Last update: 11 April 2021
This document sets out the terms and conditions applicable when you take part in a virtual shopping session with The North Face
A. INTRODUCTION AND ORDER JOURNEY
PLEASE READ THE FOLLOWING VIRTUAL SHOPPING TERMS BEFORE PARTICIPATING IN A VIRTUAL SHOPPING SESSION AND PLACING AN ORDER THROUGH A STORE
1. What is this document? Why does it matter?
These terms and conditions of sale (“Virtual Shopping Terms”) regulate your purchase of the products we promote and sell to you as a distance sale from any participating The North Face’s stores and shopping outlets (each, a "Store") ("Products") and the shipping of such Products to the countries we deliver in (collectively, this selling practice is also referred to as “Virtual Shopping”). For the avoidance of doubt, these Virtual Shopping Terms DO NOT APPLY to the purchase of The North Face’s products from any of The North Face’s e-commerce website, for example thenorthface.co.uk. When you make a Virtual Shopping purchase through the Store, we ask you to read and confirm your acceptance of these Virtual Shopping Terms and, if you do, a contract is formed between you and us, subject to these Virtual Shopping Terms. So it is important that you read these Virtual Shopping Terms carefully before placing an order for Products from a Store ("Order").
2. Who are we?
In these Virtual Shopping Terms “VF”, “we”, " The North Face" and “us” means the trader of the Products, that is the company of the VF Group responsible for selling to consumers from a Store in a specific country (as identified in the table below), and "you" refers to you, the customer. If you have already made a purchase, you can verify the company specified on your payment receipt.
For sake of completeness, please find a complete list of our selling entities below. Please note that we do not necessarily have Stores offering Virtual Shopping in all the countries listed below.
|Country||Company Name||Registered Offices||Registration number / VAT number|
|Belgium||VF BELGIUM BV||C. Van Kerckhovenstraat 110-Fountain Business Park 2880 Belgium||BE 0666523226|
|Switzerland||VF International SAGL||Via Laveggio 5- 6855 Stabio-CH||CHE-111.650.898 IVA|
|Austria||VF Austria GmbH||Moosfeldstraße 1, 5101 Bergheim bei Salzburg Austria||AT U34766401|
|Germany||VF Germany Services GMBH||Walter- Gropius-Str. 23, 80807 München, Germany||DE 230966815|
|Denmark||VF Scandinavia ApS||Vestergade 27 1456 - Kobenhavn K Denmark||DK 71032418|
|Sweden||VF Sweden AB||Warfvinges väg 30 112 51 Stockholm||SE 556428782801|
|UK||VF Northern Europe Services ltd||15, Atholl Crescent - EH3 8HA Edinburgh, United Kingdom||GB 943074330|
|Ireland||VF Northern Europe Services Ltd - Irish Branch||Suite 3, One Earlsfort Centre , Lower Hatch Street, Dublin 2, Republic of Ireland||IE 9661414U|
|France||VF (J) FRANCE SAS||31-33 rue du Louvre CS10203- 75002 Paris France||FR 78353238520|
|Netherlands||Vf(j) Nederland Services BV||Cruquiusweg 109, 2nd floor, 1019AG Amsterdam, The Netherlands||NL 853613448B01|
|Italy||VF Italia S.r.l.||Via Varesina 162, 20156 Milano, Italy||IT 04576340964|
|Spain||VF Jeanswear Espana S.L.U.||Moll de Barcelona s/n, World Trade Center - Edificio norte, planta 1, 08039 Barcelona, Spain||ES B80520620|
|Portugal||VF Apparel Portugal Lda||Rua Dr. Antonio Loureiro Borges, n?1, 2? Andar- 1495-131 Alges Portugal||PT 507157389|
|Poland||VF Polska Distribution Sp. z o.o.||Ul. Cybernetyki 9, Warszawa 02-677, Poland||PL 5262616408|
|Norway||VF Norway AS||Leangbukta 40, 1392 Vettre, 0220 Asker, Norway||NO916 474 873MVA|
3. Are descriptions of Products and prices flawless?
We do our best to ensure that the information Stores provide about Products is accurate and up-to-date. However we do not guarantee that there will be no errors in the description and/or pricing of the Products, or that Products will always be available if you wish to place an Order with a Store to purchase them. In case of errors, we will do our best to correct these as soon as possible.
