Privacy policy
Effective April 1, 2026
4. Cookies
6. Our Use of Personal Information
7. Our Disclosure of Personal Information
9. Security
10. Additional Disclosures Required by State Privacy Laws
12. Effective Date and Changes to This Privacy Policy
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1. Scope of This Policy
FN USA Investments (Retail) LLC ("Ever New," "we," "us," "our") respects your privacy and values your trust. The purpose of this Privacy Policy is to inform you of the treatment and handling of personal information that we may learn about you from using our website at www.evernew.com (the "Site"), from purchasing products and services from us or engaging with our content, or by use of any of our services (collectively, the "Service"). The Site and Service are intended for residents of the United States. We do not represent that the Site or Service is appropriate or available in other jurisdictions. If you have any questions regarding this information or our privacy practices, please contact us via the methods set out in the How to Contact Us section at the end of this Privacy Policy. You may print a copy of this Privacy Policy by using the print or save functionality available in your web browser.
2. Agreement to Terms
By using or accessing our Service in any manner, you acknowledge that you accept the practices and policies outlined below and the policies outlined in our Terms of Use, and you hereby consent that we may collect, use, and disclose your personal information as described in this Privacy Policy. If you do not agree with the terms of this Privacy Policy and our Terms of Use, then you should immediately discontinue use of the Service without providing us with any personal information.
3. Information We Collect
In the past 12 months, we may have collected the following categories of personal information (a) directly from you (for example, when you place an order, create an account, subscribe to marketing, contact customer service, or participate in promotions), (b) from our service providers (for example, payment processors, shipping carriers, customer support platforms, and marketing and analytics providers), (c) from third-parties (for example, if you use third-party tools made available through the Service, such as sizing or fit tools), and (d) from the device and browser that you use to access the Service (for example, via cookies and similar technologies).
Identifiers
We may collect your first name, last name, email address, account name, postal address, phone number, unique personal identifier and Internet Protocol address If you create an account, we also collect account credentials such as your password (or other authentication information) and account preferences.
Financial and Transactional Information
We may collect payment details (such as credit or debit card information), billing address, and your order history. We use authorized third-party payment processors for part of this process.
User-generated and Audio Content
We collect the information and content of communications that you share through the Service. This may include any information you choose to provide when you contact us or if you provide information through your user account). If you contact customer service by phone, we may monitor or record calls for quality assurance, training, and compliance purposes, where permitted by law.
Demographics and Characteristics
We may collect your birthday and gender expression. This information is used to tailor our marketing offers, consistent with your choices.
Inferences
We may also draw inferences from the information that we collect that reflect your purchase preferences.
Device Information
We may collect device information when you visit the Site. Device information may include your device type, browser type, online and/or unique identifiers, IP address, and geolocation information.
Internet Activity
We may collect information concerning your interaction with the Site, including when you access the Site and your browsing activity on the Site (such as which pages you visit, in what order, and for how long). This may also include "traffic data" or tracking information provided by the Site's host or similar providers (e.g., Google Analytics) that may be helpful for marketing purposes or for improving the Service.
Sensitive Personal Information.
Under certain privacy laws, some information (such as precise geolocation, account log-in credentials, and certain government identifiers) may be treated as "sensitive." We generally do not collect government identifiers. If we collect sensitive personal information, we use it only as permitted by applicable law, including to provide the Service, ensure security and integrity, prevent fraud, and comply with legal obligations. You are not required to provide all personal information identified in this Privacy Policy to use our Service or to interact with us, but certain functionality will not be available if you do not provide certain personal information. For example, if you do not provide certain personal information, we may not be able to register your account or respond to your requests.
