, including by enabling Global Privacy Controls.

If you use our mobile apps, you will also need to opt out of the "selling" activity under the Do Not Sell My Personal Information menu item for each mobile app.

NOTICE TO COLORADO RESIDENTS – Your Rights under the Colorado Privacy Act (CPA)

If you are a Colorado resident, you have certain rights related to your personal information. To exercise your rights under CPA, please see above under Submit a Privacy Rights Request. If 45 days after you send us a request, we have not responded to your request or asked for additional time to respond to your request, you have the right to appeal our failure to take action. To appeal our failure to take action contact us through one of the following methods.

• Write to us at DXL, 555 Turnpike Street, Canton MA 02021; Attention: DXL Privacy;
• Call us toll-free at 1-855-ShopDXL(1-855-746-7395);
• Email us at privacy@DXL.com.

NOTICE TO CONNECTICUT RESIDENTS – Your Rights under the Connecticut Data Privacy Act (CTDPA)

If you are a Connecticut resident, you have certain rights related to your personal information. To exercise your rights under CTDPA, please see above under Submit a Privacy Rights Request. If we inform you that we decline to take action regarding your request, you have the right to appeal our failure to take action by contacting us through one of the following methods within 45 days of receiving our decision.

• Write to us at DXL, 555 Turnpike Street, Canton MA 02021; Attention: DXL Privacy;
• Call us toll-free at 1-855-ShopDXL(1-855-746-7395);
• Email us at privacy@DXL.com.

NOTICE TO UTAH RESIDENTS – Your Rights under the Utah Consumer Privacy Act (UCPA)

If you are a Utah resident, you have certain rights related to your personal information. To exercise your rights under UCPA, please see above under Submit a Privacy Rights Request.

NOTICE TO VIRGINIA RESIDENTS – Your Rights under the Consumer Data Protection Act (CDPA)

In addition to other rights described in this Privacy Statement, a Virginia resident about whom DXL collects, uses, discloses or sells such individual's personal information to third-parties shall:

• Have the right to confirm whether we are processing your personal information;
• Have the right to request access to your personal information in our possession, to either view or transfer it;
• Have the right to request that DXL, and its third-parties, delete your personal information that has been collected or maintained;
• Have the right to opt-out of our use of your personal information for targeted advertising, our sale of your personal information, or for certain profiling uses.
• Have the right to correct personal information that we have collected from you which is inaccurate.

To exercise your rights under CDPA, please see above under Submit a Privacy Rights Request. If we inform you that we decline to take action regarding your request, you have the right to appeal our failure to take action, contact us through one of the following methods.

• Write to us at Destination XL, 555 Turnpike Street, Canton MA 02021; Attention: DXL Privacy;
• Call us toll-free at 1-855-ShopDXL;
• Email us at privacy@dxlg.com.