Terms of Use Australia
LULULEMON ATHLETICA AUSTRALIA PTY LTD ("lululemon"), AS A CONVENIENCE TO YOU, GRANTS YOU ACCESS TO ITS WEBSITE AT LULULEMON.COM.AU AND USE OF ANY OF ITS MOBILE APPLICATIONS (TOGETHER, REFERRED TO AS THE “SITE”) , CONDITIONED ON YOUR ACCEPTANCE OF THE TERMS, CONDITIONS AND NOTICES CONTAINED HEREIN (THE "TERMS OF USE") (TOGETHER WITH OUR COOKIE POLICY, PRIVACY POLICY, TERMS OF SALE AND ANY OTHER DOCUMENTS REFERRED TO HEREIN).
FOR THE PURPOSES OF THESE TERMS OF USE, "CONTENT" MEANS, COLLECTIVELY, ANY TEXT, IMAGES, GRAPHICS, SOFTWARE, SOURCE CODE, SPECIFICATIONS, AUDIO FILES, VIDEOS, ARTICLES, TRADEMARKS, LOGOS AND OTHER INFORMATION OR CONTENT AVAILABLE THROUGH THE SITE THAT ARE NOT SUBMISSIONS (AS THAT TERM IS DEFINED BELOW), INCLUDING BUT NOT LIMITED TO THE DESIGN, STRUCTURE, SELECTION, COORDINATION, EXPRESSION, “LOOK AND FEEL” AND ARRANGEMENT OF SUCH CONTENT.
1. Acceptance of Terms
PLEASE READ THESE TERMS OF USE AND LULULEMON'S PRIVACY POLICY CAREFULLY. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, AND YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF INFORMATION AS DESCRIBED IN THESE TERMS OF USE AND OUR PRIVACY POLICY. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND OUR PRIVACY POLICY, YOU MUST DISCONTINUE ANY USE OF THE SITE.
LULULEMON MAY CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THE SITE OR BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHOULD CEASE USING THE SITE. CONTINUED USE OF THE SITE DESPITE SUCH MODIFICATION AND NOTICE, WILL BE TAKEN AS YOUR ACCEPTANCE TO THE CHANGE.
These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with lululemon or its affiliates for other products or services.
Our Privacy Policy explains how lululemon collects and uses your personal information, and is incorporated into these Terms of Use. For further information please refer to our PRIVACY POLICY.
Please make sure to check this page from time to time to take notice of any changes lululemon has made to these Terms of Use.
These Terms of Use were updated as of September 15, 2021
2. Use and Restrictions
This Site is intended for access and use by persons with legal capacity under applicable laws and is not intended for use by minors, or other individuals otherwise barred by law from such access and use.
The Site is provided solely as a convenience to you for non-commercial use. You may access and use the Site only in accordance with all applicable laws and regulations, and with these Terms of Use. You acknowledge and agree that, if you violate any applicable laws and regulations and these Terms of Use, lululemon, in its sole discretion and any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the Site. In such case, lululemon shall notify you of such facts prior to the action, or if prior notice is not possible due to the urgency, as practically early as possible.
You further agree that you will not:
Any unauthorized use of the Site will terminate the permission or license granted by these Terms of Use, will result in you being barred from use of the Site, and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
3. Copyright
The Content and Site as well as the selection and arrangement thereof, are the sole property of lululemon and/or its licensors and are protected by patent, copyright, trademark and other intellectual property laws and may not be used except in accordance with these Terms of Use or with lululemon's express written consent. Other than as necessary for your use of the Site in accordance with these Terms of Use, lululemon grants no other privileges or rights in the Content to you, and you must keep intact all patent, copyright, trademark and other proprietary notices on the Content. Any Content owned by lululemon's licensors may be subject to additional restrictions. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site, smart phone, tablet or other medium for publication or distribution or for any commercial enterprise, without lululemon’s express prior written consent.
