MYCALVINS COMMUNITY PROGRAM TERMS
1. Eligibility. To apply to become a collaborator (“Collaborator”) in a
Calvin Klein Community, including but not limited to #MYCALVINSPRO, @StyleMyCalvins and/or #StrongInMyCalvins
(the “Program”), you must be at least 18 years of age and the age of majority in your jurisdiction of
residence, and have received an invitation from Sponsor to apply for the Program as described further below.
The Sponsor is Calvin Klein, Inc. and, with respect to any particular jurisdiction, its affiliates (each, a
“Sponsor”) in connection with the operation and deployment of the Program.
2. How to Apply. To apply, you must review these Terms and respond or click (if available)
that you understand, and agree to, the requirements of the Program. You will then be asked to provide
information that we need to administer the Program, including your name, date of birth, address (city and
country), email address, social media platforms and handles and clothing size(s).
BY APPLYING FOR AND/OR PARTICIPATING AS A COLLABORATOR IN THE PROGRAM, YOU AGREE TO BE BOUND BY THESE
TERMS. THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY,
SINCE THEY AFFECT YOUR LEGAL RIGHTS.
Each applicant represents and warrants that his/her application for the Program (or the submission of
any photographs, videos, essays, or other content in connection therewith) is true and accurate and does
not conflict with any existing commitment on applicant’s part or violate any third party rights and/or
agreements.
APPLICATION FOR THE PROGRAM ONLY PROVIDES AN OPPORTUNITY FOR APPLICANTS TO BE CONSIDERED FOR
PARTICIPATION IN THE PROGRAM AS A COLLABORATOR. THERE IS NO GUARANTEE THAT APPLICANT WILL BE SELECTED TO BE
A COLLABORATOR IN THE PROGRAM. MEMBERSHIP IS LIMITED.
3. Selection of Applicants. IF YOU ARE SELECTED TO BE A COLLABORATOR
IN THE PROGRAM, YOU WILL BE CONTACTED BY SPONSOR AND/OR DIRECT MESSAGE ON SOCIAL MEDIA (TO THE EXTENT
PERMITTED) AND MAY BE REQUIRED TO AGREE TO ANY OTHER AGREEMENTS, FORMS AND OTHER DOCUMENTS PROVIDED BY
SPONSOR IN SPONSOR’S SOLE DISCRETION (COLLECTIVELY, “MEMBERSHIP AGREEMENTS”). YOU MAY BE REQUIRED TO
PARTICIPATE IN CERTAIN ACTIVITIES ASSOCIATED WITH THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, POSTING ON
SOCIAL MEDIA, BLOGGING, SHARING CONTENT, WRITING REVIEWS, AND/OR TWEETING AS DETERMINED BY SPONSOR.
All decisions with respect to selection in Program and participation in the Program are in the sole
and absolute discretion of Sponsor, and nothing shall obligate Sponsor or any of Sponsor’s affiliates,
licensees, designees, successors and assigns to include any applicant in the Program or make use of any of the
rights set forth herein.
4. Notification and Acceptance. Applicants will be notified of their selection as a Collaborator by Sponsor. Sponsor may rescind any such selection or notification at any time, and/or terminate any Collaborator’s participation in the Program at any time, with or without cause. Collaborator may also terminate his/her participation in the Program at any time. Upon any termination of a Collaborator’s participation in the Program, Collaborator will immediately cease use of, and remove from any Collaborator social media or online channels, any and all content provided by Sponsor to Collaborator.
5. Content Guidelines and/or Restrictions. Sponsor will reject applications if Sponsor determines (in its sole discretion) that any applicant’s application and/or social media platform presence is unsuitable or inappropriate. If an applicant is selected as a Collaborator, Collaborator may post comments, tweets, photos, pictures, images, videos, materials and other content in the course of Collaborator’s participation in the Program (“Collaborator Content”). Collaborator represents and warrants that the Collaborator Content shall comply with the Content Guidelines set forth below:
- Collaborator Content must not be defamatory, abusive, obscene, profane or offensive and must not in any way disparage or criticize Sponsor or any other person or party;
- Collaborator Content must not infringe or violate another party's intellectual property rights (such as music, videos, photos or other materials for which Collaborator does not have written authority from the owner of such materials);
- Collaborator Content must not include celebrities or violate any party’s right of publicity or right of privacy;
- Collaborator Content must not be threatening, harassing or promote racism, bigotry, hatred or physical harm of any kind against any group or individual or promote or encourage violence or illegal activities;
- Collaborator Content must not be inaccurate, false or misleading in any way, and Collaborator may not post performance claims about Company’s products and/or services unless authorized by Sponsor; and
- Collaborator Content must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any jurisdiction where Collaborator Content is created.
