(Last Updated: October 1, 2009)
We reserve the right to modify this Policy at any time and will notify you of such changes by posting the modified Policy on our Site and indicating at the top of the Policy the date it was last updated. If there are material changes to this Policy, we will notify you more directly.
PERSONAL INFORMATION WE COLLECT
You provide personal information to us in a number of ways when you visit the Site. For example, you provide us with personal information when you:
create or update an account or profile and subscribe to our e-mail newsletter or other services (“Services”);
purchase KEEN products on the Site;
participate in a survey, contest, sweepstakes, or other promotions on the Site;
contact us by e-mail for any reason, such as to request help with the Services, or to provide us with your comments/feedback;
submit personal information in connection with photos/stories for our potential use and/or publication.
We may collect your name, image, billing and shipping addresses, e-mail address, phone number, credit card number and expiration date. We may also collect certain demographic information in connection with your participation in any survey, contest, sweepstakes, or promotion on the Site such as gender, birth day and month, city, state and country, websites and personal interests.
Web Beacons. “Web beacons” (also known as “web bugs,” “action tags,” “pixel trackers,” or “clear GIFs”) may also be used on the Site or in our emails. Web beacons are small graphic images placed on a web page, web-based document, or in an e-mail message that allow the collection of certain information and monitor user activity on the Site or in emails. Web beacons are invisible because of their size (only 1 by 1 pixel) and because they are the same color as the background of the web page. Web beacons are used to collect the IP address of the computer that the Web beacon is sent to, the URL of the page the Web user comes from and the time the Web beacon is activated (such as when you view the webpage, advertisement, or e-mail that contains the Web beacon).
HOW WE USE PERSONAL INFORMATION
In general, we use personal information collected on the Site to provide the Services and otherwise process transactions on the Site, to provide support for the Services, to respond to user requests and inquiries, to maintain a record of our dealings with Site users, to develop and improve products and services, to inform users about products or services we think will be of interest and to allow users to connect or search for other customers that share similar interests.
When we use your personal information in our marketing efforts, we provide you with choices (see “Choice,” below). We may also receive information from third parties with whom we have business relationships, and may combine this information with the other personal information we maintain about you (for example, we may receive updated information about you, such as an updated billing address, from the financial institution issuing your credit card in connection with billing for KEEN products).
SHARING PERSONAL INFORMATION
The HybridLife section of the Site is designed as an open and public social community for connecting and sharing with other people. When you sign up you will be asked to provide your email address and your name. Your name will be displayed publicly along with photos, stories, posts, and other information you choose to provide in your profile including your city, state, country, birth day and month, gender, and your Web site, blog, and social networking URLS. Certain data such as last name, birthday and gender can be provided to Keen without displaying to others by choosing settings of “Don’t display.” Except for first name, if there is other information you do not want displayed publicly, you may choose not to include it in your profile.
We may also post or publish your information when you submit comments, stories, photos, and videos in connection with surveys, contests, sweepstakes, or promotions offered on the Site.
We do not share, sell, trade, or rent personal information to third parties, including for their own marketing purposes without your prior consent except in the limited circumstances described in this Policy. We may share personal information with third-party vendors who assist us in operating our business. These functions may include, for example, analyzing traffic information or other data, providing marketing assistance to us, mailing items, processing credit card transactions, and fulfilling or delivering orders. In all cases, we limit the information shared with our third-party vendors to that which is necessary to carry out those functions.
We also disclose personal information when we believe it is appropriate to comply with the law (e.g., a subpoena, warrant or court order) or respond to lawful requests and legal process; to enforce or apply this Policy or our other policies or agreements; to initiate, render, bill and collect for amounts owed to us; to protect the rights and property of Keen, our agents, our community members, our customers’ and others; to protect our community members, customers and others from fraudulent, abusive, or unlawful use of the Site or Services; or if we reasonably believe that disclosure is needed to respond to an emergency or protect the personal safety of any person.
In addition, information about our customers, including personally identifiable information, may be disclosed or transferred as part of any merger, acquisition, debt financing or sale of company assets, as well as in the event of an insolvency, bankruptcy or receivership in which personally identifiable information could be transferred to third parties as one of our business assets.
