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PRIVACY POLICY & TERMS OF USE

1. Use of the website

Please read these Terms and Conditions for website use (“Use of the Website Terms and Conditions”) carefully before using the Website and any adidas content on social media websites, including without limit Facebook and Twitter (together: the “Website”/Site”). These Use of the Website Terms and Conditions apply to all visits and uses of the Website, as well as to the Content (as defined in the Conditions), information, recommendations, products and services provided to you on or through the Website. By accessing and using the Website, you grant your consent to these Use of the Website Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Website and the Internet. If you do not agree to these Use of the Website Terms and Conditions, please leave the Website immediately.

1.1 Operator of the site

The Site is operated by or on behalf of adidas (South Africa) (Pty) Ltd with registered address at 3rd Floor, Unit 2C, Black River Park North, Fir Road, Observatory, 7925 and company registration number 1942/012958/07 (“adidas”). adidas (South Africa) (Pty) Ltd is a wholly owned subsidiary of adidas AG.

1.2 Content on the site

All of the content featured or displayed on the Site, including, but not limited to, logos, icons, trade marks, text, graphics, photographs, images, moving images, sound, illustrations and software (Content), is owned by adidas AG, its affiliated companies, its licensors and/or its content providers. All elements of the Site including, but not limited to, the general design and the Content, can be protected by copyright, moral rights, database rights, trade mark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with adidas, no portion or element of the Site or its Content may be copied or retransmitted via any means. The Site, its Content and all related rights shall remain the exclusive property of adidas AG, its affiliated companies or its licensors unless otherwise expressly agreed. All such rights are reserved.

1.3 Copyright and trademarks

The copyright in all Content is and remains owned by adidas AG, its affiliated companies or its licensors as appropriate. Except as may be otherwise indicated in specific documents within the Site, you are authorized to view, play, print and download Content found on the Site for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. You may not reuse any Content without first obtaining the consent of adidas. For purposes of these terms, the use of any such Content on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from Content found on the Site.

In the event you download software (including but not limited to screensavers, smart phone applications, icons, videos and wallpapers) from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the Software) are licensed to you by adidas. adidas does not transfer title to the Software to you. You own the medium on which the Software is recorded, but adidas retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

All trademarks, service marks, logos and trade names which appear on products of adidas Group, product packaging and/or on the Site, whether registered or not (including but not limited to: the word mark “adidas”, “the 3-Bars logo”, “the Trefoil logo”, “the Globe”, “the 3-Stripes mark”) (the Trade Marks) remain the exclusive property of adidas AG, its affiliated companies or its licensors (as appropriate) and are protected by applicable trade mark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Trade Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without adidas’ prior written consent. The use of any of the Trade Marks on any other website or network computer environment, for example the storage or reproduction of (a part of) the Site in any external internet site or the creation of links, hypertext, links or deeplinks between the Site and any other internet site, is prohibited without the express written consent of adidas.

1.4 Disclaimer of warranties

The Site and the Content are free of charge and provided ‘as is’ and without any warranties of any kind. The information on the Site is for general information purposes only and does not constitute advice.

adidas does not represent or warrant that the information and/or facilities contained in the Site are accurate, complete or current, or that the Site or the server that makes the Site available are free of viruses or any other harmful components. Further, adidas will not provide for specific IT infrastructure or connectivity. Thus adidas cannot represent or warrant the Site will be uninterrupted or error free. adidas does not make any warranties or representations regarding the use of the Content on the Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.

1.5 Limitation of liability

Your use of the Site is at your own risk. Neither adidas, nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Site will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the Content on the Site, including damages caused by viruses or any incorrectness or incompleteness of the information on the Site, or the performance of the products or otherwise arising out of or in connection with these Terms and Conditions, even if adidas has been advised of the possibility of any such damages.

1.6 Links to third parties

For your convenience and to improve the usage of the Site, links to websites that are owned and controlled by third parties may be provided from time to time. These links take you outside adidas’ service and off the Site and are beyond adidas’ control. This includes links to partners that may use the Trade Marks as part of a co-branding agreement. The sites you can link to have their own separate terms and conditions as well as a privacy policy. adidas is not responsible and cannot be held liable for the content and activities of these sites. You therefore visit/access these sites entirely at your own risk.

Please note that these other sites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use and/or privacy policies on those websites prior to using them.

1.7 Misuse of the site

You are prohibited from using the Site to post or transmit any User Generated Content (as defined below) which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. adidas may deny you access to the Site at any time in its sole discretion, and which shall include situations where adidas believes that your use of the Site is in breach of any of these Terms and Conditions and/or applicable laws.

You are also prohibited from using the Site to advertise or perform any commercial solicitation.

