Terms of Use
PLEASE READ THESE TERMS OF USE (ALSO REFERRED TO HEREIN AS "AGREEMENT") CAREFULLY BEFORE USING THE ARITZIA WEBSITE, OR ARITZIA ARCHIVE SALE SUB-DOMAIN OR THE ARITZIA MOBILE APPLICATION (THE “ARITZIA APP”). These terms of use are a binding contract that governs use of the Services (as defined below), limits liability of Aritzia and other persons, specifies the jurisdiction for resolution of disputes, and contains other important provisions.
Each time you access or use the Services you acknowledge and agree that you have read, understood, and agree to be bound by the most current version of these Terms of Use. If you do not agree with these Terms of Use, you may not access or use the Services.
1. Your Acceptance of these Terms of Use
These Terms of Use are a legal agreement between you and Aritzia LP ("Aritzia") regarding your access to and use of the Services, which includes the Aritzia website located at www.aritzia.com, including its sub-domain archivesale.aritzia.com (collectively, the “Aritzia Website”), the Aritzia App, and all content, functionality, features, information, products, and services available on or through the Aritzia Website or the Aritzia App (collectively, the "Services"). The Services are the property of Aritzia and its licensors.
Each time you access or use the Aritzia Services, you acknowledge and agree that you have read, understood, and agree to be bound by the most current version of these Terms of Use. If you do not agree with these Terms of Use, you may not access or use any aspect of the Services.
These Terms of Use are in addition to any other agreement you may have with Aritzia, including an agreement for your purchase of Aritzia products or services.
2. Changes to these Terms of Use
Aritzia may in its discretion change these Terms of Use at any time, without any prior notice to you, by posting the changed Terms of Use on the Services. The changed Terms of Use are effective immediately upon posting. It is your responsibility to check the "Last Updated" date at the top of these Terms of Use and review any changes since the last version. By using the Services after these Terms of Use have been changed, you agree to the changed Terms of Use. You may not change, supplement or amend these Terms of Use in any manner.
3. Permissible Users
The Services may be used only by natural persons resident in Canada. For natural persons resident in the United States, please visit our United States website, Aritzia and Aritzia Archive Sale. For natural persons resident outside of Canada and the United States, please visit our International website. Please note, there is no international website available for Aritzia Archive Sale and there is no international version of the Aritzia App available at this time.
You may not use the Services if you are under the age of majority in the jurisdiction in which you live (which in most jurisdictions is either 18 or 19 years of age) or if you cannot form legally binding contracts under applicable law. If you are under the age of majority, then your parent or legal guardian may use the Services on your behalf.
You may not use the Services if you breach these Terms of Use, if your permission to use the Services has been suspended or terminated by Aritzia, or if these Terms of Use as they apply to you have been terminated.
4. Permissible Use
The Services is made available to you for your lawful, personal or household, non-commercial use only. You may use the Services only for the purposes and in the manner permitted by the Services and subject to these Terms of Use and all applicable laws. Using the Services for any other purpose or in any other manner is strictly prohibited.
The Services and all content contained therein may not be copied, reproduced (except for printing in accordance with this section), imitated, republished, translated, uploaded, posted, publicly displayed, transmitted, modified, indexed, catalogued, mirrored, or distributed in any way, in whole or in part, for any purpose whatsoever, without the express prior written consent of Aritzia.
You may print pages of the Aritzia Website or Aritzia App for your personal, non-commercial informational purposes only, provided that you do not modify any of the pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices or disclaimers. You may not use any of the software or services that are used by Aritzia in the operation or provision of the Services except while you are using the Services in accordance with these Terms of Use.
5. Other Terms and Conditions
Additional terms and conditions and policies (collectively, the "Other Terms and Conditions") apply to purchases of products and services through the Services and to specific portions, features or services (such as contests and other promotions) of or offered through the Services.
Without limiting the generality of the foregoing, the following are links to certain Other Terms and Conditions:
For Shipping & Delivery Terms:
For Payment & Security Terms:
For Return & Exchange Terms:
For Gift Card Terms:
For Special Orders:
For Aritzia Archive Sale Promotion Details:
Aritzia may in its discretion change the Other Terms and Conditions at any time, without any prior notice to you, by posting changed Other Terms and Conditions on the Services. The changed Other Terms and Conditions are effective immediately upon posting. It is your responsibility to check the "Last Updated" date at the top of these Terms of Use and review any changes since the last version.
The Other Terms and Conditions are incorporated into and form part of these Terms of Use by this reference. If there is a conflict or inconsistency between any Other Terms and Conditions and these Terms of Use, the Other Terms and Conditions will govern regarding the specific purchase, portion, feature or service to which they apply to the extent necessary to resolve such conflict or inconsistency.
6. Ownership of Services and Content
The Services and all content contained therein (including all text, graphics, interfaces, images, video, sounds, music, artwork, designs, computer code, data, and other elements available on or through the Services, and the design, structure, selection, arrangement, and look and feel of those items, and the Services as a whole) are owned solely by Aritzia and its licensors, and are protected by Canadian and international copyright, trademark, and other laws. Your use of the Services does not transfer to you any right, title or interest (including any intellectual property rights) in, to or associated with the Services or its content therein.
7. Your Information
You will ensure that all information you provide to Aritzia, through the Services or otherwise, including account information (including your legal name, residential address, e-mail address), payment information (including your credit card numbers and their expiration dates), and transaction-related information, is true, accurate, current, and complete. Aritzia will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage and additional costs that you, Aritzia or any other person may incur as a result of your submission of any false, incorrect, or incomplete information or your failure to promptly update your account information and payment information if they change.
8. Communications
a. By You
You authorize Aritzia to: (a) accept communications it receives from you by means of the Services as if those communications had been given directly by you in writing and signed by you; and (b) respond to your communications through the Services, by e-mail or other means of communication.
Communications you send to Aritzia are not effective unless and until they are processed by the responsible Aritzia representative. Aritzia may refuse to process any communications sent to Aritzia, or may reverse the processing of any communications sent to Aritzia, at any time in Aritzia's discretion, and without any notice or liability to you or any other person, including if Aritzia believes the communication to be fraudulent or unlawful or defective, inaccurate or incomplete due to a technical malfunction.
b. Text Messaging Terms
By providing your phone number to receive texts, you consent to receive from or on behalf of Aritzia marketing and promotional text messages about Aritzia's products and services and other items of interest sent to the phone number you provided. You may withdraw consent at any time. Message frequency will vary. Message and data rates may apply.