4. Cookies
We store certain information that gets collected automatically at our end through cookies and other similar technologies. A cookie is a small string of information that a website that you visit transfers to your browser for identification purposes. Cookies can be used to follow your activity while using a website or across websites, and that information helps companies understand your preferences and tendencies, as well as improve and personalize your website experience. Some cookies are necessary to operate a website, while others can be functional, analytical, or used for marketing purposes, including targeted advertising (as discussed in more detail below). Cookies on the Site are generally divided into the following categories:
- Strictly Necessary Cookies. These are required for the operation of the Site. They include, for example, cookies that enable you to log into password-protected portions of the Site. These cookies are session cookies that are erased when you close your browser.
- Analytical/Performance Cookies. These allow us to recognize and count the number of visitors to the Site and understand how such users navigate through the Site (e.g., when and which pages are visited, in what order the pages are visited, and where a user is located).
We also use Google Analytics for part of this process. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/ . Google provides users with the ability to prevent their data from being used by Google Analytics-learn more by going to https://tools.google.com/dlpage/gaoptout .
- Functional Cookies. These improve the functional performance of the Site and make it easier for you to use. For example, cookies are used to remember that you have previously visited the Site and asked to remain logged into it (e.g., this saves your username). These cookies qualify as persistent cookies because they remain on your device for use during your next visit to the Site. You can delete these cookies as detailed below.
- Marketing Cookies. These record your visit to the Site and the pages you have visited and the links you have followed, to recognize you as a previous visitor, and to track your activity on the Site and other websites you visit. These cookies may be used to (i) display ads on other websites and services based on your visits to our Site and other online activity; (ii) measure the effectiveness of advertising; and (iii) help us build and reach audiences for advertising on platforms such as Meta and TikTok (including by using customer lists, which may be matched using hashed identifiers such as email addresses). We may also target ads based on inferred interests, including interest categories that may relate to interactions with other brands or websites. These cookies qualify as persistent cookies because they remain on your device. We use advertising networks to advertise on third-party websites and you may opt-out or change your preferences for each of these services as detailed below:
Facebook/Meta: For more information on Meta cookies visit https://www.facebook.com/privacy/policies/cookies . TikTok: For more information on TikTok's cookies visit https://www.tiktok.com/legal/page/global/tiktok-website-cookies-policy/en . Snapchat: For more information on Snapchat's cookies visit https://www.snap.com/cookie-policy . Pinterest: For more information on Pinterest's cookies visit https://policy.pinterest.com/en/cookies . Microsoft: For more information on Microsoft cookies visit: https://www.microsoft.com/en-gb/privacy/privacystatement Shopify: For more information on Shopify Cookies visit: https://www.shopify.com/legal/cookies Google: For more information on Googles cookies visit: https://policies.google.com/technologies/cookies Rakuten: For more information on Rakuten cookies visit: https://global.rakuten.com/corp/cookie_policy/ You can prevent the use of certain cookies by modifying your Internet browser settings, typically under the sections "Help," "Internet Options," or "Settings." If you disable or delete certain cookies in your Internet browser settings, you may still access our Site, however, you might not be able to access or use important functions or features of our Site, and you may, for example, be required to re-enter your log-in details.
Do-Not-Track Signals
Some browsers incorporate a "Do Not Track" ("DNT") feature that signals to websites that you do not want to have your online activity tracked. Because there is not yet a common understanding of how to interpret DNT signals, our Site does not currently respond to DNT browser signals. Some jurisdictions also recognize certain browser-based opt-out preference signals (such as the Global Privacy Control). Please see the "Additional Disclosures for Residents of California" section for more information.
5. Children's Privacy
The Service is not intended for users under the age of 13 and Ever New does not knowingly collect personal information from individuals under the age of 13. If you are aware of, or suspect that, someone under the age of 13 is using the Service without permission, please notify us immediately by contacting us as detailed in the How to Contact Us section below. If you have questions or concerns about the Internet and privacy for your child, we encourage you to check out the FTC Guidelines for protecting your child's privacy online.
