lululemon athletica ch gmbh ("lululemon"), AS A CONVENIENCE TO YOU, GRANTS YOU ACCESS TO ITS WEBSITES, ACCESSIBLE VIA WWW.LULULEMON.COM, WWW.LULULEMON.CA, WWW.LULULEMON.COM.HK, WWW.IVIVVA.COM ANDWWW.SEAWHEEZE.COM, ITS SUBDOMAINS (COLLECTIVELY, THE "SITES"), AND USE OF ITS APPLICATIONS (HEREINAFTER REFERRED TO AS THE “APPS”), CONDITIONED ON YOUR ACCEPTANCE OF THE TERMS, CONDITIONS AND NOTICES CONTAINED HEREIN (THE "TERMS OF USE") (TOGETHER WITH OUR COOKIE POLICY, PRIVACY POLICY, TERMS OF SALE AND ANY OTHER DOCUMENTS REFERRED TO HEREIN). FOR THE PURPOSES OF THESE TERMS OF USE, "CONTENT" MEANS, COLLECTIVELY, ANY TEXT, IMAGES, GRAPHICS, SOFTWARE, SOURCE CODE, APPS, SPECIFICATIONS, AUDIO FILES, VIDEOS, ARTICLES, TRADEMARKS, LOGOS AND OTHER INFORMATION OR CONTENT AVAILABLE THROUGH THE SITES THAT ARE NOT SUBMISSIONS (AS THAT TERM IS DEFINED BELOW), INCLUDING BUT NOT LIMITED TO THE DESIGN, STRUCTURE, SELECTION, COORDINATION, EXPRESSION, “LOOK AND FEEL” AND ARRANGEMENT OF SUCH CONTENT.
PLEASE READ THESE TERMS OF USE AND LULULEMON'S PRIVACY POLICY CAREFULLY. BY USING THE SITES AND APPS, ON ANY COMPUTER, MOBILE PHONE, TABLET, CONSOLE OR OTHER DEVICES, YOU AGREE TO THESE TERMS OF USE, AND YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF INFORMATION AS DESCRIBED IN THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY, YOU MUST EXIT THE SITE IMMEDIATELY AND DISCONTINUE ANY USE OF THE SITES, OUR APPS AND ANY OF THEIR CONTENT. IF YOU DO NOT AGREE TO THESE TERMS AND THE LULULEMON PRIVACY POLICY, THEN YOU WILL NOT BE ABLE TO DOWNLOAD AND USE THE APPS. YOUR USE OF THE SITES AND APPS SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. LULULEMON CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THE SITES OR BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THE SITES AND APPS. IF YOU DO NOT CEASE USING THESE SITES AND APPS, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with lululemon or its affiliates for other products or services.
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. Notwithstanding anything else to the contrary contained in these Terms of Use, lululemon’s use of any personally identifiable information ( name, etc.) you provide via the Site shall be governed by our Privacy Policy. For further information regarding lululemon’s protection of your personal information, please refer to our PRIVACY POLICY.
You are expected to check this page from time to time to take notice of any changes lululemon has made, as they are binding on you. These Terms of Use were updated as of September 15, 2016
The Sites and Apps may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Sites and Apps under applicable laws.
For residents of Korea or those accessing the site from Korea, you must be 19 years of age or older
The Sites and Apps are provided solely as a convenience to you for non-commercial use. You may access and use the Sites and Apps only in accordance with all applicable laws and regulations and with these Terms of Use. You acknowledge and agree that lululemon, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the Sites and Apps. You further agree that you will not: (a) resell for commercial purposes products purchased through use of the Sites; (b) resell or make commercial use of the Sites or Apps or Content therein; (c) modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content; (d) collect or use any product listings or descriptions; (e) use any data mining, robots, or similar data gathering and extraction methods from the Sites and Apps; (f) other than for your use of the Sites and Apps as expressly permitted in these Terms of Use, access or attempt to access any systems or servers on which the Sites and Apps are hosted or modify or alter the Sites and Apps in any way; (g) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Sites or Apps; (h) use, frame or utilize framing techniques to enclose any lululemon trademark, logo or other proprietary information (including the images found at the Sites and the Apps, the content of any text or the layout/design of any page or form contained on a page) without lululemon’s express written consent; or (i) use any meta tags or any other “hidden text” utilizing a lululemon name, trademark, or product name without lululemon’s express written consent.
Any unauthorized use of the Sites and Apps will terminate the permission or license granted by these Terms of Use, will result in you being barred from use of the Sites and Apps, and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
For EU residents only: If accessing the Sites from outside of the EU (excluding the UK), Norway and Switzerland, the Contents on the Sites are displayed solely for the purpose of promoting lululemon’s products available within the European Union (excluding the UK), Norway and Switzerland.
The Content, Sites, Apps, as well as the selection and arrangement thereof, are the sole property of lululemon and/or its licensors and are protected by patent, copyright, trademark and other intellectual property laws and may not be used except in accordance with these Terms of Use or with lululemon's express written consent. Other than as necessary for your use of the Sites and Apps in accordance with these Terms of Use, lululemon grants no other privileges or rights in the Content to you, and you must keep intact all patent, copyright, trademark and other proprietary notices on the Content. Any Content owned by lululemon's licensors may be subject to additional restrictions. Except as expressly provided in these Terms of Use, no part of the Apps, Sites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site, smart phone, tablet or other medium for publication or distribution or for any commercial enterprise, without lululemon’s express prior written consent.
If you print, copy or download any part of the Sites in breach of these Terms of Use, your right to use the Sites will cease immediately and you must, at lululemon’s option, return or destroy any copies of the materials you have made. You may print one copy, and may download extracts of any page(s) from the sites for your personal non-commercial purposes. You must not modify the paper or digital copies or any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Lululemon’s status (and that of any identified contributors) as the authors of material on the Sites must always be acknowledged.
All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Sites and Apps are proprietary to lululemon or such Marks' respective owners. You may not display or reproduce the Marks other than with the prior written consent of lululemon, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.
In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of lululemon or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of lululemon.
Notification: lululemon respects the intellectual property rights of others, and we ask you to do the same. lululemon may, in appropriate circumstances and at our discretion, terminate service and/or access to the Sites and Apps for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Sites or Apps, please provide lululemon's designated agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512 ("DMCA"): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Sites or Apps, and information reasonably sufficient to permit lululemon to locate the material. Information reasonably sufficient to permit lululemon to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. lululemon's agent for notice of claims of copyright or trademark infringement on the Sites and Apps can be reached as follows: By email: [email protected] By mail: Attention: Brand Protection 1818 Cornwall Ave Vancouver, BC V6J 1C7 Canada Please also note that for copyright infringements under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If you purchase products or services through your account using the Sites and Apps, you must establish an account with lululemon. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Sites and Apps that occur under your account or your account password. You agree to immediately notify lululemon of any unauthorized use of your password or account or any other breach of security by contacting the GEC. We have the right to disable any account or password at any time, for any reason. You acknowledge and agree that lululemon may, to the extent permitted by applicable law, access, preserve, and disclose your account information, all Submissions (as defined below), all communications to and from you, all information relating to your use of the Sites and Apps, and all information relating to the use of the Sites and Apps under your account or account password if lululemon is required to do so by law or legal process or if lululemon determines, in its sole discretion, that such action is necessary to protect the rights of lululemon, third parties, and other users of the Sites and Apps or for purposes of responding to your request for customer service. lululemon’s right to disclose any such information shall govern over any terms of our Privacy Policy.
All product sales from the Sites and Apps are governed by any terms of sale that may be posted on the Sites and Apps. You should refer to our terms of sale to learn more about applicable product warranties, our return policy, and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these terms of sale. The terms of sale are subject to change without prior notice at any time, in lululemon’s sole discretion so you should review the terms of sale each time you make a purchase. Additional information may be found in our FAQ and online shopping sections of the Sites.
