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Crocs.ca Terms of Use

Effective Date of this version: April 25, 2019

Thank you for visiting crocs.ca. This Website is owned and operated by Crocs Canada, Inc., a wholly owned subsidiary of Crocs, Inc., located at 1455 16th Ave., Unit 7, Richmond Hill, ON L4B 4W5. Your access to and use of this Website is subject to the following Terms of Use and all applicable laws.

Terms of use covers:

Agreement
Definitions
Minors
Product and Services Information
Ownership
Trademarks
Responsibility for User-Generated Content Posted on or Through this Website
Removal of User-Generated Content
Your Feedback
Links to Other Sites
Privacy Policy
No Warranties
Exclusion of Liability
Your Obligations
You Indemnification Obligations
Modification and Discontinuation
Entire Understanding
Severability and Non-Waiver
Law and Jurisdiction
Contacting Us

Agreement

Access to and use of this Website and its Content are subject to all applicable laws and regulations and to these Terms of Use. By accessing, browsing, and shopping at this Website, you accept, without limitation or qualification, these Terms of Use, which form a legally binding agreement. If you do not agree, please exit this Website.

These Terms of Use may be changed by us from time to time without specific notice to you. The latest Terms of Use will be posted on the Website, and you should always review these Terms of Use prior to using the Website to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this Website.

If you cannot access the Terms of Use via the Internet, we can provide a copy of the most recent Terms of Use by email upon request. Please email us at the email address listed at the end of these Terms of Use.

ACCESS TO THIS WEBSITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS, OR SERVICES PROVIDED THROUGH THIS WEBSITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.

Definitions

The term “Content” refers to all of the software and code comprising or used to operate this Website, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Website.

The terms “Crocs,” “we,” “us,” and “our” refer to Crocs Retail, LLC.

The term “Feedback” refers to the Content you post on or through this Website that is specifically about how we can improve this Website and the products and services we make available through this Website.

The terms “Personally Identifiable Information” and “PII” refer to individually identifiable information about you that could permit one to identify or contact you. Examples of PII include your name, address, and email address.

The term “Terms of Use” refer to these terms of use.

The term “User-Generated Content” refers to all of the text, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, and other material that you post on or through our Website using the social networking tools we make available to you and that does not constitute Feedback. One way that User-Generated Content differs from other information you provide to us is that, once submitted, User-Generated Content is made available instantaneously to others. Examples of User-Generated Content are information you provide as part of a promotion and comments you make in response to a blog or social media post; Feedback is also considered User-Generated Content.

The term “Website” refers to crocs.ca, including the Crocs online store, which is owned and operated by Crocs Retail, LLC.

The terms “you” and “your” mean any user of this Website.

Minors

This Website is a business and commercial site. As such, it is not intended for children or minors under the age of 18 years without the permission of a parent or guardian.

Product & Services Information

All references on this Website to information, materials, products, and services apply to information, materials, products and services available in the countries or jurisdictions specified with respect to such information only, unless otherwise stated. Nothing in this Website constitutes an offer to buy or sell our products or services in any jurisdiction.

Ownership

Unless otherwise indicated, this Website and all of its Content are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) laws, including without limitation those of the United States and Canada, and all Content and intellectual property rights therein are the property of Crocs or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws. ALL RIGHTS RESERVED.

The posting of any Content on this Website does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any Content viewed through this Website. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use this Website and its Content to display, download, archive and print in hard copy, portions of this Website on a temporary basis and for your individual use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.

Trademarks

The Crocs logo, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this Website, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of Crocs (the “Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Website are the property of their respective owners. You are not authorized to display or use the Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

Responsibility for User-Generated Content Posted on or Through this Website

You are responsible for User-Generated Content that you post. Under no circumstances will we be liable in any way for any User-Generated Content.

This means that you, not Crocs, are entirely responsible for all User-Generated Content that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others. If any part of the User-Generated Content you post is not your original work, it is your responsibility to obtain any necessary permission to post it.

