Effective October 2023
VRSUS, and the VRSUS group of companies (collectively, “VRSUS” or "we", "us", or "our") respects the privacy of all our visitors and pledge to provide you with the best online experience possible. This VRSUS Privacy Policy (“Privacy Policy”) describes what Personal Information (defined below) we collect from you via our Services (defined below), how we may use it and the steps we take to ensure that it is protected. This Privacy Policy applies to Personal Information we may collect from you through any VRSUS online services that post this Privacy Policy, including our mobile app(s) for users located in the U.S. and Canada, as well as offline collection through our retail stores located in the U.S. and Canada, VRSUS sponsored events, VRSUS emails originated from the U.S. and Canada, and official VRSUS operated surveys and sweepstakes entry forms, or in any other instance when you contact our operations in the Canada and U.S. (collectively “Services”). This Privacy Policy does not apply to our job applicants or current or former employees or contractors except to the extent that they use our website with regard to our biometric retention statement and with regard to how to make a privacy rights request.
BY ACCESSING OR USING THE SERVICES, ON ANY COMPUTER, MOBILE PHONE, TABLET, CONSOLE OR OTHER PHYSICAL OR ELECTRONIC DEVICE (COLLECTIVELY, "DEVICE"), OR BY OTHER METHOD, YOU CONSENT TO OUR PRIVACY POLICY.
VRSUS may modify this Privacy Policy at any time effective upon its posting, and additional privacy notices or policies may also apply. Your continued use of our products and services constitutes your acceptance of this Privacy Policy, applicable additional notices and policies and any updates. By using our Services, you agree to the Service’s Terms & Conditions governing the use of the Services and accept our practices as outlined in this Privacy Policy. Do not use the Service if you do not ACCEPT this Privacy Policy and AGREE TO the Terms and Conditions.
INFORMATION WE COLLECT AND HOW
We collect information you give us or permit us to access. We may also collect information regarding your interaction with, and use of, our products and services. Information we may collect includes, but is not limited to, your name, image, birth date, email and physical address, when necessary credit card information, IP address, telephone number or mobile phone identifier, gender, contact lists, social media information, location (including GPS) information, activity and performance information, Device identifier and hardware information, browser type and language, cookie information, system type, whether you have enabled software to access certain features, access times, referring website URLs, information about your purchases and other information about your interactions with us.
For example, we collect information you provide via any of our customer service channels including via phone, email, SMS and chat, and such information may be recorded, processed and disclosed for the purposes described in this Privacy Policy. We also collect information about gift and eGift Card recipients provided by the giver.
As more fully explained in the next section, we may automatically collect certain information about you when you access or use the Services, or shop in our stores, including:
If you participate in a contest or sweepstakes that we sponsor, we may, in addition to the above, collect the information to administer the sweepstakes, or as otherwise disclosed at the time of collection, such as your contact information, your product size information, your preferences, your location, and other information you provide to us.
Additionally, we may collect your mobile telephone number in connection with SMS/MMS programs, including for shipment notifications and marketing purposes. We will use the mobile telephone information you provide through the Services to transmit your mobile messages and respond to you, if necessary. This includes but is not limited to, disclosing information to platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. For more information regarding SMS/MMS programs, visit: https://www.sinch.com/privacy-policy
We may also collect Personal Information in connection with the processing and evaluation of a job application and related materials submitted by you.
We may derive Personal Information or draw inferences about you based on the other types of Personal Information we collect. For example, we may infer location based on IP address, or make product recommendations based on browsing or purchasing behaviour in connection with the Services.
We may combine the information you give us with other information from VRSUS sources, transactions and communications. This may include but is not limited to, information from VRSUS, direct mail, catalogs, promotions, collaborations, events, products and applications, or other VRSUS interactions. We may also combine that information with data that is publicly available and data from third parties. To the extent that non-service information is combined with Personal Information collected via the Services, we will treat it as Personal Information under this Privacy Policy.
COOKIES AND DATA TECHNOLOGIES
We, our service providers and third parties may use cookies and other Data Technologies, including but not limited to tracking pixels, to gather information about your visits to our website, mobile apps and other Services so we can enhance your experience. This information may be combined with other information, which will enable us to analyze and better customize your visits.
What Are Cookies? Cookies are data files stored within your browser when you interact with a website. These data files allow the website to recall important information about your visit, help better understand your preferences and improve your overall experience. For example, we use cookies to save products in your shopping cart while you browse our websites and to track the effectiveness of our marketing and advertising campaigns. Similarly, a tracking pixel or web beacon is a technology that can recognize specific cookies and convey information about that browser. We, and third parties, may also use technologies, such as our own, and third-party, cookies, to provide you with personalized online display advertising tailored to your interests.