You consent to receive electronic communications from lululemon either in the form of email sent to you at the email address listed on your account or by communications posted on the Sites and Apps for any purpose. You acknowledge and agree that any electronic communication in the form of such email or posting on the Sites and Apps shall satisfy any legal requirement that such communication be in writing. You agree that lululemon may use and/or disclose information consistent with its Privacy Policy.
You acknowledge that you are responsible for the information, profiles, goals, opinions, messages, comments, photos, videos, product or services feedback or ideas and any other content or material that you submit, upload, post or otherwise make available on or through the Sites and Apps (each a "Submission") and through the services available in connection with the Sites and Apps, and that you, and not lululemon, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark, copyright and other intellectual property ownership. Before making a Submission, you must ensure that you either own all intellectual property rights or are otherwise in a position to grant a License (as defined below) to lululemon. ) You represent that the posting and use of your Submission on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; you agree to pay for all royalties, fees, and any other monies owed by reason of Submission you post; and you have the legal right and capacity to enter into these Terms of Use in your jurisdiction. Unless otherwise explicitly stated herein or in the lululemon Privacy Policy, you agree that any Submission provided by you in connection with the Sites and Apps is provided on a non-proprietary and non-confidential basis. You agree that lululemon is free to use a Submission for the purpose of providing you and others with use of the Sites and Apps and their functionality and providing you with the associated products and services, and, unless the rights in such submission are assigned to lululemon under these Terms of Use, you grant lululemon a sub-licensable, transferable, perpetual, nonexclusive, worldwide, royalty-free license ("License") to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, edit, adapt, modify and prepare derivative works of the Submission. In addition, to the extent any Submission contains your or any other person’s name, likeness, voice or biographical information ("Personal Rights"), you must comply with any applicable legislative requirements and hereby grant and will cause such other person to grant to lululemon a License to (in any media, whether now known or not currently known or invented) exploit or use such Personal Rights for any advertising or marketing of lululemon or ivivva products and services (in any media, whether now known or not currently known or invented). Submissions shall be considered non-confidential and lululemon is under no obligation to treat such Submissions as proprietary information except pursuant to lululemon's Privacy Policy applicable to personally identifiable information. SUBJECT TO THE LICENSES GRANTED IN THESE TERMS OF USE, YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN YOUR SUBMISSIONS. You represent and warrant that: (i) you own all Submissions posted by you on or through the Sites and Apps or otherwise have the right to grant the Licenses to lululemon set forth in this section, and (ii) your Submission is accurate and not misleading and (iii) the posting of your Submissions on or through the Sites, Apps does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of any Submissions posted by you to or through the Sites and Apps. When submitting Submissions to or otherwise using the Sites, Apps and/or the services, you agree not to, without limitation: · use the Sites and Apps in a manner that uses technology or other means to access the Sites and Apps, or other content that is not authorized by lululemon; · use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. · take any action that imposes or may impose (in lululemon’s sole discretion) an unreasonably or disproportionately large load on lululemon’s infrastructure; · attempt to gain unauthorized access to lululemon computer network or user accounts; · encourage conduct that would constitute a criminal offense, or that gives rise to civil liability; · attempt to damage, disable, overburden, or impair lululemon servers or networks; · fail to comply with applicable third party terms; · defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; · use racially, ethnically, or otherwise offensive language; · discuss or incite illegal activity; · use explicit/obscene language or solicit/post sexually explicit images (actual or simulated); · post anything that exploits children or minors or that depicts cruelty to animals; · post any copyrighted, trade-secret, proprietary, patented proprietary or trademarked materials without the express permission from the owner of such rights; post any person’s name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian); · disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation; · use any robot, spider, scraper or other automated means to access the Sites or Apps; and · alter the opinions, goals, profiles or comments posted by others on the Sites and Apps. This list of prohibitions provides examples and is not complete or exclusive. lululemon reserves the right in its sole discretion to (a) terminate your access to your account; (b) terminate your ability to post to the Sites or Apps (or the services) and (c) refuse, delete, modify, edit or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that lululemon determines is inappropriate or disruptive to this Sites and Apps or to any other user of the Sites, Apps and/or services. lululemon may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at lululemon's discretion, lululemon will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Sites, Apps or on the Internet. lululemon takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, lululemon is only a forum and is not liable for any statements, representations, or Submissions provided by its users in any public forum or personal home page. These prohibitions do not require lululemon to monitor, police or remove any Submissions or other information submitted by you or any other user. lululemon prohibits crawling, scraping, caching or otherwise accessing any content on the Sites and Apps via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with lululemon's express consent). It is lululemon's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, lululemon does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that lululemon is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
Any Content offered or posted on the Sites and Apps is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, lululemon reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Sites and Apps, at any time and from time to time.
You agree to defend, indemnify and hold harmless lululemon, its affiliates and their respective directors, officers, employees and agents against any losses, liabilities, claims, expenses (including attorney’s fees) as a result of (i) your Submission or your access to or use of the Sites and Apps; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. This means that you will be responsible for any loss of damage we suffer as a result of your breach of these Terms of Use.
The Sites and Apps may contain links to websites and other resources operated by third parties other than lululemon. Such links are provided solely as a convenience to you. lululemon does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Sites and Apps does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties. 13. Linking to the Sites You may link to our sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Sites must not be framed on any other site, nor may you create a link to any part of the Sites other than the home page. We reserve the right to withdraw linking permission without notice, for any or no reason. The website from which you are linking must comply in all respects with these Terms of Use. 14. Viruses, Hacking and Other Offences You must not misuse our Sites by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Sites, the server on which our site is stored or any server, computer or database connected to our Sites. You must not attack our Sites via a denial or service attack or distributed denial or service attack. We will report any such breach to the relevant law enforcements authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Sites will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Sites or to your downloading of any material posted on it, or on any website linked to it. 15. Warranties and Disclaimer THE SITE, APPS, SUBMISSIONS AND ANY CONTENT PROVIDED VIA THE SITE AND APPS, INCLUDING LINKS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LULULEMON DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, APPS, SUBMISSIONS, THE CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, LULULEMON DOES NOT REPRESENT OR WARRANT THAT THE SITE, APPS, SUBMISSIONS, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITE OR APPS IS SECURE, ACCURATE, COMPLETE OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE AT ANY PARTICULAR STORE. AS A CONDITION OF YOUR USE OF THE SITE AND APPS, YOU WARRANT TO LULULEMON THAT YOU WILL NOT USE THE SITES AND/OR APPS FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE Nothing in these Terms of Use shall effect your legal rights under applicable consumer laws. IN ADDITION, THE SITES AND APPS MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. LULULEMON THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, LULULEMON RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION. Minor differences in color and other variations in products are possible as a result of different IMAGE ACQUISITION, display technologies or other technical reasons. Lululemon is not liable for these variants and deviations. IN ADDITION, IF AN ITEM BECOMES UNAVAILABLE FOR WHATEVER REASON AFTER AN ORDER IS ACCEPTED, LULULEMON MAY TERMINATE THE ORDER BY GIVING YOU WRITTEN NOTICE. IN SUCH EVENT, LULULEMON WILL CONTACT YOU TO ARRANGE FOR A REFUND OR PROVISION OF CREDIT AGAINST FUTURE PURCHASE. 