Privacy Policy
INTRODUCTION
Active Brands AS (org.no. 995 767 813) ("Active Brands") cares about individuals’ privacy and is committed to processing personal data in compliance with the locally applicable laws and regulations. The privacy policy provides you with information about Active Brands' processing of personal data, among other things through Active Brand's website and the official EU-websites of our brands at all times, such as Kari Traa, Johaug, Bula, Åsnes, Vossatassar, Dæhlie and Sweet Protection, including which personal data we collect, why we process your personal data and your rights connected to the processing of the personal data.For this privacy policy, Active Brands is the data controller.
If you have any questions or for other reasons need to contact us regarding our processing of personal data or about this privacy policy, you may contact our customer service by email at kundeservice@activebrands.com, phone at +47 56 51 98 00, or by post at Postboks 22 Vollebekk, 0516 Oslo, Norway.INDIVIDUALS SUBJECT TO PROCESSING OF PERSONAL DATA
Active Brands process personal data relating to
– our customers;– visitors of Active Brands' official websites;
– persons that have created a user profile with Active Brands;– persons who have signed up for our newsletters or other marketing communication;
– persons interacting with us through our social media accounts;
– contact persons at Active Brands' service providers, business partners, or similar;
– potential job candidates and
others who contact Active Brands.
The personal data may be provided by the data subject itself, from publicly accessible sources or third parties such as service providers, partners, references, etc.ACTIVE BRANDS' PROCESSING OF PERSONAL DATA
We have listed the typical purposes for our processing of personal data, the categories of personal data we process, the legal bases for the processing, and the period we retain the personal data below.
3.1 Purchase in Active Brands online stores
When you shop in Active Brand's online stores, it will be necessary to process personal data to enter into and fulfill the agreement with you (GDPR Article 6 (1) (b)), including to:
– contact you for updates or informative notices related to a purchase, including order and delivery confirmation;
– manage shipping of your purchase;– manage payment for the products that you purchase, regardless of the payment procedure used; and
– use of gift cards or gift vouchers.
The personal data processed for these purposes are your contact information, such as name, e-mail address, and delivery address, clothing size and other purchase information, payment information, gift cards, or gift vouchers. If you do not provide us with the personal data, we will not be able to enter into or fulfill a purchase contract with you.
We retain personal data as mentioned above for up to three years unless longer retention is required to defend us against a claim However, personal data are necessary to fulfill Active Brand's accounting obligations, such as your purchase order will be stored for as long as required by applicable accounting laws and regulations.
3.2 Processing cancelations, returns, and refunds, claims and complaints
To process your use of the right to cancelation, claims, and complaints, it will be necessary to process your contact information (name and e-mail), relevant purchase, and other information you provide in connection with the use of your right of cancelation, claim, or complaint. For refunds, it will also be necessary to process your payment information. The legal basis for the processing is that it will be necessary to fulfill the agreement we have entered with you (GDPR Article 6 (1) (b), fulfill our legal obligations under applicable consumer legislation (GDPR Article 6 (1) (c)) and our legitimate interests in defending ourselves against claims in the event of a dispute (GDPR Article 6 (1) (f)). The retention period is the same as for clause 3.1.
3.3 Use of Active Brand's official websites – cookies (statistics, marketing, etc)
Active Brands may process personal data about visitors to Active Brands' official websites. Active Brands uses cookies and other information-gathering methods to enable the website to function, usually to meet a request by you, enhance site navigation, analyze site usage, provide enhanced functionality and personalization, and show you ads within your field of interest, where personal data such as IP address and your use of the website may be processed. When we show you ads within your field of interest through the use of cookies our processing will consist of profiling and transferring personal data to third parties, like social media platforms, that show our ads.
The legal basis for processing personal data to enable the website to function (necessary cookies) is our legitimate interest in making the website function (GDPR Article 6 (1)(f)). The legal basis for the other processing of personal data in relation to cookies is your consent (GDPR Article 6 (1)(a)). You can read more about our use of cookies, including the retention period for personal data collected through cookies, in our Cookie Policy here.