Also, the colours you see on your screen from a Store may depend on your computer system and settings, so we cannot guarantee that your computer will accurately display such colors.
We reserve the right to modify the information about Products displayed from our Store, including as regards prices, description and availability. However, such changes will not affect Orders for which you have already received a Shipping Confirmation email (see below).
4. How do I make a Virtual Shopping purchase from a Store?
We describe here all the steps necessary to make a Virtual Shopping purchase from a Store.
1st step: you make an appointment
To make a purchase through a participating Store, you first need to book an appointment through The North Face’s dedicated appointment page (“Appointment Page”), which is provided by the third-party Yoobic.
2nd step: your appointment
You will then be contacted at the time of your appointment by personnel from the relevant Store using the contact details you have provided under the 1st step, either by phone, WhatsApp, Zoom or Yoobic video call, as the case may be.
During your appointment, you will be virtually shown Products from the relevant Store, the same way as a normal in-store experience.
If you would like to place an Order, you will be asked to select your preferred method for receipt of the relevant payment link, whether via email, or phone message (either SMS or internet-based chat) and, once you have confirmed your preferred method, the call will then be closed.
3rd step: Pay-By-Link
You will then receive the payment link through the preferred method.
By clicking on the payment link, you will be directed to a payment page controlled by our payment provider, Adyen.
The payment page will contain basic information about your Order (such as information about the Products (brand, model name, colour, size) and the total amount due, including all applicable taxes and delivery costs.
The payment page will also contain a form where you will be asked to provide your credit card data and your address.
Please note that:
- You must use a credit card that you personally own, and and that is accepted by us (see part C Payment Terms, below), and
- The address you insert will be used as both billing and shipping address for us to ship the Products to you.
We will not be able to accept Orders placed in any way other than as detailed above. When you have finished filling-in the payment page, please submit the payment by clicking on the payment button available on the page.
The personnel in Store will only receive confirmation of your payment, your shipping address and a unique payment ID generated by the Adyen portal. None of your payment information will be provided to Stores.
The personnel in Store will then process the transaction in the relevant Store till and print the relevant receipt which will be added to your Order, and also emailed to you if you so request from the Store. Please note that any terms set out on the back of the till receipt relate to in-store purchases only and are not applicable to these Virtual Shopping purchase. In the event of any conflict or inconsistency between the till receipt and these Virtual Shopping Terms, these Virtual Shopping Terms will prevail.
Please note that the payment link expires in 1 (one) hour from the moment you receive it.
Please keep the till receipt and ship it back to us in case you return the Products (see paragraph D “Return terms” below).
4th step: we confirm that Products are ready for shipment – Contract Concluded!
When your Order has been processed, the relevant Store will pack your Product, the till receipt and the return form into a box. We will then send you an email confirming that the Products are ready for shipment ("Shipping Confirmation email").
Once you receive the Shipping Confirmation email, your Order has been finally accepted by us and the purchase contract between you and us is concluded. Such a contract is comprised of your Order and these Virtual Shopping Terms. No other terms and conditions shall apply.
The Shipping Confirmation email will contain a link to these Virtual Shopping Terms applicable at the time the purchase contract is concluded, for your future reference. We recommend that you download or print and store a copy of these Virtual Shopping Terms on your computer or mobile device, if you have not already done so.
When Orders are not accepted
While we do our best to always accept Orders, we could however refuse an Order in the following limited cases:
- you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information, shipping address;
- we discover that there was a blatant error relating to the Products you ordered, for example as regards the price or description displayed;
- the Products you ordered are unfortunately out of stock or no longer available;
- you have used an expired payment link;
- We have reasonable grounds to believe that you intend to resell the Products.
If we cannot accept your Order, we will contact you as soon as possible. If we cannot accept your Order (e.g. because the Products are no longer available, or because of an error in the price and/or other information), we will refund you any money you may have already been charged for such Products.
5. When will the Products be delivered? Can I track my shipment?
Please find details in Part B Delivery Terms, below.
You can track shipment of your Products by clicking on the "Track My Order" link in the Shipping Confirmation email. Please note such link will direct you to the courier's website, which is not controlled by us.
6. I want to return a Product purchased from a Store. What do I have to do?
We hope you are delighted with your purchase from The North Face however we understand if you wish to return any or all of the Products. You can return Products if you are not satisfied or you just change your mind within 30 days of receipt (right of withdrawal) and obtain a full refund of the purchase price.
