The North Face - Legal Notices

Copyrights

Trademarks

All registered product names and technology trademarks indicated on this site are registered trademarks of The North Face or are the sole property of their respective companies. Except as expressly granted in this section (or to you specifically in writing), neither The North Face, nor any its suppliers grant any express or implied right to anyone for any patents, copyrights, trademarks or trade secret information.

Confidentiality

Certain areas on this web site may contain The North Face confidential information. [A valid user name and password are required to access those areas.] Access by unauthorized persons, and unauthorized use or disclosure of The North Face confidential information, may be a violation of The North Face's rights and are strictly prohibited. By accessing The North Face confidential information, you agree to keep this information confidential, or, if you have a contractual right to use The North Face confidential information for your customers, your customers' networks. You also agree to treat this confidential information with a standard of care which is of at least as high a standard as that which you apply to your most confidential information and to only disclose it within your company to employees with a "need to know" who are instructed and agree not to disclose the information and not to use the information for any purpose not permitted. [You will not alter, decompile, disassemble, reverse engineer, or modify any of this confidential information that you receive.]

Any questions, comments, suggestions, or other information submitted to The North Face in response to this web site shall be deemed non-confidential and The North Face shall be free to use, reproduce, disclose and distribute such information and any ideas contained therein in any manner without limitation.

The North Face discourages you from sending us any information that you consider to be confidential or proprietary through this web site. Please note that if you do send us any such information or material, The North Face will assume it is NOT confidential.

Ownership

The information on this web site, along with any materials incorporated herein (including, for example, white papers, press releases, data sheets, product descriptions and FAQs) is the copyrighted work of The North Face and/or its suppliers and is protected under US and worldwide copyright laws and treaty provisions. The North Face grants you permission to copy such materials so long as each copy (i) is solely for your own informational, non-commercial use and is not modified or revised in any manner, (ii) plainly displays all copyright and other proprietary notices, in the same form and manner as on the original AND (iii) displays a statement that the materials are used solely with permission of The North Face. No other use of the information is authorized.

Any product obtained from this web site is governed exclusively by the license terms accompanying the file or product or the terms of the license agreement which accompanied the original product licensed by you which you are updating, and by downloading such software or obtaining such product, you agree to abide by the terms of the license. Any reproduction or redistribution of such software or such product not in accordance with the license is expressly prohibited by law.

Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of The North Face or any third party.

Disclaimers

We work hard to make this web site interesting and user-friendly, but we cannot guarantee that our users will always find everything to their liking. Please read this Disclaimer carefully before using our web site.

YOU AGREE THAT YOUR USE OF THIS SERVICE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS SERVICE OR ANY MATERIAL AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THENORTHFACE.COM, NORTHFACE.COM, THE NORTH FACE OR ANY OF ITS AFFILIATES.

THIS SERVICE IS PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. THENORTHFACE.COM, NORTHFACE.COM, THE NORTH FACE, ANY OF THE CONTRIBUTORS TO THIS WEB SITE AND THEIR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS SITE, NOR DO THEY GUARANTEE THAT THIS SITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITH RESPECT TO DOCUMENTS AVAILABLE FROM THIS SERVER, NEITHER THENORTHFACE.COM, NORTHFACE.COM, THE NORTH FACE, NOR ANY OF THE CONTRIBUTORS TO THIS WEB SITE OR THEIR AFFILIATES, AGENTS AND LICENSORS, MAKES ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ASSUMES ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT, OR PROCESS DISCLOSED, OR REPRESENTS THAT ITS USE WOULD NOT INFRINGE PRIVATELY OWNED RIGHTS. WE DO OUR BEST' TO PROVIDE USEFUL INFORMATION, HOWEVER, WE MAKE ABSOLUTELY NO GUARANTEES AS TO THE CURRENCY, ACCURACY, OR QUALITY OF INFORMATION WE PUBLISH.

