Program Application


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    Conversion action Online purchase with processed valid payment
    Cookie days 15 days
    Commission type Percent of Sale
    Base commission 10.00%
    Additional terms V3 Apparel will pay the Affiliate the Commission Rate of 10% in respect of Net Revenue for each Transaction. All commission will be paid by the Company to the Affiliate via PayPal. The V3 Apparel Affiliate Offer has a 15 cookie expiration timeframe. V3 Apparel shall endeavour to pay the Affiliate the commission earned to be due within 30 days after the end of each calendar month. Please refer to the V3 Apparel Affiliate Website Marketing Agreement for the full terms and conditions: https://v3apparel.com/pages/affiliate-agreement

    V3 Apparel is the original motivational fitness brand and online retailer specialising in limited edition, performance-focused athletic wear for the everyday female athlete.

    V3 Apparel Affiliate Website Marketing Agreement

    By participating in V3 Apparel's Affiliate Website Marketing Program through Refersion Inc. (the "Program"), You (Affiliate) agree with supplemental Program terms and conditions set forth below, established by V3 Apparel (Company)


    In consideration of participating in the Program, You agree to the following terms:


    Background


    (A) The Company operates the Company Website for the purpose of marketing its products and services to users.


    (B) The Affiliate operates the Affiliate Website for the purpose of marketing its products and services to users.


    (C) The Company operates the Company affiliate network and the Affiliate wishes to become a member of the Company affiliate network on the terms and conditions of this agreement so that a user of the Affiliate Website clicking directly through from the Affiliate Web Link Pages to the Company Website will land on a Co-Branded Landing Page.


    Background


    • The Company operates the Company Website for the purpose of marketing its products and services to users.

    • The Affiliate operates the Affiliate Website for the purpose of marketing its products and services to users.

    • The Company operates the Company affiliate network and the Affiliate wishes to become a member of the Company affiliate network on the terms and conditions of this agreement so that a user of the Affiliate Website clicking directly through from the Affiliate Web Link Pages to the Company Website will land on a Co-Branded Landing Page.

    AGREED TERMS



    1. Interpretation

    The definitions and rules of interpretation in this clause apply in this agreement.


    Affiliate Programme Manager: the person named in clause 3.7.


    Affiliate Web Link Pages: the web pages of the Affiliate Website that provide a hyperlink directly to one or more Co-Branded Landing Pages or other pages of the Company Website.


    Affiliate Website: As provided by affiliate at signup form.


    Brand Manual: guidelines provided to the Company by the Affiliate prescribing the permitted form and manner in which the Affiliate's logo and other brand elements may be used, including any amendments or additions notified in writing by the Affiliate to the Company from time to time.


    Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.


    Co-Branded Landing Pages: the web pages (including the Welcome Page) of the Company Website that the Company is to develop and maintain and that will include branding of the Company and the Affiliate.


    Code of Conduct: the manner in which the parties should conduct themselves while carrying out their obligations of this agreement. The current version of which is set out in the Schedule 2.


    Commission Rate: in respect of each Transaction, the rate set out at clause 4.1.


    Company Programme Manager: the member of the Company's personnel who looks after the Company's Affiliate Programme as notified by the Company to the Affiliate from time to time.


    Company Trade Mark Guidelines: the written guidelines for use of the Company's Trade Mark, logo and branding from time to time as published from time to time on www.V3Apparel.com the current version of which is set out in the Schedule 1.


    Company User: a user who has clicked through to the Company Website from the Affiliate Web Link Pages.


    Company Website: the Company's website at any time and from time to time, currently called V3Apparel.com and at www.V3Apparel.com and including all databases, software, domain names, infrastructure and products that the Company markets for use by individual users to shop for Company's products and services. Company Website includes all future versions and replacements of, and successors to, the site.


    Effective Date: the date of this agreement.


    Net Revenue: in respect of each Transaction, the gross revenue received by the Company for that Transaction, exclusive of VAT and any other tax, and after deduction of any rebate, discount, allowance, credit or other adjustment granted or allowed in relation to that Transaction and any service fees or fulfilment or other charges (including in relation to credit cards) paid or payable by the Company to any third party (other than the Affiliate) in relation to that Transaction.


    Transaction: a purchase of any products or services offered for sale on the Company Website by a Company User who has clicked through directly to the Company Website from the Affiliate Web Link Pages where that purchase is completed during a single browser session.


    VAT: Value added tax chargeable under the Value Added Tax Act 1994.


    Welcome Page: the first of the Co-Branded Landing Pages that a Company User lands on when clicking through to the Company Website from the Affiliate Web Link Pages.


    1.1. Clause, Schedule and paragraph headings shall not affect the interpretation of this agreement.


    1.2. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).


    1.3. A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.


    1.4. Unless the context otherwise requires, words in the singular shall include the plural and in the plural include the singular.


    1.5. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.


    1.6. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.


    1.7. A reference to writing or written includes faxes and e-mail.


    1.8. References to clauses and Schedules are to the clauses and Schedules of this agreement and references to paragraphs are to paragraphs of the relevant Schedule.


    1.9. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.


    2. COMPANY'S OBLIGATIONS


    2.1. The Company shall create, operate and maintain the Co-Branded Landing Pages.


    2.2. The Company shall be permitted to use the Affiliate's logo for the purposes of clause 2.1 solely in accordance with any reasonable written guidelines or instructions provided by the Affiliate to the Company relating to the Affiliate's logo OR the Brand Manual.


    2.3. The Company undertakes that the Affiliate logo link on the Co-Branded Landing Pages will link back directly to the home page of the Affiliate Website.


    2.4. The Company shall provide the Affiliate with one or more uniform resource locators (URLs) to link from the Affiliate Web Link Pages to the Welcome Page or other Co-Branded Landing Page.


    2.5. The Company shall be responsible for developing, operating and maintaining the Company Website.


    2.6. The Company shall provide to Company Users clicking through directly from the Affiliate Web Link Pages access to and use of the Company Website in accordance with Company's standards terms of use and other terms and conditions, policies and procedures from time to time.


    2.7. The Company to provide the Affiliate with “Affiliate login” details to www.refersion.com/affiliate/login which sets out for the month concerned the total number of:


    (a) Transactions, together with a statement setting out the amounts due to Affiliate in respect of this agreement calculated in accordance with clause 4 below.


    2.8. The Company may at any time or times:


    (a) change the name of Company Website;


    (b) change the Company Trade Mark Guidelines; and


    (c) target the Company Website at potential customers in such additional country or countries as it chooses, provided it maintains that part of the Company Website directed at the UK.


    2.9. The Company shall request prior approval for any use of any Affiliate trade mark, domain name, logo or branding that the Company may wish to make. The Affiliate shall review the proposed use within a reasonable time (being ordinarily not longer than seven days) and shall not unreasonably refuse or delay approval.


    2.10. This agreement is non-exclusive and does not prevent or restrict the Company from entering into similar or different agreements with third parties. The Company makes no representation that the terms of this agreement are similar to or the same as the terms of any other agreement it has entered or may enter into with any third party.


