Legal Notices and Privacy

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Legal Notices

 

THE NORTH FACE WEB SITE LEGAL NOTICES
PLEASE READ THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE


This website is operated by VF International Sagl, a Swiss limited liability company.
Registered Office: Via Laveggio 5 6855 Stabio, Switzerland.
VF International S.a.g.l. is represented by its managing director Curt Holtz.
Commercial register and registration number: Commercial Register of the Canton of Ticino, CH-514.4.028.163-8
VAT no.: CH-595826

Copyrights
This web site Copyright © 2010 VF INTERNATIONAL S.A.G.L. – THE NORTH FACE Division (“The North Face”). ALL RIGHTS RESERVED. Individual documents may contain different copyright notices and/or additional proprietary notices.

Trademarks
All registered product names and technology trademarks indicated on this site are registered trademarks of The North Face Apparel Corp. or are the sole property of its affiliated entities. Except as expressly granted in this section (or to you specifically in writing), neither The North Face Apparel Corp., nor its affiliate The North Face, or any its suppliers grant any express or implied right to anyone for any patents, copyrights, trademarks or trade secret information. ALL RIGHTS RESERVED.

Confidentiality
Certain areas on this web site, with access restrictions, may contain The North Face confidential information. Access by unauthorized persons, and unauthorized use or disclosure of The North Face confidential information, may be a violation of The North Face’s rights and are strictly prohibited. By accessing The North Face confidential information, you agree to keep this information confidential, or, if you have a contractual right to use The North Face confidential information for your customers, your customers’ networks. You also agree to treat this confidential information with a standard of care which is of at least as high a standard as that which you apply to your most confidential information and to only disclose it within your company to employees with a “need to know” who are instructed and agree not to disclose the information and not to use the information for any purpose not permitted. You will not alter, decompile, disassemble, reverse engineer, or modify any of this confidential information that you receive.
Any questions, comments, suggestions, or other information submitted to The North Face in response to this web site shall be deemed non-confidential and The North Face shall be free to use, reproduce, disclose and distribute such information and any ideas contained therein in any manner without limitation.

The North Face discourages you from sending us any information that you consider to be confidential or proprietary through this web site. Please note that if you do send us any such information or material, The North Face will assume it is NOT confidential.

Ownership
The information on this web site, along with any materials incorporated herein (including, for example, white papers, press releases, data sheets, product descriptions and FAQs) is the copyrighted work of The North Face and/or its suppliers and is protected under US and worldwide copyright author rights and neighbouring rights laws and treaty provisions. The North Face grants you permission to copy such materials so long as each copy (i) is solely for your own informational, non-commercial use and is not modified or revised in any manner, (ii) plainly displays all copyright and other proprietary notices, in the same form and manner as on the original AND (iii) displays a statement that the materials are used solely with permission of The North Face. No other use of the information is authorized, unless otherwise stated by the Swiss law.
Any software downloaded or product obtained from this web site is governed exclusively by the license terms accompanying the file or product or the terms of the license agreement which accompanied the original product licensed by you which you are updating, and by downloading such software or obtaining such product, you agree to abide by the terms of the license. Any reproduction or redistribution of such software or such product not in accordance with the license is expressly prohibited by law.

Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of The North Face Apparel Corp., its affiliate The North Face or any third party.

Disclaimers
We work hard to make this web site interesting and user-friendly, but we cannot guarantee that our users will always find everything to their liking. Please read this Disclaimer carefully before using our web site.
YOU AGREE THAT YOUR USE OF THIS SERVICE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS SERVICE OR ANY MATERIAL AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THENORTHFACE.COM, NORTHFACE.COM, THE NORTH FACE OR ANY OF ITS AFFILIATES.

THIS SERVICE IS PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. THENORTHFACE.COM, NORTHFACE.COM, THE NORTH FACE APPAREL CORP., ITS AFFILIATE THE NORTH FACE, ANY OF THE CONTRIBUTORS TO THIS WEB SITE AND THEIR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ABSENCE OF DEFECTS, WHETHER APPARENT OR LATENT/HIDDEN OF THIS SITE, THE INFORMATION OR THE SERVICE AVAILABLE THROUGH IT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS SITE, NOR DO THEY GUARANTEE THAT THIS SITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITH RESPECT TO DOCUMENTS AVAILABLE FROM THIS SERVER, NEITHER THENORTHFACE.COM, NORTHFACE.COM, THE NORTH FACE APPAREL CORP., ITS AFFILIATE THE NORTH FACE, NOR ANY OF THE CONTRIBUTORS TO THIS WEB SITE OR THEIR AFFILIATES, AGENTS AND LICENSORS, MAKES ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ASSUMES ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT, PROCESS DISCLOSED, OF FOR LATENT/HIDDEN DEFECTS OR REPRESENTS THAT ITS USE WOULD NOT INFRINGE PRIVATELY OWNED RIGHTS. WE DO OUR BEST’ TO PROVIDE USEFUL INFORMATION, HOWEVER, WE MAKE ABSOLUTELY NO GUARANTEES AS TO THE CURRENCY, ACCURACY, OR QUALITY OF INFORMATION WE PUBLISH.

