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SUPERACE.COM SUPERACE TERMS OF CONDITIONS

Date of last revision: October 2021

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PLATFORM.

By accessing or using this website, mobile application or other SUPERACE product or service (collectively the "Platform") on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law, whether or not you are a registered member of SUPERACE. SUPERACE may change these Terms of Use at any time without notice, effective upon its posting to the Platform. Your continued use of the Platform shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Platform.  

HOW WE COLLECT DATA FROM USERS

When you visit our Website, you are not obligated to provide any information to us. Under the PDPO we are the data user for the processing of your Personal Data. We collect personal information that you knowingly disclose to us. For example, you may submit information when you make purchases; when you request information; when you register/sign up for our newsletter, to enroll in our loyalty programs, create your online account or when you participate in any other Website service. This information may include your name, address, telephone number, email address, gender, credit card information or other information about you (collectively, "Personal Data"). We then use the Personal Data to create a user profile. In this context we may combine the information you give us online with other information we hold, transactions and communications collected or processed by any member of the SUPERACE group of companies and authorized subcontractors. We also automatically collect certain data about your use of the Website such as log files, cookies, browser type and other computer or device information as described below.

PURPOSE OF PROCESSING PERSONAL DATA

We may use data from you for a number of purposes:

1.  If you have elected to receive marketing communications from us, your Personal Data may be used by us to send you information about us, our loyalty program and/or to receive the latest news on SUPERACE branded promotions and products including but not limited to apparel. For this purpose, we process your name, email address, gender, birthday and shipping address, and an overview of which newsletters we have sent you. We retain your Personal Data for as long as you wish to receive information from us. You can decide not to receive communications or updates from us at any time by contacting us or by using the unsubscribe option included in each email.

2.  Your data may also be processed by us for the technical and functional management of the Website. When you visit our Website, our Website administrators process technical data linked to the use of the Website to enable us to deliver the functionalities of the Website. With this technical data our website administrators can manage the Website, for instance by resolving technical difficulties or improving the accessibility of certain parts of the Website. This way, we ensure that you can continue to find the information on the Website in a quick and simple manner. For this purpose, we use cookies, as discussed in Section 7, and process technical data like the IP-address of your computer, the visited webpage's of the Website, the Internet browser you use, previous/next visited Website and the duration of a visit/session. We may retain technical data for as long as legally required for this purpose.

3.  When you contact us outside of our website or email communications, we may use your Personal Data to answer your question. For this purpose we process your name, your contact information, your correspondence with us about your question and all other Personal Data you provide us with and which is required to answer your question. Your data will be kept in our systems for as long as legally required and will then be deleted, with the exception of a log file containing your name, contact information, the date you contacted us and the subject of your question.

4.  Your Personal Data may also be used for the following purposes:

§  Providing our services and products to you, including administering, maintaining, managing and operating our services and products

§  The generation of management information and statistical data;

§  If you participate in our prize contests, events, competitions, promotions and/or games of chance, to be able to organize these contests and to announce the winners;

§  Meeting disclosure obligations and other requirements imposed by or for the purposes of any laws, regulations, rules, regulations, codes of practice or guidelines (whether applicable in or outside Taiwan) binding on us including making disclosure to any legal, regulatory, governmental, tax, law enforcement or other authorities.

§  To administer membership;

§  For attribution of content you post;

§  To process payments and payment instructions;

§  To investigate, prevent or stop fraud and abuse;

§  For bookkeeping;

§  To administrate the forum;

§  For access control and security measures of our building and ground.

§  Fulfilling any other purposes directly related to (a) to (k) above.

WHO HAS ACCESS TO YOUR DATA

1.  We use third parties for certain processing activities on our behalf to operate the Website, such as Website hosting, payment processing, fulfilment of products or services, delivering content, and Website management. To the extent these third parties have access to Personal Data in order to execute these processing activities, we have taken the required organizational and contractual measures to help ensure that Personal Data provided by us to these third parties is exclusively processed for the purposes mentioned above. These third parties are not authorized to send you any information about products and services from other companies without your permission.

2.  Now and then, we may organize a prize contest, promotion or game of chance in co-operation with a third party. In such a case, this will be stated clearly on the Website. If you elect to participate in such a prize contest, event or games of chance, your Personal Data will (to the extent required) be made available to these third parties, to the extent of necessity.

3.  In some locations, we also use third parties for solvency checks. We will keep information received from such third parties for as long as necessary to support our provision of services to you.

4.   We are not in the business of selling Personal Data about our customers for marketing purposes to third parties. We may, however, share non-personally identifiable information with certain third parties as described herein.

5.  In accordance with applicable laws, we may also release Personal Data in special cases in order to comply with any requests from law enforcement and government agencies, to enforce the terms of use of the Website and other agreements, and to protect customers and others. We may do so when we believe in good faith that disclosing this information is otherwise necessary or advisable, including, for instance, to identify, contact, or bring legal action against someone who may be causing injury to or interfering with the rights or property of our company, another user or anyone else that could be harmed by such activities.