    3. AFFILIATE'S OBLIGATIONS


    3.1. The Affiliate shall use all reasonable commercial efforts to market and promote the Company Website and the products and services available for sale on it so as to generate the maximum number of Transactions.


    3.2. The Affiliate will create a PayPal account on acceptance of this agreement.


    3.3. The Affiliate undertakes promptly, and in any event within 14 days after the Effective Date, to submit to the Company Programme Manager for approval by the Company before publication on the Affiliate Website:


    (a) the initial version of the Welcome Page;


    (b) any change to the Welcome Page since the most recent version provided to the Company;


    (c) the template designs for the Affiliate Web Link Pages;


    (d) the first set of Affiliate Web Link Pages; and


    (e) any change to any of the template designs for, or to any of, the Affiliate Web Link Pages since the versions last submitted to the Company.


    3.4. The Affiliate shall be responsible for developing, operating and maintaining the Affiliate Website and for all materials that appear on it. In particular, but without limiting the generality of the foregoing, the Affiliate shall be responsible for:


    (a) the proper functioning and maintenance of all hyperlinks to the Company Website; and


    (b) compliance with the Company Trade Mark Guidelines.


    3.5. The Affiliate shall submit to the Company for prior approval any proposed use of any Company trade mark, domain name, logo, and other elements of branding that the Affiliate may wish to make. The Company shall review the proposed use within a reasonable time (being ordinarily not longer than seven days) and shall not unreasonably refuse or delay approval.


    3.6. The Affiliate shall provide the Company with:


    (a) all co-operation in relation to this agreement; and


    (b) all access to such information as may be required by the Company,


    as is necessary for the proper performance of the Company's obligations under this agreement.


    3.7. The Affiliate acknowledges and agrees that their participating website(s) may not:


    (a) Infringe on our or anyone else's intellectual property, publicity, privacy or other rights.


    (b) Violate any law, rule or regulation.


    (c) Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials.


    (d) Contain any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.


    (e) Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commission from another website. This includes toolbars, browser plug-ins, extensions and add-ons.


    3.8. The Affiliate acknowledges and agrees to adhere to the following advertising guidelines:


    (a) The Affiliate must only advertise their personal Affiliate Web Link and Discount Code.


    (b) The Affiliate must only advertise their Affiliate Web Link and Discount Code on the blog, personal website or social platforms that have received prior consent from the Company.


    (c) Posting on 3rd party websites, networks, social platforms, or anywhere where the Affiliate has not received consent from the Company will result in removal from the Program.


    (d) The Affiliate agrees not to use any technology that covers up the Discount Code and generates the Affiliate click by revealing the Discount Code.


    (e) The Affiliate must not post personal Affiliate Discount Codes or Web Links on the Company's social media properties or via any paid social media channels.


    (f) The Affiliate agrees not to advertise V3 Apparel through any paid media such as search engine adverts, display advertising and paid social advertising.


    (g) The Affiliate agrees not to create, publish, distribute, or print any written material that makes reference to the Program without first submitting that material to the Company and receiving prior consent.


    (h) The Affiliate agrees to abide by the CAN-SPAM Act of 2003 with respect to the Program.


    3.9. The Affiliate shall at all times while this agreement is in force have an Affiliate Programme Manager. The first Affiliate Programme Manager shall be:


    Nicholas Pinocci.


    The Affiliate Programme Manager shall have the authority to contractually bind the Affiliate on all matters relating to this agreement. The Affiliate shall use reasonable endeavours to ensure as far as reasonably possible the continuity of the Affiliate Programme Manager.


    3.10. The Affiliate acknowledges and agrees that it has no authority to legally bind the Company in relation to Company Users, other users or anyone else and that it has not been appointed and is not the agent of the Company for any purpose. The Affiliate agrees that it shall not make to anyone any representation or commitment about the Company, the Company Website or any of the products or services available to be bought on the Company Website.


    3.11. The Affiliate shall comply with all applicable laws and regulations with respect to its activities under this agreement and to its business.


    3.12. The Affiliate to abide to the Code of Conduct set out within Schedule 2.


    3.13. In the event of any delays in the Affiliate's provision of assistance as agreed by the parties, the Company may adjust any dates for performance or delivery provided to the Affiliate as reasonably necessary.


    4. CHARGES AND PAYMENT


    4.1. The Company will pay the Affiliate the Commission Rate of 10% in respect of Net Revenue for each Transaction.


    4.2. All commission will be paid by the Company to the Affiliate via PayPal. 


    4.3.  Commission is payable on a receipts, not accruals, basis so if Company receives no revenue on any Transaction, no commission is payable.


    4.4. Affiliate acknowledges and agrees that no payments are due to it under this agreement otherwise than as expressly set out in this agreement.


    4.5. All sums payable under this agreement are exclusive of VAT and if VAT is chargeable it shall be paid in addition. For the duration of this agreement, the Affiliate agrees to the Company invoicing the Affiliate for commission payable under a self-billing arrangement and further agrees that:


    (a) it is registered for VAT and will, within 14 days of this agreement, provide the Company with its VAT registration number;


    (b) for so long as the self-billing arrangement is in place, it will not raise VAT invoices for supplies made under this agreement; and


    (c) it will notify the Company immediately if the Affiliate ceases to be registered for VAT, transfers its business as a going concern or becomes registered for VAT under another VAT registration number.


    4.6. The Affiliate shall notify the Company of any change in its contact or address details and shall duly complete all relevant forms requiring completion by any taxation or other government authority in relation to its activities under this agreement.


    4.7. Except in the case of manifest error, the Company shall endeavour to pay the Affiliate the commission earned to be due within 30 days after the end of each calendar month.


    4.8. In the event that the total monthly fees paid or payable by the Company to the Affiliate under clause 4.7 for any period of three consecutive months is less than £20.00, the Company may choose on giving notice to the Affiliate to make payments to the Affiliate quarterly until such time as the average monthly fees over a consecutive three-month period exceed £20.00.


    5. PROPRIETARY RIGHTS


    The Affiliate acknowledges and agrees that the Company and its licensors own all intellectual property rights in the Company Website and all the Company's products and services. Except as expressly stated herein, this agreement does not grant the Affiliate any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses belonging to the Company. All such rights are reserved to the Company.


    6. CONFIDENTIALITY


    6.1. Each party undertakes that it shall not at any time during this agreement, and for a period of five years after termination of this agreement, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party or of any member of the group of companies to which the other party belongs, except as permitted by clause 16.2.


    6.2. Each party may disclose the other party's confidential information:


    (a) to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with this agreement. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party's confidential information comply with this clause 6; and


    (b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.


    6.3. No party shall use any other party's confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this agreement.


    6.4. Neither party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party.


    6.5. This clause 6 shall survive termination of this agreement, however arising.


    7. DATA PROTECTION


    Each party shall, at its own expense, ensure that it complies with and assists the other party to comply with the requirements of all legislation and regulatory requirements in force from time to time relating to the use of personal data, including (without limitation) (i) any data protection legislation from time to time in force in the UK including the Data Protection Act 1998 or 2018 and any successor legislation; and (ii) for so long as and to the extent that the law of the EU has legal effect in the UK, the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable EU regulation relating to privacy. This clause is in addition to, and does not reduce, remove or replace, a party's obligations arising from such requirements.


