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PRIVACY AND COOKIE POLICY

Last modified: May 22, 2018

About this Policy

Data privacy is very important for K Swiss Global Brands (“KSGB”, "we" or "us") and we want to be transparent about our processing of your personal data. We therefore have this privacy and cookie policy (“Policy”) that establishes how your personal data will be processed and protected by KSGB. This Policy outlines

  • How do I disable cookies
  • When and why we collect personal data about you when you use an official European K-Swiss websites (www.kswiss.eu, www.kswiss.nl, www.kswiss.de, www.kswiss.fr, www.kswiss.co.uk)
  • the types of personal data collected when you use our Website;
  • The legal basis on which we process your personal data;
  • How we use your personal data;
  • The third parties we will share your personal data with;
  • Your rights and the options you have to control your personal data and protect your privacy;
  • How we keep your personal data secure;
  • How long we keep your personal data; and
  • How you can contact us.

Who is responsible for processing your personal data?

KSGB Europe SAS controls the personal data you submit to us and as a controller is responsible for the processing of your personal data under applicable data protection laws.

How do we protect your personal data?

We are committed to protecting your personal data. We use a variety of technical and organizational security measures, including encryption and authentication tools to protect your personal data against accidental or unlawful processing, destruction or loss, alteration, unauthorized disclosure or access. Your personal data is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to those systems.

For how long do we keep your personal data?

KSGB will keep your personal data for as long as necessary for the particular purpose(s) for which it was collected, unless a longer or shorter retention period is required by law, is necessary in the course of legal proceedings, or is otherwise necessary for a particular purpose under applicable laws. For example, we keep your records of contracts, payments and provision of goods for 5 years as required by law.

We will ensure that any other party that processes your personal data on our behalf complies with the same retention periods. More information on specific retention periods can be found under every specific processing as outlined below.

Where do we store your personal data?

The data that we collect from you is stored within the European Economic Area (“EEA”), but may also be transferred to and processed in a country outside of the EEA. Any such transfer of your personal data will be carried out in compliance with applicable laws. The laws in those countries may not provide the same level of data protection compared to the country in which you initially provided your data.

For transfers outside the EEA, we will take appropriate measures to ensure that your personal data is adequately protected. Typically, but not exclusively, such measures will include the use of the EU-US Privacy Shield or Standard Contractual Clauses. To obtain a copy of these safeguards please contact us.

With whom do we share your personal data?

KSGB Group Entities

Your data may be shared with entities within the KSGB Group. A complete list of KSGB Group entities can be provided upon request. We never sell, rent or trade your personal data to/with third parties outside the KSGB Group, nor do we share such information with third parties, except as described in this Policy.

The companies within the KSGB Group that process your personal data will only act as the personal data processor and process the personal data on behalf of KSGB Europe SAS.

Service Providers

We may disclose your personal data to third parties who are service providers, agents and subcontractors to us for the purposes of completing tasks and providing services to you on our behalf. We disclose only the personal data that is necessary for the third party to deliver the service and we have a contract in place that requires them to keep your information secure and confidential and not to use it for their own purposes, but only use it for the purpose of performing those services and in accordance with the instructions of KSGB and the applicable laws. Examples of these services include hosting, payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfilment and shipping, marketing and promotional material distribution, website evaluation, data analysis and, where applicable, data cleansing. We may need to share personal data with these third parties so that they can perform these services.

We will only share your personal information as necessary and only for the purposes and on the lawful grounds described in this Policy and as outline below with respect to the specific the categories of third parties under every specific processing outlined below.

These service providers that process your personal data will only act as the personal data processor and process the personal data on behalf of KSGB Europe SAS.

Legal and Law Enforcement Agencies

We may release personal data if we believe in good faith that: the law or legal process requires it; if we have received a valid administrative request from a law enforcement agency; to protect your vital interest; or such release is necessary to protect the rights, property or safety of KSGB, our users, any of our respective affiliates, or our business partners.

Why do we collect and use your personal data?

For every specific processing of personal data that we have collected from you, we will inform you about the purposes for processing your personal data as outlined below.

What is the legal basis for processing personal data?