6. Our Use of Personal Information
We collect and use your personal information for the following purposes:
- Providing the Service to you and providing products or services requested by, or reasonably anticipated within the context of our relationship with, you;
- Managing our relationship with you, and responding to your inquires or requests, and requesting feedback;
- Analyzing use of the Site and tracking your click stream data;
- Providing you with relevant promotional materials or other marketing, events, and surveys;
- Keeping track of your login information and shopping cart;
- Personalizing your interaction with the Service;
- Detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity, or prosecuting those responsible; and
- Complying with legal and regulatory obligations.
7. Our Disclosure of Personal Information
We may share your personal information with the following third parties:
- Our group companies, including FN USA Investments (Retail) LLC, ADT Group Holdings PTY LTD, Forever New Clothing PTY LTD, and our other affiliates and subsidiaries.
- Service providers, including payment processors, IT and hosting providers, analytics providers, customer support providers, fraud prevention providers, and shipping and fulfillment providers. We share personal information with service providers to help us operate the Service and provide our products and services. Service providers are authorized to use personal information only as needed to provide services to us, consistent with applicable law.
- Advertising and marketing partners, including advertising networks and social media platforms, to provide you with relevant marketing, measure the effectiveness of ads, and build and reach audiences (including through customer list matching that may use hashed identifiers such as email addresses), consistent with your choices and applicable law.
- Advisors and financial institutions, including auditors, notaries, business continuity support service providers, and legal, tax, and risk and compliance advisors.
- With third parties in connection with a change to the control or financial status of the company, including a corporate restructuring, sale, acquisition, financing, reorganization, bankruptcy, receivership, transfer, assignment of assets, or business merger or divestiture. Personal information and other information may be shared in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction.
- Government bodies, dispute resolution organizations, law enforcement agencies, or third parties in connection with (a) responding to a subpoena, search warrant, or other lawful request for information that we receive; (b) cooperating in a law enforcement or similar investigation; or (c) otherwise protecting our rights, as applicable.
8. Your Privacy Choices
If you no longer want to receive our newsletters, emails, or other marketing communications, you may unsubscribe at any time by following the unsubscribe options in the communication itself, through your password protected user account, or by emailing us at the contact information below under How to Contact Us. To opt-out of text messages, you may unsubscribe via the link in any Ever New marketing text message. Please note that opting out of marketing emails or text messages will not necessarily stop certain online advertising that is delivered through cookies and similar technologies. To learn more about managing cookies, please see the Cookies section above, and (if you are a California resident) the opt-out options described in the California section. Please note that you cannot unsubscribe from certain correspondence from us, including messages relating directly to your account or purchases placed through the Site. You may request we delete, correct, or provide access to certain personal information that we may hold about you through your password protected user account. We may request you verify your identity by providing us with your user email address and telephone number. You may also request we delete your user account.
9. Security
We maintain reasonable technical and organizational measures to protect personal information from loss, misuse, alteration, or unintentional destruction. We have implemented various security measures to protect both the personal information and the general information that we receive from you through the Service. Whenever you give out personal information online there is a risk that third parties may intercept and use that information. Although we seek to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online. To the extent permitted under applicable law, we assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized access by third parties, or other causes beyond our control. You play an important role in keeping your information secure. You should not share your username or password with anyone. If you have reason to believe that your account is no longer secure, please contact us immediately at the contact information in the How to Contact Us section below.
10. Additional Disclosures Required by State Privacy Laws
This section applies only to residents of California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Nevada, Oregon, Rhode Island, Tennessee, Texas, Utah, and Virginia. For residents of these states, this section describes how we collect, use, and disclose, and/or "sell" (as defined under certain state privacy laws) the personal information of state residents, and the rights you may have under your state's privacy law. These disclosures are intended to supplement this Privacy Policy with information required by state law. To understand what personal information we may have collected about you in the past 12 months, and from where we collected it, please see the section Information We Collect above. We collect this personal information, as further described in the Our Use of Personal Information section above, to operate, manage, and maintain our business, to provide our products and services, and to accomplish our business purposes and objectives. We may disclose personal information to the categories of third parties listed above in the section Our Disclosure of Personal Information. Below, we have provided more detail regarding the two ways we share your personal information: (a) general disclosures of information for a business or commercial purpose, and (b) "sales" of personal information.