Because we do not control the User-Generated Content posted on or through this Website, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User-Generated Content. You also agree and understand that by accessing this Website, you may encounter User-Generated Content that you may consider to be objectionable. We have no responsibility for any User-Generated Content, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use or dissemination of any User-Generated Content posted, emailed, transmitted or otherwise made available on or through this Website. The User-Generated Content posted on or through this Website expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of Crocs or any person or entity associated with Crocs.

You own User-Generated Content, but we may use it. You own the copyright in any original User-Generated Content you post. We do not claim any copyrights in User-Generated Content. However, by using this Website you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize User-Generated Content you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any User-Generated Content that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas.

We may disclose and/or remove User-Generated Content. Crocs has certain rights. We have the right (but do not assume the obligation) to:

monitor all User-Generated Content;
require that you avoid certain subjects as we determine in our sole and absolute discretion;
remove or block any User-Generated Content at any time without notice at our sole and absolute discretion;
disclose any User-Generated Content and the identity of the user who posted it in response to a subpoena or other legal process or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of Crocs or others, or to enforce these Terms of Use; and
terminate your access to and use of this Website, or to modify, edit or block your transmissions thereto in our sole and absolute discretion.

You agree that our exercise of such discretion shall not and does not render us the owners, authors, or creators of User-Generated Content you post, and that you will retain ownership thereof and responsibility for such Content as described in these Terms of Use.

Restrictions on User-Generated Content. It is a condition of these Terms of Use that you do not:

upload, post, transmit or otherwise make available
- any User-Generated Content that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
- any User-Generated Content that constitutes or encourages activity that may violate criminal or civil law;
- any User-Generated Content that is false, misleading, or fraudulent;
- any User-Generated Content that you do not have a right or permission to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- any User-Generated Content that violates or infringes upon the rights of others, including User-Generated Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
- any User-Generated Content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;
- any request for or solicitation of any personal or private information from any individual;
- any request for or solicitation of money, goods, or services for private gain or unlawful purposes;
- any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or that may otherwise compromise the security, integrity, and availability of the Crocs site or information thereon; or
- any User-Generated Content that contains advertising, promotions or marketing, or which otherwise has a commercial purpose;
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
violate any local, state, national or international law, rule or regulation.

Removal of User-Generated Content

In general. On certain pages of this Website, we may provide to you a tool to report objectionable User-Generated Content. If that tool is not available, you can report objectionable User-Generated Content by contacting us using the information provided below. While we do not have any obligation to remove any User-Generated Content from this Website merely because of a removal request, we will review all such requests and will remove User-Generated Content that we determine should be removed, in our sole and absolute discretion and in accordance with these Terms of Use and applicable law. Please be aware, however, that if the User-Generated Content has already been distributed to other websites or users or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the User-Generated Content we remove from this Website may remain on back-up servers.

Violation of copyrights. Crocs does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.

If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Website or has been otherwise copied and made available on this Website in a manner that constitutes copyright infringement, please notify us immediately. Your notice must be in writing and must include:

an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on this Website (including the URL, title and/or item number if applicable, or other identifying characteristics);
your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; and
a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Your statement must be addressed as follows:

Copyright Agent
Crocs Retail, LLC.
7477 East Dry Creek Parkway
Niwot, CO 80503
[email protected]

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.

Your Feedback

Although we do not claim ownership of User-Generated Content you post using this Website, the Feedback you provide to us through this Website will be and remains our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

Links to Other Sites

This Website may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons. An advertisement of, or link to, a non-Crocs website does not mean that we approve, endorse or accept any responsibility for that website, its content or use, or the use of products and services made available through such website.

We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites.

Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through this Website, the content thereof, or the products and/or services made available through such websites. If you decide to leave our Website and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.

Our Privacy Policy

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy. Before using this Website please read it carefully. All Personally Identifiable Information provided to us as a result of your access to and use of this Website will be handled in accordance with our Privacy Policy.

No Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENT, WHICH ARE PROVIDED FOR USE "AS IS" AND ON AN "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE AND ANY WEBSITE WITH WHICH IT IS LINKED. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS OR EMAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT AND AGREE THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

The information and all other materials on this Website are provided for general information purposes only and do not constitute professional advice. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Website or any website with which it is linked.

Your statutory rights as a consumer, if any, under federal and state law, including the State of New Jersey, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Exclusion of Liability

To the fullest extent permitted by applicable laws we, on behalf of our officers, directors, employees, agents, suppliers, and contractors, exclude AND DISCLAIM liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this website or any website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.

These Terms of Use give you specific legal rights and you may also have other rights which vary from country to country, and jurisdiction to jurisdiction. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case, the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. The limitations and exclusions set out in these Terms of Use are inapplicable within the State of New Jersey to the extent they disclaim liability for Crocs’ own negligent, willful, or intentional conduct, or violation of any clearly established duty owed by Crocs to exercise reasonable care in preventing the unlawful acts of others.

Your Obligations

You are responsible for providing and maintaining all personal computer and communications equipment and Internet access accounts necessary to gain access to this Website.

In consideration of your use of the Website, you agree to provide true, accurate, current and complete information about yourself.

Your account, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your password or username by you or by anyone else using your username and password, whether or not authorized by you. You agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password (contact Crocs at [email protected]) and until we are so notified you will remain liable for any unauthorized use of your account.

We may use personal information provided to us to detect and prevent payment abuse in order to protect the security of our customers. While our Customer Service team may, at times, make outbound calls to you for the purpose of verifying order information and relaying important information pertaining to your order, our questions will be limited to confirming information you provided in connection with your order. Full payment card information will never be requested and should not be disclosed. If you have any questions pertaining to an outbound call you received from us, please contact Crocs Payments at 833-585-1459.

You agree that we may invoice you and/or bill your credit card when we make the goods you purchased available for shipment at our distribution center and you agree to pay for such goods unless you return them pursuant to our Return Policy. For more information regarding your order, please visit our customer service homepage.

You agree to use the Website in a manner consistent with any and all applicable rules and regulations. You agree not to use any data mining, robots, or similar data gathering and extraction methods to obtain data from the Website. You also agree not to use bots or other automated methods to place orders through the Website. Crocs, may suspend you or terminate your account for exceeding rates, determined at Crocs’ sole discretion, of gathering information from or placing orders through the Website. You agree not to upload or transmit through the Website any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Website is strictly prohibited. Crocs reserves all rights and remedies available to it.

Your Indemnification Obligations

You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access or use of this Website (including any information, materials, products or services available through this Website), or related to any User-Generated Content you post on this Website.

Your indemnification obligation does not apply in the State of New Jersey for any claim, liability, loss, expense or demand, including legal fees, arising out of Crocs’ own negligence.

Modification and Discontinuation

We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Website (or any portion thereof) and/or the information, materials, products and/or services available through this Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Website.

Entire Understanding

These Terms of Use (together with our Privacy Policy, which is expressly incorporated herein) contain the entire understanding between you and us with respect to use of this Website and no representation, statement, inducement, oral or written, not contained herein shall bind any party to this agreement.

Severability and Non-Waiver

Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision, and a waiver by us of any right under these Terms of Use on any occasion will not in any way constitute a waiver of such right under these Terms of Use or any other right on any other occasion. In the event any provision of these Terms of Use is determined to be invalid, such invalidity will not affect the validity of the remaining portions of these Terms of Use, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. These Terms of Use will apply in lieu of and notwithstanding any specific legend or statement associated with any particular document or information exchanged.

Law & Jurisdiction

These Terms of Use shall be subject to, governed by and construed under the laws of the Province of Ontario in Canada, without regard to conflict of law principles. This Website is operated from the State of Colorado and is intended to be accessed only by persons in the United States and Canada. Access to, or use of, this Website or information, materials, products and/or services on this Website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Website.