Also, you can return faulty products within 2 years or the longer period that may be set forth by your local law (legal guarantee for consumer goods).
Please find full details, conditions and instructions on how to make a return in Part D Return Terms, below.
7. Who can I call if I have problems with a purchase or a Product or if I want to make a complaint? Does The North Face offer after-sale customer support?
If you experienced problems or want to make a complaint regarding a Product or a purchase made via a Store, or if you simply need after-sale assistance, you can contact or visit the relevant Store.
8. What is The North Face's liability if something goes wrong with a purchase or a Product?
Our obligation to pay damages to you shall be limited as follows:
(a) For damages caused by a breach of a material contractual obligation, we shall only be liable up to the amount of the typically foreseeable damage at the time of entering into the contract; we shall not be liable for damages caused by a breach of a non-material contractual obligation.
(b) The limitation of liability as set out above shall not apply to damages caused intentionally or by gross negligence, culpably caused personal injuries nor to any liability under the applicable laws on product liability and in case of any further mandatory liability. Furthermore, it shall not apply if and to the extent we have assumed a guaranty.
Please note that we cannot be held responsible for delays or failure to perform our obligations under these Virtual Shopping Terms if such delay or failure is caused by a force majeure event, as defined by applicable law, which may result for example from natural disasters, war or civil disturbances, strikes, government intervention, epidemics, pandemics, failures of our supplier(s), failure by you to give us a correct information or to effect due payments. We will inform you of any such unforeseen events as soon as possible after they occur and we will do our best to reduce their impact on our performance as reasonably possible. Should this interruption continue beyond a period of 2 weeks, you will be entitled to cancel the Order and get a full refund.
Nothing in these Virtual Shopping Terms shall affect your statutory rights as a consumer, such as your right of withdrawal or your statutory rights in respect of faulty goods.
9. Is my personal data collected and processed by Stores or during my purchase? Why? How?
10. What is the applicable law? And where can I bring proceedings?
These Virtual Shopping Terms are governed in all respects by the laws of the country of delivery applicable to your Order, without regard to its conflicts of laws rules, including, without limitation, your local legislation enacting the Consumer Rights Directive 2011/83/EU. The competent courts of that same country shall have exclusive jurisdiction in connection with any disputes arising out of a purchase made on this Site or any Product, save for any right under mandatory provision of applicable law to establish legal proceedings in the habitual place of residence or domicile of the consumers.
11. Mandatory consumer information on dispute resolution
Consumer information pursuant to the Consumer law on dispute resolution for consumers: We are not willing nor obliged to participate in any dispute resolution proceedings before a consumer arbitration panel.
Consumer information pursuant to Regulation (EU) No. 524/2013: For the purpose of settling consumer disputes out of court, the European Commission has established a platform for online dispute resolution (ODR). The ODR platform can be accessed at http://ec.europa.eu/consumers/odr/.
B. DELIVERY TERMS
- The cost of delivery is included in the total price communicated to you for your Order under the 3rd step of Section 4 above.
- We will deliver to the billing/shipping address you have provided in the payment page, using a well-established carrier.
- All items will be delivered within [3-5 working days] from the Shipping Confirmation email.
- Delivery is Monday to Saturday in UK.
You can track shipment of your Products by clicking on the "Track My Order" link in the Shipping Confirmation email. Please note such link will direct you to the courier's website, which is not controlled by us.
- It is our goal to deliver within the above mentioned times, however, delivery dates are not guaranteed as shipments are handled by third parties and are subject to carriers' local bank holidays.
- We will be unable to change the delivery address on Orders after completion of the payment process and final submission of the payment.
- Title to and risk of loss in your Products will pass to you when you take possession of the Products.
We currently only deliver in Belgium, Spain, France, Ireland, Germany the United Kingdom (including Northern Ireland and Isle of Man).
We do not deliver in British Overseas Territories, the Channel Islands, Gibraltar, British Forces Post Offices and French Overseas Territories.
C. PAYMENT TERMS
We accept the following payment methods from your own credit or debit card only for Virtual Shopping Purchases:
- China Union Pay
- Diners Club
Payment must be made in Euro in European Union countries, and in GBP in the UK.
Your Products will be supplied after your payment is cleared. If we cannot process payment and are unable to do so within 1 hour from the creation of the payment link, then your Order will be cancelled.