We encourage parents to take an active interest in their children’s use of the Internet. The Site is not designed to collect personal information from children who are under 13 years of age, and we do not intend to or knowingly collect such information. If you are under 13, you should not provide personal information on our Site.
We use reasonable security measures in an effort to prevent loss, misuse, unauthorized access, disclosure, destruction and alteration of information while it is under our control. We cannot, however, guarantee the protection of information against such events, nor can we promise that your information may be not be disclosed or accessed by accidental circumstances or by the unauthorized acts of others.
When you register for an account on the Site, we ask you to create a password. To protect the confidentiality of your personal information, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of the Site by any person using your password. Please advise us immediately if you believe your password has been misused or otherwise misappropriated.
To opt-out of receiving marketing or other promotional communications from us, to access, change or delete your personal information maintained by us, or to otherwise change your choices about how we use your personal information we provide you with the following options: you may (1) follow the “Unsubscribe” instructions contained in the communication from us; (2) e-mail us at email@example.com or (3) write to us at the following address with your request:
KEEN Europe Outdoor BV
Attn: Online Customer Service
3024 EA Rotterdam
Opt-out requests will not apply to transactional service messages, including security alerts and notices about your current account and services.
The My Profile section of the HybridLife Community also allows you to set your preferences about what is displayed to others. The My Account section also allows you to modify your HybridShop billing and shipping information.
We welcome your feedback. If you have any comments or concerns about this Policy or would like to contact us for any reason, you may reach us via e-mail at firstname.lastname@example.org. Thanks for visiting www.KEENfootwear.com!
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WEBSITE TERMS AND CONDITIONS
WEBSITE TERMS AND CONDITIONS
Date of Last Revision: October 1, 2009
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT USE THIS WEBSITE.
These terms and conditions of use (“Site Terms”) apply exclusively to your access to, and use of, KEEN, Inc.’s (“KEEN”) website at www.KEENfootwear.com (the “Site”). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with KEEN, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify you and KEEN for violations of these Site Terms.
KEEN reserves the right to change or modify these Site Terms and/or any policy or guideline of the Site at any time in its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies on the Site to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
If you have any questions about the use of the Site, please send them to email@example.com or the mailing address listed below.
2. Copyright and Limited License
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the KEEN logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of KEEN or its licensors or users and are protected by U.S. and international copyright and/or other intellectual property laws.
You are granted a limited, non-sublicensable license to access and use the Site and electronically copy (except where prohibited without a license) and print to hard copy portions of the Site Materials solely for your informational, non-commercial and personal use, or to purchase KEEN products. Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of KEEN, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
3. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, KEEN has adopted a policy of terminating, in appropriate circumstances and at KEEN’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. KEEN may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
4. Copyright Complaints
If you believe that anything on the Site infringes any copyright which you own or control, you may file a notification of such infringement with our Designated Agent (“Agent”) as set forth below.
Name of Agent to Receive Notice of Claimed Infringement: Christa DePoe, GM KEEN Online
Address for Sending Notifications to Agent:
926 NW 13th Avenue, Suite 210, Portland, Oregon 97209
Phone Number of Agent: 1-866-676-KEEN
Fax Number of Agent: 503-402-1545
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Please note that the information provided in your notification, including any personal information contained therein, may be forwarded to the person who has provided the allegedly infringing content, and your sending us such notification constitutes your consent to share this information with the alleged infringer.
You should also note that if you make any misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, e-mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s address in our records.
KEEN, the KEEN logo, HYBRIDLIFE, and any other product or service name or slogan contained in the Site are trademarks of KEEN (and/or its suppliers or licensors as indicated), and may not be copied, imitated or used, in whole or in part, without the prior written permission of KEEN or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “KEEN” or any other name, trademark or product or service name of KEEN without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of KEEN and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any third-party products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by KEEN.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray KEEN or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a KEEN logo or other proprietary graphic of KEEN to link to this Site without the express written permission of KEEN. Further, you may not use, frame or utilize framing techniques to enclose any KEEN trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without KEEN’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of KEEN or any third party.
7. Third Party Content
The Site may provide access to third party content and/or links to third-party websites (collectively the “Third-Party Content”) as a service to those interested in this information. KEEN does not have any control over, and does not endorse or adopt, any Third Party Content and can make no guarantee as to its accuracy or completeness. KEEN does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users access and use such Third Party Content at their own risk.