There are generally three categories of cookies used on the Services:
Your browser can also help you manage cookies. Most, but not all, browsers accept cookies automatically. You may be able to set your browser to reject and/or delete cookies. You may limit or turn off cookies and other collection tools by adjusting your browser settings. If you turn off certain collection tools, you may not have access to many features that make your experience more efficient and some of our services and features may not function properly. We recommend that you leave cookies “turned on” so we can offer you a better shopping experience on our sites.
Some information about your use of the Services and certain other online services may be collected using Data Technologies across time and services and used by VRSUS and third parties for purposes such as associating different devices you use and delivering relevant ads and/or other content to you on the Service and certain other online services. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, that there is no consensus among industry participants as to what “Do Not Track” means in this context. Like many online services, VRSUS currently does not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you can visit http://www.allaboutdnt.com, but we are not responsible for the completeness or accuracy of this third-party information. Some third parties may, however, offer you choices regarding their tracking technologies. VRSUS is not responsible for the completeness or accuracy of this tool or third-party notices or mechanisms. For specific information on some of the choice options offered by third-party analytics and advertising providers, see below. We may, from time-to-time, and in certain jurisdictions, offer or point you to tools that allow you to exercise certain preferences regarding cookies and other Data Technologies associated with the Services, but such tools rely on third parties and third-party information so we do not guaranty that the tools will provide complete and accurate information or be completely effective.
Some advertising and technology partners may also collect Personal Information when you use the Services. For example, we may work with other companies, such as Google, who use tracking technologies to analyze how users use the Services and to serve advertisements on our behalf across the Internet. For more information about how data is collected and processed in connection with the Google Analytics service and how to opt-out, visit https://tools.google.com/dlpage/gaoptout. To learn more about the data Google collects and how your data may be used, and to opt-out of certain Google browser Interest-Based Advertising, please visit http://www.google.com/settings/ads (http://www.google.com/settings/ads).
Some third-party Data Technology operators that may be associated with our Services may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioural Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, including the use of Cross-device Data for serving ads, visit: http://www.aboutads.info/choices/ (U.S.),
http://youradchoices.ca/choices (Canada), and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program specifically for mobile apps (including use of precise location for third-party ads). Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g. from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g. mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective. VRSUS supports the ad industry’s Self-regulatory Principles for Online Behavioural Advertising and expects that ad networks we directly engage to serve you interest-based advertising will do so as well, though we cannot guaranty their compliance.
USE OF INFORMATION
We may use your information subject to this Privacy Policy, including information that is defined as personal information, personally identifiable information, or personal data under applicable laws (“Personal Information”) except as restricted by applicable law, including without limitation for:
We only send you text communications or promotional emails if you have opted to receive VRSUS emails and/or SMS messages. If you no longer want to receive SMS messages, or promotional emails, or want to delete/update your Personal Information, please visit the My Account (https://VRSUS.ca/account/login) page or opt-out by following the opt-out or unsubscribe instructions in the message or by Contacting Us (https://vrsus.ca/pages/contact).
You can cancel text messages at any time. To stop receiving marketing text messages from VRSUS, please reply “STOP” to the VRSUS marketing text message. After you send "STOP", we may send you an additional text message to confirm that you have been unsubscribed. You will no longer receive text messages from that short code, but you may receive text messages if you are subscribed to other text lists. If at any time you have questions about the text messages, text "HELP". After you send "HELP" we will respond with instructions on how to use our service as well as how to unsubscribe. Please note this preference will only apply to the phone number in receipt of the text. Message and data rates may apply.
PROTECTION AND RETENTION OF INFORMATION
VRSUS uses technical and organizational measures designed to protect your Personal Information against unauthorized access, theft, and loss. While VRSUS strives to protect its user's Personal Information and privacy, we cannot guarantee 100% the security or confidentiality of any information that you provide to us or that is otherwise disclosed by you online. We recommend that you take additional measures to protect yourself and your information, such as installing anti-virus software, closing browsers after use, keeping confidential your log-in credentials and passwords. We will retain your Personal Information for as long as your account is active or as needed to provide you services. We will retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
We retain your Personal Information for as long as necessary to provide our products and services to you and fulfill the transactions you have requested or for other essential purposes such as complying with our legal obligations, maintaining business and financial records, resolving disputes, maintaining security, detecting, and preventing fraud and abuse and enforcing our agreements. The criteria used to determine retention periods include the legal limitation of liability period, agreed contractual provisions, applicable regulatory requirements, and industry standards.