You may discontinue the receipt of these text messages at any time by texting STOP to the short code or telephone number from which text messages are being sent or click the link provided in the text message to manage your preferences. We may send you a text message to confirm that you have been unsubscribed. For additional help, text HELP to the short code or telephone number from which text messages are being sent, or contact Aritzia's Concierge at 1-855-ARITZIA (274-8942) or [email protected]. Aritzia and carriers are not liable for delayed or undelivered messages. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Please see our Privacy Policy below.
9. Personal Information Privacy
Aritzia collects personal information and non-personal information from users of the Services. Aritzia's Privacy Policy is available below. Nothing in the Privacy Policy below constitutes an express or implied representation, warranty, covenant or other contractual obligation of Aritzia and you hereby waive any right to make such a claim against Aritzia. This Agreement, including, in particular, sections 17 and 21, applies to all processing of your personal information by Aritzia.
10. Misprints and Errors, Product Availability and Prices
Aritzia endeavours to provide current and accurate information on the Services, but misprints, errors, inaccuracies, omissions (including incorrect specifications for products), or other errors may sometimes occur. Aritzia cannot guarantee that products and services advertised on the Services will be available when ordered or thereafter, and does not warrant that the content of the Services (including product descriptions, photographs, and colours) is accurate or complete. Please note that your monitor or mobile device might not accurately display product colours.
Aritzia reserves the right to: (a) correct any error, inaccuracy, or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Services, the prices, fees, charges, and specifications of those products and services, any promotional offers and any other content without any notice or liability to you or any other person; (c) cancel, terminate or not process or otherwise refuse any order you place (including accepted orders) where the price or other material information on the Services is inaccurate; and (d) limit quantities available for sale or sold. All prices and other amounts appearing on the Services are quoted in Canadian dollars.
11. Intellectual Property
ARITZIA, TEN ARITZIA, GOLDEN ARITZIA, TNA, BABATON, WILFRED, WILFRED FREE, LITTLE MOON, DENIM FORUM, SUNDAY BEST, THE SUPER PUFF and related logos are registered or unregistered trademarks, service marks, and trade names owned or licensed by Aritzia and its affiliates. Other product and company names and logos appearing on the Services may be registered or unregistered trademarks, service marks or trade names of their respective owners. Any use of the trademarks, service marks, trade names, logos or other commercial symbols displayed on the Services is strictly prohibited, and nothing appearing on the Services will be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of those trademarks, service marks, trade names, logos or other commercial symbols.
The Services may incorporate copyrighted materials, including open-source software, to make the Services functional to you. In such cases, the relevant copyright holder continues to own and control how such software is further distributed. If you would like a complete list of any applicable open-source software, you may contact Aritzia.
12. Accounts and Codes
To access and use certain features and services of the Services you must have a valid Services account and use a valid user name and password (collectively "Codes") accepted by Aritzia. Accounts and Codes are personal, and may not be shared.
You are fully responsible and liable for maintaining the confidentiality of your account information and Codes and for any and all use and misuse of your account and Codes (including all transactions using your account or Codes) and for all resulting loss and damage. You may not disclose your Codes to any other person or permit any other person to use your account or Codes. You will immediately notify Aritzia's Concierge by telephone 1-855-ARITZIA (274-8942) or e-mail to [email protected] if you discover any unauthorized use of your account or you know or suspect that your Codes have been lost or stolen or become known to or used by any other person. Aritzia will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Aritzia is not under any obligation to verify the actual identity or authority of any person using your account or Codes. Aritzia may act upon any communication that is given through your account or by using your Codes.
Codes do not restrict access by Aritzia to password-protected information. Codes may not prevent unauthorized access to data or other information. Aritzia may in its discretion cancel or suspend your account or change your Codes at any time without any notice or liability to you or any other person.
Aritzia may in its discretion at any time require proof of the identity of any person seeking to access and use the Services, and may deny access to and use of the Services or parts of it or refuse to accept or act upon any communication if Aritzia is not satisfied with the proof.
13. Feedback/Submissions
You agree that you will not submit to Aritzia any information or ideas that you consider to be confidential or proprietary. Any feedback or unsolicited ideas, suggestions, or other materials (including ideas for new advertising or marketing campaigns, or promotions, new or improved products or services, or new product names or branding) that you send to Aritzia (collectively "Submissions") are deemed to be non-confidential, you automatically grant to Aritzia and its successors, assigns, and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sublicensable right and license to use and exploit the Submissions or any ideas, concepts, know-how, or techniques associated with the Submissions in any manner and for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any compensation or attribution to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties, and you automatically irrevocably waive in favour of Aritzia and its successors, assigns, and licensees any and all author’s and moral rights in and to the Submissions.
14. Linked Sites
For your convenience, the Services may provide links or references to other Internet sites or resources and businesses operated by other persons (collectively "Linked Sites"). Linked Sites are independent from Aritzia, and Aritzia does not endorse, and has no responsibility or liability for or control over, Linked Sites or their business, goods, services, or content. Your use of Linked Sites and your dealings with the owners or operators of Linked Sites is at your own risk, and you will not make any claim against Aritzia arising from, connected with, or relating to your use of Linked Sites or your dealings with the owners or operators of Linked Sites.
15. Prohibited Activities
Deep links to the Services without the express written permission of Aritzia are strictly prohibited. Aritzia may in its discretion cancel and revoke any permission it may give to link to the Services at any time and without any notice or liability.
Framing, mirroring, scraping or data-mining the Services or any content in any form and by any means (including robots, spiders, or other automatic devices, programs or methodologies) is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Services or to post comments, communications or any other data of any kind to or on the Services with the intention that the posting may be viewed by other users of the Services.
You may not attempt to circumvent the ordinary navigational structure or presentation of the Services or content, or attempt to access or obtain any content contained therein or other data by any means that is not purposely made available to you by the Services.
You may not attempt to gain unauthorized access to any part of the Services or any content contained therein, or any related system, network, service or data, by hacking, password mining or any other means. You may not attempt to test or tamper with the security of the Services or attempt to interfere with the proper working of the Services, any transaction being conducted through the Services, or any other person's use of the Services.
You may not upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data.
You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services. You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services. You shall not access the Services in order to build a similar or competitive service. Any future release, update, or other addition to functionality of the Services shall be subject to the terms of this Agreement (as amended from time to time).
