PRIVACY POLICY

Purposes of the Processing. Vibram FiveFingers LLC (“Vibram”) directly and through its affiliated companies may collect and process, as data controller, the Personal Data (as defined below) of users of the website us.vibram.com (“Web Site”), in accordance with the conditions set forth herein and with the applicable laws. This Privacy Policy applies only to data collected through the Web Site.

If you do not accept the provisions of this Privacy Policy regarding the processing of your Personal Data, Vibram will not be able to proceed with your transaction, registration or other services and/or will not be able to perform the services requested.  BY USING THE WEB SITE, YOU CONSENT TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND TO OUR PROCESSING OF PERSONAL DATA FOR THE PURPOSES STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THE WEB SITE.

INFORMATION COLLECTION:

Personal Data. Vibram collects personal information from visitors to the Web Site in a number of different ways, including when a user: (i) purchases products on the Web Site; (ii) creates or updates an account on the Web Site; (iii) subscribes to e-mail newsletters or updates; (iv) submits product reviews; (v) participates in contests, sweepstakes, and other promotions; or (vi) contacts Vibram by e-mail or telephone. The personal information Vibram collects include name, email address, gender, date of birth, credit card number, home, billing and/or shipping address, country, telephone number, and date of birth, taxpayer number (“Personal Data”). The above provides an example of the Personal Data that may be collected on the Web Site. If you do not want Vibram to collect your Personal Data, please do not provide it to us.

Non-Personal Data.  In addition to Personal Data, Vibram also collects non-personal information from visitors to the Web Site using automated tools to store, manage and transmit the data.  “Non-Personal Data” can be technical information or it can be demographic information, such as your age, gender or interests. Non-Personal Data does NOT identify you personally. Here are some examples of the Non-Personal Data that is collected via the Web Site and a description of how this information is used:

  • Internet Protocol (IP) address. Your IP address is a number that lets computers attached to the Internet know where to send you data – such as the webpages you view. We use this information to deliver our webpages to you upon request, to tailor our Web Site to the interests of our users and to measure traffic within our Web Site.
  • Cookies. Some pages of the Web Site can use a common technology called "cookies". Cookies are small text files that are stored by your browser on your computer’s hard drive. Cookies allow Vibram to count the number of unique and return visitors to the Web Site. Vibram may also use cookies to measure activity on the Web Site, which allows Vibram to improve navigation throughout the Web Site. In addition, cookies may contain information (such as a unique user ID) that logs the pages of the Web Site you have visited and the products you viewed or searched for. Finally, Vibram may use cookies to identify your IP address, browser version, number of visits, and similar data relating to your navigation of the internet and the Web Site. If you do not wish to accept cookies, you can disable them with reference to the pages of third parties using your browser instructions on cookie removal.  Keep in mind you may not be able to view certain sections of the website.
  • Web Beacons (also known as “clear gifs,” “web bugs” or “pixel tags”). “Web Beacons” are tiny graphics with a unique identifier, similar in function to cookies, and are used to allow us to count users who have visited certain pages of the Web Site and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, web beacons can tell the sender whether and when the email has been opened. In contrast to cookies, which are stored on a user’s computer hard drive, web beacons are embedded invisibly on web pages.
  • Demographic Information. “Demographic Information” may be your gender, age, zip code and interests, which you voluntarily provide to us on the Web Site. We use this information to provide you with personalized services and to analyze trends to ensure the information provided by the Web Site meets your needs.

 

Please note that we also consider aggregated information, which is not personally identifiable, to be Non-Personal Data. The above list provides an example of the Non-Personal Data that is collected via the Web Site.

USE OF INFORMATION:

Personal Data. We use your Personal Data that is collected on the Web Site primarily for the following purposes:

  • To forward promotional materials;
  • To complete a transaction or service requested by you;
  • To fulfill the terms of a promotion;
  • To ensure the Web Site and our services are relevant to your needs;
  • To help us create and publish content most relevant to you;
  • To notify you about a material change to this Privacy Policy, if necessary;
  • To allow you access to limited-entry areas of the Web Site;
  • To contact you in response to your request; and
  • In other manners as disclosed to you at the time of collection.

Non-Personal Data. Non-Personal Data is used as described above and in other ways as permitted by applicable laws, including combining Non-Personal Data with Personal Data.

SHARING AND DISCLOSURE OF INFORMATION:

We may share or disclose your Personal Data in the following instances:

  • To complete your purchase. If you choose to make a purchase on the Web Site, we may collect from you your credit card number, billing address and other information related to such purchase, and we may use such collected information in order to fulfill your purchase. We may also provide such information, or other Personal Data provided by you, to unaffiliated third parties as necessary to complete your purchase (for example, to process your credit card).
  • To fulfill a service to you. For example, if you ask us to provide you with additional information or to provide additional information about items, we may share your Personal Data in order to confirm your purchase and fulfill your request. In addition, if you email us a question, we may use your email address to process your request and respond to your question. Also, if you are entering a sweepstakes or contest, we may use your Personal Data in order to fulfill the terms of that promotion. This means that we may share the information for prize fulfillment purposes or mail carriers. We also may share your information with the co-sponsor of that promotion.
  • To affiliates, strategic partners, agents, third party marketers or other unaffiliated parties who are offering products or services that we believe may be of interest to you or who require your Personal Data for research, administrative and/or internal business purposes. These parties may use your Personal Data to contact you with an offer or advertisement related to a product or service, or they may use such information for their own research, administration or business purposes. If you do not want us to share your Personal Data in this manner, please do not provide us with this information.
  • To unaffiliated third-party service providers, agents or independent contractors who help us maintain our Web Site and provide other administrative services to us (including, but not limited to, order processing and fulfillment, providing customer service, maintaining and analyzing data, sending customer communications on Vibram’s behalf, and entry collection, winner selection and prize fulfillment for contests, sweepstakes and other promotions). We seek to ensure that these unaffiliated third parties will not use the Personal Data for any other purpose than to provide the administrative services for which they are responsible. Because such unaffiliated third-party service providers that help us administer our Web Site will have access to users’ Personal Data, if you do not wish for our unaffiliated third-party service providers to have access to your information, please do not register or submit any Personal Data to us.
  • To comply with the law or in the good faith belief that such action is necessary in order to conform to the requirements of law or comply with legal process served on us, protect and defend our rights or property, including the rights and property of Vibram and its Web Site or act in urgent circumstances to protect the personal safety of our end users.
  • To third parties as part of any corporate reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets.
  • To track and analyze non-identifying and aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties.
  • To protect against potential fraud, we may verify with third parties the information collected from the Web Site. In the course of such verification, we may receive Personal Data about you from such services. In particular, if you use a credit card or debit card to purchase services with us, we may use card authorization and fraud screening services to verify that your card information and address matches the information that you supplied to us, and that the card has not been reported as lost or stolen.