You hereby consent and waive all objections to the exclusive jurisdiction of the courts of the Province of Ontario and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of this Website. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.

Contacting Us

If you have any questions regarding these Terms of Use or any other matter, you may refer to our Customer Service page or email one of our friendly Customer Service Specialists at [email protected].

You may also contact us at:

Crocs Canada, Inc.
1455 16th Avenue
Unit 7
Richmond Hill, ON
L4B 4W5
(866) 952-7627

Crocs.ca Privacy Policy

Our Privacy Policy has recently changed.
Effective Date of this version: May 25, 2018.

Thank you for visiting crocs.ca, including the Crocs online store. This Website is operated by Crocs Retail, LLC, located at 7477 East Dry Creek Parkway, Niwot, CO 80503. Your access to and use of this Website is subject to the following Privacy Policy and all applicable laws.

We understand your concerns about privacy and we want to assure you that Crocs takes privacy matters seriously. Therefore, we are providing this Privacy Policy explaining our online information practices and the choices you can make about the way your information, including your Personally Identifiable Information, is collected and used. If you have questions regarding this Privacy Policy, you may direct them to [email protected].

Your Consent

By submitting information to us and/or by using our Website, you give your consent that all information that you submit, including your Personally Identifiable Information, may be collected and processed by Crocs in the manner and for the purposes described below. If you do not agree to be bound by this Privacy Policy, you may not access or use this Website.

Definitions

The terms “Automatic Anonymous Information” and “AAI” refer to information we collect through this Website that does not, in and of itself, identify you personally. One example of AAI is your IP address.

The term “Content” refers to all of the software and code comprising or used to operate this Website, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Website.

The terms “Crocs,” “we,” “us,” and “our” refer to Crocs Retail, LLC.

The term “Feedback” refers to the Content you post on or through this Website that is specifically about how we can improve this Website and the products and services we make available through this Website.

The terms “Personally Identifiable Information” and “PII” refer to information about you that could permit one to identify or contact you. Examples of PII include your name, address, and email address.

The term “Privacy Policy” refers to this online privacy policy.

The term “User-Generated Content” refers to all of the text, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, and other material that you post on or through our Website using the social networking tools we make available to you and that does not constitute Feedback. One way that User-Generated Content differs from other information you provide to us is that, once submitted, User-Generated Content is made available on our Website to others. Examples of User-Generated Content are information you provide as part of a promotion and comments you make in response to a blog or social media post; Feedback is also considered User-Generated Content.

The term “Website” refers to crocs.ca, including the Crocs online store, which is owned and operated by Crocs Retail, LLC.

The terms “you” and “your” mean any user of this Website.

What Type of Information Does Crocs Collect?

We collect two types of information from visitors to the Website, “Automatic Anonymous Information,” or “AAI,” (which does not, in and of itself, identify you personally) and “Personally Identifiable Information,” or “PII” which is individually identifiable information about you that could permit one to identify or contact you.

Information You Manually Provide. We collect the information, including PII, you manually provide (using your keyboard, touchpad, and/or mouse) when you use our Website. At various places on the Website, we may request certain PII, such as your name, phone number, email, billing address, and shipping address. You may choose to provide PII to access or use certain features or services of the Website, such as making a purchase, registering on the Website, entering a contest or sweepstakes, filling out a survey, or providing Feedback. Where possible, we indicate which fields of information are required and which fields are optional. You can always choose not to provide information. If you choose not to provide information, however, you may not be able to access or use a particular service or feature on the Website.

Information From Third-Party Social Media Platforms. You may be able to register with, log on to, or enhance your profile on our Website by choosing to automatically populate the requested data fields with information you previously provided to a third-party social media platform. By doing this, you are asking, and providing consent for, the third-party platform to send us information from your profile on that platform. We treat that information as we do any other information you give to us when you register, log on, or enhance your profile.