    8. INDEMNITY


    Each party shall indemnify the other party against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the beneficiary of the indemnity arising out of or in connection with the indemnifier's website (being the Company Website or the Affiliate's website as the case may be) or the marketing or sale of products or services on that website, provided that:


    (a)  the indemnifier is given prompt notice of any such claim;


    (b) the beneficiary provides reasonable co-operation to the indemnifier in the defence and settlement of such claim, at the beneficiary's expense; and


    (c) the indemnifier is given sole authority to defend or settle the claim.


    9. LIMITATION OF LIABILITY


    9.1. This clause 9 sets out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Affiliate:


    (a) arising under or in connection with this agreement; and


    (b) in respect of any representation, misrepresentation (whether innocent or negligent), statement or tortuous act or omission (including negligence) arising under or in connection with this agreement.


    9.2. Except as expressly and specifically provided in this agreement, all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement.


    9.3. Nothing in this agreement excludes the liability of the Company:


    (a) for death or personal injury caused by the Company's negligence; or


    (b) for fraud or fraudulent misrepresentation.


    9.4. Subject to clause 9.3:


    (a) the Company shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation (whether innocent or negligent), restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss costs, damages, charges or expenses however arising under this agreement; and


    (b) the Company's total aggregate liability in contract (including in respect of the indemnity in clause 9), tort (including negligence or breach of statutory duty), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the amount paid under this agreement by the Company to the Affiliate during the 12 months preceding the date on which the claim arose.


    10. DURATION AND TERMINATION


    10.1. This agreement shall commence on the Effective Date and shall continue for the period of one year, unless otherwise terminated as provided in this clause 10. After one year, this agreement shall automatically renew for yearly periods, unless either party notifies the other, in writing, at least 30 days before the end of the then current term.


    10.2. Without prejudice to any other rights or remedies to which the parties may be entitled, either party may terminate this agreement without liability to the other if:


    (a) the other party commits a material breach of any term of this agreement which breach is irremediable or (if such a breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so;


    (b) the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986;


    (c) an application is made to court, or an order is made, for the appointment of an administrator, or if a notice of intention to appoint an administrator is given or if an administrator is appointed, over the other party (being a company);


    (d) the holder of a qualifying floating charge over the assets of that other party (being a company) has become entitled to appoint or has appointed an administrative receiver;


    (e) a person becomes entitled to appoint a receiver over all or any of the assets of the other party or a receiver is appointed over all or any of the assets of the other party;


    (f) a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of the other party's assets and such attachment or process is not discharged within 14 days;


    (g) the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with any of its creditors other than (being a company) for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;


    (h) the other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business;


    (i) there is a change of control of the other party within the meaning of section 1124 of the Corporation Tax Act 2010; or


    (j) any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 10.2(b) to clause 10.2(k) (inclusive).


    (k) failure to abide to the Code of Conduct set out within Schedule 2.


    11. CONSEQUENCES OF TERMINATION


    On termination of this agreement for any reason:


    (a) In the event that the Affiliate is found to be a Commercial Agent (Council Directive) Regulations 1993 (as amended from time to time) apply, and provided that the Affiliate gives notice of its intention as required thereunder, the Affiliate shall, unless any of the circumstances mentioned in Regulation 18 of those Regulations applies, have the right to be indemnified as provided in Regulation 17 of those Regulations. For the avoidance of doubt, the Affiliate shall have no right to any compensation under those Regulations on termination f this agreement.


    (b) all licences and benefits granted under this agreement shall immediately terminate;


    (c) each party shall return and make no further use of any equipment, property, materials and other items (and all copies of them) belonging to the other party; and


    (d) the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination, shall not be affected or prejudiced;


    (e) all hyperlinks, Discount Codes and Affiliate links granted under this agreement shall immediately terminate.


    12. FORCE MAJEURE


    Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for six months, the party not affected may terminate this agreement by giving 30 days' written notice to the affected party.


    13. WAIVER


    No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.


    14. RIGHTS AND REMEDIES


    The rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.


    15. SEVERANCE


    15.1. If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.


    15.2. If one party gives notice to the other of the possibility that any provision or part-provision of this agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.


    16. ENTIRE AGREEMENT


    16.1. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.


    16.2. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.


    16.3. Each party agrees that the only rights and remedies available to it arising out of or in connection with a Representation shall be for breach of contract as expressly provided in this agreement.


    16.4. Nothing in this clause shall limit or exclude any liability for fraud.


    17. Assignment and other dealings


    17.1. The Affiliate shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under this agreement without the prior written consent of the Company.


    17.2. The Company may at any time assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under this agreement.


    18. NO PARTNERSHIP OR AGENCY


    Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.


    19. VIOLATION


    No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).


    20. THIRD PARTY RIGHTS


    A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.


    21. NOTICES


    21.1. Any notice or other communication given to a party under or in connection with this agreement shall be in writing and shall be:


    (a) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or


    (b) sent by fax to its main fax number; or


    (c) electronic communications.


    21.2. Any notice or communication shall be deemed to have been received:


    (a) if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;


    (b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service; or


    (c) if sent by fax, at 9.00 am on the next Business Day after transmission.


    22. GOVERNING LAW


    This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the law of England and Wales.


    23. JURISDICTION


    Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).


    Schedule 1 - Company Trade Mark Guidelines


    These guidelines are for V3 Apparel licensees, authorized resellers, affiliates, athletes, employees and other parties wishing to use V3 Apparel's trademarks, service marks or images in promotional, advertising, instructional, or reference materials, or on their websites, blog or social pages. Use of V3 Apparel trademarks, logos and images without prior written consent of V3 Apparel may constitute trademark infringement and unfair competition in violation of trademark laws. V3 Apparel does not grant permission to modify trademarks, logos, images, advertising or similar materials. Only V3 Apparel and its authorized resellers and licensees may use the V3 Apparel Logo in advertising, promotional, and sales materials. Such authorized parties may use the V3 Apparel Logo and trademarks.


    V3 Apparel trademarks and logos are valuable assets. In following these guidelines you help us protect our valuable trademark rights and strengthen our brand identity. By using a V3 Apparel trademark, in whole or in part, you are acknowledging that V3 Apparel is the sole owner of the trademark and promising that you will not interfere with V3 Apparel's rights in the trademark, including challenging V3 Apparel's use, registration of, or application to register such trademark, alone or in combination with other words, anywhere in the world, and that you will not harm, misuse, or bring into disrepute any V3 Apparel trademark. The goodwill derived from using any part of a V3 Apparel trademark exclusively inures to the benefit of and belongs to V3 Apparel. Except for the limited right to use as expressly permitted under these Guidelines, no other rights of any kind are granted hereunder, by implication or otherwise.


    Rules for Proper Use of V3 Apparel Trademarks


    It is your responsibility to determine whether your proposed use is legally permissible. If authorized to do so, you may reference V3 Apparel products and services using the V3 Apparel trademarks, so long as such references are: (1) truthful, fair, and not misleading, and (2) comply with the following guidelines, which may be modified from time to time by V3 Apparel in its sole discretion. For up to date Trade Mark Guidelines please visit www.V3Apparel.com.