Payment by credit/debit card
If you pay by credit or debit card, you must supply your card details when you place your Order.
We reserve the right to verify the identity of the credit or debit card holder by requesting appropriate documentation.
All credit and debit card transactions in the Virtual Shopping procedure are processed by Adyen, a secure online gateway which will be responsible for holding and automated handling in a secure environment of the information relating to your payment details.
D. RETURN TERMS
Right of Withdrawal:
If you are not completely satisfied for any reason with the Products you received, or have simply changed your mind, we will gladly accept your return within 30 (thirty) calendar days from the date upon which you received delivery of the Products.
If you wish to exercise your right of withdrawal, you must inform the Store of your decision to withdraw from this contract by an unequivocal statement. You may use the model withdrawal form provided with your package or the statement below, or any other statement. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Products must be handled and kept with care and returned in their original state and packaging to the extent possible, with all original tags and labels attached. If you want to exchange the Products for a different size or colour, please return the item(s) and place a new order.
The shipping costs incurred to make the return will not be reimbursed.
You are only liable for any diminished value of the goods resulting from the handling other than that necessary to establish the nature, characteristics and functioning of the goods.
Please see full details below.
Legal guarantee for consumer goods:
In case of non-conformity, you can return faulty products in accordance with your statutory warranty rights for defective Products. In case of returns of faulty products under the statutory warranties you will be fully reimbursed, including for any shipping costs incurred to make the return.
Please see full details below.
HOW TO MAKE A RETURN
A - UNDER YOUR RIGHT TO WITHDRAWAL
If you want to make a return (exercise your right to withdrawal), you can either take the Product(s) back to the relevant Store, or ship the Product(s) back to the relevant store following the procedure detailed below.
You have the right to withdraw from this contract within 30 days without giving any reason.
The withdrawal period will expire after 30 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the (last) Product.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.1 –INFORM US / COMPLETE THE WITHDRAWAL FORM
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement. You may use the form included in your package or the below model withdrawal form, but it is not obligatory.
Fill in the Return/Withdrawal form which is provided with your package for the items you wish to return.
Alternatively, if you prefer, you can create your own return form, based on the “Model Cancellation Form” provided for by the European Union’s Consumer Rights Directive No. 2011/83, as follows.
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
2 - PACK YOUR RETURN + ADD THE TILL RECEIPT
Pack the items you would like to return with:
- the Return form
- the purchase receipt, if still in your possession
- (only in case of returns due to faulty Products under the statutory warranties) the receipt of the costs borne to book the return shipment
- We encourage you to reuse the polybag or box you received.
3 - DROP THE PRODUCTS TO THE CARRIER OR RETURN TO THE STORE
Drop the Products to the carrier of your choice, or take the Products to the relevant Store within the opening hours. If you would like to make an additional return, please contact the store and they will send you additional return forms/instructions.
4 - RETURN CONFIRMATION & REFUND
Upon receiving a return, we will inspect the status of returned Products and that we have received all the elements we need to manage the return and the refund, as specified above.
If our checks are successful, your return will be refunded by Adyen, our payment provider, to the same payment method as used for the purchase. The refund will include
- the amount originally paid for purchasing the Products (including delivery cost), and
- (only in case of returns due to faulty Products) the costs borne to book the return shipment.
These checks might take up to 2-3 business days after we’ve received the Products from the carrier.
We’ll send you an email to confirm your refund has been processed.
It could then take up to 14 days for the money to be credited back onto your account.
B - UNDER YOUR STATUTORY WARRANTY FOR FAULTY PRODUCTS.
If you want to make a return under your statutory warranty for faulty Products, you can either take the Product(s) back to the relevant Store, or ship the Product(s) back to the relevant store.
You can exercise your statutory warranty rights within the warranty period provided for by the consumer law applicable in your country.
Upon receiving a return, we will inspect the faulty Product(s) to confirm that the return falls under your statutory warranty and if so, the price you paid to purchase the Product, including the costs to return the Product to us (as long as you have provided us with evidence of these) we will refunded by Adyen, our payment provider, to the same payment method as used for the purchase.