If you print, copy or download any part of the Site in breach of these Terms of Use, your right to use the Site will cease immediately and you must, at lululemon’s option, return or destroy any copies of the materials you have made. You may print one copy, and may download extracts of any page(s) from the Site for your personal non-commercial purposes. You must not modify the paper or digital copies or any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. lululemon’s status (and that of any identified contributors) as the authors of material on the Site must always be acknowledged.
4. Trademark
All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Site are proprietary to lululemon or such Marks' respective owners. You may not display or reproduce the Marks other than with the prior written consent of lululemon, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws. For the avoidance of doubt, regardless of whether these have been applied for or registered in Australia as trademarks or any types of intellectual property rights, and regardless of whether these are specifically and statutorily protected under the applicable laws and regulations, to the maximum extent permitted and available by the applicable laws and regulations, the Marks and lululemon’s any rights and interest therein are protected and respected, and you shall not infringe the Marks and lululemon’s right and interest therein.
In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of lululemon or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of lululemon.
5. Copyright and Trademark Infringements
lululemon respects the intellectual property rights of others, and we ask you to do the same. lululemon may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site for users who infringe the intellectual property rights of others.
Please also note that for copyright infringements, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability, to the extent permitted by applicable laws.
6. Your Account
If you purchase products or services through your account using the Site, you must establish an account with lululemon. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Site that occur under your account or your account password.
You agree to immediately notify lululemon of any unauthorized use of your password or account or any other breach of security by contacting us using the contact details at the end of these Terms. To the extent permitted by applicable laws, we have the right to disable any account or password at any time, for any reason.
Please refer to our Privacy Policy for information about the circumstances in which we may lawfully collect, access and disclose personal information you provide to us, including where we are required to do so or otherwise where we may do so in order to protect the rights of lululemon or another party.
7. Electronic Communications
In accordance with applicable laws, and where you agree, we may send you electronic communications in the form of email and/or SMS at the email address and/or mobile number nominated by you. You may opt-out of receiving these communications at any time using the instructions set out in the communication. Please note that it may take up to 5 business days for your request to be processed. If you opt-out, you may still receive communications from lululemon about your account or any services you have asked to receive from lululemon. You acknowledge and agree that any electronic communication in the form of such email, SMS or posting on the Site shall satisfy any legal requirement that such communication be in writing.
You agree that lululemon may use and/or disclose information consistent with its Privacy Policy.
8. Submissions
You acknowledge that you are responsible for the information, profiles, goals, opinions, messages, comments, photos, videos, product or services feedback or ideas and any other content or material that you submit, upload, post or otherwise make available on or through the Site (each a "Submission") and through the services available in connection with the Site, and that you, and not lululemon, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark, copyright and other intellectual property ownership. By making a Submission you grant a License (as defined below) in that Submission to lululemon, and it is your responsibility to ensure you are able to lawfully provide such a License. You represent that the posting and use of your Submission on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; you agree to pay for all royalties, fees, and any other monies owed by reason of Submission you post; and you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
Unless otherwise explicitly stated herein or in the lululemon Privacy Policy, you agree that any Submission provided by you in connection with the Site is provided on a non-proprietary and non-confidential basis.
You agree that lululemon is free to use a Submission for the purpose of providing you and others with use of the Site and providing you with the associated products and services, and, unless the rights in such submission are assigned to lululemon under these Terms of Use, you grant lululemon a sub-licensable, transferable, perpetual, nonexclusive, worldwide, royalty-free license ("License") to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, edit, adapt, modify and prepare derivative works of the Submission.
In addition, to the extent any Submission contains your or any other person’s name, likeness, voice or biographical information ("Personal Rights"), you must comply with any applicable legislative requirements and hereby grant and will cause such other person to grant to lululemon and its related companies and affiliates a License to (in any media, whether now known or not currently known or invented) exploit or use such Personal Rights for any advertising or marketing of lululemon products and services (in any media, whether now known or not currently known or invented). Submissions shall be considered non-confidential and lululemon and its related companies and affiliates are under no obligation to treat such Submissions as proprietary information except pursuant to lululemon's Privacy Policy applicable to personally identifiable information. SUBJECT TO THE LICENSES GRANTED IN THESE TERMS OF USE, YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN YOUR SUBMISSIONS.