    1. Trademarks are adjectives used to modify nouns; the noun is the generic name of a product or service.

    1. As adjectives, trademarks may not be used in the plural or possessive form.

    1. An appropriate generic term must appear after the trademark the first time it appears in a printed piece, and as often as is reasonable after that.

    1. Always spell and capitalize V3 Apparel’s trademarks. Do not shorten or abbreviate V3 Apparel product names. Do not make up names that contain V3 Apparel trademarks.

    Unauthorized Use of V3 Apparel Trademarks


    1. Company, Product, or Service Name:You may not use or register, in whole or in part, V3 Apparel, Made To Motivate, or any other V3 Apparel trademark, including V3 Apparel-owned graphic symbols, logos, icons, or an alteration thereof, as or as part of a company name, trade name, product name, or service.

    1. V3 Apparel Logo and V3 Apparel-owned Graphic Symbols:You may not use the V3 Apparel Logo or any other V3 Apparel-owned graphic symbol, logo, or icon on or in connection with web sites, products, packaging, manuals, promotional/advertising materials, or for any other purpose except pursuant to an express written trademark license from V3 Apparel, such as a reseller agreement.

    1. Variations, Takeoffs or Abbreviations:You may not use an image of, or other variation of "V3" or "V3 Apparel" for any purpose. Third parties cannot use a variation, phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of a V3 Apparel trademark for any purpose.

    1. Disparaging Manner:You may not use a V3 Apparel trademark or any other V3 Apparel-owned graphic symbol, logo, or icon in a disparaging manner.

    1. Endorsement or Sponsorship:You may not use V3 Apparel, or any other V3 Apparel trademark, including V3 Apparel-owned graphic symbols/logos, or icons, in a manner that would imply V3 Apparel’s affiliation with or endorsement, sponsorship, or support of a third party product or service.

    1. Merchandise Items:You may not manufacture, sell or give-away merchandise items, such as T-shirts and mugs, bearing V3 Apparel or any other V3 Apparel trademarks, including symbols, logos, or icons, except pursuant to an express written trademark license from V3 Apparel.

    1. V3 Apparel’s Trade Dress:You may not imitate the distinctive V3 Apparel packaging, web site design, logos, or typefaces.

    1. Slogans and Taglines:You may not use or imitate a V3 Apparel slogan or tagline.

    1. Domain Names:You may not use an identical or virtually identical V3 Apparel trademark as a second level domain name.

    1. Trademark Bidding: You may not bid on a V3 Apparel trademark (or any variant, extension thereof, variations of, or misspellings thereof) as a keyword or content based campaigns on any search engine or social networking platforms. You may not use our trademarked terms in your ad title, ad copy, display name or as the display url. You may not direct link to our website from any Pay Per Click ad or use redirects that yield the same result. Affiliate must be directed to an actual page on your website. You may not bid in any manner appearing higher than V3 Apparel for any search term in position 1-5 in any auction style pay-per-click advertising program.

    1. Ownership Assertion: Do not assert rights over any V3 Apparel brand or trademark whether by incorporating a V3 Apparel brand or trademark into your own product or service names, trademarks, logos, company names, or domain names or seeking a trademark or domain name registration for any term that includes a V3 Apparel brand or trademark.

    Schedule 2 – Code of Conduct


    INTERNET ADVERTISING BUREAU (“IAB”)


    AFFILIATE MARKETING COUNCIL CODE OF CONDUCT – VOUCHERS


    COORDINATION PROCEDURE


    PART 1 - INTRODUCTION


    This procedure (the “Coordination Procedure”) sets out the procedure for the coordination of the enforcement of the Affiliate Marketing Council Code of Conduct – Vouchers (the “Code”) by the IAB. The Code applies to affiliates and online publishers (“Affiliates”) which use vouchers to direct website traffic to online merchants.


    Compliance with the Code is a condition of participation in the affiliate marketing networks operated by:


    Affiliate Window Affilinet
    Commission Junction OMG
    Omnicom
    Rakuten LinkShare
     TradeDoubler
    TradeTracker
    Webgains

    (together the “Networks”).


    The Networks will enforce the Code. The IAB will act as a coordinator to ensure consistent enforcement of the Code by the Networks. The IAB will coordinate the enforcement of the Code in accordance with this Coordination Procedure.


    Part 2 – COORDINATION PROCEDURE


    Notification and Enforcement Notices


    1. A suspected breach of the Code by an Affiliate is notified to the Networks (a “Complaint”).


    2. On receipt of the Complaint, the Networks will enforce the Code under the terms of their agreements with Affiliates, as each of the Networks deem appropriate.


    3. If the issuer of the Complaint considers that the Networks have not properly and consistently enforced the Code, the issuer of the Complaint may notify the IAB by email to [email protected].


    4. On receipt of a notice of a Complaint, the IAB may call a meeting of the Networks (”Enforcement Meeting"). When considering whether to call an Enforcement Meeting, the IAB will take into account:


    4.1. the nature and extent of the suspected breach of the Code;


    4.2. the nature and extent of any enforcement action taken by each of the Networks;


    4.3. the extent of any inconsistency of the enforcement of the Code by the Networks; and


    4.4. any other factors it considers relevant.


    5. The IAB will only call a meeting of the Networks where it considers that the issuer of the Complaint has, directly with the Networks, undertaken all appropriate action.


    6. At the Enforcement Meeting, the Networks will [unanimously agree OR agree by majority decision] a course of enforcement action to be undertaken by the Networks in respect of the suspected breach and a timescale for the implementation of that course of action.


    7. Any course of enforcement action agreed at the Enforcement Meeting will be implemented by the Networks in accordance with any agreed dates for implementation.


    General


    8. Any action taken by a Network in respect of the Code or this Coordination Procedure is without prejudice to any of that Network’s other rights or remedies, including any contractual rights or remedies as provided under any agreements between that Network and Affiliates.


     


    INTERNET ADVERTISING BUREAU (“IAB”)


    AFFILIATE MARKETING COUNCIL CODE OF CONDUCT – VOUCHERS (the “Code”)


    PART 1 - INTRODUCTION


    The Code applies to affiliates and online publishers (“Affiliates”) which use vouchers to direct website traffic to online merchants (“Advertisers”) as part of an affiliate marketing program operated by any the affiliate marketing networks which enforce the Code. Any reference in the Code to “vouchers” includes voucher codes.


    The Code seeks to achieve the following overriding objectives:


    (a) To maintain consumer confidence in vouchers as a purchasing method; and


    (b) To ensure fair dealings amongst businesses which make use of vouchers as an affiliate marketing model(known as the “Objectives”)


    The Code includes practical guidance on how to comply. Affiliates must follow this guidance in order to comply with the Code, but following the guidance does not guarantee compliance with the Code. Affiliates must decide for themselves which measures to take in order to comply with the Code. Therefore, complying with the Code may require Affiliates to take measures in addition to the measures described in any guidance.