For every specific processing of personal data that we have collected from you, we will inform you about the legal basis for processing your personal data and whether it is an obligation to provide the personal data and possible consequences if you choose not to.

What are your rights?

Right to access: You have the right to request information about the personal data we hold about you at any time. Contact us to receive your personal data and information about how your personal data is processed via email.

Right to portability: Whenever KSGB processes your personal data by automated means based on your consent or based on a contract entered into between you and us, you have the right to have a copy of your data transferred to you or to another party. This only includes the personal data you have submitted to us.

Right to rectification: You have the right to request rectification of your personal data if it is incorrect, including the right to have incomplete personal data completed. If you have a KSGB account, you can edit your personal data under your account page. You may also send us an email at dpo@kswiss.com to request rectification of your personal data.

Right to erasure: You have the right to erase any personal data processed by KSGB at any time, except for the following situations:

  • you have an ongoing matter with Customer Service;
  • you have an open order which has not yet been shipped or partially shipped;
  • you have an unsettled debt with KSGB, regardless of the payment method;
  • you have made any purchase, whereby we will keep your personal data in connection with your transaction as required by law.

YOUR RIGHT TO OBJECT TO PROCESSING BASED ON LEGITIMATE INTERESTS: You have the right to object to the processing of your personal data that is based on the legitimate interests of KSGB. If you object to the processing of your personal data, KSGB will not continue to process your personal data unless we can demonstrate a legitimate basis for the process which overrides your interests and rights or due to legal claims.

 

YOUR RIGHT TO OBJECT TO DIRECT MARKETING: You have the right to object to direct marketing, including profiling analyses conducted for direct marketing purposes. You can opt out of direct marketing by following the instructions in each marketing communication.

Right to restriction: You have the right to request that KSGB restricts the processing of your personal data under the following circumstances:

  • if you object to the processing based on the legitimate interests of KSGB, KSGB shall restrict all processing of such data pending the verification of the legitimate interests or legal claims.
  • if you claim that your personal data is incorrect, KSGB must restrict all processing of such data pending the verification of the accuracy of the personal data.
  • if the processing is unlawful, you can oppose the erasure of personal data and instead request the restriction of the use of your personal data.
  • if KSGB no longer needs the personal data but is required to keep it to establish or defend legal claims.

Right to complain to a Data Protection Authority: If you believe KSGB has processed your personal data incorrectly, you can contact us by emailing dpo@kswiss.com. You also have the right to submit a complaint to a data protection authority.

Right to withdraw consent: Where we have obtained your consent for the processing of your personal data, you have the right to withdraw your consent at any time.

What are the sources of your personal data?

Most of the personal information that we collect about you will be personal data that you have voluntarily provided to us, for example, through our Website. Other sources from whom we may obtain your personal information include:

  • other KSGB Group companies; and
  • third parties, such as credit reference agencies, law enforcement/regulatory bodies and companies providing commercially available databases. Some of these third-party sources may include publicly available sources of information.

Do we process personal data of children under the age of 16?

If you are under 16 years old, please get the consent of your parent or legal guardian before you give us any personal information about yourself. Your parents or guardian can send us their consent by email, although we may follow up by phone or other means in some circumstances. They will need to give us their name, email address, street address, telephone number, and any other identifying information that we may request. We need this information to verify that they have provided the necessary consent. Your parent or guardian should contact us by using the email address: dpo@kswiss.com.

IF YOU ARE UNDER 16 YEARS OLD, DO NOT CONTACT US UNTIL AFTER YOUR PARENT OR GUARDIAN HAS SENT US AN EMAIL CONSENTING TO YOUR CONTACT.

We do not intentionally collect personal data about children under the age of 16. If we become aware that we have inadvertently collected personal information about children under the age of 16, we will take steps to delete the information as soon as possible, except where we are required by applicable law to keep it.

When we know a child is above the age of 16, but considered a minor under applicable law, we will obtain parental/guardian consent prior to using that child's personal information.

What happens in case of a data breach?

We will notify you promptly in the event of any breach of your personal data which might expose you to serious risk.

How can you contact us?