1.8 User generated content

All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Site post to the Site or transmit using the Site (User Generated Content) will be deemed non-confidential and non-proprietary. Accordingly, adidas shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, in any medium and throughout the world (license grant). You acknowledge and agree that adidas only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Generated Content. adidas shall not be continuously monitoring User Generated Content published by you or moderating between users, nor shall adidas be under an obligation to do so. Without limit to the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content do not necessarily represent those of adidas. Any use by you of the User Generated Content is entirely at your own risk. You represent and warrant that any User Generated Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph. You agree to indemnify and keep adidas and its affiliated companies indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by adidas or its affiliated companies related to any User Generated Content posted or transmitted by you or your other use of the Site.

adidas reserves the right at its sole discretion to block or remove (in whole or part) any User Generated Content posted or transmitted by you and which adidas believes is not in accordance with these Terms and Conditions (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to adidas.

You agree to promptly notify adidas in writing (see How to Contact Us below for contact details) of any User Generated Content (or other Content) which breaches these Terms and Conditions. You agree to provide to adidas sufficient information to enable adidas to investigate whether such User Generated Content (or other Content) breaches these Terms and Conditions. adidas agrees to make good faith efforts to investigate such complaint and shall take such action as adidas in its sole discretion decides. However, adidas does not warrant or represent that it will block or remove (in whole or part) such User Generated Content or other Content.

1.9 Unsolicited ideas

adidas maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials related to adidas business (including without limit footwear, apparel, sporting goods and services) whether consisting of texts, images, sounds, software, information or otherwise (the Materials) from persons external to adidas. You should therefore not post any Materials on the Site or send these to adidas by e-mail or otherwise.

 

2. Miscellaneous

2.1 How can you contact us?

If you have any questions or comments about the Website or the adidas Terms and Conditions or in the unlikely event that you wish to make a complaint please don’t hesitate to contact us.

You can send an email to za.legal@adidas.com or write to us at: adidas (South Africa) (Pty) Ltd Legal Department 3rd Floor Unit 2C

Black River Park North

Observatory

7925
2.2 Priorities

In case of contradiction between adidas Terms and Conditions and any content contained in other parts of the Website or in links, adidas Terms and Conditions contained in this document prevail.

2.3 Amendments to the adidas Terms and Conditions

We reserve the right to make changes to these Terms and Conditions at any time.

The use of this Website will be subject to the version of the adidas Terms and Conditions in force at the time you browse this Website.

Please check the adidas Terms and Conditions periodically for changes.

4.4 Data protection

adidas fully respects the privacy of individuals who access and use the Website. For details on the manner in which we use cookies, the type of information we collect, how and for what purpose, we use your information and under what circumstances we disclose information please see our Privacy Policy, which are incorporated into and form part of these adidas Terms and Conditions.

4.5 Severance

Each provision of the adidas Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these adidas Terms and Conditions.

4.6 Sub-contracting and assignment

adidas reserves the right to sub-contract, transfer, assign or novate all or any of our rights and obligations under adidas terms and conditions provided that your rights under adidas terms and conditions are not affected. You may not sub-contract, assign or otherwise transfer any of your rights or obligations under the adidas terms and conditions without our consent in writing.

4.7 Events beyond reasonable control

adidas will be not held responsible for any delay or failure to perform or comply with our obligations under the adidas terms and conditions when the delay or failure arises from any cause which is beyond adidas’ reasonable control.

4.8 Applicable law and jurisdiction

The adidas Terms and Conditions shall be governed by the laws of the Republic of South Africa.

You and adidas hereby submit to the non-exclusive jurisdiction of the South African courts.

 

Updated July 2015

 


 

adidas privacy policy

  1. introduction

This policy sets out how adidas (South Africa) (Pty) Ltd, 3rd Floor – Unit 2C, Black River Park North, Observatory, 7925, South Africa (adidas, we or us) may use personal information that any user (you) provide or that we collect about you when you visit our website at www.area3.co.za (the website) and use any (mobile) applications. “Personal information” includes any personal information as defined in the Protection of Personal Information Act 4 of 2013.

  1. who is in charge of the protection of your personal information?

adidas determines the purposes and means of the processing of your personal information and is the responsible party for this website and all (mobile) applications which refer to this privacy policy.

  1. how is personal information collected?

All our activities are based on stringent ethical principles and we are committed to protect the privacy of all visitors to our website and users of our (mobile) applications. For this reason, the way in which we collect and store information is dependent on how you use our website and related services.

Various technologies may be used on our websites and our (mobile) applications in order to improve them, make them more user-friendly, effective and secure. These technologies may lead to personal information being collected automatically by us or by third parties on behalf of us. Examples of such technologies are cookies, flash cookies and web analytics.

A visit to one of our websites results in personal information that is sent from your browser to our server. This personal information makes it possible to optimize our services and improve your experience on our websites and apps. The personal information is automatically collected and stored by us or by third parties on our behalf. This personal information can include, in particular, the following:

first of all… what are cookies?