- Collaborator Content must be posted with appropriate, clear and conspicuous disclosures as required by the Korea Fair Trade Commission’s Guidelines on Review of Labeling and Advertising through Recommendation and Guarantees (the “KFTC Guidelines”), FTC Guidelines and/or any analogous laws, rules and/or regulations in accordance with Section 7 and 7A below.
For the avoidance of doubt, Collaborator is solely responsible for the Collaborator Content and any and all
other materials that appear on Collaborator’s own social media or other online platforms and Sponsor disclaims
all liability for such materials. If Sponsor accepts a Collaborator and thereafter determines in its sole
discretion that Collaborator Content is unsuitable or inappropriate, Sponsor may suspend that Collaborator’s
access to the Program and terminate these Terms at any time. Sponsor will have no responsibility or liability
in relation to any termination or suspension of Collaborator's access to the Program or these Terms including
in relation to any claim suffered directly or indirectly by Collaborator or any other person. Sponsor has the
right (but not the obligation) in its sole and absolute discretion to monitor Collaborator Content and
Collaborator’s participation in the Program from time to time to ensure Collaborator is in compliance with the
terms of these Terms. Sponsor may also require Collaborators to participate in periodic training programs to
ensure compliance with these Terms.
Sponsor may request feedback from Collaborators from time to time regarding Sponsor’s products/services.
Sponsor shall exclusively own all rights in and to any such feedback. Further, Collaborator understands and
agrees that other Collaborators may submit feedback that may be similar in idea or concept to what is included
in Collaborator’s feedback. Collaborator understands and agrees that he/she shall not have any claim against
any other entrant or Sponsor arising out of any such similarity or be entitled to any compensation for feedback
provided.
Collaborator must not send any unsolicited commercial electronic messages or spam of any type (whether by
telephone call, SMS, MMS or other means of mobile text message, facsimile, email or any other means) as part of
its participation in the Program.
6. Grant of Rights. By participating in the Program and posting Collaborator Content,
Collaborator grants Sponsor and Sponsor’s licensees, designees, successors and assigns a royalty-free license
to use and post such Collaborator Content, throughout the world, in perpetuity (for France: within 2 (two)
years from the termination of the Collaborator’s participation in the Program), for any legal purpose
whatsoever, in any media now known or hereafter invented, including without limitation on Sponsor’s and its
licensees’, designees’, successors’ and assigns’ respective social media and digital channels. For the
avoidance of doubt, Sponsor shall have no obligation upon termination of a Collaborator’s participation in the
Program to remove, delete or scrub any Collaborator Content from any social media channels. Collaborator agrees
that participation in the Services means Sponsor and Sponsor’s licensees, designees, successors and assigns can
use Collaborator’s name, voice, likeness, photograph, social media handle or channel/blog name and any other
Collaborator attributes (collectively, “Collaborator Attributes”) in any manner that Sponsor determines
supports the purposes of these Terms, and further may record and capture the Collaborator Attributes in
connection with Collaborator’s attendance at Program-related events and use such Collaborator Attributes in
accordance with these Terms without further consent from Collaborator (except where prohibited by law),
including use in any media now known or hereafter invented, including without limitation, any and all Internet
media throughout the world in perpetuity (for France: within 2 (two) years from the termination of the
Collaborator’s participation in the Program). Notwithstanding the foregoing, Collaborator agrees to execute any
additional documents required by Sponsor in connection with Collaborator’s attendance at Program-related
events, including without limitation a publicity and/or liability release. For the avoidance of doubt, except
for the limited licenses granted under these Terms, nothing in these Terms will license or convey to anyone,
including any Collaborator, any of Sponsor’s intellectual property or proprietary rights.
6A. Moral Rights. Collaborator irrevocably waives (and for South Korea residents, waives to
the fullest extent permitted by law) any and all Moral Rights they have in each copyright work or such other
subject matter comprised in the Collaborator Content and consents to Sponsor doing or failing to do any act in
relation to those works that may, except for this Section 6A, infringe their Moral Rights in the works
including:
- exercising any of the rights in the works without identifying them;
- exercising any of the rights in the works in a manner which incorrectly attributes any work created by them or their performance to someone else;
- editing, deleting from or otherwise altering the works in any manner determined by Sponsor as contemplated by these Terms.