For the avoidance of doubt, to the maximum extent permitted by the applicable laws, you acknowledge and agree that, your and lululemon’s rights and obligations in respect of the Submission, the License and Personal Rights are subject to the laws of New South Wales, regardless of your residence or location, or where those are created or published.
You represent and warrant that: (i) you own all Submissions posted by you on or through the Site or otherwise have the right to grant the Licenses to lululemon set forth in this section, and (ii) your Submission is accurate and not misleading and (iii) the posting of your Submissions on or through the Site does not violate any applicable privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of any Submissions posted by you to or through the Site.
When submitting Submissions to or otherwise using the Site you agree that you will comply with these Terms of Use and without limitation, that you will not:
This list of prohibitions provides examples and is not complete or exclusive.
To the extent permitted by applicable laws, if you engage in any of the prohibited misconduct listed above, lululemon reserves the right in its sole discretion to (a) terminate your access to your account; (b) terminate your ability to post to the Site and (c) refuse, delete, modify, edit or remove any Submissions or for any action that lululemon determines is inappropriate or disruptive to this Site or to any other user of the Site. In such case, lululemon shall take reasonable steps to notify you of such facts prior to the action, or if prior notice is not possible due to the urgency, as practically early as possible.
In accordance with our Privacy Policy, lululemon may report to and cooperate with law enforcement authorities in relation to, any actions that may be illegal, and any reports it receives of such conduct.
lululemon takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter in those Submissions. As a provider of interactive services, lululemon is only a forum and, to the maximum extent permitted by applicable laws, is not liable for any statements, representations, or Submissions provided by its users in any public forum or personal home page.
The foregoing prohibitions do not require lululemon to monitor, police or remove any Submissions or other information submitted by you or any other user.
lululemon prohibits crawling, scraping, caching or otherwise accessing any content on the Site via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with lululemon's express consent).
It is lululemon's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. Accordingly, lululemon does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you agree that lululemon is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
9. Modifications
Any Content offered or posted on the Site is subject to modification or discontinuation at any time and from time to time. lululemon notifies you of such modification and discontinuation via its website or (if such modification and discontinuation materially influence you and/or your interest), via email/mobile messages.
Without limiting the foregoing, lululemon reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Site. Where we decide to impose fees for a product, service of Content you are currently using that we previously made available without charge, we will provide you with prior notice of the change. Continued use after notification will be taken as consent to the new fees.
10. Indemnification
To the extent permitted by applicable laws, you agree to defend, indemnify and hold harmless lululemon, its affiliates and their respective directors, officers, employees and agents against any losses, liabilities, claims, expenses (including attorney’s fees) as a result of (i) your Submission or your access to or use of the Site; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. This means that you will, to the maximum extent permitted by applicable laws, be responsible for any loss or damage that we suffer as a result of your breach of these Terms of Use.
11. Links to Third Party Websites
The Site may contain links to websites and other resources operated by third parties other than lululemon. Such links are provided solely as a convenience to you. lululemon does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Site does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
12. Linking to the Site
You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. The website from which you are linking must comply in all respects with these Terms of Use. We reserve the right to withdraw linking permission without notice at our sole discretion.
13. Viruses, Hacking and Other Offences
You must not misuse our Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Site, the server on which our site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial or service attack or distributed denial or service attack. We will report any such breach by you to the relevant law enforcements authorities and we will co-operate with those authorities. In the event of such a breach, your right to use our Site will cease immediately, and we will notify such fact to you prior to this suspension, or as practically early as possible.