16. Disclaimers
THE SERVICES, AND THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE SERVICES, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES OF OR RELATING TO ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, LACK OF VIRUSES OR OTHER DISABLING OR HARMFUL CODE, PERFORMANCE, QUALITY, RESULTS, SUITABILITY, SECURITY, TIMELINESS, TITLE, QUIET ENJOYMENT, UNINTERRUPTED SERVICE, OR WORKMANLIKE EFFORT, ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY ARITZIA TO THE FULLEST EXTENT PERMITTED BY LAW. FOR CONSUMERS RESIDING IN THE PROVINCE OF QUEBEC, NOTWITHSTANDING THE FOREGOING, GOODS FORMING THE OBJECT OF A CONTRACT SHALL BE FIT FOR THE PURPOSES FOR WHICH THE GOODS OF THAT KIND ARE ORDINARILY USED AND SHALL BE DURABLE IN NORMAL USE FOR A REASONABLE LENGTH OF TIME, HAVING REGARD TO THEIR PRICE, THE TERMS OF THE CONTRACT AND THE CONDITIONS OF THEIR USE. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR THE SELECTION AND USE OF THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE SERVICES TO ACHIEVE YOUR INTENDED RESULTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARITZIA DOES NOT PROMISE THAT THE SERVICES, OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE SERVICES, WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICES, OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE SERVICES, WILL PRODUCE SPECIFIC RESULTS. YOU USE THE SERVICES, AND THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE SERVICES, AT YOUR OWN RISK. EXCEPT AS SET FORTH IN THE RETURN & EXCHANGE TERMS, IF YOU ARE DISSATISFIED WITH THE SERVICES, OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE SERVICES, YOUR SOLE REMEDY IS TO CEASE USING THE SERVICES, AND THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR OBTAINING, PROVISIONING, CONFIGURING, MAINTAINING, PAYING FOR, AND PROTECTING FROM LOSS AND DAMAGE, ALL EQUIPMENT, SOFTWARE AND SERVICES (AND ALL DATA CONTAINED THEREIN) NECESSARY FOR YOUR USE OF THE SERVICES.
17. Liability Exclusions
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL ARITZIA GROUP (AS DEFINED BELOW) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS (INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF DATA OR INFORMATION, LOSS OF USE, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF PRODUCTIVITY, OR ANY OTHER COMMERCIAL DAMAGE OR LOSS) ARISING FROM, CONNECTED WITH, OR RELATING TO THE SERVICES OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE SERVICES; AND (B) IF NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISIONS OF THESE TERMS OF USE ARITZIA GROUP IS LIABLE TO YOU OR ANY OTHER PERSON, THEN IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL ARITZIA GROUP'S TOTAL AGGREGATE LIABILITY ARISING FROM, CONNECTED WITH, OR RELATING TO THE SERVICES OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE SERVICES, EXCEED CAD$100. THE FOREGOING LIABILITY EXCLUSION AND LIMITATION APPLY TO LIABILITY UNDER ANY THEORY OF LAW (INCLUDING CONTRACT, TORT, STATUTE AND STRICT LIABILITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY ARITZIA OR ANY PERSON FOR WHOM ARITZIA IS RESPONSIBLE, EVEN IF OTHER REMEDIES ARE NOT AVAILABLE OR DO NOT ADEQUATELY COMPENSATE YOU OR ANY OTHER PERSON FOR THE LOSS AND DAMAGE, OR ARITZIA KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE POTENTIAL LOSS OR DAMAGE BEING INCURRED.
THE DISCLAIMER OF CERTAIN WARRANTIES AND CONDITIONS AND THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED BY LAW IN SOME JURISDICTIONS, AND SO THE FOREGOING DISCLAIMERS AND LIABILITY EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE A CONSUMER RESIDING IN A PROVINCE WHERE SUCH DISCLAIMERS AND LIABILITY EXCLUSIONS ARE PROHIBITED OR RESTRICTED, INCLUDING IN THE PROVINCE OF ONTARIO AND QUEBEC, THE FOREGOING LIABILITY EXCLUSION AND LIMITATION DOES NOT LIBERATE ARITZIA GROUP FROM THE CONSEQUENCES OF ITS OWN ACTS OR THOSE OF ITS REPRESENTATIVES.
18. Indemnity
YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS ARITZIA GROUP FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, COSTS, EXPENSES, CLAIMS, COMPLAINTS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, LIABILITIES AND OBLIGATIONS (INCLUDING DAMAGES, EXPENSES, AND COSTS), SETTLEMENT PAYMENTS, AND LEGAL FEES AND EXPENSES (COLLECTIVELY, "CLAIMS/PROCEEDINGS/LIABILITIES") DIRECTLY OR INDIRECTLY ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OF THE SERVICES OR YOUR NEGLIGENCE, MISCONDUCT, OR BREACH OF THESE TERMS OF USE. YOU WILL NOT ENTER INTO ANY SETTLEMENT OR OTHER AGREEMENT ON BEHALF OF ARITZIA GROUP, OR WHICH AFFECTS THE RIGHTS OR INTERESTS OF ARITZIA GROUP, WITHOUT ARITZIA'S EXPRESS PRIOR WRITTEN CONSENT, WHICH CONSENT MAY BE WITHHELD IN ARITZIA'S DISCRETION. NOTWITHSTANDING THE FOREGOING, ARITZIA GROUP RETAINS THE RIGHT TO PARTICIPATE IN THE DEFENSE OF AND SETTLEMENT NEGOTIATIONS RELATING TO ANY CLAIMS/PROCEEDINGS/LIABILITIES WITH COUNSEL OF THEIR OWN SELECTION AT THEIR SOLE COST AND EXPENSE.
IN THESE TERMS OF USE, "ARITZIA GROUP" MEANS ARITZIA AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, DISTRIBUTORS, AND REPRESENTATIVES, JOINTLY AND SEVERALLY.
19. Changes/Termination
Notwithstanding any other provision of these Terms of Use, Aritzia may in its discretion change, discontinue, modify, restrict, suspend, or terminate the Services or any of its content at any time without any notice or liability to you or any other person.
Aritzia may in its discretion and for its convenience at any time immediately suspend or terminate your permission to access and use the Services without any notice or liability to you or any other person. If you are a consumer residing in the province of Quebec, you will be provided with notice of the grounds for which your permission to access and use the Services has been suspended or terminated.
These Terms of Use as they apply to you are effective unless and until terminated. You may terminate these Terms of Use by permanently ceasing to use the Services and giving written notice of termination to Aritzia's Concierge. Aritzia may terminate these Terms of Use at any time either by giving a notice of termination to you or by denying you access to the Services. The obligations and liabilities you incur prior to termination of these Terms of Use will survive termination. Sections 6, 7, 8, 9, 11, 13, 15, 16, 17, 18, 20, 21 and 22 of these Terms of Use will survive termination and continue to apply and be binding upon you and Aritzia.
