1. Scope and Consent
1.2 The operator of the Website is Bally Americas, Inc. ('Bally', 'our', 'we', or 'us'), which is located at 750 Lexington Avenue, 21st Floor, New York, New York 10022.
1.3 As indicated in the General Terms and Conditions of Sale, Bally manages the Website's online store, which involves managing activities such as processing orders, delivering products, and processing returns as well as other activities necessary to facilitate the sale of products via the Website. To perform these activities, Bally may process users' information (including name, address, and credit card information).
1.6 This information may be integrated with further personal information collected also in our stores.
1.7 The data controller of the Website is Bally Shoe Factories Ltd.Bally Schuhfabriken AG, with registered office in Via Industria 1, 6987 - Caslano (Switzerland) ('Bally', 'we', or 'us'). Bally is part of a group portfolio companies (the “Group”) whose holding company is JAB Luxury GmbH, a Swiss company whose registered office is in Via Industria 1, 6987 - Caslano (Switzerland) (“JAB”).
1.8 Your data may be also communicated to JAB which will process it as independent data controller.
2. Collection of Data
2.1 A user can browse the Website without telling us who he/she is or revealing any personal information about himself/herself. If a user chooses to provide us with personal information (e.g., in connection with the use of the services and features offered through the Website), however, then he/she is no longer anonymous to us.
2.2 We collect the following types of information (collectively 'Data') in order to provide users with the use of and access to the Website and/or the services and features offered through the Website as well as to help us personalize and improve users' experiences on the Website:
(b) Information provided voluntarily by users: users may provide personal information to us voluntarily, such as when contacting us (e.g., via email), interacting with the Website's features, making requests for services offered through the Website, completing forms to access protected sections of the Website, and purchasing products through the online store. The personal information voluntarily provided by users may include, but is not limited to, name, gender, email address, phone number, address, financial information (such as credit card and/or bank account numbers), as well as shipping, billing, and other information that users provide to purchase products through the Website and any other personal information that we may ask users to provide to use our services.
3.1 The Website uses certain tools, such as cookies, to automatically collect Data. A cookie is a small text file that is used to store information on a user's Internet browser or a user's computer's hard drive when the user visits a website, such as the Website. A cookie does not contain information that identifies a person, but it allows for the linking of a user's computer to the information provided by the user on the Website (such as, for example, linking a user's IP address and other information about the user's experience on the Website to his/her preferences expressed while choosing services and purchasing products offered through the Website). Cookies are disseminated by servers and no one may gain access to information contained therein. The information stored in cookies is gathered directly and automatically by the Website and is processed in an aggregate and anonymous manner.
3.3 Minimum age limit
It is very important for Bally to protect the personal information of children. Although local laws and regulations have different definitions of children, we regard anyone under 16 years as a child. Children are not allowed to create their own user accounts without the consent of their parents or legal guardians. If you are under 16 years old, please purchase our products directly or indirectly through your guardian's account with the consent of your guardian. If we find that we have collected personal information about a child without the prior consent of a verifiable parent, the data will be deleted as soon as possible. If you have concerns about your child's privacy, or if you think your child may have entered personal data, please send an email to firstname.lastname@example.org.
4. Data submission
4.1 Users may be required to provide certain Data to us to create an account on the Website and to access the services and features offered through the Website, including the online store and the relevant e-commerce services. Failure to provide Data to us may prevent a user from accessing and using the services and features offered through the Website.
5. Use of Data
5.1 Bally may use Data for the following purposes:
(a) to manage and improve the Website and the services we provide through the Website, such as by better tailoring our content to our users' needs and preferences;
(b) to manage the security of the Website and Data collected via the Website;
(c) to provide the e-commerce services offered through the Website;
(d) to provide other services requested by users, as described when we collect the Data;
(e) to prevent, detect, and investigate fraud, security breaches, violations of law, and other misuse of the Website, and to enforce our General Terms and Conditions of Sale and General Terms and Conditions of Use;
(f) for market research and statistical processing; and
(g) to contact users for other purposes authorized by law.
5.2 Furthermore, with the user's consent that is free and optional, Bally may also process Data for purposes of defining individual or group profiles (user profiling) and for marketing purposes, notably to send to user, by electronic and other means, including but not limited to through newsletters, emails, text messages (SMS), multimedia messages (MMS) and/or instant messages (e.g. via applications such as What’s App, WeChat, etc.) information and updates on Bally products or initiatives, offers, exclusive sales, promotional campaigns and on the events, shows and similar events organized by Bally or to which Bally takes part to, including invitation to such event. The user has always the possibility to object the processing of his/her Data for marketing purposes and/or the delivery of promotional information through email at email@example.com.
5.3 We do not sell users' Data to third parties for their marketing purposes without users' explicit consent. We may combine users' Data with information we collect from other sources and use it to improve and personalize our advertising and marketing to users.
6. Storing and Protecting Data
6.1 Data collected will be stored and processed via an electronic system located in Bally and elsewhere in the world.
We retain your personal data for 7 years from the subscription date for the purposes specified in the paragraph 6. However, in some circumstances, we may retain personal data for longer periods of time, for instance where we are required to do so in accordance with legal, tax and accounting requirements. After this period, your data will be permanently erased or otherwise rendered anonymous in an irreversible way.
6.2 We protect users' Data by using technical and administrative security measures to reduce the risk of loss, misuse, and unauthorized access, disclosure, and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access controls.
7. Data Communication and Disclosure
7.1 Data will be accessible by Bally personnel, including employees and external contractors.
7.2 We may also share users' Data with:
(a) any other company within the Group located in countries inside and/or outside of the United States. All security and privacy measures have been put in place at the group level in order to ensure an adequate level of data protection irrespective of the geographic location of each Group company that is the receipt of Data. Members of the Group may use Data to send marketing communications only if a user has consented to such use, and each Group company will use Data in compliance with its privacy policies and applicable law;
(b) professionals, independent consultants, credit bureaus, banks, financial institutions, and other third parties that Bally may rely on for the performance of technical and organizational services, including service providers under contract that help with our business operations (such as, but not limited to, Website operations, payment services, shipments, fraud investigations, bill collection, and affiliate and rewards programs);
(d) law enforcement or regulatory agencies, or authorized third parties, in response to a verified request relating to a criminal investigation or alleged illegal activity or any other activity through the Website that may expose us and/or the user to legal liability; and
7.3 The aforementioned third parties that may receive users' Data will process that Data for the same purposes as specified above and in accordance with applicable law. Bally will retain a list of the third parties with which Data is shared, which will be available upon request.
8. Third Party Websites
9. Users' Choices
9.1 Users are entitled to obtain, at any time, a copy of their personal information and to have any inaccuracies corrected. Where appropriate, users may have their personal information deleted, corrected, amended, or completed. To do so, please write to us at Bally Americas, Inc., 750 Lexington Avenue, 21st Floor, New York, New York 10022 or send an email to firstname.lastname@example.org.
9.2 Users may revoke, at any time, consent to the delivery of commercial and promotional material via email by clicking the 'unsubscribe' link in every commercial communication sent by Bally and/or other companies of the Bally Group.