Information Sent to Us by Your Web Browser. We collect information that is sent to us automatically by your web browser. It typically includes your IP address, the address of the web page you were visiting when you accessed our Website, the name of your operating system, the name and version of your browser, and the date and time of your visit. The information we receive depends on the settings on your web browser. Please check your browser if you want to learn what information your browser sends or how to change your settings. We use this information to improve the Content and functionality of this Website, and to better understand and serve our visitors. The information we receive from your web browser does not, in and of itself, identify you personally. However, we may combine it with other information in an attempt to identify you or we may combine it with information that does identify you.

Information From Your Mobile or Tablet Device. Likewise, if you access our Website through your mobile or tablet device, we may automatically collect certain information from or about your device. The types of information we may collect include the type of device you use, the IP address of your device, your device’s operating system, and the type of mobile or tablet Internet browsers you use.

Information Collected Using “Cookies” and Other Web Technologies. Most websites use “cookies” and/or similar technologies to place information about a user’s visit to that website in a small data text file that is stored on the user’s computer. Some browsers automatically accept cookies, but you may be able to configure your browser to prevent the use of cookies. Crocs may use cookies to make our services available or easier for you to use. For instance, we may use cookies to store preferences or items in your shopping cart between visits. PII may be among the types of information stored in a cookie. For example, if you choose the “remember me” option when logging on, we may store your email address in a cookie to expedite your future log-ons. We may also use cookies for the purpose of delivering “first party” advertisements to you.

Acceptance of cookies is not a requirement to browse our Website, however certain features and services may require the use of cookies to work properly, including our shopping cart and check-out features. If you would like to place an order on our Website without the use of cookies, please email Customer Service.

In addition to cookies, we may also use “web beacons” and other web technologies to manage our Website and email. A web beacon is a small bit of computer code. Web beacons may be used to count how many people visit a web page or tell us whether an email has been opened. We may link the information we collect using web beacons and other web technologies to PII.

More Information On “First Party” Advertising

First-party advertising works this way: When you visit our Website, we may deliver a cookie to your browser. When you leave our Website and travel elsewhere on the Internet, we may use the cookie to recognize you as someone who has visited our Website, to assume that you are interested in our products, and to deliver an advertisement to you that promotes our products. Although we may work with a vendor to deliver and read our first-party cookies and to serve advertisements on our behalf, our vendors may not use these first-party cookies to recognize you as someone who may be interested in the goods/services of the vendors’ other clients.

You can opt out of first-party advertising by clicking here. When you do, we will deliver an “opt-out” cookie to your browser. When you visit our Website in the future, the opt-out cookie will tell us that you have opted out of Crocs’ cookies for first-party targeted advertisements.

Please note that the opt-out cookie will only prevent delivery of first-party advertising cookies. First-party cookies are different than third-party cookies. Third-party cookies track your online behaviors across nonaffiliated websites for the purpose of delivering targeted advertisements not only for Crocs but for a variety of other companies. To learn more about online behavioral advertising and the choices you have about the delivery of third-party cookies, read the next section.

Cookies Delivered by Third Parties

In addition to the cookies we deliver to your computer through our Website, certain third parties may deliver cookies to you for a variety of reasons. For example, we use Google Analytics, a web analytics tool that helps us understand how visitors engage with our Website. To learn more about Google Analytics, click here. We also participate in Salesforce Audience Studio to better understand how you use our Website and apps across the various devices you use, and to deliver tailored marketing and promotions. Click here to learn more about how Salesforce does this. Other third parties may deliver cookies to your computer for the purpose of tracking your online behaviors across nonaffiliated websites and delivering targeted advertisements either on our Website or on other websites.

You have choices about the collection of information by third parties on our Website. For example, if you don’t want information about your visit to our Website sent to Google Analytics, you may download an Opt-out Browser Add-on by clicking here. Please note that the Add-on does not prevent information from being sent to Crocs.