UNDER NO CIRCUMSTANCES SHALL THENORTHFACE.COM, THE NORTH FACE APPAREL CORP., ITS AFFILIATE THE NORTH FACE, ANY OF THE CONTRIBUTORS TO THIS WEB SITE AND THEIR AFFILIATES, AGENTS AND LICENSORS, OR THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE INFORMATION CONTAINED ON OR THE PRODUCTS SOLD THROUGH NORTHFACE.COM, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, BUSINESS, SAVINGS, DATA AND THIRD PARTIES’ CLAIMS EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES (UNLESS ALL THE FOREGOING WAS CAUSED BY GROSS NEGLIGENCE OR WILFUL MISCONDUCT OF THENORTHFACE.COM, THE NORTH FACE APPAREL CORP. AND/OR ITS AFFILIATE). YOU FURTHER AGREE THAT THE LIABILITY OF THENORTHFACE.COM, NORTHFACE.COM, THE NORTH FACE APPAREL CORP., ITS AFFILIATE THE NORTH FACE, ANY OF THE CONTRIBUTORS TO THIS WEB SITE AND THEIR AFFILIATES, AGENTS AND LICENSORS, AND THEIR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE SERVICE FOR THE USE OF THE SERVICE. NORTHFACE.COM MAY, BUT IS NOT OBLIGATED TO, MONITOR OR REVIEW STATEMENTS MADE BY THIRD PARTIES ON THIS WEB SITE. USERS OR OTHER THIRD PARTIES MAY POST STATEMENTS OR INFORMATION ON SOME PORTIONS OF THIS WEB SITE FROM TIME TO TIME. NEITHER NORTHFACE.COM NOR THE NORTH FACE APPAREL CORP., OR ITS AFFILIATE THE NORTH FACE MAKES ANY REPRESENTATION AS TO THE ACCURACY, APPROPRIATENESS, LEGALITY, OWNERSHIP OR OTHER ASPECTS OF SUCH STATEMENTS OR INFORMATION. NORTHFACE.COM AND THE NORTH FACE EXPRESSLY DISCLAIM ANY LIABILITY FOR SUCH THIRD PARTY STATEMENTS UNDER CRIMINAL OR CIVIL LAWS RELATING TO DEFAMATION, INTELLECTUAL PROPERTY INFRINGEMENT, PRIVACY, OBSCENITY, OR OTHER AREAS OF LAW. ALSO, AT TIMES THIS WEB SITE MAY CONTAIN LINKS TO WEB SITES MAINTAINED BY OTHER COMPANIES, INDIVIDUALS OR AGENCIES WHICH ARE PROVIDED AS A CONVENIENCE TO THENORTHFACE.COM OR NORTHFACE.COM USERS. THESE LINKED WEB SITES ARE NOT UNDER THE CONTROL OF EITHER NORTHFACE.COM OR THE NORTH FACE. AND ARE PROVIDED MERELY AS A CONVENIENCE. THE INCLUSION OF SUCH LINKS DOES NOT IMPLY AN ENDORSEMENT, AND NEITHER NORTHFACE.COM NOR THE NORTH FACE ARE RESPONSIBLE FOR THE ACCURACY OF INFORMATION ON SUCH WEB SITES . NEITHER NORTHFACE.COM NOR THE NORTH FACE INC. MONITORS OR REVIEWS THE CONTENT OF SUCH THIRD PARTY WEB SITES AND THEREFORE ADVISES YOU THAT YOUR ACCESS BY LINK TO THIRD PARTY WEB SITES IS AT YOUR OWN RISK.

GOVERNING LAW
Your use of this site shall be governed in all respects by the laws of Switzerland. As such, the laws of Switzerland, without regard to its conflicts of laws rules, will govern these disclaimers, limitations of liability, and terms and conditions.