16. Limitation of Liability LULULEMON AND ITS PARENT, AFFILIATES, SUBSIDIARIES (INCLUDING IVIVVA ATHLETICA CANADA INC.), OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, APPS, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE, UNLESS SUCH LOSS OR DAMAGES ARE CAUSED DIRECTLY BY LULULEMON’S FRAUD, RECKLESSNESS, GROSS NEGLIGENCE OR NEGLIGENCE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FOR NEW JERSEY RESIDENTS OR OTHER PERSONS ACCESSING THIS SITE FROM NEW JERSEY: You agree that all disputes arising from your account, your use of the Sites and Apps, and your Submissions and any Personal Rights contained therein shall be decided solely by an arbitrator, pursuant to the Consumer Arbitration Rules of the American Arbitration Association. By agreeing to arbitration, You understand and agree that You are waiving Your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle any disputes. Furthermore, YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL in any dispute with lululemon, its subsidiaries and/or affiliates. BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." FOR NEW ZEALAND RESIDENTS OR OTHER PERSONS ACCESSING THIS SITE FROM NEW ZEALAND: WE UNDERSTAND THAT, IN SOME JURISDICTIONS WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED. ACCORDINGLY, IN RELATION TO GOODS AND SERVICES SUPPLIED BY LULULEMON IN NEW ZEALAND, TO THE FULLEST EXTENT PERMITTED BY LAW, LULULEMON'S LIABILITY FOR BREACH OF ANY CONSUMER GUARANTEE, WHICH CANNOT BE EXCLUDED, IS LIMITED AT THE OPTION OF LULULEMON TO: (a) IN THE CASE OF SERVICES SUPPLIED OR OFFERED BY LULULEMON, WHICH ARE NOT OF A KIND ORDINARILY ACQUIRED FOR PERSONAL, DOMESTIC OR HOUSEHOLD USE OR CONSUMPTION (i) THE SUPPLY OF THE SERVICES AGAIN, OR (ii) THE PAYMENT OF THE COST OF HAVING SERVICES SUPPLIED AGAIN; AND (b) IN THE CASE OF GOODS SUPPLIED OR OFFERED BY LULULEMON, WHICH ARE NOT OF A KIND ORDINARILY ACQUIRED FOR PERSONAL, DOMESTIC OR HOUSEHOLD USE OR CONSUMPTION (i) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, (ii) THE REPAIR OF SUCH GOODS; (iii) THE PAYMENT OF THE COST OF THE REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR (iv) THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED. You agree that any claim you may have arising out of or related to your relationship with lululemon must be filed within one year after such claim arose; otherwise, your claim is permanently barred. 17. Arbitration General We believe that arbitration offers a prompt and efficient way to resolve any dispute, controversy or other claim between us (whether arising under any legal or equitable theory, and given the broadest meaning enforceable under law, a “Dispute”). To the maximum extent permitted by law, you and we agree that any and all Disputes will be resolved exclusively and finally using binding arbitration and will only be conducted on an individual basis and not in a class, consolidated, representative or similar action, except as provided below. There is no judge or jury in arbitration, the discovery and other procedures are more limited and less formal, and court review of an arbitration award is limited. The arbitrator must follow these Terms of Use and can award the same damages and relief as a court in an individual proceeding (including attorney’s fees). Acceptance of these Terms of Use constitutes a waiver of your right to litigate the Dispute in any court, the opportunity to be heard by a judge or jury, and the ability to proceed in a class, consolidated, representative or similar action, except as provided below. Pre-Arbitration Claim Resolution Before you can commence any proceeding as to a Dispute, you must first give us an opportunity to resolve the Dispute by emailing us at [email protected] a notification that contains the following information: (1) your name, (2) your address, (3) a written description of your claim in the Dispute, and (4) a description of the specific relief you seek. If we do not resolve the Dispute within 45 days after receiving your notification, then you may pursue the Dispute in arbitration or, if you have opted out of arbitration as provided under “Right to Opt Out, in court. Right to Opt Out Notwithstanding the above, you may choose to pursue a Dispute in court and not by arbitration if you opt out of arbitration within 30 days from the date that you first consent to these Terms of Use (the “Opt-Out Deadline”). To opt out of arbitration, simply email us at [email protected] the following information: (1) your name; (2) your address; and (3) a clear statement that you do not wish to resolve Disputes with us through arbitration. Please be assured that any decision to opt out of arbitration will have no adverse effect on your relationship with us. But, we do have to enforce the Opt-Out Deadline so keep in mind that any opt out request received after the Opt-Out Deadline will not be valid and you will be required to pursue any Dispute in arbitration. Arbitration Procedures If the Dispute is not resolved as provided under Pre-Arbitration Claim Resolution, either you or we may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. All issues shall be for the arbitrator to decide, including the scope of the arbitration provisions in these Terms of Use. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. These Terms of Use govern in the event of any conflict with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration, and the arbitrator may not consolidate more than one person’s Disputes or otherwise preside over any form of a class, consolidated, representative or similar action, unless both you and we specifically agree following initiation of the arbitration. The arbitration will be conducted in English, closed to the public and confidential. All related records shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The U.S. Federal Arbitration Act (“FAA”) may govern the arbitrability of Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or conditions precedent to suit. Nothing herein will preclude us from seeking provisional remedies in aid of arbitration (such as orders to stay a court action or compel arbitration), temporary restraining orders or similar relief, or redress for potential violations of our intellectual property rights, from any court of competent jurisdiction. Arbitration Award The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement. Location of Arbitration Unless we mutually agree on a different location, arbitration shall occur in Seattle, Washington. You waive any right to claim that such location is an inconvenient forum, and you agree not to sue us or bring arbitration in any other forum. To minimize the costs and burdens of associated with arbitration, you and we agree that the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration. You and we further agree that the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties. Payment of Arbitration Fees and Costs So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration filing, administration and arbitrator fees and associated costs and expenses in any Dispute involving claims totaling less than $10,000. You will be responsible for all additional fees and costs that you incur in the arbitration, including the fees and costs of any attorney or expert witness you use. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator. Waiver of Class Action, Jury and Other Rights You acknowledge and agree that, subject to your ability to pursue a Dispute in court by complying with the procedures above under “Right to Opt Out,” your acceptance of these Terms of Use constitutes your waiver of certain rights, including your right to litigate a Dispute in a public court before a judge or jury; your ability to participate in a class, consolidated, representative or similar action; your ability to conduct discovery and other procedures except under AAA rules; and your right to certain remedies, relief or other. 18. Governing Law All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with the Sites, Apps and/or the Content must and will be venued exclusively in Vancouver, BC, Canada. These Terms of Use and the relationship between you and lululemon will be governed by the laws of the Province of British Columbia, Canada, and the federal laws of Canada applicable therein, without giving effect to principles of conflict of laws of any jurisdiction. The International Sale of Goods Act of British Columbia and the United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Terms of Use or to the transactions contemplated by these Terms of Use. 19. Miscellaneous If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only. 20. Language The official language of these Terms of Use exclusively shall be, and all communications and agreements between lululemon and you and any proceedings in connection with these Terms of Use and/or your use of the Sites and Apps, exclusively shall be made in, the English language. lululemon and you waive any rights we may have under any other law to have these Terms of Use written in another language, and any translation of this Terms of Use will be for convenience only. 21. No Partnership You agree that no joint venture, partnership, employment, or agency relationship exists between you and lululemon as a result of these Terms of Use, our Privacy Policy or any use of the Sites and Apps. lululemon's performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use or our Privacy Policy is in derogation of lululemon's right to comply with law enforcement requests or requirements relating to your use of the Sites and Apps or information provided to or gathered by lululemon with respect to such use. 22. Entire Agreement These Terms of Use, Cookie Policy and our Privacy Policy constitute the entire agreement between you and lululemon with respect to the Sites and Apps, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and lululemon with respect to the Sites and Apps. B. Gift Cards Terms and Conditions 1. Compliance with Laws By purchasing a gift card ("Gift Card") offered by lululemon, you are certifying and representing to lululemon that the activities in connection with which the Gift Cards will be used will comply with these terms and conditions and the terms and conditions found on the back of the Gift Card, the Cashstar eGift Card terms and conditions (collectively the "Gift Card Terms and Conditions"), all applicable laws, rules and regulations, and that the Gift Cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to guests. In addition, you agree to defend and indemnify lululemon and its subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the Gift Cards or violation of the Gift Card Terms and Conditions. You agree to release lululemon from and against any and all claims, expenses or liabilities you have or may have against or incurred in connection with your use of the Gift Cards or violation of any of the Gift Card Terms and Conditions. 2. Redemption Gift Cards purchased in China Mainland are only redeemable for purchases at lululemon retail stores in China Mainland. All other Gift Cards are redeemable for purchases at lululemon retail stores outside of China Mainland or online at www.lululemon.com, lululemon.com.au, lululemon.co.nz, lululemon.com.hk, lululemon.co.uk, eu.lululemon.com, fr.lululemon.com. The Gift Card balance will be reduced by the amount of each purchase. If a purchase exceeds the balance, the difference must be paid with cash or other payment method accepted by lululemon. 