While we do not collect biometric data from the public, in instances where we collect employee biometric data, we only retain such biometric data for as long as necessary for the purpose of the collection of the biometric data and delete such biometric data when the purpose for collecting such data has been satisfied or within one year of the employee’s last interaction with the Company, whichever is earlier to occur.
DISCLOSING AND TRANSFERING OF INFORMATION
Subject to applicable law, this Privacy Policy and any representations made by us in writing at the time of collection, we may disclose your information except as restricted by applicable law. For instance, we may disclose your information, including Personal Information, with our affiliates and subsidiaries, as well as to our partners, vendors, distributors, and suppliers, some of which may be within the United States or otherwise outside of Canada. We may transfer your information to certain service providers to conduct our business operations. For example, we may disclose your information to service providers who may provide the following services on our behalf: web hosting, credit card processing, shipping and order fulfillment, data management, email distribution, marketing, market research, analytics, customer service, website utilization, information analysis, and promotions management. We may also share some of your account details (such as your name, email address, password, and date of birth) with our cloud service providers for the purposes of identification and authentication, so you can conveniently access your account. We may also disclose your information as is necessary to complete a transaction or provide a product, service, or feature that you have requested. These service providers will only use your information for the purpose of carrying out the services provided to VRSUS. We may disclose information upon governmental request, in response to a court order, when required by law, to enforce our policies, or to protect our or others' rights, property or safety. We may disclose information to prevent illegal uses of VRSUS's products and services or violations of the Terms & Conditions (https://vrsus.ca/pages/terms-privacy), or applicable additional terms, or to defend ourselves against third-party claims. We may also disclose information to companies assisting in fraud protection or investigation. We may also disclose aggregated or de-identified information based upon your use of the Services.
Your information may be transferred to a third-party as a part of our business assets in a sale of a part or all VRSUS, or in connection with a merger, financing or other corporate transaction.
You may also choose to disclose certain information publicly (e.g., when you post UGC) or with specific third parties (e.g. when you interact with third-party Data Technologies or other services (e.g., social media plug-ins, links to other sites, etc.). When you use certain services, you agree to publicly share a basic amount of information, which may include your username, city location, and profile picture in accordance with the terms of those services. To participate in certain features, you may have to adjust your privacy settings and share additional information. You may also choose to disclose your activity on other platforms, such as Instagram, Facebook, and Twitter. Please read the privacy policies of those platforms, because your VRSUS activity published on those platforms will no longer be governed by this Privacy Policy.
Our digital operations are conducted, in whole or in part, in the United States. Regardless of where you live, you consent to have your information, including Personal Information, transferred, processed, and stored in the United States, and other jurisdictions and allow VRSUS to collect and process your Personal Information in accordance with this Privacy Policy.
CHILDREN'S PRIVACY
We do not knowingly collect or solicit “Personal Information” as defined by the U.S. Children’s Online Privacy Protection Act (“COPPA”) (“Children’s Personal Information”) online from children under the age of 13. The Services are intended for a general audience. If we obtain knowledge that we have collected Children’s Personal Information in a manner not permitted by COPPA, we will remove such data to the extent required by COPPA. If you believe that we might have any information from a child under the age of 13, please contact us as directed below in the “Contact Us” section.
THIRD-PARTY SERVICES
The Services may include or link to third-party websites, apps, locations, platforms, code (e.g., plug-ins, application programming interfaces (“API”), and software development kits (“SDKs”)) or other third-party services. These third-party services may use their own cookies, web beacons, and other Data Technologies to independently collect information about you and may solicit Personal Information from you.
Certain functionalities on the Service permit interactions that you initiate between the Service and certain third-party services, such as third-party social networks (“Social Features”). Examples of Social Features include enabling you to send content such as contacts and photos between the Service and a third-party service; “liking” or “sharing” VRSUS content; logging in to the Service using your third-party service account (e.g., using Facebook Connect to sign-in to the Service); and to otherwise connect the Service to a third-party service (e.g., to pull or push information to or from the Service). If you use Social Features, and potentially other third-party services, information you post or provide access to may be publicly displayed on the Service or by the third-party service that you use. Similarly, if you post information on a third-party service that references the Service (e.g., by using a hashtag associated with VRSUS in a tweet or status update), your post may be used on or in connection with the Service or otherwise by VRSUS. Also, both we and the third-party may have access to certain information about you and your use of the Service and any third-party service.
We may engage and work with service providers and other third parties to serve advertisements on the Service and/or on other online services. Some of these ads may be tailored to your interest based on your browsing of the Service and elsewhere on the Internet, which may include the use of precise location and/or cross-device data, sometimes referred to as “interest-based advertising” and “online behavioural advertising” (“Interest-based Advertising”), which may include sending you an ad on another online service after you have left the Service (i.e., “retargeting”).