8. Advertisements and Promotions; Third-Party Products and Services
KEEN may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. KEEN is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-KEEN advertisers or third-party information on the Site.
9. User Content and Conduct
User Content. The KEEN HybridLife Community and other areas of the Site may include discussion forums, user reviews, blogs, user generated content or other interactive areas or community features (“Interactive Areas”) in which you or other users create, post or store content, comments, messages, statements, slogans, materials, data, information, text, music, sound, photographs, video, graphics, code or other items or materials on the Site (“User Content”). You are solely responsible for your use of such Interactive Areas and for the User Content you post. By using the Site, including without limitation any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, vulgar, indecent, sexually explicit, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
User Content that includes or incorporates any identifiable reference to any third-party person or entity (including, without limitation, names, nicknames, trade names, brands, slogans, trademarks, logos, images, drawings, photographs, videos, or likenesses (visual, aural, or otherwise)) without such third-party person or entity’s written permission;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, rule or regulation;
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to display, distribute and reproduce such User Content and to grant KEEN the rights granted in these Site Terms;
User Content that displays, describes or encourages usage of any KEEN products in a manner that could be offensive, inappropriate or harmful to KEEN or any user or consumer;
Unsolicited promotions, political campaigning, advertising or solicitations;
Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Viruses, corrupted data or other harmful, disruptive or destructive files; and/or
User Content that, in the sole judgment of KEEN, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose KEEN or its users to any harm or liability of any type.
KEEN takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is KEEN liable for any mistakes, defamation, slander, libel, omissions, falsehoods, deceptive practices, obscenity, pornography, sexually explicit material, profanity or other harmful material you may encounter. YOUR USE OF ANY USER CONTENT AND INTERACTIVE AREAS IS AT YOUR OWN RISK. As a provider of interactive services, KEEN is not liable for any statements, representations or User Content provided by its users. Although KEEN has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, KEEN reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.
Any use of the Interactive Areas or other portions of the Site in violation of the User Content rules set forth above violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect KEEN’s systems and customers, or to ensure the integrity and operation of KEEN’s business and systems, KEEN may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (e.g., name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content.
User Conduct. By using the Site, including without limitation any Interactive Areas, you agree not to:
Use the Site or Interactive Areas in any unlawful manner or in any manner that could damage, disable, overburden or impair the Site;
Harvest or collect email addresses or other contact information of other users from the Site or Interactive Areas by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site and/or Interactive Areas or to extract data;
Use automated scripts to collect information from or otherwise interact with the Site or Interactive Areas;
Register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity unless you are fully authorized to do so;
Impersonate any person or entity or otherwise misrepresent your age or you affiliation with a person or entity;
Violate any local, state, national or international law;
Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
Use or attempt to use another’s account without authorization from KEEN;
Attempt to circumvent any content filtering techniques we may employ;
Attempt to access any service or area of the Site (including, without limitation, any Interactive Areas) that you are not authorized to access;
Engage in any harassing, intimidating, predatory or stalking conduct.
KEEN is not responsible or liable for the conduct of, or your interactions with, users of the Site (whether online or offline), nor is KEEN responsible or liable for any loss, damage, injury, or harm associated therewith. Although KEEN has no obligation to monitor any user conduct on the Site or in any Interactive Area, KEEN reserves the right, and has absolute discretion, to monitor any user conduct on the Site at any time and for any reason without notice. KEEN does not approve or endorse any user-posted meetings or events referenced on the Site, and KEEN recommends exercising caution before contacting or meeting anyone (online or offline) that is unfamiliar. You use of the Site is at your own risk. Any use of the Site in violation of the user conduct rules set forth above violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
10. Ownership of User Content and Other Submissions
Except as otherwise expressly stated by KEEN, KEEN does not claim ownership of any User Content or other materials you post or upload on the Site or otherwise provide or submit to KEEN (including, without limitation, questions, comments, statements, stories, suggestions, testimonials, ideas, plans, notes, drawings, photographs, videos, text and other content or materials) (collectively “Submissions”). However, by posting, uploading or otherwise providing any Submission, you expressly and automatically grant KEEN, and its successors, assigns, licensees, representatives, and agents, the royalty-free, perpetual, irrevocable, non-exclusive, worldwide, and fully sublicenseable right and license to use, reproduce, modify, adapt, publish, perform, display, translate, create derivative works from, and distribute such Submission (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for any purpose that KEEN chooses, whether internal, public, commercial, or otherwise, without any compensation, credit or notice to you. Such license shall include, without limitation, the right to use your Submission on the Site and in our advertising and other promotions. You also grant use the right to publish your name in connection with your Submission. KEEN is not obligated to use, publish, or disseminate any Submission you provide and may remove any Submission posted on the Site (or elsewhere) at any time in KEEN’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission to KEEN you represent and warrant that (a) your Submission is non-confidential; (b) you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and to grant these rights to KEEN; (c) your Submission is accurate and not misleading or harmful in any manner; (d) your Submission does not and will not, infringe upon or violate any of the rights of any third party; and (e) your Submission will not violate any of these Site Terms or any applicable law, rule or regulation. All submissions are subject to, and by making any Submissions you hereby agree to, the terms of the KEEN Submission Agreement.