UNDER NO CIRCUMSTANCES SHALL NORTHFACE.COM, THE NORTH FACE, ANY OF THE CONTRIBUTORS TO THIS WEB SITE AND THEIR AFFILIATES, AGENTS AND LICENSORS, OR THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE INFORMATION CONTAINED ON OR THE PRODUCTS SOLD THROUGH NORTHFACE.COM, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF NORTHFACE.COM, THE NORTH FACE, ANY OF THE CONTRIBUTORS TO THIS WEB SITE AND THEIR AFFILIATES, AGENTS AND LICENSORS, AND THEIR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF THENORTHFACE.COM, NORTHFACE.COM, THE NORTH FACE, ANY OF THE CONTRIBUTORS TO THIS WEB SITE AND THEIR AFFILIATES, AGENTS AND LICENSORS, AND THEIR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE SERVICE FOR THE USE OF THE SERVICE. NORTHFACE.COM MAY, BUT IS NOT OBLIGATED TO, MONITOR OR REVIEW STATEMENTS MADE BY THIRD PARTIES ON THIS WEB SITE. USERS OR OTHER THIRD PARTIES MAY POST STATEMENTS OR INFORMATION ON SOME PORTIONS OF THIS WEB SITE FROM TIME TO TIME. NEITHER NORTHFACE.COM NOR THE NORTH FACE MAKES ANY REPRESENTATION AS TO THE ACCURACY, APPROPRIATENESS, LEGALITY, OWNERSHIP OR OTHER ASPECTS OF SUCH STATEMENTS OR INFORMATION. NORTHFACE.COM AND THE NORTH FACE EXPRESSLY DISCLAIM ANY LIABILITY FOR SUCH THIRD PARTY STATEMENTS UNDER CRIMINAL OR CIVIL LAWS RELATING TO DEFAMATION, INTELLECTUAL PROPERTY INFRINGEMENT, PRIVACY, OBSCENITY, OR OTHER AREAS OF LAW. ALSO, AT TIMES THIS WEB SITE MAY CONTAIN LINKS TO WEB SITES MAINTAINED BY OTHER COMPANIES, INDIVIDUALS OR AGENCIES WHICH ARE PROVIDED AS A CONVENIENCE TO THENORTHFACE.COM OR NORTHFACE.COM USERS. THESE LINKED WEB SITES ARE NOT UNDER THE CONTROL OF EITHER NORTHFACE.COM OR THE NORTH FACE. AND ARE PROVIDED MERELY AS A CONVENIENCE. THE INCLUSION OF SUCH LINKS DOES NOT IMPLY AN ENDORSEMENT, AND NEITHER NORTHFACE.COM NOR THE NORTH FACE ARE RESPONSIBLE FOR THE ACCURACY OF INFORMATION ON SUCH WEB SITES. NEITHER NORTHFACE.COM NOR THE NORTH FACE INC. MONITORS OR REVIEWS THE CONTENT OF SUCH THIRD PARTY WEB SITES AND THEREFORE ADVISES YOU THAT YOUR ACCESS BY LINK TO THIRD PARTY WEB SITES IS AT YOUR OWN RISK.

U.S. Government Rights

Certain items on this web site may constitute "commercial computer software" or "commercial computer software documentation" as those terms are used in 48 CFR 12.212. Unless otherwise agreed, use, duplication, or disclosure of such software and documentation by U.S. Government civilian agencies is subject to restrictions as set forth in 48 CFR 52.227-14 (ALT III) and 48 CFR 52.227-19, and use, duplication, or disclosure by DoD is subject to restrictions as set forth in 48 CFR 227.7202-1(a) and 48 CFR 227.7202-3(a) or, if applicable, 48 CFR 252.227-7013(c)(1)(ii) (OCT 1988). The North Face, Inc. [insert address] is unpublished-rights reserved under the copyright laws of the United States.

Compliance With Applicable Laws; Export Control Laws

User access to this Web Site is governed by all applicable federal, state and local laws. All information available on the Web Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. All The North Face products and publications are commercial in nature. Neither Northface.com nor The North Face makes any representations regarding the legality of access to or use of this web site or the information contained therein from other countries. Any export or use of the information contained herein or the products sold through this web site by a user must be in compliance with all U.S. export laws and regulations in effect at the time of such export or use, and use is limited as described herein. Access in countries where the information contained herein or the products sold through this web site are illegal is prohibited. Users who access this web site from outside of the United States do so at their own risk and are responsible for compliance with applicable US export and local country laws.