If you have any questions about our use of your personal data and how to exercise you rights or about our Policy, please contact our customer service.

We ask you for various types of personal data to provide you with the products or services you request and use your personal data in the following ways.

Specific circumstances for collecting and using data

Online shopping

Why do we use your personal data?

We will use your personal data to manage your purchase online at KSGB by processing your orders and returns via our online services and notify you of the status of your order or any problems with the delivery of your items.

We will use your personal data to manage your payments and to perform credit checks.

We will also use your personal data to handle complaints and warranty matters for products.

What types of personal data do we process?

We will process the following categories of personal data:

  • contact information such as name, address, email address and telephone number; payment information and payment history;
  • date of birth;
  • credit information;
  • shoe size;
  • order information.

If you have a KSGB account, we will also process your personal data submitted in relation to the account such as:

  • account ID;
  • shopping history.

Who has access to your personal data?

Your personal data that is forwarded to third parties is only used to provide you with the services mentioned above: companies to validate your address; communication agencies to send you order confirmation; warehouse and distribution suppliers in connection with the delivery of your order; payment service providers for your payment; credit reference agencies for identity and credit checks and debt collection agencies.

Please be aware that many of these recipient companies have an independent right or obligation to process your personal data.

On what legal basis do we process personal data?

The processing of your personal data is necessary for KSGB to fulfill the service of managing and delivering your order based on the contract entered into between you and us.

How long do we keep your data?

We will keep your data as long as you are an active customer and required by law.

Automated assessment

When you apply for credit as a method of payment, we will perform an automated assessment of your credit application, which may result in the refusal of your order. You have the right to express your point of view and challenge the decision with a staff member.

Direct marketing

Why do we use your personal data?

We will use your personal data to send you marketing offers and surveys through emails and text messages.

In order to optimize your experience of KSGB, we will provide you with relevant information, recommend products, send you reminders of products left in your shopping cart and send you personalized offers. All these services are based on your previous purchases, what you have clicked on and information you have submitted to us.

Where we have obtained your personal data from various sources, we will combine this information in certain circumstances in order to enrich our understanding of your preferences and interests in relation to our products. For example, we may combine information you have provided us voluntarily and directly with information collected automatically, such as metadata or IP addresses or where we have collected anonymous browsing data through the use of cookies, we may later determine that this data relates to you browsing history and combine that data with the existing information we hold about you. We may also combine this information with other information that we have lawfully obtained from third parties. We may carry out any of these exercises to be able to send you more personalized marketing materials or to prepare more effective marketing campaigns.

What types of personal data do we process?

We will process the following categories of personal data:

  • contact information such as email address, telephone number and zip/postal code;
  • the products and offers you have clicked on.

If you have a KSGB account, we will also process personal data submitted in relation to your account such as:

  • name;
  • address;
  • date of birth;
  • shopping history;
  • how you navigated and clicked on the Website.

Who has access to your personal data?

Data that is forwarded to third parties is only used to provide you with the services mentioned above: for distribution of digital direct marketing by media agencies and technical suppliers.

Data that is forwarded to third parties is only used to provide you with the services mentioned above: we use website agencies and analytics tools for product rating and to optimize the Website and present you with relevant marketing material.

We never pass on, sell or swap your data for marketing purposes to or with third parties outside the KSGB Group.

On what legal basis do we process personal data?

You consent to the processing of your personal data when you agree to direct marketing. We would like to contact you by email and text messages with details of products and services that we think may interest you. If you are under the age of 16 and/or you no longer agree to allow KSGB to process your personal data in order to send you personalized marketing material, please click here to unsubscribe. If you are unsure and want to learn more, please continue reviewing KSGB’s Privacy and Cookie Policy.

YOUR RIGHT TO WITHDRAW YOUR CONSENT AND TO OBJECT TO DIRECT MARKETING You have the right to withdraw your consent for the processing of your personal data at any time and to object to direct marketing. Upon doing so, KSGB will not be able to send you any more direct marketing offers or information based on your consent.

You can opt out from direct marketing by following the instructions in each marketing communication.

