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Privacy Policy and Terms Of Use

Digital Privacy Policy

Effective and last updated February, 2016

Converse Canada Corp. has adopted this Digital Privacy Policy (Canada) ("Privacy Policy"), which describes why and how we collect and use your information, deemed personal or not, provided to us by you or generated through a variety of digital means. It also explains how we share and protect your information, as well as the choices you have relating to your information and how you can contact us. Converse Canada Corp., Converse Inc. (as our parent company), and Neon Corp. and Online Sneaker Supply Corp., as our duly authorized vendors (collectively, “Converse”, “we”, “our”, and “us”), may also use and collect your information on our behalf.

By accessing or using this website, mobile application or other Converse product or service (collectively, the “Platform”) on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you consent to our Privacy Policy. Converse may modify this Privacy Policy at any time effective upon notice thereof, which shall be posted, without limitation, on the Platform’s homepage or at the beginning of the updated Privacy Policy. We encourage you to regularly check the Privacy Policy for changes. Your continued use of our products and services constitutes your acceptance to this Privacy Policy and any updates. This Privacy Policy and the Terms of Use govern your use of the Platform.

While this Privacy Policy is intended to generally describe our privacy practices, our goal is to also provide more detailed information at times when it's most meaningful to you. Please look for these notices within the Platform. Converse’s authorized vendors managing the Platform are Neon Corp. and Online Sneaker Supply Corp.(“OSSC”).

Collecting Information

We collect and use your information which is necessary for the purposes identified in this Privacy Policy.

What You Give Us

We collect information you give us or permit us to access. Information may include, but is not limited to, your name, image, birth date, gender, data on physical characteristics (including height, weight, and other body measurements), email and physical address, telephone number, contact lists, social media information and profile, location (GPS) information, activity and performance information, and when necessary, credit card information.

If you share with us a third party’s email address or any other personal information, you must have that party’s consent, an existing business or other relationship with that party, or a personal or family relationship with that party. If this is not the case, then do not share that party’s email address or other personal information.

If you are using a third party’s credit card in connection with the Platform, you represent and warrant that you are duly authorized to use and disclose that information. If this is not the case, then do not share that party’s email address or other personal information.

What We Collect From You

We may automatically collect or generate information regarding your interaction with, and use of, our products and services. Information we may collect includes, but is not limited to, your telephone number, Device identifier and hardware information, IP address, browser type and language, cookie information, system type, whether you have enabling software to access certain features, access times, referring website URLs, information about your purchases and other information about your interactions with us.

What We Collect From other Converse Interactions and Third Parties

We may combine information you give us, or information collected from you, with other information from Converse sources, transactions and communications. This may include, but is not limited to, information from Converse stores, direct mail, catalogs, events, products and applications, or other Converse interactions. We may also combine that information with data that is publicly available and data from third parties. We also collect information about gift recipients provided by the giver.

Children's Privacy

Although the Platform is intended for persons who are of legal age, younger visitors may browse the Platform. As much as possible and if we are aware of it, we do not knowingly collect or solicit personal information from children under 13 without the consent of their parents or legal guardian.

Using Information

We may use your information to do the following:

Platform Functionalities

  • Enable your use of the Platform and related products and services
  • Enhance, customize and personalize your Converse experiences and communications with us
  • Use our features, such as placing an order for Converse products and other services or activities

Operate, Improve and Analyze

  • Operate, provide, improve and maintain Converse's products and services, including analyzing user behavior and trends
  • Send you administrative messages and other information about the Platform or Converse products, services or activities
  • Communicate with you about your purchase, account information or customer service

Provide and Conduct Marketing and Promotions

  • Communicate with you about our products, services and events, and for other promotional purposes
  • Administer contests, promotions, events, surveys or other features
  • Display relevant marketing to you

Other Purposes

We may also use your information in other ways and will provide specific notice at the time of collection and obtain your consent where necessary.