By participating in KEEN promotions, including without limitation KEEN sweepstakes and contests, you agree that KEEN may use your information for marketing and promotional purposes.
11. Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to KEEN, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to KEEN.
You agree to defend, indemnify and hold harmless KEEN, its parent companies, subsidiaries, and affiliates and each of their respective independent contractors, service providers, consultants, directors, members, employees, agents, agencies, and professional advisors (individually and together, the “KEEN Parties”), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any content you post, store or otherwise transmit on or through the Site (including, without limitation, and User Content and Submissions) or your use of or inability to use the Site (including, without limitation, the Interactive Areas), including without limitation any actual or threatened suit, demand or claim made against the KEEN Parties, arising out of or relating to the User Content, your conduct, your violation of these Site Terms or any other KEEN terms, policies or agreements available on or through the Site, or your violation of the rights of any third party.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY KEEN, THE SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. KEEN DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITE. KEEN DOES NOT REPRESENT OR WARRANT THAT THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. KEEN DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KEEN IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR THE SERVICE, AND YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. PRODUCT REVIEWS AND COMMENTS ARE STRICTLY THE OPINION OF THE USER POSTING SUCH REVIEWS OR COMMENTS, AND KEEN DOES NOT ENDORSE OR APPROVE AND SUCH REVIEWS OR COMMENTS.
KEEN IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE KEEN ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, KEEN CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
KEEN reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any third-party products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by KEEN.
14. Limitation of Liability
IN NO EVENT SHALL KEEN OR ANY KEEN PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE SITE MATERIALS OR OTHER MATERIALS OR INFORMATION CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM KEEN, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO KEEN’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KEEN, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO KEEN FOR ACCESS TO OR USE OF THE SITE.
15. Applicable Law and Venue
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Oregon, applicable to agreements made and to be entirely performed within the State of Oregon, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in Multnomah County, Oregon and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
Notwithstanding any of these Site Terms, KEEN reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access to and use of the Site.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
18. Questions & Contact Information
Questions or comments about the Site may be directed to KEEN at following postal and email addresses:
KEEN Europe Outdoor BV
Attn: Online Customer Service
3024 EA Rotterdam
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(Last updated October 1, 2009)
We at KEEN, Inc. (“KEEN, we or us”) respect your concerns about privacy and value the relationship we have with you. KEEN has certified that it abides by the Safe Harbor privacy principles, as set forth by the United States Department of Commerce, regarding the collection, storage, transfer, use and other processing of Personal Information (as defined below) transferred to the United States from the European Economic Area (“EEA”) and Switzerland. This Policy outlines our general policy and practices for implementing the Safe Harbor privacy principles for Personal Information that we collect online and offline.
For purposes of this Policy:
“Customer” means any individual who is a potential or actual consumer of KEEN or any of its European affiliates.
“Employee” means any current, former or prospective employee of KEEN or any of its European affiliates who is located in the EEA or Switzerland.
“Personal Information” means information that (i) is transferred to the United States from the EEA or Switzerland, (ii) is recorded in any form, (iii) is about, or relates to, an identified or identifiable Customer or Employee, and (iv) can be linked to that individual.