You acknowledge and agree that we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
14. Warranties and Disclaimer
THE SITE, SUBMISSIONS AND ANY CONTENT PROVIDED VIA THE SITE INCLUDING LINKS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS , LULULEMON DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, SUBMISSIONS, THE CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, AND TO THE EXTENT PERMITTED BY APPLICABLE LAWS, LULULEMON DOES NOT REPRESENT OR WARRANT THAT THE SITE, SUBMISSIONS, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITE IS SECURE, ACCURATE, COMPLETE OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE AT ANY PARTICULAR STORE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF GUARANTEES, CONDITIONS, WARRANTIES OR TERMS IMPLIED OR IMPOSED BY ANY APPLICABLE LAW. AS A RESULT, IF YOU ARE IN AUSTRALIA NOT ALL OF THE ABOVE LIMITATIONS WILL NECESSARILY APPLY TO YOU. NOTHING IN THESE TERMS EXCLUDES, RESTRICTS OR MODIFIES ANY GUARANTEE, WARRANTY, TERM OR CONDITION, RIGHT OR REMEDY IMPLIED OR IMPOSED BY ANY APPLICABLE LAW WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED. IF A GUARANTEE, CONDITION, WARRANTY OR TERM IS IMPLIED OR IMPOSED IN RELATION TO THESE TERMS (A NON-EXCLUDABLE PROVISION) AND WE ARE ABLE TO LIMIT YOUR REMEDY FOR BREACH OF SUCH NON-EXCLUDABLE PROVISION, THEN OUR LIABILITY FOR A BREACH OF A NON-EXCLUDABLE PROVISION IS LIMITED TO ONE OR MORE OF THE FOLLOWING, AT OUR SOLE OPTION:
AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO LULULEMON THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.
Regardless of your residence, or place where goods or services are purchased, to the maximum extent permitted by the applicable laws, your legal rights related to those goods or services are governed by the laws of New South Wales.
WHILE LULULEMON TAKES REASONABLE STEPS TO ENSURE WHAT YOU SEE ON THE SITE IS ACCURATE, DESPITE THIS THE SITE MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT ALWAYS BE COMPLETE OR CURRENT. LULULEMON THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAWS, LULULEMON RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION.
15. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, LULULEMON AND ITS PARENT, RELATED COMPANIES, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE, UNLESS SUCH LOSS OR DAMAGES ARE CAUSED DIRECTLY BY LULULEMON’S FRAUD, RECKLESSNESS, GROSS NEGLIGENCE OR NEGLIGENCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
16. Governing Law
To the extent permitted by applicable laws, all litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with the Site must and will be venued exclusively in Victoria, Australia. These Terms of Use and the relationship between you and lululemon will be governed by the laws of Victoria. For the avoidance of doubt but subject to the aforesaid, regardless of your residence and place where you created your account, or any other matters, if you access and/or use the Australian website and engage in associated activities therein, Australian laws and regulations apply thereto and prevail laws and regulations in other jurisdictions.
17. Miscellaneous
If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only.
18. No Partnership
You agree that no joint venture, partnership, employment, or agency relationship exists between you and lululemon as a result of these Terms of Use, our Privacy Policy or any use of the Site. lululemon's performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use or our Privacy Policy is in derogation of lululemon's right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by lululemon with respect to such use.
19. Entire Agreement
These Terms of Use, Cookie Policy and our Privacy Policy constitute the entire agreement between you and lululemon with respect to the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and lululemon with respect to the Site.
