Privacy Notice of Patagonia Europe Coöperatief U.A.

This privacy notice governs how Patagonia Europe Coöperatief U.A. (“Patagonia”, “we”, “our” or “us”) collects, uses, maintains and discloses information collected from users (each, a "User" or “you”) of the eu.patagonia.com website (the “Site”) and customers in the retail stores we operate in Europe.

1. What is personal data?
   Personal data encompasses any information that can be directly or indirectly linked to you. Examples include your name, address, email address, telephone number, payment details, and purchase history. Additionally, usage history, IP address, and member ID are also considered personal data, as are any other types of information you may provide when contacting our customer service.

2. Who is the controller of your personal data?
   Patagonia is responsible for the processing of personal data obtained through the Site or through our retail stores in accordance with the EU General Data Protection Regulation (GDPR) and other applicable laws and regulations, because we determine how and why your personal data is processed. See Contacting us below for how to contact us.

3. What personal data do we process, for what purposes and on what grounds?

   Personal data (categories)	Purposes of processing	Legal basis
   Personal Information, which consists of: Contact Information (first and last name; postal address; billing address; shipping address; email address and telephone number) and gender, language preference and sport interests	To create an account on our website; to sign you up for our PRO Community or the Retail VIP List; to fulfil your orders, process payments and manage returns and refunds; to inform you about your order and/or products that are back in stock; to complete a purchase in a retail store or online; to provide you with product repair services; to send you event notification e-mails and product review e-mails; to publish your product review; to send you our newsletters; to send you targeted e-mails based on your purchase history and your profile; to send you ProCommunity e-mails; to create and manage targeted advertising campaigns by using third party online advertising tools; to send you emails about products similar to those you purchased; to participate in a petition; to ask for User feedback; to record telephone conversations in order to improve the customer experience; to make back-ups; to detect fraudulent activities on our website; and to respond to binding requests or orders from authorities and courts and comply with relevant legal and regulatory requirements.	Performance of our contract; explicit consent of the User; our legitimate interest to improve the quality of our products and services; or compliance with a legal obligation
   Survey Data, which consists of: feedback in surveys; product reviews; customer service reviews; photos uploaded when providing product reviews; videos uploaded when providing product reviews	To send you our newsletters and surveys and to respond to binding requests or orders from authorities and courts and comply with relevant legal and regulatory requirements.	Explicit consent of the User; or compliance with a legal obligation
   Details of Purchases, which consists of: details of (un)completed purchases; details of returned goods; and correspondence exchanged between User and customer service team	To fulfil your orders placed on our website; to process payments and refunds; to address customer service concerns; to remind you by email of non-completion of an intended purchase and to respond to binding requests or orders from authorities and courts and comply with relevant legal and regulatory requirements.	Performance of our contract; our legitimate interests for easy completion of an intended purchase or compliance with a legal obligation
   Website Interaction Data, which consists of: Universal Unique identifier (UUID); Google Analytics User ID and IP address	To use cookies, Google Analytics, JavaScript, HTML 5 and other digital technologies to improve site functionality by tracking usage; to measure the effectiveness of our ads and other communications on social media platforms; to provide social media functionality; and to respond to binding requests or orders from authorities and courts and comply with relevant legal and regulatory requirements.	Explicit consent of the User; or compliance with a legal obligation
   Profiling Data, which consists of: Details of purchases and returns over the last 24 months.	To build a profile based on the purchases and returns of the User and to respond to binding requests or orders from authorities and courts and comply with relevant legal and regulatory requirements. Your purchasing behaviour, which consists of the details of your purchases and returns limited to the last 24 months, will be used by us to build a profile on the basis that this processing is compatible with the purpose for which this information was initially collected. We will use your profile in order to send you emails about products that may be relevant to you only if you consented to receive such emails.	Explicit consent of the User, Performance of our contract; or compliance with a legal obligation

   Personal data (categories)

   Personal Information, which consists of: Contact Information (first and last name; postal address; billing address; shipping address; email address and telephone number) and gender, language preference and sport interests

   Purposes of processing

   To create an account on our website; to sign you up for our PRO Community or the Retail VIP List; to fulfil your orders, process payments and manage returns and refunds; to inform you about your order and/or products that are back in stock; to complete a purchase in a retail store or online; to provide you with product repair services; to send you event notification e-mails and product review e-mails; to publish your product review; to send you our newsletters; to send you targeted e-mails based on your purchase history and your profile; to send you ProCommunity e-mails; to create and manage targeted advertising campaigns by using third party online advertising tools; to send you emails about products similar to those you purchased; to participate in a petition; to ask for User feedback; to record telephone conversations in order to improve the customer experience; to make back-ups; to detect fraudulent activities on our website; and to respond to binding requests or orders from authorities and courts and comply with relevant legal and regulatory requirements.