Sharing Information

Converse Family

In order to process your transaction for Converse products and for marketing purposes or other communications that you have opted to receive, we may provide your information to Converse companies and affiliates, including NIKE, Inc. and Hurley International LLC ("Converse Family"), some of which may be outside of Canada and the U.S.

Service Providers

We may transfer your information to Converse Family service providers to conduct our business. For example, they may handle credit card processing, shipping, data management, email distribution, market research, information analysis, and promotions management. We may also share your information to administer features (e.g. music download).

By Law or to Protect Rights

We may disclose information upon governmental request, in response to a court order, when required by law, to enforce our policies, or to protect our or others' rights, property or safety. We may share information to prevent illegal uses of Converse's products and services or violations of the Terms of Use, or to defend ourselves against third-party claims. We may also share information with companies assisting in fraud protection or investigation.

Business Transfers

Your information may be transferred to a third party as a part of our business assets in a sale of a part or all of Converse. If this should happen, notice will be provided by posting to the website or other form of communication and we will require that such third party agree that it will be similarly bound by the provisions of this Privacy Policy.

Public Sharing

Default Sharing

When you join or use certain services, you agree to publicly share a basic amount of information, which may include your username, city location, and profile picture. If you do not agree to that sharing, then please do not join or use those services.

Sharing You Choose

You may choose to share certain information. In order to participate in certain features, you may have to adjust your privacy settings and share more information. You may also choose to share your activity on other platforms, such as social networks. By using any link or feature related to a social network or any other third-party website, you agree that the information that you send through these third-party websites is subject to the privacy polices of those third parties. Please be aware that we do not control third-party websites and the fact that they are listed on the Platform does not incur Converse’s liability. We encourage you to read the privacy policies of these social networks and third-party websites.

Converse Sharing

You agree that all information that is publicly shared may be used by Converse for promotional purposes.

Protecting Information

Security Measures: We use a variety of security measures, including physical measures, encryption and authentication tools, to help protect your information. We use secure servers when you place orders. All credit card information you supply is transmitted via Secure Socket Layer (SSL) technology. We keep our mandatories and employees as well as our services providers informed of the content of our Privacy Policy and importance of protecting privacy, confidentiality and security of information. Access to your information is limited to persons who must have that access. Converse contracts with third-party providers for the storage of all information collected, including personal information. Your personal information is kept and stored on our behalf in the U.S. and Canada. All data is stored on servers with high-security safeguards and protected against misuse and access from unauthorized individuals.

No Guarantee

However, like other companies, and as no security measure is foolproof, we cannot guarantee 100% the security or confidentiality of the information you provide to us.

Collection Tools

How We Collect Information

Converse automatically collects information within our products and services or stored by your browser or Device. We use a variety of methods to collect this information, including, but not limited to, cookies and pixel tags/web beacons ("Collection Tools"). The information collected through the Collection Tools may include your (i) IP address; (ii) unique cookie identifier, cookie information and information on whether your Device has software to access certain features; (ii) unique Device identifier and Device type; (iv) domain, browser type and language; (v) operating system and system settings; (vi) country and time zone; (vii) previously visited websites; (viii) information about our interaction with your Platform such as click behavior, purchase and individual preferences; and (ix) access time and referring URLs. Collection Tools enable us to customize and improve our content according to your preferences.

In many cases, your web browser or Device platform will provide additional tools to allow you to control when your Device collects or shares particular categories of information. For example, your web browser or Device may offer tools to allow you to manage cookie usage or location sharing. We encourage you to familiarize yourself with and use the tools available on your Device.

Turning off Collection Tools

If you turn off certain Collection Tools, you may not have access to many features that make your experience more efficient and some of our services and features may not function properly. Note our websites may not recognize or respond to Do Not Track (DNT) headers from web browsers.

Third Party Tracking

We do not work with other companies who use tracking technologies to serve ads on our behalf across the Internet.