Disclosure - Forward-looking Statements

Some of the information on this web site may contain projections or other forward-looking statements regarding future events or the future financial performance of The North Face. We wish to caution you that these statements are only predictions and that actual events or results may differ materially. We refer you to the documents The North Face files from time to time with the Securities and Exchange Commission, specifically, The North Face's most recent Form 10-K, Form 10-Q, and Form 10-Q/A. These documents contain and identify important factors that could cause the actual results to differ materially from those contained in our projections or forward-looking statements, including, among others, potential fluctuations in quarterly results, dependence on new product development; rapid technological and market change, acquisition strategy, manufacturing risks, risks associated with Internet infrastructure, volatility of stock price, financial risk management, and future growth subject to risks.

Premises

THE NORTH FACE ITALY S.r.l., with registered office in Via Levada, n. 145/A, 31040 – Pederobba (TV), Italy (“TNF”), operates the European version of the web-site www.thenorthface.com, under the following URL address: www.thenorthface.com/eu/ (“Site”). The project was carried out with the highest standards of commitment and accuracy with regard to the privacy’s issues.
This document (“Privacy Policy”) has the aim to explain to the Site’s users the modalities by means of which TNF intends to collect, manage, protect and use the users’ information in relation with their interaction with the Site and their exploitation of the services and functions offered by the Site. The Privacy Policy has been drawn up in compliance with the Recommendation n. 2/2001, adopted on May 17, 2001 by Article 29 Data Protection Working Party in relation to the minimum requirements for the collection of data on-line within the European Union. The Privacy Policy furthermore provides the users with the information concerning the purposes, features and conditions of the data processing in compliance with Art. 13 of Legislative Decree dated June 30, 2003 n. 196 consolidated (“Privacy Code”). The Privacy Policy specifies the identity of the Data Controller which is in charge for the management and protection of the personal data collected and processed through the Site. The Privacy Policy also lists the collected personal data as well as the modalities and purposes of the processing, including all the information concerning the eventual sharing of the users’ personal data with third parties, the security measures which have been applied with the aim at protecting such data together with the modalities by means of which any user may verify the processing of data relating to the user and enforce the user’s rights as acknowledged under the Privacy Code.
The Privacy Policy refers exclusively to the aforementioned Site, with the exclusion of any other web-site that might be quoted in the Site or linked to the Site.

Data Controller

The data controller for the processing performed through the Site is The North Face Italy S.r.l. that can be contacted as follows: Via Levada 145/A, 31040 Pederobba (TV), Italy or by email through the proper form therein provided: http://www.thenorthface.com/eu/contact-us-email.html. With reference to the exercise of the rights of user, as provided under art. 7 of the Privacy Code, user can contact The North Face Italy S.r.l., that can be contacted as follows:

Phone: (+39) 0423 683 110
Fax: (+39) 0423 683 120.
By traditional mail:
The North Face (Italy) S.r.l
Via Levada 145
31040 Pederobba (TV)
Italy;

Or by sending an e-mail through the proper form provided at the following link: http://www.thenorthface.com/eu/contact-us-email.html.

Nature of the collected information

The Site surfing is free, and the use of the related informative contents is allowed to all the users needless of record and hence, the utilization of the Site does not imply collection and processing of personal data of the users with the exception of the data collecting and processing activities necessary for the consultation of the Site, as will be hereinafter specified with regard to the so-called surfing data.
The data processing of the Site’s users is limited to the so-called surfing data. Their transmission to the Site is implicit in the functioning of the information systems in charge of the managing of the Site and in the use of communication protocols proper of the Internet. Surfing data are, for example, IP addresses or the domain names of the computers employed by the users who connect to the Site and other parameters relating to the type and the information operating system employed by the users. Surfing data might allow the user identification through the data processing and matching with the information available to third parties. The data collection and processing carried out by TNF does not aim at identifying the user, but rather it aims at statistical purposes in relation with the Site access and use in anonymous form. Furthermore the object is to monitor the correct Site functioning and optimize its content, always in anonymous form. Surfing data might be used to investigate possible liabilities in case of eventual computer-related crimes that can damage the Site, or crimes that have been committed through the Site. TNF keeps the users’ surfing data only temporarily and in any case in accordance with applicable legislation.

Furthermore TNF collects and processes personal data that are voluntarily provided by the user upon the interaction with the Site functionalities and request of the services offered by the Site. For example: in case of user request of information, or user sending to TNF of a question or a communication through traditional mail or Site.