   Legal basis

   Performance of our contract; explicit consent of the User; our legitimate interest to improve the quality of our products and services; or compliance with a legal obligation

   Personal data (categories)

   Survey Data, which consists of: feedback in surveys; product reviews; customer service reviews; photos uploaded when providing product reviews; videos uploaded when providing product reviews

   Purposes of processing

   To send you our newsletters and surveys and to respond to binding requests or orders from authorities and courts and comply with relevant legal and regulatory requirements.

   Legal basis

   Explicit consent of the User; or compliance with a legal obligation

   Personal data (categories)

   Details of Purchases, which consists of: details of (un)completed purchases; details of returned goods; and correspondence exchanged between User and customer service team

   Purposes of processing

   To fulfil your orders placed on our website; to process payments and refunds; to address customer service concerns; to remind you by email of non-completion of an intended purchase and to respond to binding requests or orders from authorities and courts and comply with relevant legal and regulatory requirements.

   Legal basis

   Performance of our contract; our legitimate interests for easy completion of an intended purchase or compliance with a legal obligation

   Personal data (categories)

   Website Interaction Data, which consists of: Universal Unique identifier (UUID); Google Analytics User ID and IP address

   Purposes of processing

   To use cookies, Google Analytics, JavaScript, HTML 5 and other digital technologies to improve site functionality by tracking usage; to measure the effectiveness of our ads and other communications on social media platforms; to provide social media functionality; and to respond to binding requests or orders from authorities and courts and comply with relevant legal and regulatory requirements.

   Legal basis

   Explicit consent of the User; or compliance with a legal obligation

   Personal data (categories)

   Profiling Data, which consists of: Details of purchases and returns over the last 24 months.

   Purposes of processing

   To build a profile based on the purchases and returns of the User and to respond to binding requests or orders from authorities and courts and comply with relevant legal and regulatory requirements. Your purchasing behaviour, which consists of the details of your purchases and returns limited to the last 24 months, will be used by us to build a profile on the basis that this processing is compatible with the purpose for which this information was initially collected. We will use your profile in order to send you emails about products that may be relevant to you only if you consented to receive such emails.

   Legal basis

   Explicit consent of the User, Performance of our contract; or compliance with a legal obligation

4. How long will we keep your personal data
   The time for which we will keep your data will depend on the purposes for which we process them, as explained below.
   

   Purpose	Retention period
   Management of platform user registration	We will process your data for the duration of your registration as a user on our platform, until you choose to unsubscribe.
   Development, execution, and performance of the purchase or service agreement.	Your data will be processed for the duration necessary to manage the purchase of products or services you acquire, including handling potential returns, complaints, or claims related to your purchases. Some data, such as payment (card) details stored for future purchases (where applicable), will be processed until you decide otherwise.
   Customer support	Your data will be processed for the duration necessary to address your requests or applications for customer support.
   Marketing	We will process your data until you unsubscribe or cancel your newsletter subscription. Additionally, personalized ads will be displayed until you modify your mobile or browser settings to revoke permission.
   Evaluation of usability and quality	Your data will be processed intermittently for the duration of specific quality actions, surveys, or until your browsing data is anonymized.
   Legal obligations, dispute resolution, and enforcement of our agreements	Your data will be processed until it is no longer necessary for the intended purpose

   The storage period of personal data processed by our service providers and other third parties (see below) who are independent controllers is determined by their respective privacy notices.

5. Your right to opt-out
   You have the right to opt-out of the use of your personal data by Patagonia for our mailing list or other direct marketing purposes at any time. You may do so by either clicking the unsubscribe option at the bottom of each email or by making a request to us through our data subject access request portal located here.
   You can opt-out of the processing of your personal data for the purpose of building a profile as described above by making a request to us through our data subject access request portal located here.