7. Disclosure. Collaborators may enjoy special benefits, rewards and other perks from Sponsor
as part of their participation in the Program – for example, by testing products or services for Sponsor, which
may be kept by Collaborator as a free gift (for the avoidance of doubt, Collaborators will not receive payment
or compensation for participation in the Program, and Sponsor has no obligation to provide such perks). Sponsor
believes in full, fair and effective disclosures of material facts relating to Collaborator’s relationship with
Sponsor in accordance with the FTC Guides, the KFTC Guidelines, and any similar laws, rules and/or regulations
in any country where the Program is offered, including without limitation the Australian Association of
National Advertisers (AANA) Code of Ethics ("AANA Code"), the Committee of Advertising Practice Code and the
guidance issued by the Advertising Standards Authority in the United Kingdom (“ASA”), and the CONAR Rules in
Brazil. As such, when posting about Sponsor or its products and services, Collaborator must clearly and
conspicuously disclose Collaborator’s “material connection” to Sponsor and include any hashtags that are
required by the FTC Guides, AANA Code, any similar or analogous laws, rules or regulations or as otherwise
directed by Sponsor. All such disclosures must be made prominently and adjacent to each post or piece of
Content that triggers disclosure and must be in an easy-to-understand wording and typeface. The disclosure must
be immediately visible to anyone who views the applicable post on the applicable platform. It is expressly
understood that Sponsor may (without limiting any Collaborator’s obligations) be permitted to opine about
recommendations and options for such disclosures provided that, without limiting Collaborator’s obligations
hereunder, in the event of any disagreement between Collaborator and Sponsor with respect to the form of any
such disclosures, Sponsor’s decision shall be final. By way of illustration, an appropriate disclosure could
consist of: #CKPartner in addition to any other hashtags required by Sponsor (such as #ad or
#sponsored). Sponsor’s right to approve any such disclosures as otherwise provided for under these
Terms shall not relieve any Collaborator of their obligations hereunder.
7A. KFTC Guidelines. Disclosure should be made clearly and conspicuously (i) appearing at the
front or at the end of the post, (ii) in a larger font than the font for the main text or in a different color
from the main text. Economic relationship should be clearly indicated; for example, by stating, “paid
advertisement” or “advertisement in return for payment”.
8. Confidentiality. Unless authorized by Sponsor, Collaborator agrees to hold all Confidential
Information in strict confidence, not to disclose Confidential Information to any third parties, and to use
Confidential Information solely for the purpose of fulfilling its obligations under this Agreement.
“Confidential Information” shall mean all information, excluding information available from the public domain,
disclosed by Sponsor to Collaborator related to this Agreement or the current, future, and proposed business,
products, and services of Sponsor, including without limitation any attributes or information about products
provided by Sponsor to Collaborator for testing. Collaborator expressly agrees not include any test products in
any Collaborator Content, to make samples of test products available to anyone for any reason other than
Sponsor, or to describe or discuss the test products with anyone other than Sponsor. Collaborator must, at the
Sponsor's request return, erase, destroy or procure the return, erasure or destruction (as applicable) of all
copies of Sponsor's Confidential Information in its possession or control. Sponsor will be entitled to seek
injunctive relief for any breach or threatened breach of Collaborator's obligations of confidentiality.
9. Representations and Warranties. By participating in the Program, Collaborator represents
and warrants that: (i) the Collaborator Content and the Collaborator Attributes will be wholly original and
will not infringe upon any copyright, patent, trademark, right of publicity or privacy, or any other
proprietary or other right of any third party, whether contractual, statutory or common law; and (ii)
Collaborator will not commit and has not committed any act which, as determined by Sponsor in its sole
discretion, brings Collaborator or Sponsor into public disrepute, contempt, scandal, or ridicule, or which
insults or offends the general community to which Collaborator’s social media content or Sponsor’s advertising
materials are directed, or which might tend to harm Sponsor or its products or services including, without
limitation, disparaging Sponsor or its competitors; (iv) Collaborator’s statements, posts and feedback are true
and accurately reflect Collaborator’s honest opinion and experience with Sponsor’s products and/or services to
the extent applicable, (v) Collaborator will comply with all applicable federal, state and local laws,
regulations, administrative guidelines, orders and ordinances, including without limitation, all privacy and
data security laws and the terms and conditions of all applicable third party web sites, platforms or
applications, including by making any applicable disclosures in accordance with the FTC Guides, KFTC
Guidelines, or any analogous rules in any jurisdiction where the Program is offered including without
limitation the AANA Code and (vi) Collaborator will comply with any product testing guidelines and/or feedback
requirements provided by Sponsor; and (vii) Collaborator has not relied on any representation or warranties
made by Sponsor which has not been stated expressly in these Terms.
