PREMISES
VF EUROPE B.V.B.A. - JANSPORT Division, whose registered office is at Fountain Business park C. Van Kerkhovenstraat, 110 Building 2/4, B-2880 Bornem, Belgium, RPR number 405.039.138 (Mechelen) ("JANSPORT"), as licensee of JANSPORT APPAREL CORP., owner of the JANSPORT trademarks, operates the European version of the web-site www.jansport.com, under the following URL address: http://www.jansport.com/js_home_eu.php (the "Site"). The project was carried out with the highest standards of commitment and accuracy with regard to the privacy's issues.
This document ("Privacy Policy") has the aim to explain to the Site's users the modalities by means of which JANSPORT intends to collect, manage, protect and use the users' information in relation with their interaction with the Site and their exploitation of the services and functions offered by the Site. The Privacy Policy has been drawn up in compliance with the Belgian Data Protection Act dated 8 December 1992, as amended by the Act of 11 December 1998 (the "Data Protection Act"). The Privacy Policy provides the users with the information concerning the purposes, features and conditions of the data processing and specifies the identity of the Data Controller which is in charge for the management and protection of the personal data collected and processed through the Site. The Privacy Policy also lists the collected personal data as well as the modalities and purposes of the processing, including all the information concerning the eventual sharing of the users' personal data with third parties, the security measures which have been applied with the aim at protecting such data together with the modalities by means of which any user may verify the processing of data relating to the user and enforce the user's rights as acknowledged under the Data Protection Act.
The Privacy Policy refers exclusively to the aforementioned Site, with the exclusion of any other web-site that might be quoted in the Site or linked to the Site.
Data Controller
The data controller for the processing performed through the Site is VF EUROPE BVBA - JANSPORT Division, that can be contacted as follows: Fountain Business park C. Van Kerkhovenstraat, 110 Building 2/4, B-2880 Bornem, Belgium or by email through the proper form therein provided: http://www.jansport.com/js_contactus.php. With reference to the exercise of the rights of user, as provided under the Data Protection Act, user can contact JANSPORT as follows:
Phone: Tel: +32-3298-2000
Or by traditional mail to be addressed at the aforementioned registered office.
Nature of the collected information
The Site surfing is free, and the use of the related informative contents is allowed to all the users needless of record and hence, the utilization of the Site does not imply collection and processing of personal data of the users with the exception of the data collecting and processing activities necessary for the consultation of the Site, as will be hereinafter specified with regard to the so-called surfing data.
The data processing of the Site's users is limited to the so-called surfing data. Their transmission to the Site is implicit in the functioning of the information systems in charge of the managing of the Site and in the use of communication protocols proper of the Internet. Surfing data are, for example, IP addresses or the domain names of the computers employed by the users who connect to the Site and other parameters relating to the type and the information operating system employed by the users. Surfing data might allow the user identification through the data processing and matching with the information available to third parties. The data collection and processing carried out by JANSPORT does not aim at identifying the user, but rather it aims at statistical purposes in relation with the Site access and use in anonymous form. Furthermore the object is to monitor the correct Site functioning and optimize its content, always in anonymous form. Surfing data might be used to investigate possible liabilities in case of eventual computer-related crimes that can damage the Site, or crimes that have been committed through the Site. JANSPORT keeps the users' surfing data only temporarily and in any case in accordance with applicable legislation.
Furthermore JANSPORT collects and processes personal data that are voluntarily provided by the user upon the interaction with the Site functionalities and request of the services offered by the Site. For example: in case of user request of information, or user sending to JANSPORT of a question or a communication through traditional mail or Site.
Should the latter be the case, user will be required to provide the following information:
1. Data that allow the direct identification of the user:
Name of the user: the data allows identifying the user.
User's email: this is an essential data to contact the user.
The above being states, with the user's consent, which is optional, JANSPORT may also collect general and particular data on user for profiling and statistical purposes, as well as for marketing purposes, notably to send user weekly or monthly through the newsletter that user can subscribe to on the Site containing information on our products, on JANSPORT and promotional or marketing events and similar initiatives organized by JANSPORT or to which JANSPORT takes part to (for example, events sponsorships, information on new product collections, new promotional actions, etc.), including possible invitations to said events and initiatives. User can always oppose receiving marketing communications through e-mal: every communication will contain a special section indicating the methods for withdrawing user's consent.