6. Your rights in relation to your personal data
   It is important to us that your personal data is up to date and that you can exercise your rights under the GDPR. Under the GDPR, as a data subject you have the following rights:

   Your right	What does it mean?	Limitations and conditions of your right
   Right of access	Subject to certain conditions, you are entitled to have access to your personal data (this is more commonly known as submitting a “data subject access request”).	If possible, you should specify the type of information you would like to see to ensure that our disclosure is meeting your expectations. We must be able to verify your identity. Your request may not impact the rights and freedoms of other people, e.g., privacy and confidentiality rights of other staff.
   Right to data portability	Subject to certain conditions, you are entitled to receive the personal data which you have provided to us and which is processed by us by automated means, in a structured, commonly-used, machine readable format.	If you exercise this right, you should specify the type of information you would like to receive (and where we should send it) where possible to ensure that our disclosure is meeting your expectations. This right only applies if the processing is based on your consent or on our contract with you and when the processing is carried out by automated means (i.e., not for paper records). It covers only the personal data that has been provided to us by you.
   Rights in relation to inaccurate personal or incomplete data	You may challenge the accuracy or completeness of your personal data and have it corrected or completed, as applicable.	This right only applies to your own personal data. When exercising this right, please be as specific as possible.
   Right to object to or restrict our data processing	Subject to certain conditions, you have the right to object to or ask us to restrict the processing of your personal data.	As stated above, this right applies where our processing of your personal data is necessary for our legitimate interests.
   Right to erasure	Subject to certain conditions, you are entitled to have your personal data erased (also known as the “right to be forgotten”), e.g., where your personal data is no longer needed for the purposes it was collected for, or where the relevant processing is unlawful.	We may not be in a position to erase your personal data, if, for example, we need it to (i) comply with a legal obligation, or (ii) exercise or defend legal claims.
   Right to withdraw consent	As stated above, where our processing of your personal data is based on your consent you have the right to withdraw your consent at any time.	If you withdraw your consent, this will only take effect for future processing.

   Your right

   Right of access

   What does it mean?

   Subject to certain conditions, you are entitled to have access to your personal data (this is more commonly known as submitting a “data subject access request”).

   Limitations and conditions of your right

   If possible, you should specify the type of information you would like to see to ensure that our disclosure is meeting your expectations. We must be able to verify your identity. Your request may not impact the rights and freedoms of other people, e.g., privacy and confidentiality rights of other staff.

   Your right

   Right to data portability

   What does it mean?

   Subject to certain conditions, you are entitled to receive the personal data which you have provided to us and which is processed by us by automated means, in a structured, commonly-used, machine readable format.

   Limitations and conditions of your right

   If you exercise this right, you should specify the type of information you would like to receive (and where we should send it) where possible to ensure that our disclosure is meeting your expectations. This right only applies if the processing is based on your consent or on our contract with you and when the processing is carried out by automated means (i.e., not for paper records). It covers only the personal data that has been provided to us by you.

   Your right

   Rights in relation to inaccurate personal or incomplete data

   What does it mean?

   You may challenge the accuracy or completeness of your personal data and have it corrected or completed, as applicable.

   Limitations and conditions of your right

   This right only applies to your own personal data. When exercising this right, please be as specific as possible.

   Your right

   Right to object to or restrict our data processing

   What does it mean?

   Subject to certain conditions, you have the right to object to or ask us to restrict the processing of your personal data.

   Limitations and conditions of your right

   As stated above, this right applies where our processing of your personal data is necessary for our legitimate interests.

   Your right

   Right to erasure

   What does it mean?

   Subject to certain conditions, you are entitled to have your personal data erased (also known as the “right to be forgotten”), e.g., where your personal data is no longer needed for the purposes it was collected for, or where the relevant processing is unlawful.

   Limitations and conditions of your right

   We may not be in a position to erase your personal data, if, for example, we need it to (i) comply with a legal obligation, or (ii) exercise or defend legal claims.

   Your right

   Right to withdraw consent

   What does it mean?

   As stated above, where our processing of your personal data is based on your consent you have the right to withdraw your consent at any time.

   Limitations and conditions of your right

   If you withdraw your consent, this will only take effect for future processing.