Cookies are small text files that are stored on your computer or mobile device. For this section, we conveniently use “cookies” as an umbrella term for techniques such as cookies, Flash cookies, web beacons and JavaScript. They don’t take much space and they will be removed automatically when expired. Some cookies expire at the end of your internet session, while others will be saved for a limited amount of time.

secondly… why do we use cookies?

adidas uses cookies to ensure your visit to our website is as pleasant as possible. There are different types of cookies with different uses. Some are there just to allow you to browse the website and see certain features. Some give us an idea on your browsing experience, i.e. when you have trouble finding what you are looking for, so we can improve and make your future visit as pleasant as possible.

finally… what if you don’t like cookies?

You can change your browser settings to delete or prevent cookies from being stored on your computer or mobile device without your explicit consent. The ‘help’ section in your browser should provide information on how to manage your cookie settings.

Besides the personal information collected by automated means, we also process personal information which you have provided to us. This includes, but is not limited to:

All of this personal information is characterized by the fact that you have provided this information yourself. We use this information for the purposes described in this privacy policy. You can always have your personal information corrected or object to further processing (please see subsection 7).

  1. how will we use your personal information?

We will only process your information insofar it is adequate, relevant and not excessive for the purposes set out below:

We will use your personal information for purposes relating to your agreement or relationship with us.

If you have provided us with your personal information in relation to a promotion, event, (mobile) application, etc., we may send you emails or other messages which relate to the service you have requested.

We may use personal information collected about you to enhance and update our current personal information records.

You can immediately unsubscribe from any of these notifications at any time at no cost by clicking on a link in the corresponding e-mail or other message (see further below in clause 7).
We may contact you via the contact details provided by you (including per regular mail, e-mail, SMS, telephone or any other electronic means) for marketing, advertising and opinion research purposes of the adidas Group, meaning that your information will be shared with other companies within the Group. This includes for example information related to products of the adidas Group, ecommerce activities, special offers, promotions as well as information on local store openings, local store activities of the adidas Group or sporting events. In order to be able to contact you with information which is of special interest for you, your overall interaction with adidas and adidas AG (such as but not limited to your shopping behaviour in e-shops, in adidas physical stores, your use of loyalty programmes, your ratings and reviews of products, your contact history with our customer service, your newsletter clicks/ opening results, your surfing behaviour (web tracking), the newsletter types you are subscribed to, your participation in promotions or events, your interactions with mi coach and your use of (mobile) applications), will be combined, analysed and used. We may provide your contact personal information to adidas AG for marketing, advertising and opinion research purposes. This will require a transfer of your information to Germany. In section 7 you can find information on your rights, for example on how you can withdraw your consent or correct your personal details.

We may use your personal information to comply with our regulatory or other rights and obligations and in general to carry out any other reasonable business operation considering our business and the relationship between the parties.

  1. disclosure of information

One of our core principles is that we will treat your personal information with care and confidentiality. We will not sell your personal information to third parties. We will share your personal information with third parties (i) as set out in this policy; (ii) if required by law; or (iii) if you have consented to it.

We will share your personal information for purposes of (i) with the following third parties:

Where we use service providers and personal information operators working on behalf of adidas, these third parties are granted access to the personal information they require in order to carry out the particular service. The service providers and personal information operators are contractually obliged to treat all personal information in the strictest confidence. It is also contractually forbidden for them to use the personal information in any other way than required. The necessary steps are taken to ensure that our service providers and the operators working on behalf of adidas protect the confidentiality of your personal information. These services may for example include hosting and maintenance services, analysis services, e-mail messaging services and address check, etc.

We will also share your personal information with employees who need access to it in order to fulfil their employment duties. The same principles that apply to service providers will also apply to employees.

  1. retention

We will retain your personal information in terms of our retention policies and the applicable laws.

If we keep your personal information longer than is strictly necessary for purposes of this agreement, we will either de-identify your personal information, or keep it for research or statistical purposes only.

During the period of retention, we will continue to implement reasonable and appropriate security measures.

  1. your rights

If you provide us with personal information via our websites or other channels, this is done on an entirely voluntary basis. If you choose not to provide the requested information, various customer benefits may not be available to you. In certain cases, only those people that have submitted the necessary personal information to us are able to order products (e.g. on our ecommerce site), use certain services and in other ways avail themselves of the activities and offers available on our website and (mobile) application and via our loyalty programme. As transparency and fair play are particularly important issues for us, we provide various options, depending on the exact circumstances, in order to help you retain control over your personal information. These options may include displaying and editing your personal information online. It may also be possible to unsubscribe from services or delete user accounts or to receive information about the personal information held.

All marketing material that adidas sends to you that for instance contain a newsletter or marketing content, include the option to unsubscribe to the receipt of the marketing material, by following the relevant instructions in the communication.