3. Balance Inquiries For balance inquiries please contact us or visit www.lululemon.com/gc 4. Returns All returns for purchases made with a lululemon Gift Card will result in credit to a Gift Card or issuance of a new Gift Card in the amount of the return. 5. Our Policies Gift Cards cannot be returned, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law. Gift Cards cannot be replaced or be redeemed for cash, except where the balance is less than $10 (or its equivalent in local currency) or as otherwise required by law. Gift Ccards can only be sold in any amount over $10.00 to a maximum of $1000. Gift Cards never expire or accrue fees. For Singapore guests, lululemon does not require the approval of the Monetary Authority of Singapore. Guests are advised to read the Gift Card Terms and Conditions carefully. 6. Risk of Loss The risk of loss and title for Gift Cards pass to the purchaser upon sale. Gift Cards are like cash. We are not responsible if a Gift Card is lost, stolen, destroyed or used without your permission. We cannot trace them or refund them. 7. Fraud lululemon will have the right to close guest accounts and request alternative forms of payment if lululemon believes such Gift Card has been fraudulently obtained. 8. Not for promotional use lululemon Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via Web sites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts.) 9. No affiliation with lululemon Use of lululemon's name, logo, trade dress (including any image/likeness of the cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of lululemon Gift Cards is strictly prohibited. Furthermore, the use of lululemon Gift Cards in any manner that states or implies that any person, Website, business, product or service is endorsed or sponsored by, or otherwise affiliated with lululemon or any of its subsidiaries or affiliates is prohibited. 10. Limitation of Liability LULULEMON MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. 11. Disputes Any dispute relating in any way Gift Cards in which the aggregate total claim for relief sought on behalf of one or more parties shall be adjudicated in the province of British Columbia and the federal laws of Canada and you consent to exclusive jurisdiction and venue in such courts. 12. General Terms When you purchase, receive or redeem a lululemon Gift Card, you agree that the laws of the province of British Columbia and the federal laws of Canada, without regard to principles of conflict of laws, will govern these Gift Card Terms and Conditions. lululemon reserves the right to change the Gift Card Terms and Conditions from time to time in its discretion. All Gift Card Terms and Conditions are applicable to the extent permitted by law. C. Applications ("Apps") USE OF THE LULULEMON APPS CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE AS SUCH MAY BE REVISED BY LULULEMON FROM TIME TO TIME, AND IS A BINDING AGREEMENT BETWEEN YOU AND LULULEMON GOVERNING THE USE OF THE APPS. BY DOWNLOADING OR INSTALLING THE APPS USER ACKNOWLEDGES AND AGREES TO BE BOUND BY THESE TERMS. IF USER DOES NOT AGREE TO THESE TERMS USER SHOULD UNINSTALL THE APPS IMMEDIATELY. 1. Google Terms and Conditions; lululemon Policies These Terms supplement and incorporate (a) the Google Play Terms of Service (“Google”) Terms and Conditions (located at https://play.google.com/intl/en-GB_ca/about/play-terms.html) including, without limitation, the Google Terms of Service provided therein (“Google Terms”); and (b) other lululemon policies (“lululemon Policies”), including the terms of use for lululemon’s website posted at www.lululemon.com (“lululemon Website”). If any of the provisions of the Google Terms and Conditions or any applicable lululemon Policies conflict with these Terms, these Terms will control, solely to the extent such terms apply to the App. 2. Apple Terms and Conditions; Lululemon Policies These Terms supplement and incorporate (a) the Apple, Inc. (“Apple”) Terms and Conditions (located at www.apple.com/legal/itunes/us/terms.html#service) including, without limitation, the Licensed Application End User License Agreement provided therein (“Apple Terms”); and (b) other lululemon policies (“lululemon Policies”), including the terms of use for lululemon’s website posted at www.lululemon.com (“lululemon Website”). If any of the provisions of the Apple Terms and Conditions or any applicable lululemon Policies conflict with these Terms, these Terms will control, solely to the extent such terms apply to the App. 3. User Information and the App You agree to: (a) provide true, accurate, current and complete information about yourself as required for purposes of registration (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. 4. Persistent Log-in You have the option to use the "persistent log-in" feature, which allows you to remain logged-in while the App is closed in order to avoid having to reenter your log-in information each time you open the App. If you choose to exercise this option, you understand that anyone who gains access to your mobile device will be able to access, and use all of the functionality as found on the App, including the payment functions. By agreeing to this option you understand and agree that you are responsible for any charges or actions on your account. 5. Carrier Charges You hereby agree and acknowledge that your use of the Apps may involve data charges which are your responsibility as between you and your wireless service provider. 6. Lost or Stolen Device lululemon is not responsible for unauthorized use of your mobile device, including mobile payments made where the mobile device may have been lost or stolen even when you have notified lululemon about the mobile device being lost or stolen. 7. User License Subject to these Terms, lululemon grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the App for personal and/or non-commercial use only on any android, mobile, Apple iPhone, iPad or iPod Touch computer, or other supported device, (each a “Device”) owned or controlled by User as permitted by the Usage Rules contained in the Google Terms and Apple Terms and in accordance with these Terms (“User License”) or on any other device which may later support the use of the App as permitted by such device’s terms and conditions which shall be provided to User accordingly. Any use of the App in any other manner, including, without limitation, resale, transfer, modification or distribution of the App or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the App (the “Content”) is prohibited. This Agreement and User License also governs any updates to, or supplements or replacements for, the App unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply. 8. Privacy of User Information Some functionality of the Apps, including location-based services and functionality, may require the transmission of personal information provided by the User including User’s name and passwords, addresses, e-mail addresses, financial information (such as credit card numbers), GPS Location (“User Information”). If the User uses such Apps’ functionality, the User consents to the collection by lululemon of User Information and to the transmission of User Information to lululemon and, its agents and/or service providers and authorizes lululemon, its agents and/or service providers to record, process and store such User Information as necessary for the App functionality and for purposes described in the lululemon Privacy Policy located at http://www.lululemon.com/privacy). The User is solely responsible for maintenance of the confidentiality and security of any User Information transmitted from or stored on a Device for purposes of the Apps. The User agrees to immediately notify lululemon of any breach of security. lululemon shall not be responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a Device or from unauthorized or fraudulent transactions associated with the Apps, unless such unauthorized or fraudulent transactions arises from lululemon’s breach of its obligations under the Privacy Policy, the Terms and the lululemon Policies, its negligence or willful misconduct. Personal information of User will be stored and protected by lululemon in the manner described in the PRIVACY POLICY (located at http://info.eu.lululemon.com/legal/privacy-policy). For further information concerning how we collect, use and disclose information pertaining to the Apps, see the lululemon PRIVACY POLICY (located at http://info.eu.lululemon.com/legal/privacy-policy). 9. Acceptable Use, Reviews and other User Submitted Content Use by the User of the Apps and any of their Content and User Information transmitted in connection with the Apps is limited to the contemplated functionality. The User agrees that his or her use of the Apps and any Content must comply with these Terms, Google Terms, Apple Terms and the lululemon Policies. 10. Third Party Beneficiary Apple, Google and each of their subsidiaries, are third party beneficiaries of these Terms. Upon User’s acceptance of these Terms, Google and Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against User as a third party beneficiary thereof. 11. Pricing and Quantities The Shop App will provide you with pricing for the products that are carried by lululemon both in-store and online. The pricing shown to you through use of the Shop App may only be good for purchases made online or through the Shop App and may differ from in-store pricing. Price and availability information is subject to change without notice. While lululemon takes great care to ensure our information is accurate, mistakes may occur. When a mistake is noticed lululemon will correct it as soon as possible and notify customers who are affected. Where necessary, an order may be cancelled prior to shipping the product. lululemon reserves the right to limit quantities. Not all products shown in the Shop App are available in-store, as some products can only be found online. Questions or Concerns If you have any concerns about material which appears on this Website, please contact us by emailing us at: [email protected] or by writing to us at: lululemon 1818 Cornwall Ave Vancouver, BC V6J 1C7 Canada
LAST UPDATED: 30 August 2024
YOUR PRIVACY : OVERVIEW
If you are a consumer in the United Kingdom (“UK”), European Economic Area ("EEA") or Switzerland, this privacy policy ("Privacy Policy") explains how we process, disclose, and retain your personal data when you shop in our stores, access or use our websites, mobile applications and any other applications, products, or services that display this Privacy Policy (collectively, the “Services”). lululemon athletica UK Ltd, located at Mezzanine Level, Eighty Strand, London, WC2R 0DT, and our corporate affiliates and subsidiaries, including lululemon athletica inc., lululemon UK ltd.lululemon usa inc. and lululemonathletica canada inc. (collectively, "lululemon," "we," or "us") are the data controllers for the personal data we process about you.