In case of questions or if you need assistance please contact the Store
SCOPE – DATA CONTROLLER
WHAT INFORMATION WE PROCESS
We process your personal data that you provide to us when you:
- Interact with our third party booking provider Yoobic (e.g., by booking an appointment for a virtual shopping experience)
- purchase Products from us through the Virtual Shopping process in a participating Store
- contact the Store
WHY WE USE YOUR INFORMATION
We collect and process your personal data in order to:
- manage the booking process
- complete and manage your purchases and respond to your requests
- improve our Products and services
We do not sell or share your personal data to anyone.
PARTIES WITH WHICH WE SHARE YOUR INFORMATION
The Store may share your personal data with:
- third-party providers Yoobic and Adyen that help us to provide the Virtual Shopping experience (these recipients act on our behalf and under our instructions only);
- third parties in case of judicial processes, request by courts or authorities, other legal obligation, to defend our rights, or in case of merger, acquisition, or assets transfer.
Some of these recipients are located outside the EEA, but we ensure that your personal data remain at all times adequately protected (if the country of destination is not one that the EU Commission considers offers an adequate level of protection, we cover the data transfer by appropriate safeguards).
NECESSARY v. OPTIONAL INFORMATION
Some of your personal data are necessary to complete your purchase or to provide the service that you request from us. If you refuse to provide these personal data, it would make it impossible for us to complete the purchase or provide the requested service.
Only functional and required session cookies are retained during the Virtual Shopping process through the Yoobic landing page.
HOW TO CONTACT US
For any query or request relating to our use of your personal data, or to exercise your rights, you may contact firstname.lastname@example.org.
HOW LONG WE KEEP YOUR INFORMATION
We only keep your personal data for so long as necessary to achieve these purposes. This may be up to 10 years after the end of the contractual relationship with you (statute of limitation for legal claims in most EEA countries), unless a shorter or longer retention period applies under applicable data protection laws.
You may, at any moment, exercise your rights under data protection law, including (when applicable) your right of access, rectification, restriction, erasure, opposition (including objecting, at any time and for free, to the processing of your personal data for direct marketing), right to portability and your right to withdraw consent. You also have the right to lodge a complaint with the competent supervisory authority.
What is the content of this document? What happens to my personal data when I interact with the VF Group?
We collect and process your personal data in accordance with all applicable data protection laws and regulations, including, without limitation, the laws promulgated on the matter by the European Union, such as the General Data Protection Regulation (EU) 2016/679 of 27 April 2016 ("GDPR") and supplementing national provisions, if you are in the United Kingdom, the GDPR as incorporated into the laws of the United Kingdom (“UK GDPR”), as well as the orders and guidelines issues by the competent data protection authorities, as applicable (the "Data Protection Laws").
Who controls the processing of my personal data? Who is accountable for it?
The data controller of your personal data when you purchase goods from us is the local entity of the VF Group that sells the goods to you through the Virtual Shopping process. This local entity is also the data controller of the personal data that you provide when you interact with our customer service. The relevant VF company is identified on your purchase receipt.
The affiliate company VF INTERNATIONAL S.A.G.L., Via Laveggio 5, 6855 – Stabio, Switzerland, may provide services to the above mentioned Data Controller, such as, for example, hosting and management services with regards to the VF webpages you may access as part of the Virtual Selling process.
VF Group's Data Protection Officer may be contacted via our Privacy Office Europe at email@example.com.
What personal data are processed?
Automatic Information Collection on the VF Digital Platforms
Information you provide voluntarily to us:
We collect and process:
personal data that you provide when you interact with us, through VF webpage, for example, when you book an appointment for the Virtual Shopping process. This personal data may include:
- your name, e-mail address, telephone number
personal data that you provide when you purchase goods from us (from a participating Store through the Virtual Shopping process) or interact with a Store for customer service purposes. This personal data may include:
- your name, e-mail address, telephone number
- the history of Products you purchase
- details regarding your transaction
- information regarding the reasons why you contacted customer service
For what purposes are my personal data processed?
We collect and process your personal data for the following purposes:
to manage your purchases of goods (through the Virtual Shopping process with our Stores):
- this includes all activities relating to the purchase of goods, such as for example delivery of goods, billing, returning and exchanging of goods, receiving refunds, , as applicable, payment related activities;
to provide you with our customer-service (see details section 3 below), including:
- to provide you with after-sale services;
- to respond to your request(s) of information, question(s), communication(s) or feedback
- for internal training purposes and improvement of our customer-service;
for other purposes:
- for fraud prevention purposes, through internal procedures aimed at verifying the regularity of transactions, to protect our financial integrity and to protect you against the misuse of data and fraudulent purchases; and
- to comply with our obligations under applicable laws, regulations and to assess and defend a legal right.