Should the latter be the case, user will be required to provide the following information:
1. Data that do not allow the direct identification of the user:
(i) Gender;
(ii) City of residence + Country of origin;
(iii) Age;
2. Data that allow the direct identification of the user:
(i) First name + Last name;
In the specific section of the Site where the aforementioned personal data are collected, a specific information statement according to the provisions of the Data Protection Act is published http://www.jansport.com/js_contactus.php.
When required under the Data Protection Act, the Data Processor will obtain user's consent before commencing with the processing of his/her personal data.
We do not share or disclose user's personal information with any third party unless we have his/her permission or are required by law to do so.
Storing of the collected personal data
Personal data processing operations that are connected to the Site activities and services are carried out in the aforementioned JANSPORT's registered office. Furthermore, other companies of VF CORP. group outside of Belgium, including in third countries that do not adduce the same level of data protection as in the European Economic Area, such as but not limited to the United States of America, may be involved in the data processing in relation to the functionalities and services offered through the Site. Please refer to the below section on the extent of data communication.
Use of cookies
A cookie is a piece of text that is placed on the hard driver of user's computer. If user agrees, then the browser adds the text in a small file. The purpose of a cookie is to help us analyze web traffic or let us know when user visits a particular page. Cookies allow a web application to respond to any user. By gathering and remembering information about user preferences, the web application can tailor its operation to its needs, likes and dislikes.
We use traffic log cookies to identify what pages are being used and which ones aren't. This helps us aggregate and analyze data about web page traffic and make improvements to the Site to better meet customer needs. In this case, we use this information only for statistical analysis purposes and then the data is removed from the system. Denial of a traffic log cookie should not prevent user from using the Site.
Cookies help us give user a better Site to use, by letting us monitor what's working and what isn't through site traffic analysis. We want to be sure user understands that accepting a cookie in no way gives us access to its computer or any personal information about user, other than the data user chooses to share with us. The cookies do not allow JANSPORT any kind of control on the user's computer. The Help Section (Help) of the Tool bar, that can be found on most of the browsers, shows how avoiding the reception of cookies by the browser, web bacons and other interactive technologies. Furthermore the Help Section explains how being informed on the reception of such technologies or how disabling them. The disabling of the cookies could limit the use range of the Site and prevent the user from benefiting from the functions of the Site services.
Purposes and conditions of the personal data processing
The personal data that are voluntarily provided by the user will be used by JANSPORT to comply with obligations imposed by laws, regulations and Community legislation, to establish or defend a legal claim of JANSPORT, reply to questions mentioned by user and communication as well as to provide the information required by the user, and to manage the user's interaction with the Site services and functionalities. With user's consent, data will also be processed for marketing purposes as above specified.
The personal data collected by JANSPORT are mainly processed through automated tools under procedures and logics functional to the processing purposes specified in this Privacy Policy. However they are also processed without any electronic support. The data will be processed and managed limited to the time necessary to reach the aforementioned purposes.
Security measures
The access to the information collected by JANSPORT is allowed only to authorized JANSPORT staff members in charge of the processing. Should JANSPORT ask any third party to access the data, in order to perform specific processing services, as provided in this Privacy Policy, JANSPORT shall then select only trusted professional companies. JANSPORT shall authorize access to the personal data only when it is necessary to perform specific services and activities for JANSPORT.
Personal data are processed by JANSPORT in compliance with the security provisions as set forth by applicable laws and regulations in order to prevent loss of data, unlawful or unfair use of data and unauthorized access to data. Moreover, information systems and software programs are stored on secured servers placed in controlled locations and they are configured by reducing to the minimum the use of personal and identification when they are not necessary in relation to the specific data processing purpose form time to time sought.