Should the latter be the case, two types of information will be required to user:

Data that do not allow the direct identification of the user:
Sex.
Data that allow the direct identification of the user:
Name and Surname, date of birth of the user: the data allows identifying the user.
Country of origin + City.
User’s email: this is an essential data to contact the user.

With the user’s consent, which is optional, TNF may also collect general and particular data on user for marketing purposes, notably to send user weekly or monthly through the newsletter that user can subscribe to on the Site containing information on our products, on TNF and promotional or marketing events and similar initiatives organized by TNF or to which TNF takes part to (for example, events sponsorships, information on the activities of the sponsored athletes), including possible invitations to said events and initiatives. User can always oppose receiving marketing communications through e-mal: every communication will contain a special section indicating the methods for withdrawing user’s consent.

In the specific section of the Site where the aforementioned personal data are collected, a specific information statement according to Section 13 of the Privacy Code. is published [http://www2.thenorthface.com/eu/contact-us.html]. When requested under the Privacy Code, TNF requires the user’s consent before proceeding to the personal data processing.

Storing of the collected personal data

The operations of personal data processing that are connected to the Site activities and services are carried out in the aforementioned TNF registered office and by third parties assigned by TNF to manage and run the Site. Furthermore, other companies of the TNF group may be involved in the data processing in relation to the functionalities and services offered through the Site, for example in relation to performance of the orders placed by user. Please refer to the below section on the extent of data communication.

Use of cookies

A cookie is a piece of text that is placed on the hard driver of user’s computer. If user agrees, then the browser adds the text in a small file. The purpose of a cookie is to help us analyze web traffic or let us know when user visits a particular page. Cookies allow a web application to respond to any user. By gathering and remembering information about user preferences, the web application can tailor its operation to its needs, likes and dislikes.
We use traffic log cookies to identify what pages are being used and which ones aren't. This helps us aggregate and analyze data about web page traffic and make improvements to the Site to better meet customer needs. In this case, we use this information only for statistical analysis purposes and then the data is removed from the system. Denial of a traffic log cookie should not prevent user from using the Site.
Cookies help us give user a better Site to use, by letting us monitor what's working and what isn't through site traffic analysis. We want to be sure user understands that accepting a cookie in no way gives us access to its computer or any personal information about user, other than the data user chooses to share with us. The cookies do not allow TNF any kind of control on the user’s computer. The Help Section (Help) of the Tool bar, that can be found on most of the browsers, shows how avoiding the reception of cookies by the browser, web bacons and other interactive technologies. Furthermore the Help Section explains how being informed on the reception of such technologies or how disabling them. The disabling of the cookies could limit the use range of the Site and prevent the user from benefiting from the functions of the Site services.

Purposes and conditions of the personal data processing

The personal data that are voluntarily provided by the user will be used by TNF to comply with obligations imposed by laws, regulations and Community legislation, to establish or defend a legal claim of TNF, reply to questions mentioned by user and communication as well as to provide the information required by the user, and to manage the user’s interaction with the Site services and functionalities. With user’s consent, data will also be processed for marketing purposes as above specified.

The personal data collected by TNF are mainly processed through automated tools under procedures and logics functional to the processing purposes specified in this Privacy Policy.
However they are also processed without any electronic support. The data will be processed and managed limited to the time necessary to reach the aforementioned purposes.

Security measures

The access to the information collected by TNF is allowed only to authorized TNF staff members in charge of the processing. Should TNF ask any third party to access the data, in order to perform specific processing services, as provided in this Privacy Policy, TNF shall then select only trusted professional companies. TNF shall authorize access to the personal data only when it is necessary to perform specific services and activities for TNF.

Personal data are processed by TNF in compliance with the security provisions as set forth by applicable laws and regulations in order to prevent loss of data, unlawful or unfair use of data and unauthorized access to data, with specific but not limited reference to Annex B to the Privacy Code (Technical Specifications Concerning Minimum Security Measures). Moreover, information systems and software programs are configured by reducing to the minimum the use of personal and identification when they are not necessary in relation to the specific data processing purpose form time to time sought.

Extent of personal data communication

TNF communicates personal data of the user within the limits and methods that are specified in this Privacy Policy and in the information statement published on the Site in the sections where data are collected. The data processing will take place in any case in accordance with the consent granted by the user upon data collection, when required by the Privacy Code.