Questions or Concerns
If you have any concerns about material which appears on the Site, please contact us by emailing us at: GEC@LULULEMON.CO.AU or by writing to us at:
GEC
lululemon
30 Rupert Street
Collingwood VIC 3066
Australia
Your Privacy: Overview
This privacy policy (this “Privacy Policy”) sets out the privacy policies and practices for lululemon athletica inc. and its subsidiaries and affiliates including lululemon athletica Australia Pty Ltd., lululemon athletica new zealand limited and lululemon HK limited (collectively “lululemon”) with respect to how lululemon collects personal information. It also describes how lululemon maintains, uses, and discloses personal information. This Privacy Policy applies to information collected from you by lululemon via this website and other websites operated or provided by lululemon, including www.lululemon.com, www.lululemon.ca, www.lululemon.com.au, www.lululemon.com.hk, www.lululemon.co.nz and various subdomains (collectively, the “Sites”); our retail stores (the “Stores”); our Guest Education Centre (the “GEC”); and our mobile applications, as well as any other applications or services that display this policy (collectively, the “Services”), and other places where or means by which we may collect personal information. This Privacy Policy also sets out how you can access certain information that lululemon may collect about you. In this Privacy Policy, “personal information” means information or opinion about an individual whose identity is apparent or can be reasonably ascertained from the information or opinion as further defined under applicable privacy laws, including, but not limited to, Your Contacts and other personal information collected through the Services.
Please note that the Sites may contain links to other third party websites that are not controlled or operated by lululemon, including Afterpay. This Privacy Policy does not apply to such third party websites, and lululemon is not responsible for the content of such third party websites or the privacy practices of such third parties. Therefore lululemon encourages you to request and review the privacy policies of any third parties before disclosing your personal information to such parties or when visiting such third party websites.
If you choose to purchase lululemon's products or services through the Afterpay service which is offered to you on our Sites, please be aware that lululemon is not responsible for the content of their websites or their privacy practices. You should review their PRIVACY POLICY and TERMS of use prior to disclosing any information to Afterpay or using the Afterpay service.
Consent
BY SUBMITTING PERSONAL INFORMATION TO LULULEMON OR ITS SERVICE PROVIDERS AND AGENTS, YOU AGREE THAT LULULEMON MAY COLLECT YOUR PERSONAL INFORMATION AND YOU CONSENT TO THE USE, DISCLOSURE AND TRANSFER OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY AND AS PERMITTED OR REQUIRED BY LAW. Subject to legal and contractual requirements, you may refuse or withdraw your consent to certain of the purposes identified herein at any time by contacting lululemon at the address provided below. If you refuse or withdraw your consent, you acknowledge that lululemon may not be able to provide you or continue to provide you with certain services or information which may be of value to you.
Revisions to This Privacy Policy
lululemon reserves the right, in lululemon’s discretion, to change, modify, add or remove portions of this Privacy Policy at any time and from time to time, without prior notice to you. However, lululemon will treat your continued use of the Sites and Services following such revision as your acceptance of the revised terms. All revisions will be posted to the Sites and will apply to any personal information collected on or after the date posted. lululemon will obtain the necessary consents required under applicable privacy laws if it seeks to collect, use or disclose your personal information for purposes other than those to which consent has been obtained unless otherwise required or permitted by law.
This Privacy Policy was last amended August 10, 2015.
Collection of Your Information
lululemon may collect personal information in connection with your use or purchase of lululemon’s products and services, including at the Stores or through your use of the GEC or the Sites or through your use of the Services, which may include information provided in connection with the following activities:
Registering or filling in forms on the Sites or in the Stores. This includes information you may provide when you request additional information about lululemon’s products and services or sign up to receive lululemon’s e-mail newsletters or coupons.
Downloading and using one of our mobile applications.
Completing a profile or uploading goals to the Sites.
Purchasing any product or service from lululemon, whether at a Store or through the GEC or the Sites.
Providing design or product feedback or making other submissions to lululemon.
Requesting information or assistance from lululemon. lululemon may also keep a copy of any communications or correspondence you may send to it, including any e-mail communications.
Participating or responding to consumer survey or requests for consumer’s opinions, concerns, and preferences regarding lululemon’s products and services.
Participating in consumer contests, sweepstakes and other promotions.
Using other features of the Sites or Services that may be offered from time to time, and may require such information in order to utilize the feature (including but not limited to making a Submission as defined in the Terms of Use).