    Compliance with the Code is a condition of participation in the affiliate marketing networks operated by:


    Affiliate Window Affilinet
    Commission Junction OMG
    Omnicom Affiliates Rakuten LinkShare TradeDoubler TradeTracker Webgains
    (together the “Networks”).


    The Networks will enforce the Code independently, under their own terms of business. The IAB will act as a coordinator to ensure that the independent enforcement of the Code by the Networks is consistent. However, when enforcing the Code the Networks and IAB will not act as a collective nor to take action collectively. The IAB will coordinate the enforcement of the Code in accordance with the Coordination Procedure.


    The Code does not restrict the ability of Advertisers to enforce any other rights they may have in respect of any vouchers.


    Part 2 – RULES AND GUIDANCE


    1. Affiliates must act lawfully and comply with the spirit of the Code, as well as the letter of the Code.

    Guidance:


    1.1 The Code must be interpreted in the context of the Objectives, having regard to technical developments, new commercial practices and changing consumer attitudes.


    1.2 Compliance measures must be periodically reviewed in order to ensure ongoing compliance with the Code.


    1.3 Affiliates must comply with the Code in respect of any vouchers it publishes, whether sourced from Advertisers, affiliate marketing networks, agencies or the public.


    1.4 Affiliates must comply with the Code regardless of whether vouchers are published by the Affiliate or whether the Affiliate permits the vouchers to be published on its behalf.


    1.5 All vouchers must comply with any codes of advertising practice administered by the Advertising Standards Authority from time to time, and any applicable laws or regulations for the protection of consumers (including the Consumer Protection from Unfair Trading Regulations 2008).


    2. Consumers must be provided with information which is true, accurate and not misleading.


    Guidance:


    2.1 A description of the key terms and conditions of a voucher (including any expiration date) must be immediately visible to consumers when viewing a voucher. All other terms and conditions of a voucher must be readily accessible by consumers when viewing a voucher.


    2.2 Vouchers must be kept up to date. Vouchers which have expired may only continue to be published if it is immediately apparent to consumers that the voucher has expired. For this purpose, it is not sufficient to state the expiration date only.


    2.3 All terms and conditions of a voucher must be prominent, fair and intelligible.


    3. If a consumer is required or induced to act, the consequences of that action must meet the reasonable expectations of a consumer.


     


    Guidance:


    3.1 Consumers must not be required, invited or induced to act without having been properly informed of the consequences of that action.


    3.2 If a consumer is required, invited or induced by an Affiliate to act in order to access a voucher, the consumer must be provided with access to a valid voucher as a primary consequence of that action.


    3.3 A consumer must be made aware if an action taken in respect of a voucher will cause that consumer to be redirected to a website, or cause a website to appear.


    4. Vouchers must be differentiated from other promotions or discounts Guidance:


    It must be clear to the consumer whether a sales promotion or discount is:


    4.1 obtained by use of a voucher;


    4.2 obtained by participating in a ‘group-coupon’ type arrangement;


    4.3 a ‘daily-deal’ type promotion; or


    4.4 a sales promotion or discount offered by the Advertisers generally.


    5. Vouchers must only be monetised with the permission of the relevant
    Advertiser or any of that Advertiser's respective licensors or licensees
    Guidance:


    5.1 It is for the Affiliate to demonstrate that permission is held to monetise a voucher.


    5.2 Vouchers must not be published if such publication is likely to:


    5.2.1 constitute the infringement of any intellectual property rights of any third party;


    5.2.2 cause an Advertiser to breach any agreements it may have with any third parties; or


    5.2.3 infringe any rights granted to a third party by any Advertiser..


    5.3 Affiliates must not monetise vouchers which are known to be exclusively licensed by an Advertiser to another Affiliate.


    5.4 Affiliates must immediately cease monetisation of any vouchers on the
    request of the respective Advertiser or any of Advertiser respective licensors or licensees.


    6. Vouchers must only be published in accordance with the instructions of the relevant Advertiser


    Guidance:


    6.1 Affiliates may publish non-monetised vouchers in the absence of any instructions to the contrary issued by the relevant Advertiser.


    6.2 Affiliates should respond to any instructions of an Advertisers regarding that Advertiser’s vouchers as soon as reasonably practicable. Such response may include ceasing to publish the voucher.


    6.3 Affiliates should adopt policies which take into account the respective instructions of each Advertiser.
     

    7. Affiliates must not publish, or permit the publication, of any content which is likely to bring into disrepute the voucher model of affiliate marketing, any Advertiser or any of that Advertiser’s respective licensors or licensees.


    Guidance:


    7.1 Affiliates must ensure effective moderation of any user-generated content it permits to be published.


    7.2 Affiliates must immediately respond to any communication issued by any Advertiser, or any of that Advertiser's respective licensors or licensees, which concerns content likely to be considered defamatory.


    V3 Apparel Privacy Policy


    OVERVIEW

    We take your privacy extremely seriously and this Privacy Policy applies to the following services operated by the data controller, V3 Apparel, and its affiliates (collectively, "V3 Apparel", "we", "us", or "our"): www.V3Apparel.com (the "Site") and all services and features made available by V3 Apparel through the Site. 


    SCOPE

    V3 Apparel is committed to data protection and continually work to observe compliance and deploy the best practices in protecting data and championing user privacy. We use the Personal Information you kindly share and entrust us with to help make our products, content and the V3 Apparel online experience even better. This Privacy Policy aims to provide you with a clear view of how we as the data controller, process and use the Personal Information you provide, how we collect it, our dedication to protecting it, your rights and the options you have to control your Personal Information.


    THIS PRIVACY POLICY

    By accessing or using the Site, its features or services and providing us with information on the Site, it's features and services, you consent to this Privacy Policy. We suggest that you review this Privacy Policy regularly as we will make all efforts to update and change the policy in accordance with company, legal or regulatory requirements.


    PERSONAL INFORMATION WE COLLECT

    "Personal Information" means any information about an individual whose identity is apparent or can be ascertained, directly or indirectly.


    The information we collect about you when you buy our products, register or use certain features and services may include the following (collectively referred to as 'Personal Information'). Most of the Personal Information we collect about you will be Personal Information that you have voluntarily provided to us. In general, you can visit our Site without providing us with any personally identifiable information, such as your name, shipping address and any other information necessary to process your order. However, if you elect not to provide the Personal Information when required, some of the services and/or features available on and/or through the Site may not be available for your use, such as the ability to make a purchase.


    Automatically collected data


    When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.” We may combine this device information with other personal data we collect about you.


    We collect Device Information using the following technologies:


    Cookies


    Cookies are small removable data files that are sent to your browser from a website and stored on your device. As is common practice with most websites, we use cookies to enhance the overall browsing experience of our Site and services. Generally, we use cookies to understand how users engage with our Site, track bugs and errors, improve and enhance our Site, it's features and services, track sessions, remember user preferences, targeted marketing communications and for analytic purposes. Our third party partners may use cookies or similar tracking technologies in order to provide you advertising or other content based on your browsing interests and activities. For more information about our use of cookies and how to manage your cookie preferences please view our Cookie Policy here.