VRSUS is not responsible for and makes no representations regarding, the policies or business practices of any third parties, including, without limitation, analytics service providers and third-party services associated with the Services. We encourage you to familiarize yourself with and consult their privacy policies and terms of use.
OPT-OUT, DELETE OR MODIFY INFORMATION
You may cancel your Account or opt-out of receiving promotional e-mail messages from VRSUS at any time. To unsubscribe and stop receiving SMS text or commercial e-mail communications from VRSUS, you can change your Account settings or follow the instructions enclosed within the e-mail, text message, notification or other promotional message or communication. You can access, update, or correct certain information stored within your Account at any time by logging into your account and updating your preferences. However, this will only affect your account profile and not other Personal Information that we have about you. You may also request access, correction, or deletion of your personal information by contacting us as described in the Contact Us section, however, how we process this request will be within our discretion subject to the rights that certain state residents have. We may require you to prove your identity if you make such a request. VRSUS may keep information and content in our backup files and archives as required or permitted by applicable law.
In addition, as discussed below, depending on where you reside, you may have broader rights such as to (i) object to or request the restriction of processing of your Personal Information, (ii) request to know more about and access the Personal Information we collect, use, and disclose about you, (iii) request deletion of your Personal Information, (iv) request correction of inaccurate Personal Information, or (v) opt out of the sale or sharing of Personal Information for the purpose of targeted advertising. For more information on these rights and how to exercise them, see our Quebec Privacy Notice below. These state-specific rights must be exercised separately from the general rights described in the paragraph above.
CONTACT US
If you have any questions or comments relating to our Services and/or the Privacy Policy, please email us at info@vrsus.ca or write to us:
VRSUS
Attn: Privacy Officer
3985 Chesswood Drive
Toronto, Ontario. M3J 2R8
Canada
TERMS OF USE
Your use of our products and services, and any disputes arising from them, is subject to this Privacy Policy as well as the Terms & Conditions governing the use of the Services, and any applicable additional terms.
Please visit the User Content Terms to view License Terms for the use of Instagram Content on our Services and in advertising. Click Here.
CANADA PRIVACY NOTICE
Canadian law may provide consumers with specific rights regarding their Personal Information. Depending on your province or territory of residence within Canada, you may have different rights. Please consult the section below relevant to your province or territory of residence. This Canada Privacy Notice (“Notice”) supplements the VRSUS Privacy Policy. It applies solely to Canadian consumers and addresses Personal Information we collect online and offline.
As permitted by applicable law, we do not treat de-identified data or aggregate information as Personal Information, and we reserve the right to convert or permit others to convert your Personal Information into de-identified or aggregate information. We have no obligation to re-identify such information or keep it longer than we need it for our own purposes.
Because there are numerous types of Personal Information in each category of Personal Information, and various uses for each Personal Information type, our retention periods vary for each of the categories of Personal Information described above. The length of time for which we retain each category of Personal Information depends on the purposes for our collection and use and requirements pursuant to applicable laws. For more information on our retention practices, see the Protection and Retention of Information section of our Privacy Policy above.
Consumer Privacy Rights
III. Right To Withdraw Consent. If you are a consumer who resides in Canada, you have the right to withdraw your consent to our use or communication of your Personal Information at any time, subject to certain restrictions. Your withdrawal of consent will be effective on the date of the withdrawal. Your withdrawal of consent may impact our ability to provide our Services to you. To exercise your rights, please see the “Exercising Your Rights” section below.
Quebec Consumer Privacy Rights
Quebec residents may have certain rights pursuant to Quebec law, as described below.
CASL COMPLIANCE
Subject to obtaining consent in accordance with applicable law, we may send you marketing communications. You may revoke your consent for receiving marketing communications at any time, free of charge by following the instructions in the marketing communication. You can also control these preferences in your My Account settings.
We will not discriminate against you for exercising any of the rights that are provided to you under Canadian law.
Exercising Your Rights
To exercise your rights to know, delete, and/or limit sharing of Personal Information, please submit a verifiable consumer request to us by either:
VRSUS
Attn: Privacy Officer
3985 Chesswood Drive
Toronto, Ontario. M3J 2R8
Canada
Opting Out Of Cookies
To opt-out of the sale/sharing of cookie Personal Information, you need to exercise a separate opt-out request on our cookie management tool located in the Cookie Settings section of the footer. Our cookie management tool enables you to exercise such an opt-out request and enable certain cookie preferences on your device. You must exercise your preferences on each of the websites you visit, from each browser you use, and on each device that you use. Since your browser opt-out is designated by a cookie, if you clear or block cookies, your preferences will no longer be effective and you will need to enable them again via our cookie management tool. Beware that if you use ad-blocking software, our cookie banner may not appear when you visit our Services and you may have to use the link above to access the tool.