The personal information that lululemon may collect may include your name, username, password, email address, age, date of birth, gender, address, telephone number, credit card and debit card numbers (with expiration dates), personal preferences, and any other personal information that you choose to include in your profile, your submissions of your goals to lululemon, or in other communications to lululemon. In addition, lululemon may collect additional information from users of our Services, such as our mobile applications as described in the “Mobile Applications” section below. You represent and warrant that you have the right and authority or have obtained all necessary consents to provide any information, including any personal information of another individual, that is provided by you to lululemon.
lululemon may also collect information that may not be personal information, which may include, but is not limited to, the frequency of user visits to the Sites and Services, the routes by which users access the Sites and Services and use of any hyperlinks available on the Sites and Services. lululemon or its service providers and agents may process and use this aggregate data for various purposes including, but not limited to, analysis of this data for trends and statistics, development of the Sites and Services and the Sites’ and Services’ features and offerings, assessing patterns of use, or planning and evaluating marketing initiatives. This information is gathered by certain tools and methods such as the collection of your IP address or the use of cookies and is maintained, used and disclosed in aggregate form unless otherwise noted.
Mobile Applications
lululemon may from time to time offer users the ability to download and use mobile applications. By downloading and/or using these mobile applications, you agree to any applicable Terms of Use, which shall be provided to you when you download the mobile applications and which shall be available at any time during your use of such mobile applications, as well as to this Privacy Policy. You may be required to provide personal information in order to use the mobile application, including your first name, last name, email and password. You will have the option of providing other personal information in connection with your use of the mobile application, such as your picture, your physical location, your birthdate and your gender.
If you have provided permission through your device to allow us to collect location information, lululemon may obtain pinpointed physical location information from technologies like GPS, Wi-Fi, or cell tower proximity. You are able to withdraw your permission for lululemon to acquire pinpointed location information from your device through your device settings, although lululemon does not control this process. The mobile application may use the geo-location features of that application (GPS or network-based) to support your use of location-based tools such as locating classes, teachers and studios near you.
Some of our mobile applications allow you to connect with Facebook and import your Facebook information, such as your friends’ names, as well as your device contact list (collectively, “Your Contacts”) into the application for the purpose of allowing you to invite such persons to download the application or to invite them to participate in certain activities, such as a yoga class. If you agree to connect our mobile applications with Facebook and to share information and Your Contacts, you grant lululemon permission to access and use such information for such purposes provided in this paragraph of the Privacy Policy. You further represent and warrant that you have the right to share and transfer Your Contacts with lululemon and that lululemon’s use of Your Contacts for the purpose provided in this paragraph does not violate the rights of any third party. Please note that lululemon does not, in any way, control the information that Facebook collects from you.
You will have the option to opt-out partially or completely from any of our mobile applications or withdraw any permission granted to lululemon, and in any such case, lululemon will destroy and permanently de-identify personal information it holds and has collected from your use of such mobile applications.
Cookies
Like many websites, lululemon utilizes “cookies” to maintain a record of your visit to the Sites and your use of the Services. A cookie is a small text file that is transferred by a web server and stored on the hard drive of your computer or mobile device. It can only be read by the server that sent it to you. This information does not identify you personally and you remain anonymous unless you have otherwise provided lululemon with personal information.
Cookies help lululemon to improve the Sites and Services, and to deliver more personalized service by enabling lululemon to estimate audience size and usage patterns; to store information about your preferences; to speed up your searches and to recognize you when you return to the Sites or use the Services.
Most web browsers automatically accept cookies. If you would prefer to prevent your computer from accepting lululemon’s cookies, you may follow your Internet browser’s steps for doing so. Please note, however, that if you do disable cookies from your browser, you may not be able to access certain sections of the Sites or the Services.
IP Addresses
An IP address is a computer's numeric address, by which it can be located within a network. lululemon may record your IP address when you visit or use services or features on the Sites. lululemon may use your IP address for the purposes noted above, and also to help diagnose problems with lululemon’s server, or to administer the Sites. lululemon may also use your IP address to identify you when lululemon feels it is necessary to enforce compliance with this Privacy Policy or the Terms of Use, or to protect the Sites, Services, systems, information, employees, service providers, business partners, users, customers and others.