You can opt out from us combining your personal data with information lawfully collected from third parties:

  • by contacting us using the contact details set out below.

How long do we keep your personal data?

We will keep your data for direct marketing until you withdraw your consent.

KSGB account

Why do we use your personal data?

We will use your personal data to create and manage your personal account in order to give you a personalized and relevant experience at KSGB.

We will provide you with your order history and details related to your orders and enable you to manage your account settings (including marketing preferences).

We will also provide you with easy ways to maintain accurate and updated information, such as your contact details and payment information.

We will enable you to save items in your shopping cart, offer you size recommendations and enable you to rate and review the products you have purchased from us.

In order to provide you with relevant product recommendations, KSGB will process your navigation and browsing on our Website, your shopping history and product reviews as well as the data you submitted to us through your account.

What types of personal data do we collect?

We will always process your email address and password that you submit to us when you sign up for a KSGB account.

We will process the following categories of personal data if you choose to provide them to us:

  • contact information such as name, address, telephone number;
  • date of birth;
  • gender;
  • country;
  • account settings;
  • encrypted payment card information;
  • personal preferences, including marketing and cookie preferences;
  • social media identifier if you choose to log into your KSGB account via social media.

We will process the following categories of personal data if you make a purchase:

  • order history;
  • delivery information;
  • payment history.

We will also process the following categories of personal data connected to your cookies:

  • click history;
  • navigation and browsing history. For more information on the use of cookies, please refer to the Cookie section of this Policy.

Who has access to your personal data?

Data that is forwarded to third parties is only used to provide you with the services mentioned above: we use website agencies and analytics tools for product rating and to optimize the Website and present you with relevant marketing material.

On what legal basis do we process personal data?

You consent to the processing of your personal data from your account when you create your KSGB account.

I agree to let KSGB process my personal data in order to manage my personal account, in accordance with KSGB’s Privacy and Cookie Policy. I confirm that I am 16 years old or older.

Your right to withdraw your consent: You have the right to withdraw your consent for the processing of your personal data at any time by sending us an email at dpo@kswiss.com. Upon doing so your account will cease to exist and KSGB not be able provide you with the services mentioned above.

How long do we keep your personal data?

We will keep your data for as long as you have an active KSGB account.

You have the right to terminate your account at any time. If you choose to do so, your account will cease to exist and you will be considered inactive. After your KSGB account has been terminated, your data will be deleted. However, we will keep your personal data if required to do so by law and if there is an open dispute.

Customer service

Why do we use your personal data?

We will use your personal data to manage your questions and handle complaints and warranty matters for products and technical support matters through email, our chat function, telephone and social media.

We may also contact you if there is a problem with your order.

What types of personal data do we process?

We will process any data you provide us with, including the following categories:

  • contact information such as name, address, email address and telephone number;
  • payment information and payment history;
  • credit information;
  • order information;
  • account ID;
  • personal preferences, including marketing and cookie preferences;
  • all correspondence and contact history in a specific matter.

Who has access to your personal data?

Data that is forwarded to third parties is only used to provide you with the services mentioned above: customer service agencies.

On what legal basis do we process personal data?

The processing of your personal data might be necessary for KSGB to fulfill its customer service obligations relating to your order based on the contract entered into between you and us or if it required for us to comply with any legal obligations. If it is not necessary to process your personal data for either of these reasons, we will process it as it is necessary for the purposes of our legitimate interests in ensuring we can provide the best service possible to you.

How long do we keep your personal data?

We will keep your data as long as necessary for customer service case management.

YOUR RIGHT TO OBJECT TO PROCESSING BASED ON LEGITIMATE INTERESTS You have the right to object to the processing of your personal data that is based on the legitimate interests of KSGB. If you object to the processing of your personal data, KSGB will not continue to process your personal data unless we can demonstrate a legitimate basis for the process which overrides your interest and rights or due to legal claims.

Cookies

This website uses cookies to improve your experience, our services and provide you with tailored ads. By continuing to use our site you consent to use of our cookies. You can learn more about the use of cookies and set your cookie preferences here

What is a cookie?