20. Governing Law
Except where prohibited by law, these Terms of Use and all related matters are and will be governed by, and construed and interpreted solely in accordance with, the laws of the Province of British Columbia, Canada or, for consumers residing in the Province of Quebec, the laws of the Province of Quebec, Canada and, in either case, applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of the laws of any other jurisdiction and excluding any law that implements the United Nations Convention on Contracts for the International Sale of Goods.
21. Dispute Resolution
IF YOU ARE A RESIDENT OF BRITISH COLUMBIA, ONTARIO, QUEBEC AND NEW BRUNSWICK 21(A) AND (E) DOES NOT FORM PART OF THESE TERMS OF USE AND ARE NOT APPLICABLE TO YOU.
(a) Arbitration: Except as expressly set forth in this section 21 and subject to section 21(c) and applicable law, all disputes, controversies and claims arising under, out of, in connection with, or in relation to these Terms of Use, the Services or any related matters (collectively "Disputes" and each a "Dispute") will be referred to and finally resolved by binding arbitration administered by the ADR Institute of Canada (the “ADRIC”) in accordance with its rules and these Terms of Use. There will be a single arbitrator, and the arbitration will be private and confidential. The arbitration will be conducted in, and the seat of the arbitration will be, the province in which you reside and the language used in the arbitration will be the English language. Any award rendered in an arbitration is final and binding and judgment on the award may be entered in any court having jurisdiction for its enforcement. Notwithstanding the foregoing, if the total amount of the award sought in an arbitration (not including legal fees and costs) is CDN$10,000 or less, then the arbitration will be subject to the ADRIC Expedited/Simplified Arbitration Procedure and, unless you and Aritzia expressly agree in writing otherwise: (i) the arbitration will be conducted solely based upon written evidence (declarations or affidavits) and written arguments submitted by or on behalf of each of you and Aritzia; and (ii) there will be not be any in-person hearing (including any hearing by teleconference, videoconference or web conference) of the parties, witnesses or legal counsel. Notwithstanding the foregoing, this section 21(a) does not apply to a Dispute based upon infringement, misappropriation or violation of intellectual property rights (including copyright and trademarks).
(b) Court Litigation: If and to the extent, and for any reason, that a Dispute is not subject to arbitration as set forth in section 21(a), then subject to section 21(c) and applicable law, the Dispute will be resolved before the Supreme Court of British Columbia sitting in the City of Vancouver (unless you are a consumer residing in a province that restricts or prohibits the application of this provision, which includes the province of Quebec, in which case the Dispute will be resolved before the competent courts of your place of residence to the extent required under appliable law), and you and Aritzia each hereby irrevocably submit and attorn to the original and exclusive jurisdiction of that court in respect of all of those Disputes, except that Aritzia may commence litigation against you in the competent courts of any other jurisdiction seeking injunctive relief (or similar urgent legal remedies) to avoid irreparable harm or to preserve the status quo or to enforce these Terms of Use.
If, and to the extent, a dispute is not subject to arbitration as set forth in Section 21(a) and subject to Section 21(c), and the amount in dispute is less than $35,000 (exclusive of interest and costs), the dispute will be resolved before the Provincial Court of British Columbia (Small Claims Division) (unless you are a consumer residing in a province that restricts or prohibits the application of this provision, which includes the province of Quebec, in which case the Dispute will be resolved before competent jurisdiction courts of your place of residence to the extent required under appliable law), and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of that court in respect of all such disputes, except that Aritzia may commence litigation against you in the competent courts of any other jurisdiction seeking injunctive relief (or similar urgent legal remedies) to avoid irreparable harm or to preserve the status quo or to enforce these Terms of Use.
(c) Informal Dispute Resolution: Before you commence arbitration or litigation regarding a Dispute: (i) you must give notice of the Dispute to Aritzia's Concierge representatives at [email protected] or 1-855-ARITZIA (274-8942) and allow Aritzia at least 30 days to investigate and attempt to resolve the Dispute; and (ii) upon request by Aritzia during the 30 day period you will participate in good faith discussions regarding the Dispute with a view to resolving the dispute in a reasonable manner.
(d) Temporary/Injunctive Relief: Notwithstanding that a Dispute is subject to arbitration under section 21(a): (i) you or Aritzia may commence litigation in the Supreme Court of British Columbia sitting in the City of Vancouver seeking injunctive relief (or similar urgent legal remedies) to avoid irreparable harm or to preserve the status quo, and you and Aritzia each hereby irrevocably submit and attorn to the non-exclusive jurisdiction of that court in respect of those matters; and (ii) Aritzia may commence litigation against you in the competent courts of any other jurisdiction seeking injunctive relief (or similar urgent legal remedies) to avoid irreparable harm or to preserve the status quo or to enforce these Terms of Use.
(e) NO JURY OR CLASS PROCEEDINGS: YOU AND ARITZIA EACH IRREVOCABLY WAIVE ALL RIGHTS TO TRIAL BY JURY OR, SUBJECT TO APPLICABLE LAW, TO COMMENCE OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ARBITRATION OR LITIGATION. ANY ARBITRATION OR COURT LITIGATION REGARDING DISPUTES WILL BE BROUGHT BY YOU OR ARITZIA IN AN INDIVIDUAL CAPACITY, AND NOT AS PLAINTIFF OR CLASS MEMBER IN A CLASS OR REPRESENTATIVE PROCEEDING. THE WAIVER OF THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE PROCEEDING IS PROHIBITED BY LAW IN SOME JURISDICTIONS (INCLUDING THE PROVINCE OF QUEBEC), AND SO THE FOREGOING WAIVER MIGHT NOT APPLY TO YOU AND WILL NOT APPLY TO YOU IF YOU ARE A CONSUMER RESIDING IN A PROVINCE THAT RESTRICTS OR PROHIBITS THE APPLICATION OF THIS PROVISION, INCLUDING IN THE PROVINCE OF BRITISH COLUMBIA, ONTARIO, QUEBEC AND NEW BRUNSWICK.