NOTHING IN THESE TERMS EXCLUDES, RESTRICTS OR MODIFIES ANY CONSUMER GUARANTEE, RIGHT OR REMEDY CONFERRED ON A
PARTY BY THE AUSTRALIAN CONSUMER LAW CONTAINED IN SCHEDULE 2 TO THE COMPETITION AND CONSUMER ACT 2010
(CTH) OR
ANY OTHER APPLICABLE LAW THAT CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY AGREEMENT ("NON-EXCLUDABLE
GUARANTEE").
SUBJECT TO ANY NON-EXCLUDABLE GUARANTEES, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, SPONSOR MAKES
NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO
THE PROGRAM OR ANY PRODUCTS, INFORMATION OR CONTENT PROVIDED BY SPONSOR, ALL OF WHICH IS PROVIDED “AS IS” AND
THE WARRANTIES OF FITNESS, MERCHANTABILITY, AND SAFETY ARE EXPRESSLY DISCLAIMED. SPONSOR MAY DISCONTINUE THE
PROGRAM OR ANY OF ITS FEATURES AT ANY TIME. SPONSOR DOES NOT WARRANT THAT THE PROGRAM, ANY SPONSOR WEBSITES OR
SPONSOR CONTENT WILL CONTINUE TO BE PROVIDED OR WILL FUNCTION AS DESCRIBED, OR WILL BE UNINTERRUPTED, ACCURATE,
ERROR-FREE OR FREE OF HARMFUL COMPONENTS.
10. Indemnification and Release. By submitting an application, each applicant agrees to
release and hold harmless, to the maximum extent of applicable laws, Calvin Klein, Inc. (“CKI”), and CKI’s
parent company, affiliates, and each of their respective licensees, designees, successors, assigns, and
advertising and promotion agencies (collectively, “Released Parties”) from any and all liability, for loss,
harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury
and/or death which may occur in connection with preparation for, or application in the Program, and for any
claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark
infringement or any other intellectual property-related cause of action. Collaborators further agree to release
and hold harmless the Released Parties from and against any personal injury and/or death which may occur in
connection with participation in the Program, including without limitation arising out of or related to
Collaborator’s participation in product tests.
Further, each Collaborator shall indemnify, defend and hold harmless the Released Parties from and against any
claim, suit, action, judgment, liability, loss, cost, expenses and other damages, including reasonable
attorney's fees, that is based upon or arises in connection with (i) any breach or alleged breach of
Collaborator’s representations, warranties, covenants agreements, or obligations under this Agreement,
including without limitation any Collaborator’s failure to make any required disclosures in accordance with the
FTC Guides or any analogous rules or regulations in any jurisdictions where the Program is offered as provided
herein including without limitation the AANA Code, (ii) Collaborator’s failure to comply with any applicable
laws, (iii) any other information, materials or data provided by Collaborator, including without limitation any
claims that the Collaborator Content infringes upon or violates the intellectual property rights of any other
person or entity or violates any applicable laws or regulations or (iv) any actual or alleged wrongful or
negligent act or omission by Collaborator in connection with the Program.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL SPONSOR BE LIABLE UNDER ANY THEORY OF
TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST
OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL,
INDIRECT OR OTHER CONSEQUENTIAL DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL
SPONSOR BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING $100.
10.A UNITED KINGDOM RESIDENTS ONLY
As a consumer, Collaborator benefits from any mandatory provisions of the law of the country in which
Collaborator is resident. Nothing in these Terms, including in particular Sections 9, 10 and 13, shall deprive
Collaborator of mandatory consumer rights (including the right to bring legal proceedings in a court in your
country of residence) under the laws applicable in Collaborator’s country of residence.