Use of Global Privacy Control: Global privacy control (“GPC”) signals, which are commonly referred to as opt-out preference signals (“OOPS”), are signals sent by a platform, technology, or mechanism, enabled by individuals on their devices or browsers, that communicate the individual’s choice to opt-out of the sale and sharing of Personal Information. To use an OOPS/GPC, you can download an internet browser or a plugin to use on your current internet browser and follow the settings to enable the OOPS/GPC. We have configured the settings of our consent management platform to receive and process GPC signals on our website. We process OOPS/GPC with respect to sales and sharing that may occur in the context of collection of cookie Personal Information by tracking technologies online by third-party digital businesses and apply it to the specific browser on which you enable OOPS/GPC. We currently do not, due to technical limitations, process OOPS/GPC for opt-outs of sales and sharing in other contexts (e.g., non-cookie Personal Information). We do not: (1) charge a fee for use of our service if you have enabled OOPS/GPC; (2) change your experience with any product or service if you use OOPS/GPC; or (3) display a notification, pop-up, text, graphic, animation, sound, video, or any interstitial in response to the OOPS/GPC. To learn more about the GPC, please visit https://globalprivacycontrol.org/ (https://globalprivacycontrol.org/). If you delete cookies or reset your device, you may need to set your preference again to ensure we continue to honour your preferred choice.
Verifying And Fulfilling Requests
To protect your privacy, we will need to verify your request (i.e., verify you). The verifiable consumer request must:
We may not be able to fully respond to your right to know, deletion, or correction requests if we cannot verify your identity consistent with the standards for verification and security and confirm that the Personal Information relates to you. Once we receive your request, we are required to verify that you are the person that is the subject of the request, or an authorized agent property acting on behalf of a specific consumer. How we do this will depend on the content of the consumer's relationship with us and the sensitivity of the Personal Information. Typically, this consists of matching identifying information provided by you with the information we have about you in our records.
Upon making a request, you will be asked to provide your full name, e-mail address, shipping address and telephone number. Providing accurate information that matches our records is necessary so that we can locate the correct information within our systems and among our service providers. To verify your request, we may ask you to submit evidence beyond your basic Personal Information to prove your identity, especially if you seek to delete Personal Information or obtain copies of it. You may submit this information simultaneously with your initial request (by email) or after your request (as a second step). For requests of specific pieces of sensitive Personal Information about a consumer, we will verify your identity to a reasonably high degree of certainty; whereas for requests to know the categories of Personal Information collected and used about a consumer, we will verify your identity to a reasonable degree of certainty. We may give you options, such as (i) submitting a signed statement and a redacted copy of identifying information (such as a government-issued ID), or (ii) verifying your identity with a third-party verification company that we may hire for this purpose. If we ask you to verify your identity, you must promptly cooperate with our efforts so that we can fulfill your request. If you do not comply, your request cannot be fulfilled; and if you delay in complying, the fulfillment of your request is likely to be delayed, and may be denied, as a result. If we cannot verify your identity, we will not be able to fully respond to your request. However, if we cannot verify you sufficiently to provide specific pieces, we will treat the request as a categories request, and if we cannot reasonably verify you for that, we will refer you to this Notice for our general practices. If we cannot sufficiently verify you as necessary for a deletion request, we will give you the opportunity to opt-out as set forth above.
We will make commercially reasonable efforts to accommodate your request within time frame prescribed by applicable law. Some Personal Information we maintain about consumers is not sufficiently associated with enough Personal Information about the consumer for us to be able to verify that it is a particular consumer’s Personal Information when a consumer request that requires verification pursuant to the verification standards is made (e.g., clickstream data tied only to a pseudonymous browser ID). Accordingly, we do not include that Personal Information in response to those requests.
Consistent with applicable law and our interest in the security of your Personal Information, we will not deliver to you your driver’s license number or other government-issued id number, financial account number, any health or medical identification number, an account password, security questions or answers, or unique biometric data generated from measurements or technical analysis of human characteristics in response to a privacy rights request; however, you may be able to access some of this information yourself through your account if you have an active account with us.
CONTACT US
If you have any questions, you may contact us as follows:
VRSUS
Attn: Privacy Officer
3985 Chesswood Drive
Toronto, Ontario. M3J 2R8
Canada
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