22. Other Matters
You and Aritzia are non-exclusive, independent contracting parties, and nothing in these Terms of Use or done pursuant to these Terms of Use will create or be construed to create a partnership, joint venture, agency, employment, or other similar relationship between you and Aritzia. Upon request by Aritzia, you will execute all further documents and instruments and do all further things as may be reasonably necessary to implement and carry out the provisions and intent of these Terms of Use. No consent or waiver by Aritzia to or of any breach of these Terms of Use by you will be effective unless in writing and signed by Aritzia or will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach by you. Except as expressly set forth in these Terms of Use, Aritzia's rights and remedies under these Terms of Use are cumulative and not exhaustive or exclusive of any other rights or remedies to which Aritzia may be lawfully entitled under these Terms of Use or at law, and Aritzia will be entitled to pursue any and all of its rights and remedies concurrently, consecutively and alternatively. The provisions of these Terms of Use will enure to the benefit of and be binding upon you and Aritzia and your respective successors and permitted assigns. If any provision of these Terms of Use is held by a court or arbitrator of competent jurisdiction to be invalid or unenforceable for any reason, then the provision will be deemed severed from these Terms of Use and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of the severance these Terms of Use would fail in its essential purpose. You will not assign, transfer, delegate, license, sub-license or grant these Terms of Use or your rights, duties and obligations under these Terms of Use without Aritzia's express prior written consent, which consent may be withheld in Aritzia's discretion. Aritzia may, without your consent, assign these Terms of Use or any of Aritzia's rights, duties, or obligations under these Terms of Use.
These Terms of Use and the Other Terms and Conditions together set forth the entire agreement between you and Aritzia regarding the subject matter of these Terms of Use and the Other Terms and Conditions, and supersede all previous communications, representations, negotiations, discussions, agreements, or understandings, whether oral or written, with respect to the subject matter of these Terms of Use and the Other Terms and Conditions. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and Aritzia regarding the subject matter of these Terms of Use and the Other Terms and Conditions other than as expressly set forth in these Terms of Use and the Other Terms and Conditions.
All rights not expressly granted by these Terms of Use are reserved by Aritzia.
If you have any questions or comments regarding these Terms of Use, please contact Aritzia's Concierge by mail, facsimile, telephone, or e-mail at: Aritzia - Concierge, #118 - 611 Alexander Street, Vancouver, British Columbia, Canada V6A 1E1, facsimile no.: 604-251-6575, telephone no.: 1-855-ARITZIA (274-8942), e-mail: [email protected].
Privacy Policy
Your privacy is important to Aritzia LP ("Aritzia", "we", "us" or "our"). This Privacy Policy describes how Aritzia handles personal information that we collect through:
our websites, and other digital properties, that link to this Privacy Policy, including without limitation, our mobile application (the “Aritzia App”);
our brick-and-mortar retail stores;
orders that we fulfill for our partners;
our surveys and other consumer research activities;
our promotions, sweepstakes, and contests;
our marketing activities, including when you sign up for our newsletters;
our Aritzia Concierge service; and
our social media accounts.
We refer to our activities described above collectively as the "Service".
Your Consent
When you provide Aritzia with your personal information, you consent to Aritzia's collection, use, disclosure, and retention of your information ("processing") in accordance with this Privacy Policy and as otherwise permitted by law. If you disagree with anything in this Privacy Policy, do not provide us with your personal information.
1. Personal Information Aritzia Collects
Information You Provide to Us. Personal information you may provide to us through the Service or otherwise includes:
Contact Data,
such as your first and last name, email address, billing and mailing addresses, and phone number when you purchase products or services from us (including at an Aritzia retail store or through an Aritzia website or Aritzia App), contact us through Aritzia Concierge, or when you create an online account with us through an Aritzia website or Aritzia App.
Profile Data,
such as your username and password that you set to establish an online account with us, age, date of birth, gender, biographical details, photos, saved items in a wish list called "My List", links to your profiles on various third-party sites including social networks, interests, preferences, and information about your participation in our events, promotions, sweepstakes, contests, or surveys.
Communications
that we exchange or you share or publish (and data created from such communications, such as transcripts and summaries), including when you communicate with us with questions, feedback, or otherwise, including through Aritzia Concierge, our client support team, online chat services, and on social media, such as through direct messages or public posts. We may record our conversations, including telephone conversations. When you call us, we may use machine learning tools to help us understand if your experience is positive or not. Any communications through our online chat services or Aritzia Concierge may be also monitored or recorded for quality assurance and other purposes as described in this Privacy Policy. Please do not use our online chat services or Aritzia Concierge if you do not want us to monitor or record those communications.
Research Data
that you provide when you agree to participate in our surveys or research activities (including the Research Community), such as your survey responses, profession, interviews, workshops, and audio and/or video that we record about you or captures of your device's screen in relation to such surveys and research activities.
Payments and Transactional Data,
such as the information needed to complete your orders on or through the Service (including name, credit card information, bank account number, billing and shipping information, and, if applicable, tax exemption information), and your purchase history.
Marketing Data,
such as your preferences for receiving communications about our products, services, events, promotions and newsletters and similar messages, and details about how you engage with our communications.
Job Application Data
such as professional credentials and skills, educational and work history, LinkedIn profile page, personal website, authorization to work in Canada, immigration status, criminal history, and other information that may be included on a resume or curriculum vitae as well as in a cover letter. This may also include diversity information that you voluntarily provide.
Other Information
that we may collect which is not specifically listed here which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.
Third-Party Sources. We may combine personal information we receive from you with personal information we obtain from other sources, such as:
Public Sources,
such as social media platforms, publications, and news sites.
Business and Marketing Partners,
such as marketplaces including Instagram, joint marketing partners, event co-sponsors, influencers, promoters who participate in our affiliate marketing programs, and partners that enhance the consumer experience based on your interactions with Aritzia and other brands.
Data Providers,
such as information services and data licensors that provide demographic and other information about our users.
Users of the Service,
who can purchase products or services (including gift cards) for others, share a product or article with others, refer a friend, or otherwise share contact information of others with us.
Third-Party Platforms,
such as social media accounts such as Facebook, that you use and choose to connect to the Service. This data may include your username, profile picture, and other information associated with your account on that third-party service that is made available to us based on your account settings on that service.
Automatic Data Collection. We, our service providers, and our business partners, such as Meta Platforms, Inc. and TikTok Inc. (US), may use Cookies and Similar Technologies to automatically log information about you, your computer or mobile device, and your activity over time on our websites, Aritzia App and other sites and online services, such as:
Device Data,
such as your computer or mobile device operating system type and version number, manufacturer and model, browser type, screen resolution, IP address, unique identifiers, the website you visited before browsing to our website, and general location information such as city, province or geographic area and precise location information through the Aritzia App (if you enable such collection at the time of downloading our Aritzia App or through your application settings).
Online Activity Data,
such as pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, information or content you submit or share using our chat feature or during a call with us, access times, and duration of access. We and our service providers may collect this data in the form of 'session replays' (also known as session recordings), which recreate your interactions with our website or the Aritzia App, or chat or call transcripts.