In particular, nothing in these Terms shall in any way limit or exclude liability (i) for death or personal
injury caused by negligence or the negligence of the Sponsor’s employees, agents or subcontractors, (ii) for
fraud or fraudulent misrepresentation, or (iii) in relation to any rights Collaborator may have or obligations
Sponsor may have under the Consumer Rights Act 2015, or (iv) for any other liability that cannot be limited or
excluded as a matter of applicable law. All provisions of these Terms that purport to limit or exclude
liability in any way shall be subject to this overriding provision.
11. Relationship of the Parties. Sponsor and each applicant or Collaborator are independent
contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales
representative, or employment relationship between the parties. Collaborators shall not make any statements
that reasonably would contradict anything in this Section. Í
12. Severability; Waiver; Remedies. If any part of these Terms shall be held
or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such
provision shall be ineffective but shall not affect the validity of any other part of these Terms. The Parties
are obliged to replace any such invalid or unenforceable part of these Terms by such valid provision which
comes closest to the economic purpose intended by such unenforceable or invalid provision. The failure of
Sponsor to partially or fully exercise any rights or the waiver of Sponsor of any breach of these Terms by any
applicant or Collaborator shall not prevent a subsequent exercise of such right by Sponsor or be deemed a
waiver by Sponsor of any subsequent breach by any applicant or Collaborator of the same or any other term of
these Terms. The rights and remedies of Sponsor under these Terms any other applicable agreement shall be
cumulative, and the exercise of any such right or remedy shall not limit Sponsor's right to exercise any other
right or remedy. Collaborator must not assign any of its rights or novate any obligations under these Terms
without the prior written consent of Sponsor.
13. Governing Law; Dispute Resolution; Arbitration: To the fullest extent permitted by applicable laws, the laws of the State of New York shall govern these Terms. To the fullest extent permitted by applicable laws, while we will make reasonable efforts to resolve any disagreements you may have with Sponsor, if these efforts fail you agree that all claims, disputes or controversies against Sponsor arising out of these Terms ("Claims") shall, to the extent permissible by law and subject to Section 10.1, be exclusively submitted to binding arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing an arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing an arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and Sponsor agree in writing, and the arbitrator shall apply New York law consistent with the Federal Arbitration Act. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS OR TO ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. You may obtain copies of the current rules, and forms and instructions for initiating an arbitration by contacting the American Arbitration Association at using the contact information noted below.
American Arbitration Association
Website: www.adr.org
A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms, in which case these Terms will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator's award is final and binding on the parties.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAWS, ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE CLAIM ARISES. AS NOTED ABOVE, YOU HEREBY VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT EITHER MAY HAVE TO A JURY TRIAL, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW.
We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is
determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be
submitted to arbitration.
These Terms constitutes the entire agreement of the parties about its subject matter and any previous
agreements, understandings and negotiations on that subject matter cease to have any effect.
Questions: Should you have any questions regarding these Terms you may contact us at stylemycalvins@ck.com.
Sponsored by Calvin Klein, Inc.
Date Updated: Oct. 22, 2019
MYCALVINS COMMUNITY PROGRAM PRIVACY STATEMENT
This Privacy Statement describes how Sponsor uses and discloses personal information about you in connection with the Program, and what privacy rights you have. This Privacy Statement is specific to the Program. In case of a conflict between other Calvin Klein privacy policies and this Privacy Statement in connection with the Program, this Privacy Statement prevails.
Personal information categories - Sponsor collects online and offline (such as an on premise Advocate event) directly from you, and obtains from third parties such as your friends, contacts or through social media posts, personal information about you in connection with the Program, such as:
- Your contact details (name, title, email address, etc.).
- Demographics (e.g., age, date of birth and gender).
- Shipping information (e.g., postal address).
- Blogging and social media information (e.g., platforms, social media handles, posts, blog name, video voice or photograph).
- Device and software data (e.g., device-ID, operating system and corresponding version, specific use data and patterns).
- Relationship data (for example, support requests, ratings and feedback).
- Other information requested on the application forms or enabling your participation in the Program, such as your clothing size and preferences and other interests beyond fashion.
Your provision of personal information to Sponsor is voluntary. However, if you do not provide such personal information, you may not be able to participate in the Program.
Purposes – Sponsor uses your personal information for the following purposes:
- For your participation in the Program
- To consider your application and enable you to apply for the Program.