Except as described in this Privacy Policy or at the time we request the information, we do not otherwise use, share or otherwise disclose your Personal Data to any third parties.

Non-Personal Data. We use Non-Personal Data collected on the Web Site in the manner disclosed above. We may share this Non-Personal Data with third parties.

Children’s Data. Vibram does not knowingly collect or process the Personal Data of children under the age of 13.  If we discover that we have such information in our possession, we will immediately delete it.

International Transfer of Data. If you choose to provide us with Personal Data, Vibram may transfer that information to its affiliates and subsidiaries or to other third parties, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your Personal Data to the United States which does not have the same data protection laws as the EU and by providing your Personal Data you consent to:

  • the use of your Personal Data for the uses identified above in accordance with this Privacy Policy; and
  • the transfer of your Personal Data to the United States as indicated above.

Opt-Out. When you register on the Web Site or place an order through the Web Site, you expressly consent to receiving commercial communications by Vibram and/or to having Vibram perform marketing analysis using your Personal Data also to send you customized promotional communications. We provide you the opportunity to exercise an opt-out choice if you do not want to receive promotional communications from us, such as emails or updates from us regarding new services and products offered or if you do not want us to share your Personal Data with third parties. The opt-out choice may be exercised by ticking or un-ticking the appropriate box if such checkbox is available at the points where PII is collected or by contacting us. We will process your unsubscribe as soon as possible, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe is processed. You also may opt-out of receiving such emails by clicking on the “unsubscribe” link within the text of the email.

That said, please note that we also communicate with our customers and Web Site visitors on a regular basis via email. For example, we may use your email address to confirm your request, to send you notice of payments, to send you information about changes to our products and services, and to send notices and other disclosures as required by law. Generally, you cannot opt-out of these communications, but they will be primarily informational in nature rather than promotional.

Forums, Chat Rooms and Other Public Posting Areas. Please note that any information you include in a message you post to any chat room, forum or other public posting area is available to anyone with Internet access. If you do not want people to know your e-mail address, for example, do not include it in any message you post publicly. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS.

Third Party Web Sites. This Privacy Policy applies solely to information collected on the Web Site. The Web Site may contain links to other web sites. We are not responsible for the privacy practices or the content of these other web sites.

Third Party Advertisers. We may use advertisers, third party ad networks, and other advertising companies to serve advertisements on the Web Site. Please be advised that such advertising companies may gather information about your visit to the Web Site or other sites (such as through cookies, web beacons and other technologies) to enable such advertising companies to market products or services to you, to monitor which ads have been served to your browser and which webpages you were viewing when such ads were delivered. If you would like more information about this practice and to know your choices please click here. PLEASE NOTE THAT THIS POLICY DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY SUCH ADVERTISING COMPANIES.

Assignment. In the event that all or part of our assets or sold or acquired by another party, or in the event of a merger, you grant us the right to assign the Personal Data and Non-Personal Data collected via the Web Site.

Changes to this Privacy Policy. We reserve the right to change this Privacy Policy from time to time. When we do, we will also revise the “Last updated” date at the bottom of this Privacy Policy. For changes to this Privacy Policy that may be materially less restrictive on our use or disclosure of Personal Data you have provided to us, we may attempt to obtain your consent before implementing the change by sending a notice to the primary email address specified in your account or by placing a prominent notice on the Web Site.

Security Measures. Vibram has adopted appropriate administrative, physical, and technical measures and security tools in order to minimize the risks related to the loss or damage - even accidental - of the Personal Data, and unauthorized access to or processing of Personal Data. That said, no data transmission can be guaranteed to be 100% secure.  Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that ay information that you provide to Vibram is done at your own risk.

YOUR CALIFORNIA PRIVACY RIGHTS

Vibram does not support Do Not Track browser settings and does not currently participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your Personal Data or Non-Personal Data.

California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding Vibram’s disclosure of Personal Data to third parties for their direct marketing purposes. To make such a request, please contact us at the information provided below.

Accessing Personal Data. At any time you can be informed about the existence, content, source, purposes and methods of processing of Personal Data related to you, and the right to request rectification, erasure or blocking of such Personal Data, to the extent permitted under applicable laws. Please note that refusal to consent to providing and processing your Personal Data may prevent Vibram from its activities. To access, change, or delete your Personal Data, choose not to receive marketing or other promotional communications from us, to otherwise change your choices about how we use your Personal Data, or for any questions regarding this Privacy Policy, please contact Vibram at the following address:

Vibram FiveFingers LLC

Damon Mill Square, Suite H 3

Concord Ma, 01742

Tel: 978 318 0000

Fax: 978 831 1956

inquiry@vibram.com

 

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Last updated: October 30, 2015.