3.4 User profile
If you register a user profile with Active Brands, we need to process your e-mail address and password to identify you as a user and grant you access to its various functionalities, products, and services available to you as a registered user. Such processing is necessary for the performance of the service contract regarding your user profile (GDPR Article 6 (1)(b)). You may cancel your registered user profile by contacting us (see contact information in section 1). If you do not provide us with the mentioned personal data, you will not be able to register a user profile or access its various functionalities, products, and services.
In the user profile, we will also process your contact information, phone number, gender, age, and birth date to provide you with marketing material within your field of interest or offer you special offers on your birthday. It is voluntary to provide such information and the legal basis for such processing is your consent (GDPR Article 6 (1)(a)).
Your contact information, such as your e-mail or phone number (if you have consented to this), can be used to contact you in case of updates to our terms of use and privacy policy. The legal basis for such processing is our legitimate interest in updating you with the correct terms that apply (GDPR Article 6 (1)(f)).
3.5 Newsletters, marketing by SMS or e-mail, and personalized marketing
If you have signed up to receive marketing or our newsletter, we may process your name and contact information to submit such materials to you via e-mail and SMS (depending on your consent). Such processing is based on your consent (GDPR Article 6 (1) (a)), which you can withdraw at any time.
To the extent that you have consent, you will also receive customized marketing, see sections 3.3 and 3.4.
The personal data processed for marketing and newsletter purposes is stored until you withdraw your consent to such processing. You can easily unsubscribe from any of our marketing communications through the channels you have received the communication from or your user profile settings.
3.6 Active Brands' sites on social media
We have pages on social media. As administrators of our accounts, we are to some extent joint controllers with the relevant social media provider for processing of personal data generated through such pages.
In connection with these pages, we process personal data such as your name, your comments, likes, or other information you make available to us via these pages. In this relation, the personal data will also be shared with the social media platform and other users on social media. For example, when you "like" or join our Facebook page or other social media accounts, this will be shared with the relevant platform. The same applies to any activities on our social media accounts, such as content posted by you or posts that you like.
The legal basis for such processing is Active Brands' legitimate interest in managing and having pages on social media to easily reach out to and market our products to (potential) customers (GDRP Article 6 (1) (f)).
Personal data will be retained until deleted/removed by you. In addition, we will continuously review our pages to remove personal data that is no longer relevant to the page, e.g. because it is outdated.
The relevant social media platform has its privacy policies, in which you can find more information about the processing of personal data in relation to such social media platforms.
3.7 Respond to inquiries
Active Brands may process personal data to follow-up inquiries from potential job candidates, website users, customers, and others who contact Active Brands, e.g. through Active Brands' customer support. Active Brands may process personal data such as e-mail, other contact information, and other personal data provided in connection with the inquiry. The legal basis for such processing is Active Brands' legitimate interest in providing support to answer and manage inquiries and other communication (GDPR Article 6 (1) (f)).
The personal data processed in relation to an inquiry will be deleted within one month after we have handled the request, unless there is legal basis for a longer retention period, i.e., that it is relevant for any legal claims or a legal obligation].
3.8 Recruitment
If you apply to a position in Active Brands, Active Brands may process your personal data to assess your application such as CV, application, certificates, references, and other information you may provide or which we need to verify to assess your application.
The legal basis for such processing is normally that it is necessary to take steps at the request of the candidate prior to (potentially) entering an employment contract (GDPR Article 6 (1)(b)). The processing may also be based on our legitimate interest in finding the best candidate for the position (GDPR Article 6 (1) (f)), or your consent (GDPR Article 6 (1) (a)).
If you do not provide us with the above-mentioned personal data, we will not be able to assess your application or offer you a job at Active Brands.
We retain personal data processed in relation to recruitment for up to [one year from when you applied unless you have consented to a longer period]. If you are employed your personal data will be stored in accordance with our privacy policy for employees.]
3.9 Contract management and business relationship
In connection with the administration and management of contracts with Active Brands' business partners, providers, etc., and for business and partner relationship purposes, Active Brands may process personal data such as contact information of contact persons at such business partners, in addition to personal data contained in contracts, ongoing commercial correspondence, invoices, minutes of meeting, etc. The legal basis for such processing is Active Brands' legitimate interest in entering into business relationships, fulfilling contracts, and administrating such relationships (GDPR Article 6 (1) (f)).