    Log Files


    Upon visiting a website, web servers log your interaction with the site in a "log file". These contain and collect basic information and track actions occurring on the Site, including your IP address, browser type, Internet service provider, referring and exit pages, date and time stamps and which pages were viewed. This information is then used to analyse trends, administer the Site and services and understand how users interact and move through our Site so we can continue to provide a seamless shopping experience.


    Web Beacons & pixel tags


    "Web beacons", "tags" and "pixel tags" are electronic files that allow us or preferred service providers to track non-personally identifiable analytic information about your visit and how you browse and use our Site and services (such as pages viewed or links clicked). Pixel tags and web beacons also allow us to track behaviour such as which and when an email is opened, what links were clicked, IP address, browser or email client type and other similar details so we can review this information and improve our features and Site for customers and members.


    Data you voluntarily provide


    Additionally, we collect Personal Information you voluntarily provide to us in connection with your access to and use of our websites, your online purchases of our products or services, interaction with us at events, pop-up stores and exhibitions, through contact via email, telephone, written or text, and other channels or media such as social media, competitions, research activities or an event registration service. In particular, we collect personal data directly from you in connection with the following activities:


    • Contact details: including your name, postal and billing address, age and date of birth, gender and other relevant demographic information, contact details such as your telephone number and email address.

    • Login and account information including screen name, password and unique user ID

    • Personal details including gender, hometown, date of birth and other demographic information;

    • Order information which includes your contact details such as your name, shipping and postal address, email address, payment or credit card information, purchasing history and mobile and telephone numbers;

    • Personal preferences including your wish list, marketing, and cookie preferences. Also, your browsing activities on any of our websites including which items you add to your shopping cart;

    • Images, photos and videos and location

    • The opinions, preferences and interests, and product or event reviews that you publish on our websites or share with us online or through social media.

    • Your communication data, such as requests, complaints and any other data that we receive if we communicate with you via email, telephone, text, messenger, online or via social media.

    • Data we collect regarding your participation in a contest, event, sweepstake's promotion or survey.

    • Social network information including your social handles, credentials and any information from public posts about V3 Apparel or your communications with us.

    • Any other publicly available personal data, including any which you have voluntarily shared on public platforms.

    The Personal Information we collect from the above other sources listed above will be used in the format that it is received, or, where appropriate, will be combined with Personal Information we obtain from other internal or external sources. This list is not exhaustive and in specific instances, we may need to collect additional data for the purposes set out in this policy. We may also collect personal data from other internal or external sources, publicly available sources and third parties who have received your consent to pass your details on to us. We use and analyse this Personal Information where necessary for the following purposes detailed in the section below.


    HOW WE USE YOUR PERSONAL INFORMATION

    The Personal Information we receive will allow us to process, arrange and up to date you with regards to your order, create an account, update the information within your account, personalise our product offering and improve your shopping experience, making it more efficient, smooth and enjoyable. We will also use the Personal Information you provide to us for the following:


    • To administer and provide an online account for you to store, update and view your details for a faster shopping experience. It also provides a section to view your purchase history. The legal basis for this processing is our legitimate interest in better understanding users expectations and needs and to improve our websites and services;

    • To provide products and services to you, which includes payment processing, handling your purchases, sending order status updates and notifications via email or SMS, and processing exchanges and returns. The legal basis for processing your Personal Information in this way is for the performance of the purchase agreement between you V3 Apparel.

    • To improve our products and services, using the Personal Information you provide us with to help us understand how you use our products, services, and Site, to develop our website, services, and products. This is necessary for the purposes of our legitimate interest in providing better products, services, and websites for you and our other customers.

    • To provide and maintain effective communication with you, including customer support, and to troubleshoot problems with our websites. We will use your Personal Information if necessary to process your request, for example, we will use your order information and contact history to help process your request and to provide a quick response to your query. This is necessary for the performance of a contract with V3 Apparel and for our legitimate interest in providing you with a functional website. We will also process your Personal Information in this way if it is necessary for us to comply with any legal obligations.

    • If you have participated in an event, contest, prize draw, sweepstake or other promotion, we will use your Personal Information for submission and publication on our website or a third parties. This is necessary to fulfill the performance of the agreement between you and V3 Apparel related to such promotion.

    • To conduct analysis and research relating to your use of our Site, services, advertising, and marketing materials. It is necessary for the purposes of our legitimate interests in understanding our customers, their needs, and expectations and ensuring that our website, services, and products meet the needs of our customers.

    • We will also use your Personal Information to manage and develop V3 Apparel's business and operations to determine company performance and to understand where improvements can be made. The legal basis for this processing is our legitimate interest in understanding how our business is performing, to improve our selection of products, services, and websites, and to explore ways in which we can develop and enhance our business and performance.

    • To measure your social media engagement and interactions with our brand. The legal basis for this processing is our legitimate interest in understanding the efficacy of our marketing strategies.

    • We take fraud very seriously and remain committed to actively detecting, investigating and preventing fraudulent transactions, error, negligence, breach of contract, violation of our Terms and Conditions and other illegal activities. We may use the Device Information we collect to help us screen for potential risks and fraud. For this purpose, it may be necessary for the purposes of our legitimate interests to ensure we are not the victim of fraud and to protect our legal rights, that we may need to share the Personal Information we collect and to comply with court orders, governmental requests or applicable law.

    • We will use your Personal Information to build a profile on you in order to understand how you use our products and services, to develop more interesting and relevant products and services, to improve our website, as well as to personalise the products and services we offer you. We process your Personal Information in this way as it is necessary for the purposes of our legitimate interests in providing better products and services for you and our other customers.

    • We may use your age, year of birth or confirmation to confirm customers meet the required minimum age in your country for online purchases and for data protection and/or marketing law purposes. The legal basis for this processing is the legal obligation we have under applicable laws to protect minors information.

    • To comply with our legal obligations, including those related to money laundering, fraud prevention and those required for you to benefit from rights recognised by law, or any regulatory requirements or provisions. The legal basis for this processing is compliance with our legal obligations under laws in the EEA, Switzerland and other jurisdictions in which we operate.

    • When you visit our Site, sign up to receive V3 Apparel newsletters, marketing materials or online features such as the Wish List or Back in Stock feature, we use your Personal Information to offer you tailored opportunities to purchase products, attend events or receive our content that we believe may be of interest to you. These opportunities may be supplemented with information from third parties to help us create a more personalised experience. The legal basis for this processing is our legitimate interest in providing information about services and products that may be of interest to you unless applicable law requires us to obtain your consent, in which case we will do so.

    • Our websites use re-targeting technologies which allow us to show our visitors, who have already expressed an interest in our brand, products, and services, advertisements from V3 Apparel on partnered websites. We believe that adverts based and tailored to individuals interest is much more pleasing to receive than adverts that do not have a personal These technologies analyse the information we collect about your interactions and behaviour with our website and together with information obtained from other parties, including your cookies, help us create advertising campaigns that best suit your needs and interests. In addition, we also advertise and work with partners who use tracking technologies to serve adverts on our behalf across the Internet. These companies may collect Personal Information about your visits, interactions, and behaviour when visiting our websites and your interactions with our communications. They will only collect this information to the extent that you have consented for marketing purposes. Please also note that these parties may also transfer information compiled to third parties where required to do so by law, or where such third parties process the information on behalf of these companies. We will process your data for re-targeting purposes with your explicit consent. The legal basis for this processing is our legitimate interest in providing information about services and products that may be of interest to you.