- to operate and manage the VF webpage, including to provide you with the goods through the Virtual Shopping process.
What are the legal bases for the processing of my personal data as described herein?
We will collect and process your personal data for the purposes described in the Section "For what purposes are my personal data processed?" on one of the following legal bases:
- The processing of your personal data is necessary for performance of a contract with you or in order to take steps prior to entering into a contract with you at your request (Article 6, 1., (b) of the UK GDPR);
- The processing is necessary for the purposes of our legitimate interests or our affiliates' or other third parties' legitimate interests, and such interests are not overridden by your interests or fundamental rights and freedoms (Article 6, 1., (f) of the UK GDPR); The legitimate interests that we pursue notably include our interest to manage and maintain the contractual relationship with you, to answer to your specific requests, to ask your feedback in order to improve our services and Products, or to pursue other general marketing activities.
- Where your specific consent is required to the processing of your personal data as described herein, your personal data will be processed based on such consent (Article 6, 1., (a) of the UK GDPR);
How long will my personal be data processed?
Personal data are not kept for longer than the time necessary to achieve the specific data processing purposes described herein. This may be up to 10 years after the end of the contractual relationship with you (statute of limitation for legal claims in most EEA countries), unless a shorter or longer retention period applies under applicable laws.
Are my personal data safe?
We are committed to protect the security and confidentiality of your personal data. We take – and require that any service provider and/or third party processor processing personal data on our behalf and on our instructions takes – appropriate technical and organizational measures 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.
We deploy a variety of advanced security technologies and procedures to help protecting personal data against the risks outlined above. For example, personal data provided by users 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.
However, please note that no electronic transmission or storage of information is 100% secure. Therefore, despite the security measures that we have put in place to protect your personal data, we cannot guarantee that loss, misuse, or alteration of data will never occur.
Where do my personal data go? Who are the recipients, where is it transferred and for what purposes?
Personal data collected through the VF webpage, as part of the virtual sale of goods by our Stores and as part of our customer service, are stored on the servers provided and managed by our third-party storage and hosting providers, with servers located in the European Union and/or the United Kingdom. Certain personal data collected as part of the sale of goods in our stores might also be stored locally in the store. All these personal data may be shared with recipients as detailed below.
- Your personal data will be accessible within our organization by the internal and external personnel that need to access it because of their duties in relation to the processing purposes herein specified. We ensure that these persons are held by appropriate security and confidentiality duties.
Your personal data may also be accessible by third party service provider that we appoint to process personal data on our behalf and on our instructions (as data processors). These data processors include:
- third party service providers to which we may revert to for performance of professional, technical and organizational services functional to the managing of the VF webpage and the activities performed therein;
- third party service providers to which we revert for closing purchase transactions and payment processing through our e-commerce platform e.g. Adyen;
- third party service providers that are managing and supporting the Virtual Shopping process and all the pre- and post-sale activities, such as, order processing, performance marketing, financial services, warehouse management, and customer relationship management;
- A list of these data processors, with indication of where they are located, is available upon request to our Privacy Office. These data processors are bound by appropriate contractual obligations to implement adequate security measures to protect security and confidentiality of personal data.
- Your personal data may also be communicated to other companies of the VF Group within the European Economic Area, processing personal data on behalf of the data controller(s) identified above. A list of these VF Group's companies, with indication of where they are located, is available upon request to our Privacy Office. For example, VF Europe BV may provide accounting and back-office services and VF Northern Europe Ltd may provide post-sale customer services, as data processors.
- Your personal data may also be shared with institutions, authorities, public entities, banks and financial institutions, professionals, independent consultants, also in associate form, business partners or other legitimate recipients as permitted by applicable laws and regulations, for example in case of judicial processes, request by competent courts and authorities or other legal obligation, to protect and defend our rights and property.
- Lastly, we may also communicate your personal data to third parties in case of mergers, acquisitions, transfers of any of our assets, Products, websites or operations.
Except for the foregoing, 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 us.
Personal data will not be communicated to third parties for their own marketing purposes.
Such transfers take place on the processing bases identified in Section 3 above.