Please read this Privacy Policy to make sure you understand how we process your personal data and the choices you have with respect to such processing. Please note we provide different or additional privacy notices in connection with certain activities, programs, offerings to clarify or supplement our privacy practices in greater detail. For example, this privacy policy is limited to customers within the EEA, UK, and Switzerland. Our privacy practices are subject to applicable laws in the places in which we operate, which means we engage in the practices described in this notice in a particular country or region only as permitted under the laws of such jurisdictions. For more information about our privacy practices in other jurisdictions, please refer to the privacy policy for the jurisdiction, available in our stores or posted on
website for that jurisdiction.
REVISIONS TO THIS PRIVACY POLICY
lululemon reserves the right to change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this Privacy Policy. If we make material changes to this Privacy Policy, we will provide you with additional notice (such as adding a statement to our websites’ homepages or sending you a notification).
CONTENTS
In this Privacy Policy, "personal data" means any informa`on relating to an identified or identifiable natural person (“Data Subject”). A Data Subject is defined as an identifiable natural person is one who can be identified, directly or indirectly, in par`cular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”. The types of personal data we collect about you depend on your interactions with us and are described in more detail below. Please note, while our website is designed for a general audience, we will not knowingly collect data from any children under the age of 13 or sell products to children. If you are aged 13 or under, you are not permitted to use our Site or submit any data to us. If you are a parent or legal guardian and you believe that your child has provided us with personal data without your consent, please contact us at [email protected]
If you do not wish for us to process your personal data in accordance with this Privacy Policy, you have the right to object to processing. Please see “KNOWING YOUR RIGHTS” below.
WAYS THAT WE COLLECT PERSONAL DATA:
We want to ensure that we build an open and trustworthy relationship with all of our Guests, which is why we will only ever process your personal information if we have a lawful basis to do so. The lawful bases we rely on include the following:
TYPES OF PERSONAL DATA THAT WE COLLECT:
• Full name; | • Payment card details | |
• Email address | • Hobbies | |
• Phone number | • Social media handle | |
• Post address | • Social media account details | |
• Billing address | • Order number | |
• Date of birth | • Purchase history | |
• Your preferences – such as style, size and colour of product |
We may use any and all of the above types of personal data (above) for the reasons set out below. The above types of data may also be shared in accordance with the “DISCLOSURE OF PERSONAL DATA” section below.
WHAT, HOW AND WHY WE COLLECT YOUR PERSONAL DATA:
OUR WEBSITE AND YOUR PERSONAL DATA | ||
---|---|---|
What we do and how we do it |
Why we do it |
Why we need to do it |
When you place an order – we need to collect some data from you as part of the ordering process. | To enable us to deliver product to you and provide other guest Services to you. | We need certain detail in order to deliver product to you and fulfil our contractual obligations to you. |
Your account – we need to collect some of your personal data to allow you to shop with us and create and account. | For you to set up an account with us, we need to collect profile data to do this. | There is no obligation to set up an account with us and it will always be done with your consent. We may also use your account details as part of ensuring the successful delivery of products and services to you and to fulfil our contractual obligations. |
Proof of identity – we need to check who you are. | There might be a situation where we need to check who you are, e.g. when we need to confirm you’re a student to get student discount or to confirm it was you that placed an order. | To deliver the Services and products to you, we see this as a contractual obligation to you. |
Browsing behaviour – we try to personalize your browsing experience with us . | This means we can get the products that we think you’ll love to you faster. | It is important for us to continue looking at how we can improve and make your experience with us more enjoyable – it’s in your and our legitimate interests. |
Site navigations – we know our site best and we want to make sure you’re getting to the right pages to get the product you want. We use your data to analyse your movements across our site and to send you to the right place. | We want you to get the products that you want as quickly as possible. | It is important to us that you get the most seamless shopping experience that you can with us – it is in our legitimate interest and yours (as you can see the product you want). |
Guest improvement – we may need to use information about you to improve product, services and customer experience. This might include working with trusted third parties to develop new content, products or services. | We want to ensure we’re showing and promoting the most relevant products to all of our Guests. | It is important for us to continue looking at how we can improve and make your experience with us more enjoyable – it’s in your and our legitimate interests. |
Important updates and service messaging – we might need to contact you to let you know about account and/or service updates, i.e. to let you know there has been updates to our T&Cs. | We need to keep you informed or any changes to our Services or any of our other contractual terms that we made with you. | To deliver the Services and products to you, we see this as a contractual obligation to you. |
YOUR BODY SIZE AND SHAPE (IF YOU CHOOSE TO TELL US THIS – WHICH WILL ALWAYS BE WITH YOUR CONSENT) | ||
What we do and how we do it |
Why we do it |
Why we need to do it |
Product recommendations – we might use a third party to help make recommendations about product, including sizing recommendations. | To try and ensure that you order the right size, fit and type of product, we sometimes use information provided by and to third parties to help improve our products and services. |
Our sizing tools are run by third parties in accordance with their own privacy policy. Use is an optional part of the purchase process so it done only with your consent. Our use of other third party tools helps us to provide you with information about products you might like in accordance with your and our legitimate interests. |
Product selection quiz – we might use a third party to provide you with a quiz which, when answered, allows us to recommend the best product for what you want and need. | We know our product best, and we want to help you navigate what would be best for you based on your preferences! | It is important for us to show you things we think you will like and tailor these to your needs. It is also important for us to know your preferences so that we can make it the best possible Guest experience – it is in our legitimate interest to provide you with the best service we can. Participation is always with your consent. |
YOUR ORDER AND PAYMENT INFORMATION | ||
What we do and how we do it |
Why we do it |
Why we need to do it |
Take payment and give refunds – we collect transaction information related to the use of our services or your purchases with us. This includes delivery information, amount charged, payment method, credit card information, billing, or shipping information. | When you place and order with us, we work with third-party payment processors to collect and process your payment information. We also need this information to process any refunds that you request from us. | To ensure the successful delivery of services and products to you as part of our contractual obligation to you. |
Delivery of your Order and delivery updates – we need to know who you are and where you live to send you your products. We share your personal information with third party shipping providers who deliver the products to you on our behalf. | If we don’t know where you live, we can’t send you the product. | To ensure the successful delivery of services and products to you as part of our contractual obligation to you. |
Financial records – we need to keep a record of any financial transactions you make with us. | We need to know what you have paid for (which is useful for us to deal with issues like returns in the right way) and to protect ourselves from fraud. | We have a legal obligation to do this, for example, under Anti-Money Laundering rules. |