Security Camera Footage and Photos
from our stores and offices.
Information About Others. We may also collect information about you from others who know you, like your family or friends, such as when they want to ship a product (including gift cards) to your address. For example, to send the package, we'd need them to tell us your name, email, mailing and shipping addresses. We may also collect information about you from family or friends if they send you a link to a product or article on the Aritzia website or Aritzia App. If you provide us with information about your family or friends, please make sure you have their consent to and remind them to review our Privacy Policy which describes how we use their information.
2.
Aritzia's websites, Aritzia App, online services, email messages, and advertisements may use cookies and similar technologies, such as web beacons, pixel or gif tags, and action tags. Those technologies collect information that assists Aritzia to improve products and services, is used for advertising, provides measurement services, facilitates customer communications and improves the shopping experience.
For example, Aritzia may use information collected through cookies and similar technologies to recognize the user of Aritzia's websites and Aritzia App and supplement our profile for that user, determine a user's general location to tailor the website or Aritzia App content to that user's location, track use of the websites and Aritzia App, offer personalized content, information and advertisements, and otherwise facilitate and improve the customer experience. You may choose to decline or disable cookies if your web browser or device permits, but doing so may affect your ability to access or use certain features of Aritzia's websites or Aritzia App. For more information on how to disable cookies, see Section 5 below.
Aritzia may use web beacons, pixel or gif tags, and action tags to confirm that email messages have been delivered and opened. You may opt-out of receiving emails in accordance with this Privacy Policy.
We use chat technologies, such as those provided by third parties such as Twilio, to operate chat features on the Service that you can use to communicate with us. We, Twilio, and other third parties such as Google may record, access, and use information described in the Automatic Data Collection section above, and other personal information you share through online chats or calls with us (for example to generate transcripts and summaries for our support team), for the purposes described in this Privacy Policy.
3. How Aritzia Uses Your Personal Information
We use your personal information for the following purposes or as otherwise described at the time we collect it.
To Provide Services. We use your personal information to:
provide and operate the Service and our business, including our affiliate marketing programs;
evaluate and enter into a business relationship with you, including for you to provide us with services related to our business;
improve the Service and our business, including in response to trends, patterns, feedback, and sentiments expressed on social media or directly to us; for example, we may use video recordings from our stores for foot traffic analysis, resource planning, and to assess internal tools;
establish and maintain your user profile on the Service, including tracking your orders, purchase history, and shipments and sending you reminders of items left in your shopping cart;
notify you about the Aritzia retail store(s) closest to you for orders that you want to buy online but pick up in-store, including providing directions and estimated travel time;
remember devices from which you have previously logged in;
communicate with you about the Service, including by sending announcements, updates, security alerts, and support and administrative messages;
understand your needs and interests, and personalize your experience with the Service and our communications such as by using your location information to determine your language preferences or display accurate date and time information;
provide support for the Service, respond to your requests, questions and feedback, including through Aritzia Concierge and chat services, evaluate your satisfaction with the Service, and to otherwise administer our relationship with you (i.e. for the purpose of service provision as well as to improve our services as further explained below); and
fulfill a purpose with your consent.
We may combine your personal information collected through various sources, including information collected at Aritzia's retail stores and through Aritzia's websites and Aritzia App, and information obtained from other sources such as to enhance and personalize your shopping experience on our websites and Aritzia App and to facilitate product returns. We may also use providers that use artificial intelligence or machine learning to analyze the data.
Research and Development. We may use your personal information for research and development purposes, including to analyze and improve the Service and our business, to the extent permitted by applicable law. As part of these activities, we may create aggregated or deidentified data from personal information we collect. We aggregate or deidentify data by removing direct identifiers, making those datasets only identifiable to you in combination with other personal information. We may use this aggregated or deidentified data and disclose it to third parties in accordance with applicable laws. For example, if we learn that most users use mobile devices after analyzing aggregated or deidentified data, we might wish to expand on that feature to better serve those users.
Marketing and Advertising. We and our third-party advertising partners may collect and use your personal information for marketing and advertising purposes, except that such sharing with third parties does not include sharing of personal information collected through our short code text messaging programs without your consent:
Direct Marketing.
We may send you Aritzia-related or other direct marketing communications as permitted by law. You may opt-out of our marketing communications as described in the Opt-Out of Marketing Communications section below.
Interest-Based Advertising.
We may contract with third-party advertising and social media companies, such as Meta Platforms, Inc., Google LLC, and TikTok Inc. (US), to display ads on the Service and other online services. These companies may use cookies and similar technologies to collect information about you (including the device data, online activity data and/or coarse geolocation data described above) and your interaction over time across the Service, other online services, and with our communications, and use that information to serve ads that they think will interest you. This is called interest-based advertising. When we collect information from you for this type of advertising, we may convert certain information, like email addresses or phone numbers, into identifiers used for advertising purposes. We may also share hashed identifiers and information about our users, including information collected online and in store, with these companies to facilitate interest-based advertising to those or similar users on other online platforms.
You can learn more about your choices for limiting interest-based advertising in the Advertising Choices section below.
Manage Recruiting and Process Employment Applications. We may use personal information, such as information submitted to us in a job application, to facilitate our recruitment activities and process employment applications, such as by evaluating a job candidate for an employment activity, and monitoring recruitment statistics.
Compliance and Protection. We may use your personal information to:
comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities;
protect our, your, or others' rights, privacy, safety, security, or property (including by making and defending legal claims and security monitoring in our stores that involves video recording); audit our internal processes for compliance with legal and contractual requirements and internal policies;
enforce the terms and conditions that govern the Service including our Terms of Use above, and other legal terms and policies; and
prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.
In addition to the above, (1) applicable laws may require or permit that we process your personal information for specified purposes; this Privacy Policy should not be read as limiting our right to do so; and (2) we may use information that has been de-identified to the extent permitted by applicable law.
4. How Aritzia Shares Your Personal Information
We may share your personal information with the following parties and as otherwise described in this Privacy Policy or at the time of collection:
Affiliates. Our corporate affiliates for the provision of our products and Services consistent with this Privacy Policy.
Suppliers and Service Providers. Companies and individuals that provide services on our behalf or help us operate the Service or our business (such as IT, hosting, payment processing services, customer relationship management and support, chat and call services, print and mail fulfillment, order fulfillment and shipping, data/document storage and management, email delivery, marketing, analytics, fraud detection, event management services, promotions, sweepstakes, contests and surveys).
Financial Services Companies. Companies that check your credit and offer financing for your purchases if you choose to use them. These companies may use your information in accordance with their privacy policy.