    • We use Personal Information we hold about our users and customers (this includes anonymised information) to carry out analysis and research to learn more about your preferences, to identify patterns and trends, enhance user experience of our websites, provide information, content and offers tailored to customer needs, for general research and statistical purpose, to monitor product and service performance, to display online ads to you and to help develop new products and services. We carry out analysis and research on the basis that it is necessary for the purposes of our legitimate interests in understanding our visitors and customers to ensure that our products, services, and websites meet the needs of our customers.

    We will always ask for your consent if we wish to use your Personal Information for purposes other than those listed in this Privacy Policy and where required to do so under applicable law. We will never use your Personal Information for other purposes before we have received such consent. You can withdraw your consent at any time, see the 'Your Rights' section below for more information.


    PROFILING AND AUTOMATED DECISION MAKING

    The advertisements and recommendations which we show you are chosen by analysing the Personal Information you provide to us laid out in the 'Personal Information We Collect' section above. To best tailor advertisements which are most likely to be of interest to you, we compile and analyse information received from the various sources detailed within this privacy policy. Sources may include information from external advertising providers, data received from cookies, pixels, web beacons, direct data we receive voluntarily from you, your browsing, purchasing and your responses to previous marketing communications. Using this analytical data, we will then process your Personal Information and place you into marketing segments, which best determine the content of the messages and offers you will receive from us. We personalise these messages on the basis of that it is necessary for the purposes of our legitimate interests in ensuring that we provide you with the most relevant and appropriate information. To provide more personalised services and experiences, we may, on occasion, use channels for opinion and feedback research to help us learn about your experience and to improve your experience with V3 Apparel.


    If you wish to opt out of any automated processing or profiling please inform us by contacting our customer support team. 


    SHARING YOUR PERSONAL INFORMATION

    V3 Apparel takes your online security and data protection very seriously. In order to provide the services you request from us and for the purpose of operating our business, we may engage third party vendors, agents, service providers, processors and affiliated entities to provide services to us and/or on our behalf.


    This may include support for internal website operations; payment processing, logistic services, Services such as technical support processing and related offline product support services, data storage and other services. In providing their services they may access, receive, maintain or otherwise process personal data on our behalf. We contractually instruct and ensure trusted partners conform to the required data protection and security laws, applicable under their jurisdiction. We also ensure third parties adequately safeguard personal data and only process it to provide services to V3 Apparel and to you, and for no other purposes.


    In addition, we may also disclose your Personal Information to partners we co-operate with to offer a particular service, but only where you have consented or requested that we may do so. For example, if you win a contest, sweepstake or other promotional competition, we may disclose winners names online. We may also share your information with third-party partners and co-sponsors where relevant. In such cases, we will clearly notify you of the sharing, and you will have the choice not to participate or to otherwise object to such sharing.


    We may also use the Personal Information that is aggregated and no longer personally identifiable for purposes such as marketing and reporting and we may disclose this aggregated information to trusted third party partners.


    Our websites will in certain circumstances provide you with social plug-ins from a variety of social networks and platforms. If you choose to interact with a social network your activity on our website will also be made available to that social network. This is necessary for the performance of your contract with the V3 Apparel Site or service which allows you to use and interact with a social network. If you are logged in on one of these social networks during your visit to our websites or if you interact with our social plug-ins, the social network may collect this information based on your privacy settings. If you wish to prevent this type of data transfer, please change the apps privacy settings or log out of all social networks prior to entering our websites or using our services. Please make yourself aware of the tools provided by social networks and how these networks allow you to share your Personal Information. V3 Apparel is bound by the privacy policies and practices of these third parties and so we encourage customers, visitors and users to familiarise themselves with the applicable privacy notices, terms of use and related policies about how you're Personal Information is used by these social networks and third parties.


    We may also share your Personal Information upon governmental request, in response to lawful court orders, subpoenas, warrants or other circumstances when required by law, or other requests by public authorities (including to meet national security or law enforcement requirements), to enforce our website and company policies, or to protect our or others' rights, property or safety.


    In addition, Personal Information may also be disclosed to purchases, investors, funders, other companies within our group and advisers or as part of any sale, merger, assets transfer, restructure, acquisition or similar event.


    Please also be aware that certain aspects of our website are not confidential and are available for public viewing. Any submissions you post to any publicly available blogs or other publicly available features of our websites. By making Personal Information publicly available where our websites or services allow you to do so, you consent to such publication by V3 Apparel, our service providers, and agents.


    We may also disclose information about you, including Personal Information to any other third parties and in these instances, we will where required by applicable law, obtain your consent to share your Personal Information in this way.


    We also use your Personal Information to help serve targeted advertisements, product recommendations and other communications to you. To enable our trusted partners to provide these services to you, we may provide Personal Information about you, such as your name, address, email address and transaction history. These companies may use data about you in order to provide product or service recommendations that may be of interest to you. If you wish to opt-out of these communications please contact our customer support team. More information regarding targeted advertisements can be found at the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work. Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at optout.aboutads.info.


    DO NOT TRACK

    Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.


    DATA TRANSFER

    Please be informed that V3 Apparel may transfer and process your Personal Information outside of the UK and the European Economic Area (EEA). While some countries have adequate protections for personal data under applicable laws, in other countries V3 Apparel will take the necessary steps required to ensure appropriate safeguards are in place and that all applicable laws and regulations are complied with in connection with such transfer. An example of this would be through our e-commerce platform provider and data processor, Shopify Inc. A Canadian based company which provides services and processes date from users around the world. As a UK based company, Personal Information collected by V3 Apparel within the EEA is processed by Shopify's Irish affiliate, Shopify International Ltd. but as part of their service and commitment to data protection, Personal Information from customers and users within the EEA may be transferred out of the EEA to other regions including Canada and The United States. In order to ensure that your information is protected when transferred outside of the EEA, Shopify relies on the EU-U.S. and Swiss-U.S. Privacy Shield frameworks which were designed by the U.S. Department of Commerce, the European Commission and Swiss Administration to provide companies with a mechanism to comply with data protection requirements when transferring personal data from the European Union and Switzerland to the United States.


    Additionally, if you are located in the EEA, we note that we are generally processing your information in order to fulfil contracts we might have with you or otherwise to pursue our legitimate business interests listed above unless we are required by law to obtain your consent for a particular processing operation. In particular, we process your personal data to pursue the legitimate interests listed above, either for ourselves, our users and customers, our partners or other third parties.


    YOUR RIGHTS

    Subject to certain limitations and exceptions (view restrictions here) you have the right to access Personal Information we hold about you and to ask that your Personal Information is corrected, updated or deleted as per the following legal rights regarding our processing of your personal data.


    1. The right to be informed: You have the right to request information about your personal data and how we process your data.