Within TNF’s company, user’s personal data will be accessible by the internal and external personnel that need to access them because of their duties in relation to the processing purposes herein specified as persons charged with data processing operations, and by the Processor, if appointed. The complete and updated list of Processors, if appointed and of the subjects to which data may be communicated will remain at user disposal free of charge upon request at TNF.

Furthermore personal data of the user can be communicated to professionals, independent consultants, business partners of TNF, notably third parties to which TNF may revert to in relation to performance of business, professional and technical services functional to the managing of the Site and its functionalities, and third parties that offer services strictly functional to performance of the services offered on the Site. User personal data may also be communicated to other companies and subsidiaries of the TNF group that will process data according to applicable privacy legislation for performance of the processing activities and achievement of the processing purposes herein specified, and to third parties in case of mergers, acquisitions, transfer of any of our assets, products, sites or operations. These third parties will be provided only with the information necessary to performance of their respective functions; they agree to use the information received only for the processing purposes above specified and to keep it confidential and secure. Except for the foregoing, user’s personal data will not be shared with third parties, natural persons or legal entities, that are unrelated to, or that do not perform a business, professional or technical function for TNF.
The data can also be communicated to anybody who is the lawful receiver of communication under laws and regulations, for example in case of information requested by governmental authorities or legal provisions, and if TNF in good faith holds the data communication as necessary to comply with obligations deriving from applicable legislation, to protect and defend the rights and property of TNF and the Site. In any case, said third parties will be provided only with the information necessary to perform their respective functions. They will process the data as Controllers, Processors or persons in charge of the data processing, as the case may be, for the same purposes that are specified in this Privacy Policy.
The user’s personal data shall not be communicated to third parties who might process them for their own promotional purposes and moreover the data will under no circumstance be spread.

Providing of personal data

Except for what stated above concerning the so-called surfing data, providing of data by the user is mandatory for the activities necessary to comply with applicable legislation; is necessary for the supplying of the information and answers required by user and to manage user interaction with the Site and the services and functionalities offered through the Site as above described. Denial of providing user’s data would make it impossible for TNF to provide user with the requested information, answers and activities as above specified.
Providing of data by user for marketing purposes is optional; denial of providing user’s data for said purpose will have no consequence.

User’s rights

User is entitled to enforce at any moment the rights acknowledged pursuant to article 7 of the Privacy Code, including but not limited to the right to receive in any moment the confirmation of the existence of its personal data, and to verify their content and origin. It is also entitled to verify the accurateness of said data, to ask their update, integration, correction, and cancellation, transformation in anonymous form. User has also the right to block the data that have been processed in violation of the laws and regulations, and user can oppose the data processing for legitimate reasons. For any question or request concerning the processing of the personal data of the user by TNF, and to enforce the rights under the Privacy Code, user may contact TNF at the following address: The North Face Italy S.r.l., located at Via Levada, n. 145/A, 31040 – Pederobba (TV), Italy, that can be contacted as follows:
Phone: (+39) 0423 683 110
Fax: (+39) 0423 683 120:

By traditional mail:
The North Face (Italy) S.r.l.
Via Levada 145
31040 Pederobba (TV)
Italy;

Or by sending an e-mail through the proper form provided at the following link: [http://www.thenorthface.com/eu/contact-us-email.html]

Links to other sites

The Site provides also users with links to other web-sites (including web sites owned by other companies belonging to VF Corp. Group). TNF does not have any access or control over the user’s personal data collection and processing that is carried out by these third parties. TNF openly refuses any responsibility concerning the collection and processing of user’s personal data carried out by other web-sites which were linked in the Site. TNF encourages the user to read the privacy policy of other web-sites that are accessed by the user, in order to know the methods of the data collection and processing.

This Privacy Policy is subject to updating by TNF. The version published on the Site is the version actually in force. If TNF changes in any way this Privacy Policy, TNF will notify user of such changes by posting a link on the home page of the Site to the privacy policy of the Site as amended that reads “Newly Revised Privacy Policy”. TNF invites user to periodically review the Privacy Policy in order to be informed of any relevant change.

The Effective Date of this Privacy Policy is: May 14th 2009.