Privacy Policy Overview
This privacy policy (the “Privacy Policy”) applies to the website http://eu.thenorthface.com (the “Website”) and refers to the personal data processing activities performed by VF International Sagl (“VF”), who owns and operates the Website. User’s personal data will be processed by VF when user visits the Website and when user interacts with the services and functionalities offered by the Website. The Privacy Policy has been drafted in accordance with the Recommendation n. 2/2001, adopted on May 17, 2001 by Article 29 Data Protection Working Party in relation to the minimum requirements for the collection of data on-line within the European Union and also represents information statement to the data subjects according to applicable privacy laws (the “Privacy Law”). The Privacy Policy specifies the identity of the data Controller that controls and manages the personal data collected and processed through the Website, specifies what is the personal information collected, the data processing purposes and conditions, the extent of personal data communication to third parties, the data security measures adopted in order to protect and safeguard data and the ways in which the user may verify the processing of data relating to the user and enforce the user’s rights as acknowledged under the Privacy Law.

The data Controller and the data Processor
The Controller of the personal data processing is: VF International S.a.g.l. – THE NORTH FACE DIVISION, Via Laveggio 5 6855 Stabio, Svizzera – contact us – VF ITALY SERVICES S.r.l. is acting as the data Processor on behalf and under the instructions of VF International Sagl for the activities of managing the customer support and the VF call centre. The updated list of Processors and addresses of data communications is at your disposal at VF. Other companies of the VF group may be involved in the processing relating to the activities that may be performed on the Website (for example for accounting activities in case of purchase of products, for personnel selection activities) as specified in the Privacy Policy; they will act according to applicable privacy laws for the purposes herein specified.

What kind of data are processed; what are the purposes of the data processing
In general, the visit and consultation of the Website does not imply collection and processing of user’s personal data. The processing of user’s personal data who visits and consults the Website is limited to the so-named surfing data, namely the data whose transmission to the Website is implicit in the functioning of the information systems in charge of the managing of the Website and in the use of communications protocols peculiar to the Internet. Surfing data are, for example, the IP addresses or the domain names of the computers employed by the user who connects to the Website and other parameters relating to the type and the information operating system employed by the user. Surfing data, such as these above specified and for example the number of visits, the time spent on the Website are collected and processed by VF exclusively for statistical purposes and in anonymous form in relation to the access and use of the Website for purposes of monitoring the correct functioning of the Website and enhancing the Website functioning and content. Due to the nature itself of surfing data, these data may lead to identification of users if they are associated with data held by third parties; however, VF does not collect surfing data in order to associate them with identified users. Surfing data are deleted after the processing in anonymous form; said data may be used for purposes of assessing possible responsibilities in case of information crimes realized against the Website or through the Website. With the exception of the aforementioned circumstance, VF keeps the user’s surfing data only for the maximum period of time allowed under applicable laws and then makes said data anonymous.

Furthermore, VF collects and processes personal data voluntarily provided by user when user interacts with the Website functionalities and requests the services offered by the Website, for example upon user subscription to the Website; user subscription to newsletter or mailing list; user purchase of products through the Website, which includes all activities relating to the purchase of goods, such as for example delivery of goods, billing issues, returning and exchanging of goods, receiving refunds, purchase and use of gift cards and e-gift cards, as applicable, payment related activities, including fraud prevention, and customer support and interaction with our call centre; user participation to promotions and other initiatives realized through the Website such as for example contests and sweepstakes, user request of information to VF or user sending to VF a question, communication or feedback through traditional mail or through the Website.. We will process user’s personal data also to comply with laws, regulations and Community legislation, and to assess and defend a legal right. We may process user’s personal data also when user contacts our customer support and call centre, which may communicate with user and thus process user’s personal data through e-mail, chat and telephone. User may finalize the purchase of our products also through telephone calling our calling centre, following the procedure specified in our Terms and Conditions of Sale. For the processing of your personal data when you make a purchase on our Website, please see our relevant privacy Statement. The call centre will assist user in closing transactions over the phone and processing user’s order on user’s behalf and for said purpose it will collect user’s personal data and credit card details. The call centre will also register user’s phone number for purpose of call-back and back-office services in order to provide user with the requested support and information. Marketing, statistical and profiling activities as above specified may also be performed by the call centre, with user’s consent. In some cases, for purposes of internal training, quality control and verification, the call may be recorded and the e-mails may be saved to the extent not prohibited by applicable laws. User will always be informed in advance of the recording of the communication, and user will have the opportunity to object to such recording, save when this is necessary for verification purposes in relation to your purchase or other reasons, as allowed under applicable laws.