Third Party Analytics and Tracking
lululemon uses automated devices and applications provided by third parties, such as Google Analytics (including Google Analytics’ Demographics and Interest Report) Adobe Analytics, Adobe Target and Bazaarvoice, to evaluate usage of our Sites and Services. We also may use other analytic means to evaluate our Services. We use these tools to help us improve our Services, performance, and user experiences. These entities may use cookies and other tracking technologies which collect information to perform their services. We do not share personal information that we collect directly with these third parties. However, these third parties may collect personal information directly through the use of cookies and other tracking technologies. For an explanation of the information collected by these third parties and their respectiveprivacy policies, please go to the Bazaarvoice Privacy Policy and the Google Analytics privacy policy. Those wishing to opt out of Google Analytics data collection should use the Google Analytics Opt-out Browser Add-on. Those wishing to opt out Adobe Analytics and Adobe Target should use Adobe's opt-out tool.
Please note that these third parties use cookies — text files that are stored on your computer and that enable an analysis of your use of the Sites. You can prevent the collection of data concerning your use of the Sites (including your IP address), which are generated by the cookie, and the processing of that data by Google by downloading and installing the browser plug-in that is available under the following link: download and install the browser plug-in. To delete, disable and opt-out of cookies used by Bazaarvoice, please go to the opt-out section of the Bazaarvoice Privacy Policy.
lululemon collects transactional information and browse behavior on our website. lululemon may use such information to offer you recommendations for products and services that are relevant to your interests. lululemon uses the services of trusted third parties to offer you meaningful recommendations during the online experience. lululemon shares IP address, unique ID number, and shop and browse behavior with the third party service provider on an aggregate basis but does not share personal information for these purposes.
lululemon also works with trusted third parties that use tracking technologies to serve advertisements on our behalf across the Internet. These companies may use cookies and tracking pixels to collect non-personally identifiable information such as items viewed, items added to your shopping cart and items purchased during your visits to our website in order to help show advertisements on other websites likely to be of interest to you. If you would like more information about this practice or to opt-out of this use of your anonymous information, please visit http://www.networkadvertising.org.
Protection of Your Information
To prevent unauthorized access or disclosure, maintain data accuracy and facilitate the appropriate use of information, lululemon uses physical, technological and administrative procedures to protect the personal information that lululemon collects from loss, unauthorized access, modification, disclosure or other misuse.
Nevertheless, Internet or wireless transmissions are never completely private or secure. You understand that any messages or information you send to the Sites or through the Services may be read or intercepted by others. If you have any questions about the security of personal information collected by lululemon, please contact: privacyofficer@lululemon.com.
You should also be aware that certain aspects of the Sites and Services are not confidential and are available for public viewing. For example, other users of the Sites and Services will be able to view your profile and goals that are publically available. Any submissions that you may post to any publicly available blogs or other publicly available features of the Sites and Services are not confidential and may be viewed by other users of the Sites and Services. By making personal information publicly available where the Sites and Services allow you to do so, you consent to such publication by lululemon or its service providers and agents. Please refer to the Terms of Use for additional provisions relating to user submissions that may apply to you.
Use of Your Personal information
Upon lululemon’s collection of your personal information, lululemon may use such personal information internally, separately or in combination with pre-existing information, for the following purposes:
To develop, enhance, market, sell or otherwise provide information, products or services;
To establish and conduct commercial relationships, including to process purchases or other transactions and to conduct or administer other transactions that you may engage in with lululemon including at the Stores, on or through the Sites or through the GEC or through the Services;
To conduct or administer contests, sweepstakes or other promotions in which you have participated;
To contact you and to respond to any communications that you may have had with us;
To troubleshoot problems with the Sites and Services;
To customize your experience or homepage on the Sites;
To develop and manage lululemon's business and operations;
To enforce lululemon’s Terms of Use or comply with this Privacy Policy;
To detect and protect lululemon and other third parties against error, negligence, breach of contract, fraud, theft and other illegal activity, and to audit compliance with lululemon’s policies and contractual obligations;
To engage in business transactions, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving lululemon;
As permitted by, and to comply with, any legal or regulatory requirements or provisions;
To access, preserve, disclose and use your personal information contained in your account, all Submissions (as defined in the Terms of Use), all communications to and from you, all information relating to your use of the Sites, if lululemon is required to do so by law or legal process or if lululemon determines, in its sole discretion, that such action is necessary to protect the rights of lululemon, third parties, and other users of the Sites or for purposes of responding to your request for customer service; or
For any other purpose to which you consent.