Choices

Modifying or Deleting Your Information

You can modify or delete your profile within certain of our services, through your account. Your information previously posted may still be publicly viewable. Converse may keep information and content in our backup files and archives.

Communication/Unsubscribe/Opt-Out

Regardless of the settings you select, Converse may send you service-related communications. To unsubscribe and stop receiving messages, please change your settings or follow the instructions in the email, text message, notification or other message type. If you have unsubscribed from any of our communications, due to production schedules, you may receive communications already in production.

International Users

Our digital operations are conducted, in whole or in part, in Canada and the United States. Regardless of where you live, you hereby express consent to have your personal data transferred, processed and stored in Canada and the United States, and allow Converse to use and collect your personal information in accordance with this Privacy Policy.

Retention of Your Information

We retain your information for as long as necessary to fulfill the purposes for which we collect it, except if otherwise required or permitted by law.

Terms of Use

Please visit our “Terms of Use (below)”, which explain other terms governing the use of the Platform and our products and services, including the governing law and jurisdiction.

Your Rights Related to your Personal Information

At all times, you have the right to withdraw your consent with respect to our use of your personal information. You also have the right to access your personal information and to modification or deletion, in the event your personal information as stored by us or on our behalf is incorrect or otherwise unlawful. Please refer to the “Contact Us” Section to find out more about you can communicate with use

Contact Us

We welcome your questions, comments and concerns about our Privacy Policy and privacy practices. If you wish to provide us with any feedback, or if you have any requests, questions or concerns about our Privacy Policy and privacy practices, please contact us at: Converse Consumer Services/Privacy, at: 1-800-806-6453 or Converse Consumer Services/Privacy, One Bowerman Drive, Beaverton, OR 97005.

converse.ca Terms of Use

Date of last revision: February 2016

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PLATFORM.

By accessing or using this website, mobile application or other Converse product or service (collectively the "Platform") on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law, whether or not you are a registered member of Converse Canada Corp., Converse Inc. (as our parent company), and Neon Corp. and Online Sneaker Supply Corp., as our duly authorized vendors (collectively, “Converse”, “we”, “our”, and “us”). Converse may change these Terms of Use at any time without notice, effective upon its posting to the Platform. Your continued use of the Platform shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Platform. Converse’s authorized vendors managing the Platform are Neon Corp. and Online Sneaker Supply Corp. (“OSSC”).

Intellectual Property

All intellectual property on the Platform (except for User Generated Content) is owned by Converse or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the Converse name and the Chuck Taylor All Star ankle patch design) are owned, registered and/or licensed by Converse. All content on the Platform (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work is protected by copyright and is the proprietary property of Converse; All rights reserved.

Platform Use Restrictions

You may use the Content only for your own non-commercial use to participate in the Platform or to place an order or purchase Converse products. You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Platform, including User Generated Content (defined below), without Converse's prior written consent, unless it is your own User Generated Content that you legally post on the Platform. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

Product Orders

Except where prohibited by law, all orders placed through the Platform are subject to Converse's acceptance. This means that Converse may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and, except for Quebec consumers or consumers of other jurisdictions where the following exclusions are prohibited, without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Converse will issue you a refund. If you return products with the original invoice and in the original package, Converse will issue you a refund within 30 days of receipt by Converse of those returns. If the products received by you from Converse are defective, then Converse will issue you a refund within 90 days of receipt by Converse of evidence of that defect.

Safeguard Your Username/Password

You are responsible for any actions that take place while using your Converse account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Platform. Converse is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.

Links

The Platform may contain links to websites, applications or other products or services operated by other companies ("Third Party Platforms"). Converse does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. Converse is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.

Mobile Services

The Platform contains services and features that are available to certain mobile Devices. Your carrier's normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using Converse's mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us, in each case consistent with our Privacy Policy. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don't send your messages to a different person.

Indemnification

You agree to indemnify, defend, and hold harmless Converse its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party.