With the user’s consent, that is optional, VF may further process user’s personal data for survey purposes; for marketing purposes, that is for sending to user, also through e-mail or other electronic communications means such as SMS, MMS, fax, etc., promotional information and material on products and services of the VF group, on special initiatives on prices and promotions of the VF group and on initiatives such as events, exhibitions and fairs organized by the VF group or to which the VF group takes part; and for profiling purposes. For the marketing and profiling activities above defined user’s personal data may also be shared with other VF companies. User will always have the opportunity to object, at any time and for free, to the processing of his/her personal data for the sending of promotional information and material; in each communication there will be a specific section in which are specified the conditions (easy to perform and free of charge) of revoking the consent.
Personal data that VF collects and processes include name, and contact details such as street address, telephone number, e-mail address and further possible information of an optional nature provided by user. In the relevant sections of the Website where data are collected it is published a specific information statement. When requested under the Privacy Law, VF requires the user’s consent before proceeding to processing his/her personal data.
Where you have provided us with personal data about another person, (for example when using the function e-mail to a friend, gift card functionalities or other purposes) to the extent permitted by applicable laws you hereby confirm that said communication and further processing by us as set out in this Privacy Policy complies with applicable privacy laws, so for example you should inform said person and as requested obtain his/her consent to the processing of his/her personal data for the purposes set out in this Privacy Policy.

Place where the data are stored
Personal data collected through the Website will be processed by VF; the company Rackspace Ltd (registered offices at 4 The Square, Stockley Park, Uxbridge, UK, UB11 1ET) provides for VF hosting services for the web site and related database. VF ITALY SERVICES S.r.l. acts as data Processor of VF for the activities of managing the customer support and the VF call centre. The updated list of Processors and addresses of data communications is at your disposal at VF. Personal data are processed only through specifically authorized staff designated to access and process the data, including staff designated for performance of non-routine maintenance operations of the Website. Furthermore, other companies of the VF group are involved in the processing of personal data in relation to the functioning of the Website and performance of the services and functionalities offered through the Website, for example in relation to purchase of products, customer support and call centre activities, and also for marketing and profiling activities as above specified. User is invited to check the section of this Privacy Policy relating to Extent of personal data communication. All processors are acting on behalf and under the instructions of VF.

Conditions and features of the personal data processing
Personal data collected by VF are mainly processed through electronic and automated means but also without the same (paper processing), under procedures and logics that comply with the data processing purposes as herein specified. Personal data of user are processed according to applicable privacy laws, including security and confidentiality issues, and are kept only for the time strictly functional to achieve the specific data processing purpose from time to time pursued and according to applicable laws.

Security and quality of personal data
VF is committed to protect security of the user’s personal data. Personal data are processed by VF in compliance with the security provisions as set forth by applicable laws in order to prevent loss and destruction, even accidental, of data, unauthorized access to data, unlawful or unfair use of data. Moreover, information systems and software programs are configured so that personal and identification data are used only when necessary to achieve the specific processing purpose from time to time sought.

VF deploys a variety of advanced security technologies and procedures to help protection of user’s personal data against the risks above outlined. For example, personal data provided by user are stored on secured servers placed in controlled locations. Moreover, for the transmission of some data through the Internet are deployed encryption techniques such as the Secure Socket Layer (SSL) protocol.
User may help VF to update and maintain accuracy of the personal data provided by user to VF by notifying VF of any amendment relating to user’s address, title, telephone number or electronic mail (e-mail) address. Registered user may perform the foregoing on-line following the instructions reported on relevant user’s profile pages of the Website.

Extent of personal data communication
VF communicates user’s personal data within the limits and under the circumstances specified in this Privacy Policy and in the information statement published on the Website in the sections where data are collected, in any case in full compliance with the consent given by the user upon collection of data, when required by the Privacy Law. User personal data will be accessible within VF organization by the internal and external personnel that need to access them because of their duties in relation to the processing purposes herein specified, and by the Processor, for example The North Face (Italy) Srl for the activities functional to managing of the customer support and the VF call centre. The updated list of Processors and of the subjects to which data may be communicated will remain at user disposal free of charge upon request at VF.