Personal information collected by lululemon may be transferred to, stored and processed in the United States, Canada, Hong Kong or Australia. While in another jurisdiction for processing, the information may be accessed by the courts, law enforcement, and national security authorities of that jurisdiction.
Disclosure of Your Information
lululemon may disclose your personal information to its subsidiaries or affiliates and to third parties whom lululemon hires to provide services on lululemon’s behalf, including, but not limited to, support services, website services, delivering promotional materials, contests, sweepstakes and other promotions, and answering customer questions about lululemon’s products and services. These subsidiaries, affiliates and third parties may be located overseas and your information may be transferred outside of Australia. lululemon will only provide those third parties with the personal information that they need to deliver the services to lululemon and/or on lululemon’s behalf. Lululemon will not disclose your personal information to third parties for their direct marketing purposes without obtaining prior affirmative consent. In the event that lululemon is involved in a business transaction, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving lululemon, you consent to your personal information and any other information lululemon may have collected being transferred to another party in connection with such transaction. You also consent to lululemon disclosing your personal information to legal, financial, insurance, or other advisors in connection with such business transaction or management of all or part of lululemon’s business or operations; as consented to by you from time to time, including to fulfill any other purposes that are identified when the personal information is collected; or as otherwise permitted or required by law.
Retention of Your Personal information
The personal information that you provide will be retained by lululemon in accordance with applicable laws. However, lululemon will take reasonable steps to destroy or permanently de-identify personal information it holds if it is no longer needed for lululemon business purposes.
Children's Privacy
lululemon does not collect your personal information unless you choose to provide it. If, at any time, you prefer not to receive further email communications from lululemon (except in connection with information, products or services that you specifically request), you will have the ability to unsubscribe from such communications by means of a link provided in every broadcast e-mail that is sent to you by lululemon. If, at any time, you prefer not to receive any other form of communication from lululemon, you will have the ability to unsubscribe from such communications by contacting us by email.
Choice and Opt-Out Preferences
lululemon does not collect your personal information unless you choose to provide it. If, at any time, you prefer not to receive further email communications from lululemon (except in connection with information, products or services that you specifically request), you will have the ability to unsubscribe from such communications by means of a link provided in every broadcast e-mail that is sent to you by lululemon. If, at any time, you prefer not to receive any other form of communication from lululemon, you will have the ability to unsubscribe from such communications by contacting us by email.
Access and Correction
lululemon will take reasonable steps to ensure the personal information it holds is accurate, complete and up to date. Upon your written request, subject to certain exceptions provided by law, lululemon will inform you of the existence, use and disclosure of your personal information and give you access to that information. Additionally, if you have any questions or enquiries relating to our privacy practices or procedures, or if you believe that the personal information that lululemon holds about you is not accurate, complete or up to date you may write to the Privacy Officer at the address provided below. If you are able to establish that the information is not accurate, complete or up to date, lululemon will take reasonable steps to correct the information so that it is accurate, complete and up to date.
Request for Access and Correction, Questions or Comments
lululemon welcomes questions and comments about this Privacy Policy. Requests for access and correction of your personal information, and questions or comments should be directed to the lululemon Privacy Officer at:
lululemon athletica
Attention: Privacy Officer
1818 Cornwall Avenue
Vancouver, BC
V6J 1C7
Canada
Email: privacyofficer@lululemon.com
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