In addition, if you would like to opt-out of having interest-based information collected by certain entities during your visits to our Website or other websites, please click here. You will be directed to an industry-developed website that contains mechanisms for choosing whether each listed entity may collect and use data for online behavioral advertising purposes. It may be that some of the third parties that collect interest-based information on our Website do not participate in the industry-developed opt-out website, in which case the best way to avoid third-party tracking of your online behaviors may be through your browser settings and deletion of cookies. Please note that the industry-developed opt-out mechanism described above is device specific. If you wish to opt-out from having interest-based information collected by participating entities across all devices, you need to visit the opt-out page from each device.

Our Use of Your Information

Generally, we use the information we collect through our Website:

to provide the information, products, and services you request;
to provide you with effective customer service;
to provide you with a personalized experience when you use our Website;
to contact you with information and notices related to your use of our Website;
to contact you with special offers and other information we believe will be of interest to you (in accordance with any privacy preferences you have expressed to us);
to invite you to participate in surveys and provide Feedback to us (in accordance with any privacy preferences you have expressed to us);
to improve the Content, functionality, and usability of our Website;
to better understand your needs and interests;
to improve our products and services;
to improve our marketing and promotional efforts;
for security, credit, or fraud prevention purposes; and
for any other purpose identified in an applicable privacy notice, click-through agreement, or other agreement between you and us.

More information on how we use PII collected as part of a contest or promotion. When you enter a contest or other promotion, we may ask you for certain PII to administer the contest, send you promotional emails, notify winners and make the winners’ list publicly available (pursuant to applicable law). Your consent to such promotional use and disclosure of this information generally is a condition of your participation. In cases where the contest or promotional offer is co-branded with or sponsored by another party, we may share your information with that party. Entering such contests and providing the required PII is solely your choice; you do not need to provide such information or enter such contests to browse or otherwise use this Website.

Your Choices

In General. We respect your right to make choices about the ways we collect, use, and disclose the information you provide on or through this Site. We strive to provide choices to you at a meaningful time and in a meaningful place. This Notice describes some of your other choices, such as your choice to opt out of receiving “cookies.”

Do Not Track Mechanisms. Your browser may deliver a “Do-Not-Track (‘DNT’) signal” to this Site. Because of the changing state of technology and indecision within the technology and marketing industries regarding the meaning of DNT signals, we currently do not make any guarantee that we will honor DNT signals.

Previously Expressed Preferences. You may be able to change previously expressed preferences regarding how we use information you provide on or through this Site. For example, if you have provided your contact information and receive periodic emails from us, you may decide to stop receiving those emails by clicking the “unsubscribe” link in an email’s footer. You may be able to change other preferences through an account you create on this Site. Otherwise, please contact us using the information provided above.

Steps We Take to Safeguard your Information

We maintain reasonable administrative, physical and technological measures to protect the confidentiality and security of information you submit on or through our Website in accordance with applicable legislation and regulations. For example, when collecting credit card information for online purchases, we offer secured-service transactions that encrypt your information in transit to thwart others from intercepting or misusing it.

Unfortunately, no website, server, or database is completely secure or “hacker proof.” We therefore cannot guarantee that your PII will not be disclosed, misused or lost by accident or by the unauthorized acts of others. Further, we cannot control dissemination or use of PII contained in User-Generated Content you post on or through our Website, and you should have no expectation of privacy in such information.

How Does Crocs Share the Information it Receives?