6.  We may transfer Personal Data to an affiliate or third party as part of a transfer of business assets through a merger or acquisition.

7.  To facilitate the purposes set out in this Section 3, we may transfer, disclose, grant access to or share your Personal Data with the third parties set out in this Section 3 and you acknowledge that those parties may be based outside Taiwan and your home location (including in the United States and within the European Union) and that your Personal Data may be transferred to places where the data protection laws are substantially different to, or do not serve the same purposes as, the PDPO or other applicable laws (including the Australian Privacy Act).

8.  Where your personal data is transferred pursuant to clause 3.7, we take steps to ensure that the third party recipient residing outside of Taiwan or your home location accord your personal data with a standard of protection at least equivalent to the PDPO and, as required, the laws of the jurisdiction where you reside. We also require that such third parties keep your Personal Data confidential.

LOG FILES

As with most websites, we automatically gather non-personally identifiable information and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, data/time stamp, and clickstream data. We use this information, which does not identify users, to analyze trends, to administer the site and to gather demographic information about our user base as a whole. We do not link this automatically-collected information to personally identifiable information.

SOCIAL PLATFORMS

Finally, if you publicly post about us, or communicate directly with us, on a social media website, we may collect and process the data contained in such posts or in your public profile for the purpose of addressing any customers services requests you may have and to monitor and influence public opinion about us.

Please note that, if you choose to select that option, your activity on our Website will also be made available to social platforms such as but not limited to Facebook, Twitter, Pinterest, etc. If you choose to share our Website through such social media channels, your personal data (such as your name and the fact that you are interested in our SUPERACE brand) may also be visible to all the visitors of your personal webpage on LinkedIn, Facebook, Instagram and/or Twitter, depending on your account settings. Your use of such social media sites is governed by the terms and conditions (including the privacy policy) of the applicable social media site.

We are not responsible for the processing of Personal Data or the privacy policy of such social media platforms. Our General Terms and Conditions and this Privacy Policy is not applicable to the use on such social media platforms.

LINKS TO OTHER WEBSITES

On the Website you will find a number of links to other websites. Although these websites are selected with care, we are not responsible for the processing of your Personal Data through these websites. Our General Terms and Conditions of use and sale and this Privacy Policy are therefore not applicable to the use of such websites.

COOKIES ON THIS SITE

1.  The Website uses cookies. Cookies are small pieces of data sent by the Website and they are stored by your browser on your computer's hard drive so that we are able to recognize your browser when you return on the Website. Cookies can collect data on the use of the Website such as which pages are visited and the duration of a user session. When you use the Website, the cookie sends data to us. On our Website we use strictly necessary cookies, performance cookies, functionality cookies, advertising cookies, first party cookies, third party cookies, persistent cookies and session cookies.

2.  Strictly necessary cookies are essential in order to enable you to move around the Website and use its features, such as accessing secure areas of the website. Without these cookies, services you have asked for, like shopping baskets or e-billing, cannot be provided.

3.  Performance cookies collect anonymous information about how you use the Website and the pages that you have visited, for instance which pages you go to most often, and if you get error messages from web pages. These cookies do not collect information that identifies you. All information these cookies collect is aggregated and therefore anonymous. This information is only used to improve how our Website works.

4.  Functionality cookies remember your selection and choices to improve your experience in our Website. For instance, the cookies enable you to place products in your shopping cart and review the contents of your shopping cart. These cookies allow us to remember choices you make (such as your user name, language or the location you are in) and provide enhanced, more personal features. For instance, we may be able to recognize if the you already signed up for our newsletter or if the user is seeing a certain page for the first time. The information these cookies collect is aggregated and therefore anonymous and they cannot track your browsing activity on other websites.

5.  Advertising cookies collect information about your browsing habits in order to make advertising relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign. They are usually placed by advertising networks with the Website operator's permission. They remember that you have visited a website and this information is shared with other organizations such as advertisers.

6.  First party cookies allow us to understand who has visited which page(s), to determine how frequently particular pages are visited and to determine the most popular areas of the site and to monitor the usage of the Website.

7.  Third party cookies are used for analyzing traffic sources and visitor behavior as well as for controlling access and site features across the Website.

8.  Session cookies are used to store information about your page activities so you can easily pick up where you left off on the server's pages. When you close the internet browser, the session is ended and the cookie is deleted.

9.  Persistent cookies are employed to store your preferences and to recognize you at a subsequent visit.

10.      Not strictly necessary cookies: Only if you have given prior consent, we place cookies that are not strictly necessary for providing the functionalities of the Website. Through such non-strictly necessary cookies we collect information about your use of the Website and remember your preferences. Examples of collected information are pages visited and the length of a user session. Through these cookies we aim to improve your user experience of our Website. If you do not consent to these cookies being placed on your browser, these cookies will be blocked.

11.      Most web browsers automatically accept cookies and allow some control of most cookies through the browser settings, though you do not have to. We do not control the use of cookies by third parties other than the agents who provide the web analytics service for the Website. If you wish to disable cookies then you can do so by re-adjusting your browser settings. Please note that if you disable all or some of the cookies you may not be able to register with or use all features of our Website.