User personal data may be communicated to institutions, authorities, public entities, banks and financial institutions, professionals, independent consultants, also in associate form, business partners and third party service providers to which VF may revert to for performance of professional, technical and organizational services functional to the managing of the Website and the activities therein performed, such as for example the sales of goods and related activities, the managing of functionalities offered by the Website and of the initiatives and services that user may subscribe to and require through the Website, and for services strictly functional to achievement of the other processing purposes herein specified. For purposes functional to the managing of the Website and related activities, for example for the purchase of goods through the Website or through telephone by our call centre, user’s personal data may be also communicated to other companies of the VF group within the European Economic Area, that will process them according to applicable privacy laws for the purposes above specified, including marketing and profiling activities. With specific reference to the purchase of goods, data will be processed by the relevant local VF entity established in the place where delivery has to take place, acting as controller of your personal data in accordance with applicable privacy laws, for the following purposes: billing issues, dispatch of goods, returning and exchanging of goods, receiving refunds, purchase and use of gift cards and e-gift cards as applicable, payment related activities, including fraud prevention. The activities of customer support and managing of our call centre are performed by The North Face (Italy) Srl, acting as data processor of VF. Moreover, for closing transactions and payment processing we revert to third party service providers for managing and support of the e-com platform. These service providers are bound by contract obligations so that they will implement adequate security measures to protect security and confidentiality of user’s personal data and credit card information.

The third parties receiving user’s personal data as above specified will process data as Data Controllers (VF local entities) or Processors (VF Italy Services S.r.l. for the purpose of customer support and call center, and other third party services providers), as the case may be, according to applicable data protection laws and for the same purposes above specified. Personal data may also be communicated to third parties in case of mergers, acquisitions, transfer of any of our assets, products, websites or operations. These third parties will be provided only with the information necessary to performance of their respective functions; they agree to use the information received only for the processing purposes above specified, to keep it confidential and secure and to comply with applicable law and the instructions received by VF. The third parties receiving your personal data are established within the European Economic Area and will process them under applicable privacy laws for the purposes above specified.
Except for the foregoing, user’s personal data will not be shared with third parties, natural persons or legal entities, that are unrelated to, or that do not perform a business, professional or technical function for VF. User’s personal data may further be communicated to whoever is the legitimate addressee of communications as provided by applicable laws and regulations, thus for example in case of judicial processes, request by competent courts and authorities or other legal obligation, to protect and defend the rights and property of VF and the Website. User’s personal data will not be communicated to third parties for their own marketing purposes and will under no circumstance be spread.

Providing of personal data
Except for the foregoing description in relation to the surfing data (please refer to the above section ‘The nature and kind of data processed‘), providing of personal data by user is necessary for performance of the services and functionalities offered by the Website and required by user, such as the user subscription to the Website, to newsletters or mailing lists, the managing of the user purchase of products through the Website and related activities, the managing of user participation to promotions and other initiatives realized through the Website such as for example contests and sweepstakes, replying to and managing of user’s request of information, questions, communication or feedback to VF, the managing for personnel selection purposes of the curriculum vitae (CV) and other information sent by the user. Providing of user’s personal data for the activities necessary to comply with applicable legislation is mandatory. In the above referenced circumstances, denial of providing personal data by user would make it impossible for VF to comply with contractual obligations or to provide user with the requested services, products or information as above specified.

Providing of data by user for the survey purposes, the marketing purposes, and the profiling purposes as above specified is optional; denial of providing personal data by user in said circumstances will have no consequences on compliance by VF with its contractual obligations and on the providing user with the services, products or information requested as above specified.

User’s privacy rights
User is entitled at any moment to enforce the rights as provided by applicable privacy law, including but not limited to the right to obtain at any moment confirmation that user’s personal data exist or do not exist, verify their content, origin and accuracy, ask for their integration, updating, amendment, deletion, and user may oppose for legitimate reason the data processing (including objecting, at any time and for free, to the processing of his personal data for direct marketing purposes).
For any query or request relating to the personal data processing by VF and to enforce the rights under the Privacy Law, user may contact VF Italy Services Srl, acting as data Processor of VF, as follows: Phone: +39-0423683110, Fax: +39-0423683120, by traditional mail to “VF Italy Services S.r.l. – The North Face E-commerce Customer Service”, Via Levada 145, 31040 – Pederobba (TV), Italy; or by sending an e-mail through the proper form provided at the following link: contact us.

This Privacy Policy is subject to updating and amendment by VF. The version published on the Website is the version actually in force. If VF changes this Privacy Policy, VF will notify user of such changes by posting a link on the home page of the Website to the amended privacy policy that reads “Newly Revised Privacy Policy”. VF invites user to periodically review the Privacy Policy in order to be informed of any relevant change.

The Effective Date of this Privacy Policy is: 16/08/2011