- To enable your participation in the Program, including shipping you clothes to try on and advocate for.
- To send you administrative communications in relation to the Program or Sponsor’s terms, such as changes in terms and conditions.
- To enable social media sharing features and follow your social media activity.
- To respond to your inquiries and requests, for example when you send Sponsor suggestions.
- To check compliance with the MyCalvins Community Program Terms.
Sponsor does this pursuant to its contractual relationship with you, including the performance of the Advocate Agreements.
- For marketing materials
- To send you marketing communications and offer other materials that Sponsor believes may be of interest to you, such as to send you newsletters and personalized offerings.
- To enable the posting of comments, posts and testimonies from or about you under the Program and other parts of Sponsor’s platforms.
Sponsor does this with your (opt-in/out) consent, or where Sponsor has a legitimate interest.
- For service improvement
- To identify usage trends and content across the Program and other platforms. The information that Sponsor gains is used to further improve its services, for instance to help create and design new clothing collections.
Sponsor does this where Sponsor has a legitimate interest.
- For Sponsor’s other business purposes
- To manage security and fraud (e.g., detect and prevent cyberattacks).
- To protect Sponsor’s rights and to defend against lawsuits.
- To share your personal information with a third party as part of a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of business, assets or stock.
- To perform audits and monitor governance, for example by implementing internal audits, business analysis, controls and reporting.
- To respond to legal and regulatory duties, such as requests from public and government authorities.
Sponsor does this to comply with a legal obligation, or where Sponsor has a legitimate interest.
Disclosure - Your personal information can be accessed by Sponsor’s staff to the extent that this access is required to enable them to perform their work. In addition, Sponsor discloses personal information to:
- Sponsor affiliates for the purposes described in this Privacy Statement, including Calvin Klein Europe B.V., CK Stores B.V.
- Third party service providers who facilitate the administration and execution of the Program.
- Other individuals with whom you elect to share your personal information including via social media.
- Public authorities and government authorities assigned with investigative powers.
If you choose to share personal information on third party platforms, such as social media, your personal information may be collected by those third parties, and not by Sponsor. Sponsor is not responsible for the privacy and security practices of such third parties, which are subject to their privacy policy, rather than this Privacy Statement.
Some features of the Program may allow you to invite or contact a friend, for example to share content with them. Please use this functionality responsibly, and refrain from sending requests to persons who may not reasonably expect to receive and consent to them.
Cookies - The Program uses cookies and similar technologies. Please refer to our Privacy
Policy for more details.
Retention - Sponsor retains your personal information for as long as needed or permitted in
light of the purposes for which it was obtained and consistent with applicable law. The criteria used to
determine retention periods include:
- The length of time Sponsor has an on-going relationship with you and your participate in the Program.
- Whether there is a legal obligation to which Sponsor is subject (for example, certain laws requires keeping records of communications for a certain period of time).
- Whether retention is advisable in light of Sponsor’s legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).
Your rights - Consistent with applicable law, you may have the right to request to access, correct, delete, restrict or object to the use of your personal information, or to obtain an electronic copy of your personal information for purposes of transmitting it to another company. To do so, you may contact Sponsor at stylemycalvins@ck.com. You may also be entitled to lodge a complaint with a data protection authority for your country or region or where an alleged infringement of applicable data protection law occurs. A list of data protection authorities competent for the European Economic Area (“EEA”) is available here. Regarding deletion, please note that your request does not ensure complete or comprehensive removal of the content or information, as, for example, some Advocate Content may have been reposted by others or included in marketing materials which have been generally distributed.
Transfers - Your personal information may be stored and processed in any country where Sponsor has facilities or in which Sponsor engages service providers, including in countries outside the EEA which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your personal information. Some of the non-EEA countries are recognized by the European Commission as providing an adequate level of protection of personal information according to EEA standards (the full list of these countries is available here). For transfers from the EEA to countries that are not considered to provide an adequate level of protection of personal information by the European Commission, including to Sponsor in the US, Sponsor has sought to put in place adequate measures to protect your personal information (see for example EU commission website with the model contracts for such transfer here). To the extent that you are an individual located in the EEA and your personal information is transferred directly to Sponsor, such transfer occurs on the basis of the contractual relationship between you and Sponsor, including the Advocate Agreements. For more information about transfers at Sponsor under the Program, please contact Sponsor at stylemycalvins@ck.com.