Purchase analytics – we may analyse how frequently you shop with us, what you have bought, searched for, returned and kept to wear as this helps us to understand what you like. | We need this information to understand how we can keep making the products you love and why you keep coming back for more. | It is important for us to know your preferences so that we can make it the best possible Guest experience – it is in our legitimate interest to provide you with the best service we can. |
YOUR CONTACT HISTORY WITH US | ||
What we do and how we do it |
Why we do it |
Why we need to do it |
Guest Support – when we need to provide support to you as our Guest, we may need to collect certain data (including order number and purchase history). Sometimes, we’ll record our calls with you too. | When you contact our Guest Education Centre, we want to be able to respond to your concern in the right and most relevant way to you. | To ensure the successful delivery of services and products to you as part of our contractual obligation to you. We may also need to take steps as part of our legal obligation to protect our educators. |
Complaints – when you make a complaint and/or raising a legal concern, we need to collect and use your data to respond to it. |
We want to respond to your concerns as quickly and in the best way as we possibly can. We also want to use your concerns to improve the services and support that we provide to you and other Guests. |
To provide you with the opportunity to raise an issue and respond to it, we see this as a contractual obligation to you. We also have a legal obligation to do this and it's important for us to do as a business. |
Your data rights – when you submit a request that relates to your rights under data protection laws, we need to use your information to respond. | You have rights under data protection laws (which we’ve set out below under this Privacy Policy) which we need to respect and adhere to. | We have a legal obligation to do this under EU and UK GPDR and it's important for us to do as a business. |
PURCHASE HISTORY AND SAVED ITEMS IN YOUR BASKET | ||
What we do and how we do it |
Why we do it |
Why we need to do it |
“Back in Stock” emails – we may send you an email to let you know that the product you’re keeping an eye on is back in stock. | We need to let you know when the product you want is back in stock for you to purchase. | Chances are, you’re keen to get your hands on something that we’re currently out of stock of and you want us to tell you when its back, so this will be done with your consent. |
“Left in Basket” emails - we may send you an email to let you know that you’ve forgotten about something in your basket that you might still want to buy. | We want to remind you of the products that you put in your basket in case you want to buy them (but got distracted). | Chances are, you’re keen to get your hands on something but for some reason at the time decided not to click buy, so this is in your and our legitimate interest. |
Returns – we want to ensure that we handle returns in accordance with our T&Cs and provide customer service and support. | We need to ensure we can contact you to assist and receive any products that you want to return back to us. | To ensure the successful delivery of services and products to you as part of our contractual obligation to you. |
Shopping history – we might analyse what you have bought, searched for, or returned. | This helps us to truly understand what you like as a Guest and consider what products our Guests collectively love the most. | It is important for us to show you things we think you will like – it’s in your and our legitimate interests. |
Personalising your shopping experience – we try to provide recommendations based on your style, budget and personal preference by analysing your order history. | We do this so that we can ensure that we are giving you what you want and provide you with the best possible Guest experience. | It is important for us to show you things we think you will like – it’s in your and our legitimate interests. |
Affiliate links – we may use your personal data to match your orders to links from affiliates who connected you to us, or when they were promoting a product when you clicked on their site. We share purchase history with them too so that they can track when they’ve successfully sent you to us. | Sometimes we need help from our friends to connect you with us – we use a number of third parties who promote our products on their sites. | It's important to us that word gets out how great our products are – which can include through affiliates and other sources – its in our legitimate interests. |
INFORMATION ABOUT YOUR PHONE, LAPTOP, AND HOW YOU USE OUR WEBSITE (AND ANY APPS) | ||
What we do and how we do it |
Why we do it |
Why we need to do it |
Remembering you – we might use your personal information to identify you when you visit our website. | We keep track of who you are because we believe, if we can remember you, we can give you the best possible experience when you come back to visit again. | It is important that provide you with the best possible online experience. It’s in your and our legitimate interests. |
Default settings – we are always trying to improve our website and we might set default options for you (such as language and currency). | This is to make it easier for you to use and navigate our website and to get your hands on those lululemon products that you want! | It is important that provide you with the best possible online experience. It’s in your and our legitimate interests. |
Perpetual login – we want to provide you with the opportunity to stay logged in without having to sign in each time. | We want your user journey to be as seamless and efficient as possible (and who can actually remember those incredibly long passwords!) so we may offer you the option to stay logged in (you can always change your mind and revoke this setting). | It is important that we provide you with the best possible online experience. It’s in your and our legitimate interests. |
Product info – we might send you information about our products and services (including ones you haven’t bought…yet). | We want to make sure you stay informed about all of our products and services – including those that are new and exciting. | It is important for us to show you things we think you will like – it’s in your and our legitimate interests. In some cases, we may provide direct marketing with your consent. |
Web ads – we might show you lululemon adverts as you browse the web. | We use your cookies to provide you with content, even when you’re not on our site. This is done in accordance with our Cookies Policy where we collect your consent. | It is important for us to show you things we think you will like – it’s in your and our legitimate interests. We also obtain your express consent to our Cookies Policy. |
Third party collection – We may use a third party service provider to collect data on our behalf across the internet and sometimes our website. | We love to know what you’re saying about us on other sites (and not just to us!). Also, it’s really helpful for us to know how we compare to other brands and your experience with them. | It is important for us to continue looking at how we can improve – it’s in your and our legitimate interests. |
Guest behaviours – we may monitor and analyse your behaviour when you’re on our website. | We want to see what you’re buying, when you’re buying it and why you might leave something in your cart! | It is important for us to continue looking at how we can improve – it’s in your and our legitimate interests. |
MARKETING | ||
What we do and how we do it |
Why we do it |
Why we need to do it |
Marketing – when you contact us through any channel (including online, in-store), we’ll ask you whether you want to opt in or out of marketing communications. If you do opt-in, we record this on your Guest profile. These marketing communications may contain tracking pixels that help us monitor how you’ve interacted with that particular communication. |
If you’ve opted in to receive our marketing, we’ll use your personal data to tell you about lululemon products, promotions, competitions and offers that we think you might be interested in. These notifications will be sent to you online (i.e. by email, by social media, search engine as banners, push notifications or adverts). |
We will only send marketing communications to you with your consent; and you can opt out at any time. It may also be legitimate for us to send marketing communications to you when you have expressed an interest in our goods or services. |
Text marketing - When you connect with us (online, in-store, at an event), we might ask you to if you want to receive texts from us. We use a trusted third party to do this for us and they will store the information that you provide (inc. your number) and be able to track when you read a text message. |
If you’ve opted in to receive our marketing, we’ll use your personal data to tell you about lululemon products, promotions, competitions and offers that we think you might be interested in!