Your contact information will be retained until [we are informed that you are no longer the contact person of our business partner. Personal data in documents etc. will be stored for as long as they are relevant for the contractual relationship or vi have other business reasons to retina such personal data, e.g. where necessary to ensure that all rights and obligations are met, and to meet our legal obligations in relation to applicable accounting laws and regulations].
3.10 Legitimate interests
Active Brands may process personal data to safeguard its own or third parties’ legitimate interests, e.g. in relation to a transfer of undertaking, merger, or demerger, establishing a legal claim or preventing unauthorized access to or disclosure of personal data (GDPR Article 6 (1) (f)).
The personal data will be retained for as long as Active Brands has a legitimate interest in the processing.
3.11 Legal obligations
Active Brands may process personal data due to legal obligations applicable to the operation of Active Brands (GDPR Article 6 (1) (c)), such as accounting obligations or obligations in relation to complaints or use of the right of cancellation.RETENTION PERIOD
Active Brands will retain your personal data for as long as it is necessary to fulfil the purposes for processing as defined above. If the processing is based on your consent, your personal data will be deleted if you withdraw your consent. You can withdraw your consent at any time. Please find the specific retention periods under each section in Chapter 3 above.
Please note that Active Brands may continue to process your personal data if Active Brands has a legal basis for this, e.g., to establish, exercise, or defend a legal claim.DISCLOSURE TO THIRD PARTIES
We will only disclose your personal data to third parties to the extent we have a legal basis for such disclosure.
We use data processors, usually IT providers, to process personal data on our behalf. The relationship with such suppliers is governed by a data processor agreement, which inter alia ensures information security for your personal data.
Depending on your choice of payment method, we use third-party services for payment processing (e.g. payment processors like Payex and Klarna). In such a case, we will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their privacy policy.
We may share personal data with our advisors and business partners to the extent necessary to conduct our business in a manner common in our industry, which may also include third parties in connection with possible mergers, transfers of undertakings, or acquisitions of our business.
We will share your personal data with public authorities or third parties if required by law.We might share your personal data with third parties, like social media platforms, to show you personalized ads at these third parties' sites or to have and manage our own social media platforms. The relevant third party has its privacy policies, in which you can find more information about the processing of personal data in relation to such third party. Read more about our processing in this relation in sections 3.3 and 3.6 above.
PROCESSING OF PERSONAL DATA OUTSIDE OF THE EU/EEA
Active Brands may process your personal data outside the EU/EEA. All processing in a third country will be subject to mechanisms ensuring sufficient security for your personal data in accordance with GDPR Chapter V, such as EU Standard Contractual Clauses or an adequacy decision from the EU Commission. You can contact us if you need more information about the transfer of personal data outside the EU/EEA or the legal basis for such transfer.THIRD-PARTY WEBSITES
Active Brands' websites may include links to other third-party sites. These third-party sites have privacy policies that determine how personal data are collected and processed. If you submit personal information to any of these third-party sites, your information is governed by their privacy policies. Active Brands takes no responsibility for such third-party sites, how they are operated, and how they process your personal data. We recommend that you familiarize yourself with such third-party sites' privacy policies and terms of use when visiting and using such sites.YOUR RIGHTS
As a data subject, you are entitled to request access to the personal data we process about you and request that Active Brands update or correct your personal data if the requirements for such rights are fulfilled. You may also withdraw any consent to processing at any time. In some circumstances, you are also entitled to request that your personal data be erased, request restriction of processing or object to processing, and/or request data portability. To utilize your rights, you may contact Active Brands by using the contact information stipulated in Section 1 above.
You are also entitled to lodge a complaint with a supervisory authority if you believe that Active Brands' processing of your personal data is contrary to relevant data protection laws.CHANGES TO THE PRIVACY POLICY
If Active Brands makes changes in the processing of personal data, this policy will be updated, and the change will be notified on the webpage, on your user profile, or by use of your contact information.