12.      For more information on cookies and how to disable them generally please contact your helpdesk administrator or contact your web browsers support. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.cookies.org or www.allaboutcookies.org

13.      Our Website uses Google Analytics, which is a web analysis service that is offered by Google Inc. (Google). Google Analytics uses cookies to analyze the usage of the Website by users. Google uses aggregated statistical data to give us an insight in the way you use the Website. Google may only provide these data to third parties if Google is required to do so by law, or to the extent third parties processing these data on behalf of Google. You can find more information on Google Analytics here.

HOW WE PROTECT PERSONAL INFORMATION

We treat the security of your Personal Data seriously. We utilize appropriate administrative, technical and physical safeguards and security measures to protect the Personal Data you provide on this Website against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use and any other unlawful forms of processing. We use several security techniques including secure servers, firewalls and encryptions, as well as physical safeguard of the locations where the data are stored. For example, when you are logged in and fill in forms or access your data on the Website, a secure connection is used (http via SSL, also known as HTTPS). The data you enter is automatically encrypted before it is sent. All the data is protected and only available to authorized personnel and subcontractors.

However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security.

MINORS PROVIDING PERSONAL DATA

Persons below the age of 18 may only provide personal data to us if they have written permission of one of their parents or their legal guardian who has read this Privacy Policy. You must be 18, however to establish an account with us.

CHANGES TO THIS PRIVACY POLICY

1.  This Privacy Policy may be changed over time: users of the Website are advised to regularly review this policy for possible changes. This policy was last modified as of the date stated above.

2.  This policy can be stored or printed using the buttons at the top of this page.

CONTACT – RIGHT TO ACCESS AND CORRECT PERSONAL DATA

If you have any questions, comments or complaints about us or how we process your Personal Data, or in case you wish not to be contacted by us for direct marketing purposes anymore, please contact us at the email below. Also, upon request, we will provide you with a summary of any personally identifiable information collected and retained by us regarding you. You may modify, correct, or update your personal information or request to have your personal information removed from our database. We will only send copies of personal information to the email address on file for the visitor name associated with it. Under the PDPO we have the right to charge you a reasonable fee for processing and complying with your data access request.

Our contact details are: [email protected]

 

USER INTERACTION DISCLAIMER

You are solely responsible for your interactions with other people, whether online or in person. SUPERACE is not responsible or liable for any loss or damage resulting from any interaction with other Platform users, persons you meet through the Platform, or persons who find you because of information posted on, by or through the Platform. You agree to take reasonable precautions in all interactions with other users on the Platform, and conduct any necessary investigation before meeting another person. SUPERACE is under no obligation to become involved with any user dispute, but may do so at its own discretion.

 

WARRANTY DISCLAIMER

SUPERACE is not responsible or liable for any User Generated Content or other Content posted on the Platform or for any offensive, unlawful or objectionable content you may encounter on or through the Platform. The Platform, User Generated Content, Content, and the materials and products on this Platform are provided "AS IS" and without warranties of any kind. To the fullest extent permitted by law, SUPERACE disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. NIKE cannot guarantee and does not promise any specific results from use of the Platform. SUPERACE does not represent or warrant that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that this Platform or the server that makes the Platform available are free of viruses or anything else harmful. To the fullest extent permitted by law, NIKE does not make any warranties or representations regarding the use of the materials or Content in the Platform in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Platform, loss of data or other harm of any kind that may result. NIKE reserves the right to change any and all Content and other items used or contained in the Platform at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

 

LIMITATION OF LIABILITY

SUPERACE SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A NIKE EVENT OR ANY USER GENERATED CONTENT, EVEN IF SUPERACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST NIKE FOR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. THAT SAID, IF SUPERACE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS PLATFORM OR ANY CONTENT, SUPERACE'S LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

MISCELLANEOUS

You agree that this Platform shall be deemed a passive website solely based in Oregon, TAIWAN, which does not give rise to personal jurisdiction over SUPERACE in jurisdictions other than Oregon. You agree that this Platform, Terms of Use, Privacy Policy and any dispute between you and SUPERACE shall be governed in all respects by Oregon law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. These Terms of Use are further subject to Oregon Revised Statutes Chapter 72, "Sales". Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Platform (including but not limited to the purchase of SUPERACE products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Multnomah County, Oregon. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Multnomah County, Oregon. Any cause of action or claim you may have with respect to the Platform (including but not limited to the purchase of SUPERACE products) must be commenced within one (1) year after the claim or cause of action arises. By using the Platform, you agree to receive certain electronic communications from SUPERACE. You agree that any notice, agreement, disclosure or other communication that SUPERACE sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. SUPERACE 's failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. SUPERACE may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

 

SEVERABILITY

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

 

TERMINATION

SUPERACE reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Platform for any or no reason, without notice, and without liability to you or anyone else. SUPERACE also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Platform. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Platform, or on other platforms (e.g., Facebook, Twitter, Google, etc), may continue to appear on the Platform or on other platforms even after your User Generated Content is removed or your account is terminated. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.

 

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