    2. The right to rectification: You have the right to request that we correct or supplement inaccurate or incomplete personal data we process about you.

    3. The right of access: You have the right to request access to, or a copy of, any personal data or supplementary information which we process about you.

    4. The right to erasure: You have the right to request that we erase any personal data we hold or process about you.

    5. The right to restrict processing: You have the right to request that we restrict processing of your personal data.

    6. The right to data portability: You have the right to receive the personal data which you have provided to us in a structured, commonly used and machine-readable format, and you have the right to transmit those data to another controller without hindrance from V3 Apparel.

    7. The right to object: You have the right to object to the processing of your personal data. This includes withdrawing any consent you have given us and, to opt out of any direct marketing communications we may send you.

    8. Rights in relation to automated decision making and profiling: You have the right not to be subject to a decision based solely on automated processing, including profiling which produces legal effects or similarly significantly affects, or causes distress or damage to you or anyone else.

    9. You have the right to complain to the Information Commissioner's Office. It has enforcement powers and can investigate compliance with data protection law: ico.org.uk.

    If you wish to exercise any of the above rights, you can contact our customer support team. If you would like to file a complaint regarding our data protection practices please contact your country's supervisory authority. For the UK, the supervisory authority is the Information Commissioner's Office which is available at ico.org.uk. 


    DATA RETENTION

    We retain your personal data for as long as necessary to fulfill the purposes for which such personal data was collected unless a longer or shorter retention period is required by law, is necessary for the course of legal proceedings or is otherwise needed for a particular purpose under applicable law. 


    MINORS

    The Site is not intended for individuals under the age of 13 years of age and we do not intentionally collect Personal Information about children under the age of 13. If you believe we have collected information about a child under the age of 13, please contact us (see contact details below) so that we may take appropriate action to delete such information. In addition to this, if we become aware that we have inadvertently collected Personal Information about children under the age of 13, we will take steps to delete the information as soon as possible.


    If you are at least 13 but under 16 years of age, we will obtain or request prior consent from a parent or legal guardian prior to using your Personal Information and also take steps to verify that the person giving consent holds parental responsibility.


    DATA PROTECTION

    V3 Apparel is committed to protecting your data and has a variety of security measures in place to protect against the loss, misuse or alteration of your Personal Information. These measures can be found below:


    Our websites have an added layer of encrypted security through the use of Secure Socket Layers (SSL). SSL certificates encrypt the content of our website and provide a secure channel between two machines or devices operating over the internet. For example, between a users web browser and our web server. This ensures any Personal Information we process or any you provide us with online remains secure during transmission. This certification has been provided by Let's Encrypt. You can review our security certificate by navigating in your browser to the lock icon next to the website URL.


    When you place an order through any of our sites we will ensure that your credit, debit and all other payment methods are not being used without your consent. We will take steps to validate your name, address and other Personal Information supplied by you during the order process against the appropriate third party databases. All information provided by you will be treated securely and strictly in accordance with the applicable data protection legislation.


    In addition, we also do not allow the storage of payment details through the 'My Account' feature on our websites and will never store your card's CVV/CVC numbers.


    We also have a built-in fraud prevention system which works to analyse, investigate and verify all orders. V3 Apparel will never ask for your payment information or for confirmation of any bank account or payment details via email. if you receive an email request asking for this information please ignore it and do not respond.


    We have also implemented a range of security controls in place to protect our IT infrastructure from any unauthorised or unlawful processing, destruction or damage. We also regularly conduct and review procedures to detect, report and investigate a personal data breach or cyber attack to ensure we are ready should this occur.


    MY ACCOUNT

    In addition to creating your account, accounts may be created during the ordering process. You can login to, or manage your account by clicking the 'Account' located at the top of any web page. After logging in, you will be able to modify your contact information, view your order history and update your billing and shipping addresses. For security reasons, we do not allow for payment information to be saved with your account. Under no circumstances will we store your card's CVV/CVC number anywhere and for any reason. Please remember that you are responsible for protecting your account username and password and as set forth in the Terms and Conditions, you will be responsible for all activity occurring through the use of your username and password.


    PHOTO SHARING

    When you use the hashtags referred to by V3 Apparel on social media networks, (#V3Apparel and #V3Women) to tag your photos on these social networking platforms you acknowledge and give V3 Apparel your consent to feature the tagged photos on our websites, social networks and to link products to those worn in the photos. To request removal of any shared photos please contact our customer support team. Please note, when you submit a photo using a hashtag set forth by V3 Apparel, your use of the social networks is governed by the terms and conditions of those sites.


    OTHER WEBSITES

    On occasions, we may provide links from our website and services to other websites and applications operated by third parties. These links are provided for your convenience and are intended to add value to your visit or the content in which it is included. While these third-party websites and applications are selected with care, V3 Apparel does not have control over these websites and applications, which are independent of V3 Apparel and have separate privacy policies and terms and conditions. Please be aware that our policies no longer apply when you leave our website. Therefore, V3 Apparel cannot accept liability for the use of your Personal Information by these organizations and will not be responsible for the accuracy, relevancy, availability, reliability, copyright compliance, legality or decency of material contained in third-party websites or applications linked to our websites and services. We strongly encourage you to consult the terms and privacy policies of any third party websites and applications before using their sites. 


    KLARNA

    In order to be able to offer you Klarna's payment options, we will pass to Klarna certain aspects of your personal information, such as contact and order details, in order for Klarna to assess whether you qualify for their payment options and to tailor the payment options for you.


    Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna's privacy policy. General information and Klarna's privacy policy and terms can be found at Klarna.com.


    TEXT MARKETING AND CONDITIONS

    We are using a text messaging platform, which is subject to the following terms and conditions. By opting-in for our text marketing and notifications in, you agree to these terms and conditions and consent to receive automated marketing by text message through an automatic telephone dialling system. Consent is not a condition to purchase. Message and Data rates apply.
    By entering your phone number in the checkout and initialising a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. You acknowledge that consent is not a condition for any purchase.


    The V3 Apparel mobile message service (the "Service") is operated by V3 Apparel (“V3 Apparel”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.


    By consenting to V3 Apparel’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of V3 Apparel through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).


    You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with V3 Apparel. Your participation in this program is completely voluntary.


    We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.


    You may opt-out of the Service at any time. Text the single keyword command STOP to +18443572237 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other V3 Apparel mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.


    For Service support or assistance, text HELP to +18443572237 or email [email protected].


    We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.


    The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.


    To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.


    We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.


    POLICY REVISIONS

    V3 Apparel is dedicated to providing the most up to date privacy policy and data protection and so we reserve the right to change this Privacy Policy from time to time to reflect changes to our practices, or, for other operational, legal or regulatory reasons. If we make material changes to this Privacy Policy, we will give you notice of such changes by revising the policy on this website, and where appropriate, by other means. By continuing to use this Site or our services after these changes are posted, you agree to the revised policy.


    QUESTIONS OR COMMENTS

    For more information about our privacy practices, if you have any questions, or if you would like to exercise any of your rights, please contact our customer support team here or by e-mail at [email protected].