Crocs may share the AAI and/or PII submitted on or through this Website in the following ways:

Third–Party Service Providers. Crocs shares information collected through this Website with third-party service providers who act for or on its behalf. For example, we may use third-party vendors to design, operate, and/or host our Website; to conduct surveys; and to help us with our promotional efforts. These third parties may need information about you to perform their functions. Typically, third-party service providers who receive PII are bound by contract to use it only on our behalf. However, our third-party service providers may be allowed to use two types of information collected through this Website for their own marketing purposes and/or to market the products and services of their other clients. First, we may permit third-party service providers to use aggregate information about how users of this Site behave to market either their own products and services or the products and services of their other clients. Aggregate information provides a picture of how our users behave collectively—it typically does not provide a picture of how any single individual has behaved on our site. Second, we may permit third-party service providers to use AAI collected through this Website to market either their own products and services or the products and services of their other clients. AAI is information about a particular individual (such as a user’s IP address) but it does not, standing alone, identify the individual.

We disclose PII to Olapic Inc. and the Olapic affiliates Olapic Ltd. (UK) and Olapic Argentina S.A. and Monotype Imaging Inc. (collectively, “Olapic”) which process the following personal data from social media users and users of our web site to gather and make available images from social media platforms:

Social media users: Email-Address, image, IP address, location, social media username and timestamp
Users accessing the web site: IP address, timestamp and, in case of a purchase, purchased product ID, transaction ID, transaction price, date of purchase, unique ID (that we have assigned to a user), email-address, and username (if provided by a user to us)

Olapic may transmit your personal data to further external third parties as described in their privacy policy which is accessible at www.olapic.com/privacy-policy

For more information about behavioral advertising, see the “Cookies Delivered by Third Parties” section above.

Other Users of This Website. The User-Generated Content you submit on or through our Website is available to others who visit our Website. Any PII contained in User-Generated Content you submit can be read, collected, shared, or used by others, and could be used to send you unsolicited messages. In addition, we may use User-Generated Content you submit on or through our Website for advertising campaigns and other promotions. We may or may not use your name in connection with such use, and we may or may not seek your consent before using the User-Generated Content for such purposes. Therefore, you should have no expectation of privacy with respect to User-Generated Content you submit on or through our Website. You should not submit any User-Generated Content you do not wish to make available to the general public, and you must take special care to make sure your submissions comply with our Terms of Use. In particular, your submissions must not violate the privacy or other rights of others.

Third-Party Social Media Platforms. We may share your email address or phone number with a third-party social media platform to confirm that you use the platform so that we can effectively advertise to you through it. Receiving your email address or phone number for this purpose informs these third-party social media platforms that you are a Crocs customer, and they may be allowed to use this information about you for their own marketing purposes. However, we prohibit third-party social media platforms from retaining or using any email address or phone number we provide to them that does not match one they already possess. In addition, we may provide functionality on our Website that allows you to automatically post information about the actions you take on our Website to a third-party social media platform. If you choose to take advantage of this functionality, people with access to your profile on the third-party platform may be able to see the actions you have taken—for example, the items you have purchased. Thus, you should have no expectation of privacy in those actions. Further, if you choose to link your profile on our Website with an account on a third-party social media platform, we may share the information in your profile with that third-party platform.

Affiliates and Subsidiaries. We may share your information with our affiliates and subsidiaries for their own marketing purposes. Before doing so, however, we may offer you the opportunity to “opt out” or “opt in” as required by applicable law.

Business Partners. From time to time, we may share your information with selected third parties (other than our service providers, affiliates, or subsidiaries) for their own marketing purposes, in accordance with applicable law. For example, in cases where a contest or promotional offer is co-branded with or sponsored by another party, you may not be able to opt out of our sharing your information with that party. Rather, you should not participate in the contest or promotion if you do not want us to share your information with our co-sponsor.

Business Negotiations. We may contemplate, for strategic or other reasons, selling, buying, merging, or otherwise reorganizing one or more of our businesses. In negotiating with a third party about entering into such an arrangement, and in completing the transaction, we may need to disclose your information. In such cases, we will take reasonable measures to protect the information we disclose, for example, by requiring a prospective purchaser to sign a non-disclosure agreement limiting the use and protecting the confidentiality of the information.

Business Transfers. We may transfer the information you submit on or through our Website to any organization that, in whole or in part, acquires or merges with us, prior to and in connection with such transaction. Such information will be protected to the extent required by law.