Privacy

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Platform.

User Interaction Disclaimer

You are solely responsible for your interactions with other people, whether online or in person. Converse is not responsible or liable for any loss or damage resulting from any interaction with other Platform users, persons you meet through the Platform, or persons who find you because of information posted on, by or through the Platform. You agree to take reasonable precautions in all interactions with other users on the Platform, and conduct any necessary investigation before meeting another person. Converse is under no obligation to become involved with any user dispute, but may do so at its own discretion.

Warranty Disclaimer

Consumer protections laws in some jurisdiction, such as Quebec, do not allow for the limitations and exclusions of warranties on purchased products. If these laws apply to you, the following exclusions and limitations will not apply to you with respect to purchased products. The Platform, User Generated Content, Content, and the materials and products on this Platform are provided "AS IS" and without warranties of any kind. To the fullest extent permitted by law, Converse disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Converse cannot guarantee and does not promise any specific results from use of the Platform. Converse does not represent or warrant that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that this Platform or the server that makes the Platform available are free of viruses or anything else harmful. To the fullest extent permitted by law, Converse does not make any warranties or representations regarding the use of the materials or Content in the Platform in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk. Converse reserves the right to change any and all Content and other items used or contained in the Platform at any time without notice. Some jurisdictions do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

THIS SECTION IS NOT APPLICABLE TO QUEBEC CONSUMERS AND TO CONSUMERS OF OTHER JURISDICTIONS WHERE CONSUMER PROTECTION LEGISLATION PROHIBITS SUCH LIMITATIONS OF LIABILITY. CONVERSE IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT POSTED ON THE PLATFORM OR FOR ANY OFFENSIVE, UNLAWFUL OR OBJECTIONABLE CONTENT YOU MAY ENCOUNTER ON OR THROUGH THE PLATFORM. CONVERSE SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS PLATFORM, EVEN IF CONVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE AND ANY DAMAGE TO YOUR MOBILE DEVICE, COMPUTER SYSTEM OR OTHER DEVICE IN WHICH YOU ACCESS THE PLATFORM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST CONVERSE FOR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. THAT SAID, IF CONVERSE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS PLATFORM OR ANY CONTENT, CONVERSE'S LIABILITY SHALL NOT EXCEED CAN$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

CONVERSE IS NOT RESPONSIBLE OR LIABLE FOR ANY USER GENERATED CONTENT YOU MAY ENCOUNTER ON OR THROUGH THE PLATFORM. TO THE FULLEST EXTENT PERMITTED BY LAW, CONVERSE SHALL NOT BE LIABLE FOR ANY DAMAGE THAT RESULTS FROM THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A CONVERSE EVENT OR ANY USER GENERATED CONTENT, EVEN IF CONVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Miscellaneous

To the fullest extent permitted by law, you agree that this Platform shall be deemed a passive website solely based in Canada, which does not give rise to personal jurisdiction over Converse in jurisdictions other than Quebec. You agree that this Platform, Terms of Use, Privacy Policy and any dispute between you and Converse shall be governed in all respects by Canadian law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods.

Except for Quebec consumers and consumers of other jurisdictions where prohibited by consumer protection legislation or where otherwise prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Platform (including but not limited to the purchase of Converse products) shall be resolved exclusively in the provincial or federal courts located in Montreal, Quebec. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the courts of Montreal, Quebec. By using the Platform, you agree to receive certain electronic communications from Converse. You agree that any notice, agreement, disclosure or other communication that Converse sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Converse's failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. Converse may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

Severability

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

Termination

Converse reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Platform without notice if you are in breach of these Terms of Use or, with notice if you are not in breach of these Terms of Use. Converse also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Platform. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Platform, or on other platforms (e.g., Facebook, Twitter, Google, etc.), may continue to appear on the Platform or on other platforms even after your User Generated Content is removed or your account is terminated. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.