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We will only send marketing communications to you with your consent; and you can opt out at any time. It may also be legitimate for us to send marketing communications to you when you have expressed an interest in our goods or services. |
Adverts – we may show you, or share your personal data with a third party to show you, banner adverts of our products on social media platforms. | We share your information with the third parties because they have the capabilities to notify you of things we think you’ll be interested in via social media feeds. | It is important for us to show you things we think you will like – it’s in your and our legitimate interests. |
INFORMATION FROM SOCIAL MEDIA OR OTHER ACCOUNTS YOU LINK TO US | ||
What we do and how we do it |
Why we do it |
Why we need to do it |
Linked accounts – we may allow you to use your Social Media accounts to login to our site, simply and easily without having to create a specific account. For us to do this, it involves sharing your personal data linked to that account with us. | We want to make things as easy and seamless for you as possible because we know you can’t wait to get your hands on our products. | It is important for us to continue looking at how we can improve and make your experience with us more enjoyable – it’s in your and our legitimate interests. |
Information sharing – we might use your personal data to analyse how you like to and how you might want to share your lululemon products (and your thoughts on them) with your friends. | We want to know how we can make shouting about our amazing products easier for you and its good to know how you prefer to do this and where. | It is important for us to continue looking at how we can improve and make your experience with us more enjoyable – it’s in your and our legitimate interests. Ultimately, it’s up to you if you want to share this with us. |
When you tag us – we may want to analyse your social media profile and connect it with your Guest profile. | We want to ensure we’re staying in the know about what you think, what you’re wearing and how you like to connect with us. | It is important for us to continue looking at how we can improve and make your experience with us enjoyable – it’s in your and our legitimate interests. |
COMMENTS YOU POST ABOUT LULULEMON, TAGGING US OR POSTING PHOTOS AND VIDEOS ON OUR SOCIAL MEDIA PAGES | ||
What we do and how we do it |
Why we do it |
Why we need to do it |
Monitor our Guests views or opinions – we might respond, repost or reach out to you privately about something you’ve written on a public platform. | We may respond to you or react to something you’ve posted on a public platform, particularly if you are unhappy or if it’s something we can improve. | It is important for us to know how you feel about us – it’s in your and our legitimate interests. We also want to make sure we’re keeping a safe environment for all. |
Social tags - If you tag lululemon or post to our pages, we may use your photo and/or video (with or without sound), on our site or Social Media pages. | We want to be able to shout about and share all of the looks our Guests are wearing! | It is important for us to continue looking at how we can improve and make your experience with us more enjoyable – it’s in your and our legitimate interests. Ultimately, it’s up to you if you tag us in your posts. |
Fraud investigations - we use public sources of information to help us investigate fraudulent activity. | We need to ensure we’re preventing, checking, and investigating fraud against you or lululemon. | It’s not ideal, but it is in our legitimate interest to protect you and us, our services and stop any potentially fraudulent activity. Also, we have a legal obligation under Anti Money Laundering Regulations in the UK & EU to do this too. |
SURVEYS, FEEDBACK, COMPETITIONS & EVENTS | ||
What we do and how we do it |
Why we do it |
Why we need to do it |
Asking for feedback & reviews – we reach out to you to get your feedback. We may also invite you to leave a review on the items that you have bought from us as we love to hear from you (good or bad!). | We ask for feedback from our Guests on the products, how you’re enjoying them and how you feel we are doing as a brand. Sometimes, we use a third party to do this and your data will be shared with them when we do so. |
For consumer insight surveys, it’s your choice if you want to provide us with feedback (which we love to hear!) so this will be done with your consent.
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Refer a friend - We use a third-party provider to allow you to participate in our refer a friend programme, should you wish to do so. | We want to give you the opportunity to benefit from offers and promotions as a result of you helping to grow our community here at lululemon. | Your data, and your friend’s data, will be processed in line with the third party’s privacy policy, which we will highlight to you at the time of making your referral. |
Competition – we may contact you to let you know we’re running a competition or prize draw. | We want all of our Guests to have the opportunity to take part in our competitions. | If you opted in to receive marketing, we’re doing this with your consent. |
Competition – we will contact you via the method set out in the relevant Terms and Conditions if you have been selected as a winner. |
We need to let you know if you do/don’t meet the eligibility criteria and ultimately if you win – and you’ll definitely want to know too! | If you chose to take part in a competition/prize draw, we treat this as an important contractual commitment to you. |
Discount codes and promotional offerings – we may send you a discount code to use when you next shop with us. | We want to ensure we give back to our Guests. | We share these with you so that you can enjoy the perks of being a valued Guest and to say thanks. We’ll only do this with your consent. |
Managing attendance at events - we need to contact you in relation to events. | So that you can attend one of our amazing events we have invited you to and administer the event coordination, such as event communications. | To deliver the services and to provide you with the opportunity to attend events, we see this as a contractual obligation to you in accordance with the terms and conditions of the event. |
IN-STORE | ||
What we do and how we do it |
Why we do it |
Why we need to do it |
CCTV – our lululemon stores all operate CCTV which may capture you in the footage. |
This means we can ensure the safety of both Guests and Educators who are on our premises. We may also use the CCTV for market research purposes so we can make sure our stores are set out as nicely as possible for you to enjoy your experience while you’re with us! |
We have a legal obligation to keep our Guest Educators safe and ensure a secure working environment.
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Processing payment at the till – we may ask you for information to provide you with e-receipt or to assist in completing the transaction. | We need this information to be able to send you a paperless receipt (and in turn do our bit to help the environment!). This will allow you to keep all of your bills in one place and not worry about losing the receipt. | You are under no obligation to receive a paperless receipt, so this will be with your consent. |
Event imagery – we might use video recordings, photographic images, recordings of live events/webinars or other online events (including both images and sound) on our Site or Social Media. | We want to shout about the fun events we get to run and be a part of! We may take, use and publish imagery on our social media pages or communication channels. | We’ll only do this with your consent. |
In-store WiFi – We have WiFi access points in some of our stores to keep you online even while shopping with us! We receive aggregate reports regarding store traffic that relies in part of information collected from the WiFi access points to track traffic patterns in our stores. | Where such technology is used, we will provide a prominent notice at the location. If you wish to exclude your device from such in-store mobile analytics, you can opt out at any time by turning off WiFi on your device. | We’ll only do this with your consent. |
lululemon does not sell your personal data to any third party. We do, however, share personal data with a select number of trusted third parties to enable us to provide you with our products and services, to send marketing information and to improve our business (for both you and us) for the purposes described below.
WHO WE SHARE IT WITH | WHY WE’RE SHARING IT |
Affiliates and Subsidiaries | We disclose your personal data with our holding company, subsidiaries, and affiliates, including lululemon athletica inc. lululemon usa inc. and lululemon athletica canada inc., for the purposes described in the “WAYS WE COLLECT YOUR PERSONAL DATA” section above. |
Service Providers |
We disclose personal data with third parties or individuals we hire or work with that perform services on our behalf, including customer support, web hosting, information technology, payment processing, financing, product fulfilment, fraud control, marketing and database management, direct mail and email distribution, events, contest, sweepstakes and promotion administration, music integration, extended warranty services, and advertising and analytics services. These service providers have access to personal data needed to perform their services but may not use it for other purposes. Since our service providers are located around the world, please note that these disclosures involve cross-border transfers of your personal data as described in the “International Data Transfers” section below. |
In Connection with Corporate Transactions | Personal data may be disclosed or transferred as part of, or during negotiations of any purchase, sale, lease, merger, amalgamation, or any other type of acquisition, disposal, securitisation or financing involving lululemon. |
Professional Advisors | We disclose personal data with our legal, financial, insurance, and other advisors in connection with the kinds of corporate transactions described above or in connection with the management of all or part of lululemon’s business or operations. |
Law Enforcement Authorities and Individuals Involved in Legal Proceedings | We disclose personal data when we believe doing so is reasonably necessary to comply with applicable law or legal process (including an enforceable request from authorities), to respond to claims (including inquiries by you in connection with your purchases from lululemon), enforce or apply our Terms of Use or to protect the rights, property, or personal safety of lululemon, our users, employees, the public, or others. |
Other Users of the Services or the Public | When you use lululemon Studio, we may display your username such that other users may see your username and contact you. For example, if you choose to add other users as friends or participate in face-offs, your video, profile data, and fitness and performance data may be visible to these other users and the other users may be able to comment on your workouts (with the comments becoming part of your lululemon Studio profile). Also, if you choose to activate the camera on your MIRROR device during a workout, other users may be able to see your video while the workout is occurring or during future, on-demand versions of the workout. We do not control how other users or third parties use any personal data that you make available to them. Please be aware that any information you post publicly can be cached, copied, screen captured, or stored elsewhere by others (e.g., search engines) before you have a chance to edit or remove it. |
With Your Consent or at Your Direction |
We disclose personal data, such as profile data and communications data with third parties when we have your consent or direction to do so. For example, if you decide to participate in certain interactive areas or features of our events or Services, such as creating a public profile and posting your goals, you consent to the disclosure of this information to other users of our Services. We may also disclose your personal data with third parties, such as personal trainers, fitness studios, and providers of online booking tools, when you intentionally direct us to do so or when you use our Services to intentionally interact with third parties. |
Aggregated, Anonymized or De-identified Data | We may also disclose aggregated, anonymized, or de-identified information, which cannot reasonably be used to identify you. |
Third Party Advertising partners |
We may share personal data we collect, including about your usage of the applications and services, with our advertising partners so that they can better target and/ or personalize advertisements displayed within any lululemon service, on another website or any application used by you. Some of our third-party advertising partners act either as joint controllers of your personal data along with lululemon or as independent data controllers, and thus will handle shared data under the terms of their own privacy policies. This means that we provide you with information in this privacy policy, but you should contact of the relevant third party if you want to exercise your data protection rights relating to the data that has been shared. Further information, including how the third party enables you to exercise your data protection rights, and subsequently processes your information, can be found in that third party’s privacy policy. Our third party partners currently include: |
If want to find out more about the third parties we may share personal data with, or how to find out more on how they will use your data, please contact us at the details provided in the “Contact Us” section below.