Compliance With Laws and Protection of Our Rights and the Rights of Others. Crocs may be obligated to cooperate with various law enforcement inquiries. Crocs reserves the right to share or transfer your information to comply with a legal requirement and to disclose any activities or information about you to law enforcement or other government officials as we, in our sole discretion, determine necessary or appropriate, in connection with an investigation of fraud, for the administration of justice, intellectual property infringements, or other activity that is illegal or may expose us or you to legal liability.

As Described in a Privacy Notice. We reserve the right to disclose your information as described in any privacy notice posted on a page of our Website where you provide that information. By providing your information on that page you will be consenting to the disclosure of your information as described in that privacy notice.

As Described in a Click–Through Agreement. We reserve the right to disclose your information as described in any click–through agreement to which you have agreed.

Links to Other Sites

This Privacy Policy applies only to our Website. You may visit other websites, through links on our Website, which may collect, use and share your PII or AAI in accordance with their own privacy policies. The information practices of those websites linking from or to our Website are not covered by this Privacy Policy and we are not responsible for the privacy practices of such linked sites. We encourage you to be very cautious before you disclose your PII to others. If you register for Crocs on another website or use a website providing a service for Crocs, that website may provide PII or AAI about you and your transactions back to Crocs.

Accessing and Updating Your Information

You always have the opportunity to review and change the information you provide to us by logging into the Website and entering in the new information yourself. You can edit your name, contact information and preferences by logging into the “My Account” section of the site.

A Special Note About Children’s Privacy

You must be at least 13 years old to have our permission to use this Website, and at least 18 years old to register on our site or make any purchases in our online store. We do not knowingly collect, use or disclose PII from or about visitors under 13 years of age. If you are under the age of 13, you can use this service only in conjunction with your parent’s or guardian’s permission.

Privacy Policy Changes

Crocs reserves the right to change, modify, add or remove portions of this Privacy Policy at any time and without prior notice, by posting the revised version of this Privacy Policy on the Website. Your use of our Website following any such change constitutes your agreement that all information collected from or about you through the Website after the revised Privacy Policy is posted will be subject to the terms of the revised Privacy Policy.

To alert you to these changes, we will provide a notice at the top of this Privacy Policy for at least 30 days after the new effective date. Unless the change is a minor change (such as a change in our contact information) or a non-substantive change (such as the reformatting of our Privacy Policy), we will also post notices (a) on our home page and/or on the relevant pages of our Website and (b) on any notice providing highlights of this Privacy Policy for 30 days after the new effective date to alert you to the change.

From time to time, for example, because of changes in the law or technology or the way we operate our business, we may ask your permission to use the information we have collected from you in new or different ways. We will do this by sending you a notice by email at the last email address you provided us, asking you to agree to the change. If you do not expressly agree to the change, we may, at our discretion, delete all or some of your PII from our databases to avoid using your information in ways to which you have not consented.

You may access the current version of this Privacy Policy at any time by clicking on the link marked “Privacy Policy” at the bottom of each page of our Website.

Transfer of Data Abroad

If you are visiting this Website from a country other than the United States, the various communications will necessarily result in the transfer of information across international boundaries. By visiting this Website and communicating electronically with us, you consent to the collection, use, processing, storage, and transfer of your data as set out in this Privacy Policy.

Governing Law

This Privacy Policy forms part of our Website Terms of Use and as such shall be governed by and construed in accordance with the laws of the State of Colorado in the United States of America without regard to conflicts of a law principles. You hereby consent and waive all objections to jurisdiction of the federal and state courts of the state Colorado and to venue therein.

Contacting Crocs with Questions or Comments

If you have further questions about Crocs’ Privacy Policy or comments on how we can improve the Crocs shopping experience, please do not hesitate to email us at [email protected].

Need more help? You can refer to our Help Center or email one of our friendly Customer Service Specialists at [email protected].