Disclosure of Information for a Business or Commercial Purpose:
To manage our business and provide services to you, we sometimes disclose personal information to third parties. These third parties cannot further collect, sell, or use the personal information we share with them except as necessary to perform our business or commercial purposes, as instructed by us. In the past 12 months, we may have disclosed the following categories of personal information for business or commercial purposes to the categories of recipients listed below:
Identifiers
Group Companies, Service providers; Advertising partners and social media networks; Business reorganization; Mandatory disclosures and legal rights
Financial and Transactional Information
Group Companies, Service providers; Auditors, advisors, and financial institutions; Business reorganization; Mandatory disclosures and legal rights
User-generated Content
Group Companies, Service providers; Business reorganization; Mandatory disclosures and legal rights
Device Information
Group Companies, Service providers; Advertising partners and social media networks; Business reorganization; Mandatory disclosures and legal rights
Internet Activity
Group Companies, Service providers; Advertising partners and social media networks; Business reorganization; Mandatory disclosures and legal rights
"Sales" of Personal Information:
We have marked "sales" in quotation marks because the laws of California, Colorado, Connecticut, Delaware, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, and Texas define "sale" broadly to include any disclosure of information in return for any type of value. The value does not need to be monetary, like in a traditional sale. Ever New does not sell or share personal information in exchange for money. However, Ever New uses cookies and similar technologies to analyze website usage and assist in marketing efforts (including targeted advertising) and we may share personal information derived from these cookies with advertising partners to market to you and to provide advertisements on other websites that we or these entities believe will be of interest to you. In some cases, the disclosures of the information collected by these cookies may be considered a "sale" under applicable law. In the past 12 months, the categories of personal information disclosed that may be considered a "sale" are: Identifiers, Device Information, and Internet or Other Network Activity. The categories of third parties to whom personal information was disclosed that may be considered a "sale" are: advertising partners and social media networks. We do not sell, or have actual knowledge of any sale of, the personal information of minors under 16 years of age.
Your Rights:
Under certain state privacy laws, you have a right to notice, upon collection, of the categories of personal information collected and the purposes for which the information will be used. We have provided this notice through this Privacy Policy. In addition, residents of California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, and Virginia have the following rights, subject to certain limitations:
- Access: You have the right to access a copy of the categories and specific pieces of personal information that we have collected about you.
- Correction: You have the right to request that we correct inaccurate personal information that we hold about you, taking into account the nature of the personal information and the purposes of the processing of the personal information.
- Deletion: You have the right to request that we delete or anonymize your personal information, with certain exceptions.
- Data Portability: You have the right to request a copy of your personal information in a machine-readable format. You can also request that we transmit your personal information to another business where technically feasible.
- Sale and Sharing/Targeted Advertising Opt-out: You have the right to opt-out of the sale of your personal information or the sharing of your personal information for purposes of targeted advertising.
Additional Rights for California Residents:
In addition to the rights listed above, California residents also have the following rights:
- No Retaliation: You have the right to be free from discrimination or retaliation for exercising your rights under the CCPA.
- Opt-Out of Third-Party Marketing (California "Shine the Light" Disclosure): Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of personal information to third parties for such third parties' direct marketing purposes.
Additional Rights for Residents of Iowa and Utah:
In addition to the rights listed above, residents of Iowa and Utah also have the following right:
- Opt-Out of Processing of Sensitive Personal Information: You have the right to opt-out of our processing of your sensitive personal information subject to certain limitations under applicable law.
Additional Rights for Maryland Residents:
In addition to the rights listed above, Maryland residents also have the following right:
- Disclosures to Third Parties: You have the right to request a list of the categories of third parties to whom we have disclosed your personal information, or the categories of third parties to whom we have disclosed any consumer's personal information.
Additional Rights for Rhode Island Residents:
In addition to the rights listed above, Rhode Island residents also have the following right:
- No Retaliation: You have the right to be free from discrimination or retaliation for exercising your rights under the Rhode Island Data Transparency and Privacy Protection Act.