RETENTION OF DATA: HOW LONG DO WE STORE YOUR DATA AND WHERE?
HOW WE PROTECT YOUR PERSONAL DATA?
We have physical, technical and administrative measures in place to help protect personal data from loss, unauthorised access or processing, modification, disclosure, damage, alteration, destruction or other misuse.
Unfortunately, the transmission of information via the internet is not completely secure or private. You understand that any messages or information you send to our websites may be read or intercepted by others. If you have any questions about the security of personal data collected by lululemon contact us HERE.
HOW LONG DO WE KEEP IT FOR?
We retain personal data only for as long as necessary to achieve the purpose for which such personal data was collected, unless a different retention period is required under applicable law. We also retain personal data for as long as you have your account, or as long as is needed to be able to provide the services or products to you, or (in the case of any contact you may have with our Guest Education Centre) for as long as is necessary to provide support-related reporting and trend analysis.
If reasonably necessary or required to meet legal or regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce our terms and conditions, lululemon may also keep personal data as required, after an account is closed or is no longer necessary to provide services.
Unless otherwise required by applicable law, lululemon will take reasonable steps to destroy or permanently de-identify personal data we hold if such personal data is no longer needed for the purpose for which it was collected.
INTERNATIONAL DATA TRANSFERS
BETWEEN LULULEMON COMPANIES:
As lululemon is a global business with operations and subsidiaries both inside and outside of the UK and EEA, the personal data that we collect may be transferred to and stored or otherwise processed by our holding company, corporate affiliates, subsidiaries, and service providers outside of the UK, Switzerland and the EEA, including (but not limited to) in the United States, Canada or Australia. For a copy of the relevant transfer mechanism that we use to transfer your data (i.e. EU Standard Contractual Clauses), please contact us at [email protected].
TO THIRD PARTIES:
We also transfer personal data to service providers that process personal data for us in the United States, Canada and other locations (as an example, Amazon Web Services process information for us in various data center locations, including those listed at: https://aws.amazon.com/about-aws/global-infrastructure/).
While in another jurisdiction for processing, your personal data may be accessed by the courts, law enforcement, and national security authorities of that jurisdiction. These jurisdictions may not provide levels of data protection that are equivalent to those of your home jurisdiction and may not be considered by the European Commission to offer adequate protections for personal data.
HOW WE TRY TO PROTECT YOUR DATA SO FAR AS POSSIBLE:
We ensure, with the signature of Standard Contractual Clauses adopted by the European Commission, that personal data transferred outside the UK, EEA and Switzerland is maintained with at least the same level of security and protection for the transfer of personal data that is required under applicable law. Where the recipient is located outside the UK, EEA, or Switzerland in a country without an Adequacy Decision, we implement appropriate security safeguards, such as executing Controller to Processor or Controller to Controller EU Standard Contractual Clauses approved by the EU Commission, to ensure adequate security of the data being transferred. You may request a copy of these Standard Contractual Clauses that we use to facilitate this transfer of data by contacting us at [email protected].
DATA SHARING, ADS, & COMMUNICATION OPT-OUTS:
MARKETING COMMUNICATIONS
Upon your consent, we’ll send you marketing messages to keep you aware of what we’re up to and to help you see and find our products and services.
You may opt out of receiving promotional communications from us at any time by following the instructions in those communications or by logging into your online account and changing your communications preferences. In addition, whilst you have the right to withdraw at any time, this does not affect the lawfulness of our processing of your personal data prior to the date that you withdrew your consent.
If you let us know that you don’t want to receive marketing messages, it might take a few days for all our systems to be updated, so it is possible that you still get communications from us while we process your request.
Please note that if you opt out, we will still send you non-promotional communications and you will still continue to receive service communications, such as those about your account or our ongoing business relations like order updates. We need to do this to comply with our contractual commitments with you and sometimes the law.
LOCATION DATA
When you first launch any of our mobile applications that collect precise location information, you will be asked to consent to the application’s collection of this information.
If you initially consent to our collection of this location information, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device. If you do this, our mobile applications, or certain features thereof, may no longer function properly.
MOBILE PUSH NOTIFICATIONS/ALERTS
With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.
COOKIES AND SIMILAR TRACKING TECHNOLOGIES
Like many websites, lululemon uses cookies to analyze visits to our websites and emails and help us improve our website, services and marketing campaigns. Most web browsers are set to accept cookies by default.
If you prefer, you can usually set your browser to remove or reject cookies. Please follow your browser’s process for doing so. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our websites.
We may also allow others to provide analytics services and serve advertisements on our behalf across the web and in mobile applications. These entities may use cookies, pixels, web beacons, device identifiers, and other tracking technologies which collect information about your use of the Services and other websites and applications. This information may be used by lululemon and others to, among other things, analyse and track data, determine the popularity of certain content, deliver advertising and content targeted to your interest on our Services and other websites, and better understand your online activity.
For more information about interest-based ads, or to opt out of having information about your use of the Services used to show ads that are targeted to your interests on other sites and services, please visit WWW.ABOUTADS.INFO/CHOICES.
For advertisements on any third-party platforms, please refer to the particular third-party platform’s privacy policy to learn more about your choices.
KNOWING YOUR RIGHTS
Depending on where you reside, you may have the following legal rights relating to your personal data. We’ve set some of these out below and ways that you can exercise them.
EXERCISING YOUR RIGHTS
You can submit your data subject requests via our PRIVACY PORTAL or by getting in touch with us via the contact information provided in the “Contact Us” section below.
Upon submission, we may ask you to verify your identity and request type before taking further action on your request. If an authorized agent submits a request on your behalf, please be aware that we may need to contact you to verify your identity and your use of an agent to protect the security of your personal data.
We will not discriminate against you if you choose to exercise your rights.
EXCEPTIONS TO YOUR RIGHTS:
In certain scenarios, your rights set out above may be limited, such as if you ask us to delete information which we are required to hold by law, or is we have a compelling reason to keep it. In the event that we do keep your data, then we will let you know and then only use your information for those limited circumstances. Please be aware that you may be unable to use our sites or access our services if you want us to stop processing your personal data.
Please note that our websites contain links to third-party websites that are not controlled or operated by lululemon. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that lululemon does not accept any responsibility or liability for these policies. Please review these policies before you disclose any personal data when visiting such third-party websites.
We allow our e-commerce partner, U.S. Direct E-Commerce Limited (trading as “ESW”), to directly collect personal information from you for the purposes of facilitating ordering and shipping internationally. If you are shipping to a country supported by ESW, you will navigate away from our Services to a co-branded checkout experience. Please review ESW’s privacy policy. for more information on ESW’s data processing practices.
ADDITIONAL INFORMATION FOR AMBASSADORS
If you are a lululemon ambassador, this section also applies to you. We may collect additional identifiers, such as your passport number and social security number, user-generated content such as product reviews, professional or employment-related information, and other information you provide to us.
We may also collect information about your activity on our intranet or other collaboration platforms via log files, cookies, web beacons, and other tracking technologies. We may collect and use your personal data to manage the ambassador program, such as to conduct pre-participation checks or references, process and payments, and conduct performance reviews. We may disclose your personal data with other users of the Services or the public.
If you have any questions or enquiries relating to our privacy practices or procedures, you may write to the Privacy Officer via email at [email protected]. You may also direct your questions or comments about this Privacy Policy or our data protection practices to our Privacy Portal.
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