You have the right to be informed at any time about the personal information stored about you and to correct it. Information about stored personal information can be obtained by using the contact details in the Contact Information section below.

  1. security of the information and personal information integrity

We take reasonable appropriate technical and organisational measures to protect personal information against accidental or unlawful destruction, loss, alteration, unauthorised use, disclosure or access, in particular where the processing involves the transmission of personal information over a network, and against all other unlawful forms of processing and misuse.

We make use of electronic and computer safeguards such as firewalls and data encryption. We have physical and electronic access control to our buildings and information. We only authorise access to information to those employees and operators who require it to fulfil their designated responsibilities.

We will report any security breach to both the Regulator and the individuals or companies involved.

  1. protection of children’s personal information and special personal information

The protection of children’s personal information is extremely important. adidas understands that it has a responsibility to protect the privacy of children and only intends to collect and use the personal information of children under the age of 18 in compliance with applicable laws. We encourage parents and other guardians to surf the Internet together with their children and enjoy the internet in a responsible manner.

The personal information submitted by and collected about the child during the course of his or her visit (e.g. via cookies) may be used as described above.

We do not intend to process any “special personal information” about you, as defined in law, which includes e.g. political, religious or health-related information, except if we are under a legal obligation to do so.

  1. social networks

Our website and (mobile) applications provide you with Social Plug-ins from various social networks. If you choose to interact with a social network, your activity on our website or via our (mobile) applications will also be made available to social networks such as Facebook and Twitter.
If you are logged in on one of these social networks during your visit to one of our websites or (mobile) applications, the social network might add this information to your profile. If you are interacting with one of the Social Plug-ins, this information will be transferred to the social network. In case you do not want a personal information transfer, please log off on your social network before you use our website or (mobile) applications.

We cannot control this personal information collection and personal information transfer via the Social Plug-ins. Please read the privacy policies of those social networks for detailed information about the collection and transfer of personal information, what rights you have and how you can achieve satisfactory privacy settings.

  1. geolocation services

We offer location-enabled services within some of our (mobile) applications, such as Google Maps. If you use those (mobile) applications, the companies that provide these services may receive information about your actual location (such as GPS signals sent by a mobile device) or information that can be used to approximate a location. You can generally enable or disable your location services in your device or browser settings.
We use the Google Maps service to assist you in finding the nearest adidas store. To facilitate this, we load an image from Google Maps or Bing Maps, saving the route, personal information and map image on our server.
web analytics by Google Analytics

The web analytic services on our website and (mobile) applications are provided by Google Analytics (www.GoogleAnalytics.com). This means that when you visit our website or (mobile) applications, a cookie by Google Analytics will be stored on your computer or mobile device, except when your browser settings do not allow for cookies (see clauses 3.1.2 above).
This further means that when you visit our website or (mobile) application, the web analytics personal information described above in clause3.1– including the “click-stream personal information”, the personal information from “web beacons and tracking links” and information stored in Google Analytics’ cookies – will be sent to Google Analytics for analysis for and on behalf of adidas. Please note that if you have created an online profile at our website or (mobile) application and if you are logged on in this profile, a unique number identifying this profile is also being sent to Google Analytics in order to match the web analytics personal information to this profile.
Google Analytics acts as an agent to adidas, which means that adidas solely determines the purposes for which the personal information is being used and that Google Analytics will not disclose the information to any third parties (except when required to do so by law or court order). In privacy terms, this means that adidas is the “responsible party” and Google Analytics the “operator”. You can find out more about the relationships between adidas and Google Analytics in the Google Analytic’s privacy policy under “Privacy Policy for Our Provision of Services” at http://www.Google Analytics.com/company/privacy.php#services.

If you do not want information about your behaviour at our website or (mobile) application to be collected and assessed by Google Analytics, you can apply for a visitor opt-out. This means that Google Analytics will, depending on the type of opt-out you choose, either anonymise the information it collects (but keeps collecting the personal information) or stop collecting information about your visit at all. This visitor opt-out requires you to accept a cookie being stored on your computer by Google Analytics.

  1. contact information

If you have any questions about the processing of your personal details or about our privacy policy you are welcome to contact us. You can send an email to za.legal@adidas.com.

  1. changes to this policy

adidas is committed to the fundamental principles of privacy and personal information protection. We therefore regularly review our privacy policy in order to keep it up to date and compliant with privacy and personal information protection principles and the law. This privacy policy may be changed from time to time in order to keep pace with (i) new developments and opportunities relating to the Internet; (ii) our business operations and (iii) also to stay in line with prevailing legislation. Changes to the policy will be publicized on our website along with an updated version of the privacy policy.

  1. limitation

We are not responsible for, give no warranties, nor make any representations in respect of the privacy policies or practices of linked or any third party websites.

Updated July 2015