   We aim to deal with your question, request or complaint within four (4) weeks of receipt of such statement. In the unlikely event that the manner in which we have dealt with your question, request or complaint does not meet your expectations, you have the right to file a complaint with the supervisory authority in the country of residence.
   You can submit a request to us through our data subject access request portal located here. Please note that if you request the removal of or restrict the processing of some or all of your personal data, we may not be in able to meet our contractual obligations with you or respond adequately to your customer service queries. There might also be circumstances in which we cannot accommodate a request, if that would pre-empt us from fulfilling certain legal obligations under applicable law.

7. Providing and sharing your personal data
   Your personal data is available and accessible only by those who need the data to accomplish the intended processing purpose. We may share your personal data within our Group companies, with sub-contractors, partners and other third parties whenever needed to fulfil the intended processing purpose.
   Our Group Companies
   Patagonia employees, including some employees based in the United States, may have access to your personal data. Access rights of our employees are limited and granted only on a need to know basis, determined based on their job functions and roles. Access to personal data within the Group company could involve actions such as combining PAW customer data with Patagonia e-commerce customer data into a unified database for analytical purposes.
   Services Providers and other Third Parties
   Patagonia may also receive and/or disclose your personal data from/with third parties including the below:

   Purpose	Category of recipients
   Parcel delivery	Logistical and transport services (Postal services, carriers and shipment service suppliers
   Payment processing	Payment service providers
   Order fulfilment	Order status communication providers, Order management system providers, Address verification service providers, Ecommerce platform providers
   Fraud and loss prevention	Fraud engine providers
   To manage customer relationships	CRM providers
   To maintain the integrity and credibility of the review systems	Online user review service providers
   Customer care	Product repair centers
   Optimizing business processes, streamlining workflows, and improving overall operational efficiency	Workflow software suppliers
   Marketing and promotion	Event management platforms, Social media platforms, online advertising platforms, online fundraising platforms, Petition organizers
   Enhanced conversions	Google Ads

   To the extent that such third parties are data processors, they are contractually bound by Patagonia to only process data in accordance with Patagonia’s instructions and applicable legal requirements. Some of these third parties, for example logistics providers, petition organizers and event management platforms, are independent controllers, meaning that they determine the purposes for which and the manner in which your personal data is processed. For transfers of data to third parties outside the EEA, please see below.
   Transfers outside the EEA
   For our customers in Germany only: We offer Klarna Pay Later as a payment method for checkout. This means that we might transfer your personal data in the form of contact and order details to Klarna when the checkout is loaded, in order for Klarna to manage your purchase. Your personal data transferred is processed in line with Klarna’s own privacy notice.
   All transfers of personal data to either Patagonia employees, our affiliated group companies or to third parties who are located outside the European Economic Area (comprising all the EU countries plus Iceland, Liechtenstein and Norway) are subject to the EU Standard Contractual Clauses.

8. Children's Privacy
   While we also sell clothes suitable for everyone from age 0 to <18 years of age, we do not knowingly collect personally data from anyone under the age of 18 (“Children”). If you are a parent or guardian and you are aware that your child has provided us with personal data, please contact us. If we become aware that we have collected personal data from Children without verification of parental consent, we will take steps to remove that information.
9. Links with third party websites and social media
   Users may find advertising or other content on the Site that link to the sites and services of Patagonia’s partners, suppliers, advertisers, sponsors, licensors, social media and other third parties. Patagonia does not control the content or links that appear on these sites/social media outlets and is not responsible for the practices employed by websites/social media outlets linked to or from the Site, except for official Patagonia campaigns or official Patagonia social media posts. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interacting on websites and social media outlets which have a link to the Site is subject to that website's or social media outlet’s own terms and policies.
10. Changes to this privacy notice
    Patagonia has the discretion to update this privacy notice at any time. When Patagonia does, Patagonia will revise the updated date at the bottom of this page. Patagonia encourages the Users to frequently check this page for any changes to stay informed about how Patagonia is helping to protect the personal information Patagonia collects.
11. Contacting us
    For questions about this privacy notice or the practices of the Site, you can contact Patagonia at Jollemanhof 11, 1019 GW Amsterdam, The Netherlands or via email at privacyandterms@patagonia.com.
    This document was last updated on February 28th, 2024.