Rights for Nevada Residents:
Nevada residents have the following right:
- Opt-Out of Processing of Personal Information: You have the right to opt-out of our processing of certain types of personal information ("covered information" under Nevada law (NRS 603A.340).
Exercising Your Rights:
You or your authorized agent may exercise your rights to access, correct, transfer, or delete your personal information by contacting us at customer.service@evernew.com with the subject line "U.S. Privacy Rights" so that we may direct your email to the right team. Once we receive a request, we will take steps to verify your request, including by asking you to provide information that is reasonable in light of the nature of your request. We will respond to your request consistent with applicable law. You can exercise your right to opt-out of "sales" or the "sharing" or your personal information for purposes of targeted advertising by contacting us at customer.service@evernew.com Where required by applicable law, we will treat a browser-based opt-out preference signal, such as the Global Privacy Control ("GPC"), as a request to opt out of the sale or sharing of personal information for that browser and device. Please note that GPC (or similar signals) may not apply in all contexts (for example, to information processed offline or not linked to your browser), and you may still need to use the "Do Not Sell or Share My Personal Information" link or other methods described in this Privacy Policy to make choices for other browsers or devices, or when you are signed into your account. Please note, however, before we will be able to process your request for access or deletion of personal information, we will need to properly verify your identity for security purposes. If we possess appropriate information about you (e.g., name, email, address), we will attempt to verify your identity using that information. If it is not reasonably possible to identify you, we may not be able to respond to your request. To use an authorized agent to make a request on your behalf, we may need the authorized agent to provide proof that you gave the authorized agent signed permission to submit the request on your behalf. We may also require you to verify your identity directly with us.
Appealing a Denial of Your Privacy Rights Request:
If you are a resident of Colorado, Connecticut, Delaware, Iowa, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Tennessee, Texas, or Virginia and we refuse to take action on your privacy rights request within a reasonable period of time after receiving your request in accordance with this section, you may appeal our decision. In such appeal, you must (1) provide sufficient information to allow us to verify that you are the person about whom the original request pertains and to identify the original request, and (2) provide a description of the basis of your appeal. Please note that your appeal will be subject to the rights and obligations afforded to you under applicable law. We will respond to your appeal in accordance with applicable law. You may appeal our decision using the following methods:
- Email us at: customer.service@evernew.com
- Call us at: +1 (855) 383-7876
Data Retention
We retain personal information about you for as long as necessary to provide you with the Service or to perform our business or commercial purposes for collecting your personal information. When establishing a retention period for specific categories of information, we consider the source of the collected personal information, our need for personal information, why we collected the personal information, and the sensitivity of the personal information. In some cases, we retain personal information for a longer period, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule, or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.
11. Links to Other Websites
For your convenience, we may link to third-party sites and services, or otherwise display third-party content through our Site to provide increased value to our visitors. We have no control over these linked sites, each of which has separate privacy and data collection policies and practices independent from us. As such we have no responsibility or liability for these independent policies or actions and are not responsible for the privacy practices or the content of any such websites. Please note that these other sites may send their own cookies to users, collect data, or solicit personal information, and we encourage you to review their policies before engaging with these third-party sites.
12. Effective Date and Changes to This Privacy Policy
This Privacy Policy is effective as of the date at the top of this policy. Ever New has the discretion to update this Privacy Policy at any time. When we do, we will revise the effective date at the top of this page. We encourage users to frequently check this page for any changes and to stay informed about how we are helping to protect the personal information we collect, especially before you provide information, and particularly personal information, directly to us through the Service. In the event of a material change to this Privacy Policy, we will provide a message through our website or via email informing you of the change.
13. How to Contact Us
If you have any questions about this Privacy Policy or our Service, please contact us at: Email: customer.service@evernew.com Phone: +1 (855) 383-7876 Address: 14020 183rd Street, La Palma CA 90623