“Sensitive Information” means Personal Information specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, sex life, the commission or alleged commission of any offense, any proceedings for any offence committed or alleged to have been committed by the individual or the disposal of such proceedings, or the sentence of any court in such proceedings.
“Sites” means keenfootwear.com and the websites listed here.
“Stores” means KEEN stores located in the EEA and Switzerland.
Safe Harbor Privacy Principles
KEEN’s practices regarding the collection, storage, transfer, use and other processing of Personal Information comply with the Safe Harbor principles of notice, choice, onward transfer, access, security, data integrity, and enforcement and oversight.
We notify our Customers located in the EEA and Switzerland about the purposes for which we collect and use Personal Information, the types of third parties to which we disclose the information (for example, service providers that process Personal Information on our behalf), certain privacy rights of our Customers (such as the right to access Personal Information and the choice for limiting the use and disclosure of the information), and how to contact us about our practices concerning Personal Information.
Customers may view our Privacy Notice by clicking here.
Purpose of Collection and Use of Personal Information
KEEN and its European affiliates collect Personal Information through their Sites and in their Stores. In addition.
We process Personal Information about our Customers to (i) process transactions they request, (ii) improve our Stores, Sites, Customers shopping experience and quality of service, (iii) send communications about our products, services and promotions, (iv) prevent and detect fraud and abuse, (v) process information or claims in connection with incidents at our Stores, (vi) enable our service providers to perform certain activities on our behalf, and (vii) comply with our legal obligations, policies and procedures and for internal administrative and analytics purposes.
Customers located in the EEA and Switzerland may direct us not to disclose their Personal Information to third parties (other than our service providers). We do not use Personal Information for purposes incompatible with the purposes for which we originally collected the information without notifying the relevant individuals of such uses and offering an opportunity to opt out.
We may disclose Personal Information without offering individuals an opportunity to opt out (i) if we are required to do so by law or legal process, (ii) to law enforcement authorities, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity. We also reserve the right to transfer Personal Information we have about you in the event we sell or transfer all or a portion of our business or assets. Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use Personal Information you have provided to us in a manner that is consistent with our Privacy Notice.
Onward Transfer of Personal Information
We may share Personal Information with service providers we have retained to perform services on our behalf. We require service providers to whom we disclose Personal Information and who are not subject to laws based on the European Union Data Protection Directive to contractually agree to provide at least the same level of protection for Personal Information as is required by the relevant Safe Harbor principles.
Access to Personal Information
KEEN provides Customers with reasonable access to the Personal Information maintained about them. We also provide a reasonable opportunity, as required by applicable law, to correct, amend or delete that information where it is inaccurate. We may limit or deny access to Personal Information where providing such access is unreasonably burdensome or expensive under the circumstances or as otherwise permitted by the Safe Harbor principles. To obtain access to Personal Information, Customers may contact KEEN as specified in the “How to Contact Us” section of this Policy.
KEEN maintains reasonable administrative, technical and physical safeguards to protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction.
KEEN takes reasonable steps to ensure that Personal Information the company collects is relevant for the purposes for which it is to be used and that the information is reliable for its intended use and is accurate, complete and current. We depend on our Customers to update and correct their Personal Information whenever necessary.
Enforcement and Oversight
KEEN has established procedures for periodically verifying implementation of and compliance with the Safe Harbor principles. We conduct an annual self-assessment of our practices with respect to Personal Information to verify that representations we make about our Personal Information privacy practices are true and that related privacy policies have been implemented as represented.
Customers may file a complaint with KEEN in connection with the processing of their Personal Information under the Safe Harbor principles. We will also cooperate with the following dispute resolution bodies to address individual’s complaints regarding privacy issues: for Customer complaints, we cooperate with the American Arbitration Association in accordance with its applicable commercial rules. We will take steps to remedy any issues arising out of a failure to comply with the Safe Harbor principles. Please contact us as specified below to address any complaints regarding our Personal Information practices.
How to Contact Us
Writing to: KEEN, Inc.
Attention: Chief Privacy Officer
926 13th Ave. N.W, Suite 210
Portland, OR. 97209
Attention: Marketing Manager
3024 EA Rotterdam
+31 10 22 11 444