These abovementioned recipients may be located in countries other than the country in which personal data was originally collected, it being noted that your personal data will in principle only be transferred within the European Economic Area or other countries recognized by the EU Commission (or in respect of the UK an adequacy regulation under the UK GDPR) as adducing an adequate level of protection of personal data.
In case any of the above recipient is established in a country outside the UK or EEA that is not covered by an adequacy decision of the European Commission (or in respect of the UK an adequacy regulation under the UK GDPR) and therefore does not provide the same level of protection for your personal as in the EEA or UK, we shall implement appropriate safeguards, including, but not limited to relevant data transfer agreements based on the EU Commission Standard Contractual Clauses for the transfer of data to third countries or binding corporate rules. A copy of these appropriate safeguards may be obtained by contacting our Privacy Office at firstname.lastname@example.org
Am I obliged to provide my personal data? What are the consequences if I refuse to provide them?
Except in relation to the surfing data (please refer to the above section 3 - "What personal data are processed? ), providing your personal data may be a requirement necessary to enter into or to perform a contract, such as a purchase contract in the context of the Virtual Shopping process, to reply to and manage request of information, questions, communication or feedback. In the above referenced circumstances, refusal to provide your personal data would make it impossible for us to perform the contract or to provide the requested services, Products or information as above specified.
Does the VF webpage contain elements controlled by third parties? Who is responsible and liable for these elements?
The VF webpage may contain links to other sites, as well as objects or elements controlled by third parties e.g. Yoobic or Adyen.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.
We only use strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.
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What are my rights in relation to the processing of my personal data and how can I exercise them?
You are entitled at any moment to enforce the rights available to you under applicable Data Protection Laws, including, but not limited, to the right of access, rectification, restriction, erasure, opposition (including objecting, at any time and for free, to the processing of your personal data for direct marketing purposes), right to portability as well as the right to withdraw your consent. You also have the right to lodge a complaint with the competent supervisory authority.
For any query or request relating to the personal data processing by VF and to enforce the rights under Data Protection Laws, you may contact our Privacy Office at email@example.com.
Appendix 1 - Data Subject's Rights
Right of access
Subject to applicable law, you have the right to obtain confirmation from us as to whether or not personal data that concerns you is processed, and, if so, to request access to such personal data including, without limitation, the categories of personal data concerned, the purposes of the processing and the recipients or categories of recipients. However, we do have to take into account the rights and freedoms of others, so this is not an absolute right. If you request more than one copy of the personal data undergoing processing, we may charge a reasonable fee based on administrative costs.
Right to rectification
You have the right to request from us the rectification of inaccurate personal data concerning you. Depending on the purposes of the processing, you also have the right to request that incomplete personal data be completed, including by means of providing a supplementary statement.
Right to erasure ('right to be forgotten')
You have the right to request from us the erasure of personal data concerning you in certain circumstances as defined under applicable law. When your request falls within one of those circumstances, we will erase your personal data without undue delay. If, for technical and organisational reasons, we were not able to erase your personal data, we will ensure that it is fully and irreversibly anonymized so that we will no longer be holding such personal data about you.
Right to restriction of processing
In certain circumstances as defined under applicable law, you have the right to request the restriction of processing of your personal data. In such case, your personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest.
Right to data portability
In certain circumstances as defined under applicable law, you have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you may have the right to transmit that data to another data controller or to have such personal data transmitted directly from us to another data controller, where technically feasible.
Right to object
In certain circumstances as defined under applicable law, you have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data by us and we can be required to no longer process your personal data unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims. This notably applies in case of processing of your personal data based on our legitimate interests or for statistical purposes.
Right to object to direct marketing
Where your personal data are processed for direct marketing purposes, you have the right to object at any time to processing for such direct marketing (including profiling related to such direct marketing).
Right not to be subject to a decision based solely on automated processing,
Subject to certain restrictions, you have the right not to be subject to a decision based solely on automated processed, including profiling, which produces legal effects on you similarly significantly affects you.
Right to withdraw consent
If you wish to access such personal data or exercise any of the rights listed above, you should apply in writing, providing evidence of your identity, to our Privacy Office at firstname.lastname@example.org.
Any communication from us in relation to your rights as detailed above will be provided free of charge. However, in case of requests that are manifestly unfounded or excessive, in particular because of their repetitive character, we may charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested; or refuse to act on the request.
In case you have a complaint about the processing of your personal data, you have the right to lodge a complaint with a competent supervisory authority.