Extent of personal data communication
JANSPORT communicates personal data of the user within the limits and methods that are specified in this Privacy Policy and in the information statement published on the Site in the sections where data are collected. The data processing will take place in any case in accordance with the consent granted by the user upon data collection, when required by the Data Protection Act.
Within JANSPORT's company, user's personal data will be accessible by the internal and external personnel that need to access them because of their duties in relation to the processing purposes herein specified as persons charged with data processing operations, and by the Processor, if appointed. The complete and updated list of Processors, if appointed and of the subjects to which data may be communicated will remain at user disposal free of charge upon request at JANSPORT.
Furthermore personal data of the user can be communicated to professionals, independent consultants, business partners of JANSPORT, notably third parties to which JANSPORT may revert to in relation to performance of business, professional and technical services functional to the managing of the Site and its functionalities, and third parties that offer services strictly functional to performance of the services offered on the Site. User personal data may also be communicated to other companies and subsidiaries of the JANSPORT group that will process data according to applicable privacy legislation for performance of the processing activities and achievement of the processing purposes herein specified, and to third parties in case of mergers, acquisitions, transfer of any of our assets, products, sites 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 and to keep it confidential and secure.
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 JANSPORT.
The data can also be communicated to anybody who is the lawful receiver of communication under laws and regulations, for example in case of information requested by governmental authorities or legal provisions, and if JANSPORT in good faith holds the data communication as necessary to comply with obligations deriving from applicable legislation, to protect and defend the rights and property of JANSPORT and the Site. In any case, said third parties will be provided only with the information necessary to perform their respective functions. They will process the data as Controllers, Processors or persons in charge of the data processing, as the case may be, for the same purposes that are specified in this Privacy Policy.
The user's personal data shall not be communicated to third parties who might process them for their own promotional purposes and moreover the data will under no circumstance be spread.
Providing of personal data
Except for what stated above concerning the so-called surfing data, providing of data by the user is mandatory for the activities necessary to comply with applicable legislation; is necessary for the supplying of the information and answers required by user and to manage user interaction with the Site and the services and functionalities offered through the Site as above described. Denial of providing user's data would make it impossible for JANSPORT to provide user with the requested information, answers and activities as above specified.
Providing of data by user for statistical, profiling and marketing purposes is optional; denial of providing user's data for said purposes will have no consequence.
User's rights
User is entitled to enforce at any moment the rights as provided under the Data Protection Act, including but not limited to the right to receive in any moment the confirmation of the existence of its personal data, and to verify their content and origin. It is also entitled to verify the accurateness of said data, to ask their update, integration, correction, and cancellation, transformation in anonymous form. User has also the right to block the data that have been processed in violation of the laws and regulations, and user can oppose the data processing for legitimate reasons. User also have the right to object, at any time and for free, to the processing of his/her data for direct marketing purposes.
For any question or request concerning the processing of the personal data of the user by JANSPORT, and to enforce the rights under the Data Protection Act, user may contact JANSPORT as follows: VF Europe BVBA - JANSPORT Division, Marketing Dept. Emea, whose registered office is at Fountain Business park C. Van Kerkhovenstraat, 110 Building 2/4, B-2880 Bornem, Belgium:
Phone: Tel: +32-3298-2000
Or by sending an e-mail through the proper form provided at the following link: http://www.jansport.com/js_contactus.php.
Links to other sites
The Site provides also users with links to other web-sites (including web sites owned by other companies belonging to VF Corp. Group). JANSPORT does not have any access or control over the user's personal data collection and processing that is carried out by these third parties. JANSPORT openly refuses any responsibility concerning the collection and processing of user's personal data carried out by other web-sites which were linked in the Site. JANSPORT encourages the user to read the privacy policy of other web-sites that are accessed by the user, in order to know the methods of the data collection and processing.
This Privacy Policy is subject to updating by JANSPORT.
The version published on the Site is the version actually in force. If JANSPORT changes in any way this Privacy Policy, JANSPORT will notify user of such changes by posting a link on the home page of the Site to the privacy policy of the Site as amended that reads "Newly Revised Privacy Policy". JANSPORT 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: April 8th 2009.