Payment Processors. Any payment card information you use to make a purchase on the Service is collected and processed directly by our payment processors. These payment processors may use your payment data in accordance with their privacy policies.
Advertising Partners. We may share your personal information with third-party advertising companies for the interest-based advertising purposes described above.
Professional Advisors. Professional advisors, such as lawyers, accountants, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.
Authorities and Others. Law enforcement, government authorities, courts, and private parties, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above.
Business Transferees. Relevant participants in business transactions (or potential transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, Aritzia or our affiliates (including, in connection with a bankruptcy or similar proceedings).
Business and Marketing Partners. Third parties with whom we co-sponsor events or promotions, with whom we jointly offer products or services (including influencers and promoters who participate in our affiliate marketing programs), whose products or services may be of interest to you, or whose tools are integrated into our Service and enhance the consumer experience based on past consumer activity.
Third-Party Platforms. If you choose to log into the Service with, or otherwise link your Service account to, a social media platform such as Facebook, we may share your personal information with that third-party service. The third party's use of the shared information will be governed by its privacy policy and the settings associated with your account with the third-party service.
Research Partners. We may disclose your information to research partners so that we can analyze and learn about how our services are accessed and used to evaluate and improve them, including by developing new products and services, responding to trends and patterns including sentiments expressed on social media or directly to us, best managing our marketing and other communications, and responding to any complaints you may have.
Other users and the public. You can choose to make some of your profile information visible to the public. Information visible to the public can be collected and used by them, including being cached, copied, screen captured or stored elsewhere (e.g., search engines). We are not responsible for any such use of such information.
5. Your Choices
You have the following choices with respect to your personal information.
Exercise Your Privacy Rights. As described in Section 9 below, you may ask to access or update your personal information that Aritzia has, subject to some limitations. We encourage you to review and update information in your account before making a request.
Delete Your Account. If you have created an account with us, you may delete your account on the website by logging into your account and selecting Account Details and the "Delete My Account" option, or on the Aritzia App by selecting You, then Profile and then the “Delete Account” option. After you delete your account, we may continue to collect, retain and use certain of your personal information (e.g. correspondence and tax records), including for the reasons identified in the section above entitled How Aritzia Uses Your Personal Information.
Delete Your Personal Information. You can request that we delete the personal information we process about you, by emailing your request to [email protected].
Access or Update Your Information. If you have registered for an account with us, you may review and update certain account information by logging into the account on either the website or our Aritzia App.
Opt-Out of Marketing Communications. You may opt-out of marketing-related messages by using the applicable self-service unsubscribe procedure (for example, by clicking an unsubscribe link in an email, replying STOP to the short code or telephone number from which text messages are being sent or adjusting your website or Aritzia App user account preferences), or by contacting us at [email protected] or at 1-855-274-8942. From time to time, Aritzia may use your personal information to communicate with you regarding important matters, such as information about your purchases or updates to Aritzia's Privacy Policy or the Terms of Use above that govern Aritzia's websites and Aritzia App. Because that information is important, you may not opt-out of receiving these communications.
Cookies. Most browsers and operating systems let you remove and/or stop accepting cookies and similar technologies from the websites you visit and apps you use. To do this, follow the instructions in your browser’s or Aritzia App's settings. Many browsers accept cookies by default until you change your settings. If you do not accept cookies, however, you may not be able to use all functionality of the Service and it may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit https://allaboutcookies.org/. We use Google Analytics, including the Google signals feature, to help us understand user activity and patterns on the sites. You can learn more about Google Analytics cookies at https://developers.google.com/analytics/resources/concepts/gaConceptsCookies and about how Google collects and processes your data at https://policies.google.com/technologies/partner-sites. You can prevent the use of Google Analytics relating to your use of our sites by downloading and installing a browser plugin available at https://tools.google.com/dlpage/gaoptout?hl=en.
Local Storage. You may be able to limit use of HTML5 cookies in your browser settings. Unlike other cookies, Flash-based local storage cannot be removed or rejected via your browser settings, but you can adjust the settings of your Flash player to block it. Blocking Flash storage may impede the functionality of Flash applications, including those employed by the Service. For more information on Flash local storage visit https://www.adobe.com/products/flashplayer/end-of-life.html.
You can also manage your cookie preferences for the website (including for cookies relating to advertising) by visiting Manage Cookies.
Advertising Choices. You can limit use of your information for interest-based advertising by:
Browser Settings. Blocking third-party cookies in your Internet browser settings.
Privacy Browsers/Plug-Ins. By using privacy browsers or ad-blocking browser plug-ins that let you block tracking technologies.
Platform Settings. Certain advertising partners offer opt-out features that let you opt-out of use of your information for interest-based advertising:
Ad Industry Tools. Opting out of interest-based ads from companies participating in the following industry opt-out programs:
Network Advertising Initiative:
Digital Advertising Alliance (DAA):
You may visit the DAA Webchoices tool at www.aboutads.info to learn more about interest-based advertising and how to opt out of this advertising on websites by companies participating in the DAA self-regulatory program.
AppChoices mobile app, available at https://youradchoices.com/appchoices, which will allow you to opt-out of interest-based ads in mobile apps served by participating members of the Digital Advertising Alliance.
If you delete your cookies or use a different browser or mobile device, you may need to renew your opt-out choices exercised through the DAA tool(s). Note that electing to opt out will not stop advertising from appearing in your browser or applications. It may make the ads you see less relevant to your interests.
Mobile Settings.
Using your mobile device settings to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes. Our Aritzia App will request your consent for interest-based advertising that involves tracking you across apps and websites owned by other companies. You may change your consent in your device settings.
Request to Withdraw Consent (In Store Data).
To limit the use of information collected about you in relation to in-store purchases for interest-based advertising, please contact our Chief Privacy Officer using the information at the bottom of this Privacy Policy.
Declining to Provide Information. We need to collect personal information to provide certain services, such as your address to ship a product. If you do not provide the information requested, we may not be able to provide those services.
Declining to Use Our Online Chat Services. Any communications through our online chat services may be monitored or recorded for quality assurance and other purposes as described in this Privacy Policy. Please do not use our online chat services if you do not want us to monitor or record those communications.
Aritzia App. The current version of the Aritzia App does not allow you to disable certain technology that is used to tailor the application to you by providing relevant content and to understand how you interact with the Aritzia App. You consent to that use, which may be classified as “selling” or “sharing” personal information with advertising services from which you may have the right to opt out. If you want to opt out, please do not use the Aritzia App (either delete it or do not download it) and continue on Aritzia.com. You can use the tools described above to disable comparable versions of this technology on the website.
Third-Party Platforms. If you choose to connect to the Service through your social media account such as Facebook, you may be able to use your settings in your account with that platform to limit the information we receive from it. If you revoke our ability to access information from a third-party platform, that choice will not apply to information that we have already received from that third party.
Please note that we also may work with companies that offer their own opt-out mechanisms or do not participate in the opt-out mechanisms described above. We do not control those mechanisms and even after using these opt-out mechanisms, you may receive interest-based advertising from other companies.
6. Social Networking, Other Sites and Services
When you use certain aspects of Aritzia's online services, or post information to other social networking sites, for example, there may be links to Aritzia's Facebook or X (formerly Twitter), the information that you post or share in connection with these third-party sites is visible to other persons and can be read, collected, used, and disclosed by other persons, including to send unsolicited messages. In such cases, you will be leaving Aritzia’s website or Aritzia App and going to the third party's website. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or in mobile applications or other online services that are not associated with us. Any information you provide or post to such third-party social-networking sites and other sites is governed by their own privacy policies, which you may read on the applicable site. You are solely responsible for the information that you choose to post or share in those situations. Aritzia has no control over, or responsibility or liability for the use, disclosure, and retention of the information that you disclose in those situations, and the use, disclosure, and retention of the disclosed information is not subject to this Privacy Policy. Please be careful when disclosing your information in those situations.
7. Retention, Location and Security of Your Personal Information
Aritzia retains your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy, or such longer retention period as may be required or permitted by any applicable law.
Aritzia will store and process your personal information in Canada, the United States, and other countries. The laws of other countries regarding the collection, use, disclosure, and retention of personal information may be different from the laws of Canada. The disclosure of your information in accordance with this Privacy Policy may result in your personal information being transferred outside of Canada.
Aritzia employs safeguards - including administrative, technical and physical measures - that are designed to protect information we maintain from unauthorized access, collection, use, disclosure, disposal, or similar risks. While Aritzia uses these efforts aimed at protecting your information, no method of transmission over the Internet, or method of electronic storage, is 100% secure, and therefore, Aritzia cannot guarantee absolute security of your personal information.
8. Cross-Jurisdictional Data Transfers
We are a Canadian company and your information submitted by you through our websites and our Aritzia App is collected and maintained in the United States, Canada and other countries, regardless of the geographic location or country where the information originated.
By providing us with your personal information, you acknowledge and agree that such personal information may be transferred to other jurisdictions for processing and storage, where laws regarding the protection of personal information may be less stringent than the laws in your jurisdiction. If you do not consent to your information being collected and maintained in the United States, Canada and other countries, then you should not enter such information through our websites and our Aritzia App.
Further, such personal information may be accessible to law enforcement, national security authorities, and the courts of such jurisdictions in accordance with applicable law.
This website or Aritzia App may be accessed by users in countries outside of Canada, however, this website and our Aritzia App is intended for use by individuals located in Canada only. We make no representations or warranties that aritzia.com or our Aritzia App is appropriate or available for use in countries outside of Canada (such as laws relating to default cookie settings).
9. Individual Privacy Rights
Subject to applicable exemptions and to the extent permitted by applicable law, you have the following rights in relation to the personal information we hold about you. When you exercise those rights, we may request specific information from you to help us confirm your identity. We may refuse a request to access or correct if we believe the change is prohibited or not required by law or cause the information to be incorrect. In cases of a refusal, we will provide you an explanation of the reasons for the refusal.
(a) Right of access
You can request us in writing to confirm whether we hold personal information relating to you. If yes, you have the right to receive a general account of our processing of such personal information and to request access to your personal information, subject to applicable laws and the provisions of this Privacy Policy. A reasonable fee may be levied if you request the transcription, reproduction or transmission of such information and you will have to provide information or documentation to verify your identity. We will inform you of the approximate cost before proceeding to respond to your request. You may also request that we communicate the personal information that we have collected from you to any person or organization that is authorized by law to collect such information.
Your rights to access your personal information are not absolute. Access can be denied for several different reasons under applicable legislation.
(b) Right to rectification / correction
If we hold personal information about you and you believe that it is not accurate, complete and up-to-date, you can request to have it rectified by contacting Aritzia's Chief Privacy Officer. You can help us maintain the accuracy and completeness of your information (including your Aritzia website or Aritzia App account information) by notifying us of any changes to your information. You may update your Aritzia website account information through our websites, Aritzia App, Aritzia Concierge, or at a retail location.
If we discover that information is not accurate, complete and up-to-date, we will take reasonable steps to rectify it. We will also send any information that has been amended, where appropriate, to any third parties that have access to the information. If we refuse a request to rectify information, we will provide reasons to you.
(c) Your right to withdraw consent
To the extent we rely on your implicit or explicit consent as our legal basis for processing your personal information, you have the right to withdraw that consent at any time by contacting Aritzia's Chief Privacy Officer. However, this will not affect the lawfulness of any processing carried out before you withdrew your consent. Please note that if you withdraw your consent we may not be able to provide you with a particular product or service.
10. Children's Privacy
Aritzia does not knowingly collect personal information from children who are under 14 years of age without the consent of their legal guardian. Please immediately contact Aritzia's Chief Privacy Officer at one of the addresses noted below under Contacting Aritzia's Chief Privacy Officer if you believe that Aritzia has unintentionally collected personal information from a child under 14 years of age without the consent of their legal guardian. If Aritzia learns that it has inadvertently collected personal information from a child under 14 years of age without the consent of their legal guardian, Aritzia will use reasonable efforts to delete that information from its systems (except to the extent that retention of the personal information is required or permitted by applicable law).
11. Employment
Aritzia may use and disclose your personal information to administer and process your application for employment with Aritzia and related matters. If we hire you, this personal information will be used, disclosed and retained in accordance with our Employee Privacy Policy.
12. Changes to this Privacy Policy
Aritzia may change this Privacy Policy from time to time, in which case we will notify you by posting a new version of this Privacy Policy on Aritzia's website at aritzia.com or in our Aritzia App under "You" then "Legal, Privacy and Policies". In some cases, we may also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via email or another manner through the Service. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your continued use of the Service after the posting of any modified Privacy Policy indicates your acceptance of the modified Privacy Policy.
13. Contacting Aritzia's Chief Privacy Officer
If you have any comments or questions about this Privacy Policy, or wish to exercise any of your rights pertaining to personal information, please contact Aritzia's Chief Privacy Officer by mail at: Aritzia - Chief Privacy Officer, #118 - 611 Alexander Street, Vancouver, BC, Canada V6A 1E1, or email: [email protected].