A cookie is a small text file that is delivered by a website server and saved on your computer or mobile device and, during subsequent visits, retrieved from your computer or mobile device when you browse the Internet. If you continue to use our Website and our services, we will assume that you agree to the use of such cookies. They don’t take much space and they will be removed automatically when expired. Some cookies expire at the end of your Internet session, while others will be saved for a limited amount of time.

Why do we use cookies?

We use both first- and third-party cookies for several reasons, including to collect statistics and user data in aggregate and individual forms in analysis tools to optimize our Website and present you with relevant marketing material. Cookies set by KSGB are first-party cookies. Cookies set by parties other than us are third-party cookies. Third-party cookies enable third-party features or functionality to be provided on or through the Website (e.g. like advertising, interactive content and analytics). The parties that set these third-party cookies can recognize your computer or mobile device both when it visits the Website and also when it visits certain other websites.

Some third-party cookies are set by services that appear on our pages and are not in our control. They are set by social media providers such as Twitter, Facebook and Vimeo and relate to the ability of users to share content on the Website, as indicated by their respective icon.

We also use third-party cookies, which perform cross-site tracking in order to offer you marketing in other sites/channels.

What types of cookies are we using?

Functional cookies

The most important cookies are the functional cookies that are written onto your computer or mobile device for browsing, optimizing and customizing purposes. They are essential and help you to navigate on the Website and to use basic features, to enable you to save your shopping bag, to create a wish list and to save your shipping details for a quicker checkout and to remember the country and language you selected, to know when you are logged in, and to ensure that we do not request information you already provided. These cookies allow us to analyze site usage so we can measure and improve performance. These cookies may be placed by us or a third party on our behalf and are stored for the duration of your browsing session.

Performance and analytics cookies

Performance cookies collect information about the way the Website is used, and they allow us to improve the functionality of the Website (e.g., by tracking errors and loading time of pages). Analytics cookies collect data about the way the Website is used and the people who browse it (e.g., country/city of origin, type of device, type of browser, time spent on pages). This data may then be compiled statistically to furnish us with information that will allow us to make future improvements to the Website.

We use performance and analytics cookies to improve our Website and to show you relevant offers. To manage this we collect browsing data, which may be linked to a unique identifier to allow us to understand how you use our Website.

Advertising cookies

Advertising cookies make it possible for us to show you ads or information related to your interests (on the Website and on other websites) while you browse the Internet from your computer or mobile device. For instance, these cookies can be used to prevent you from getting the same ad, or to help us measure the effectiveness of an advertising campaign. Disabling such cookies does not have any impact on your use of the Website, nor will it prevent you from receiving ads on the Website (or other websites). The only difference is that advertising will not be targeted to you (as we will not know your interests or preferences). We will still know how many of our emails are opened and we will automatically receive your IP address, a unique identifier for your computer or other access devices, but we will not identify you as an individual.

Social media and interaction cookies

Social media cookies capture your preferences in order to show you relevant ads outside the Website. In addition, social media cookies may be used to track your activity over social media platforms. Interaction cookies are used for you to interact with social media or to submit reviews. These cookies will enable you to like or recommend us on social media and to chat with our service agents. But you can also advise our other (potential) customers by rating and reviewing our products. The Website may contain cookies that originate from third party service providers, which allow you to share content from the Website with other persons, to let others know that you visited the Website, or to share your opinion regarding content on the Website. For example, these cookies may generate “Share” or “Like” buttons from social networks such as Facebook, Twitter, Pinterest, Google+, etc. Social networks are likely to identify you thanks to these cookies and buttons, even if you did not use them while browsing the Website. This occurs if your account on the social network is active on your computer or mobile device (an “open session”) while you are visiting the Website.

What types of personal data do we process?

We will only connect your cookie ID to your personal data submitted and gathered in relation to your KSGB account if you are logged in to your KSGB account.

KSGB receives and records information, which may include personal data, from your browser when you use our Website, including

  • your IP address;
  • your unique cookie identifier;
  • your unique device identifier and device type;
  • your browser type and language,
  • your operating system and system settings;
  • your country and time zone;
  • websites previously visited by you;
  • information about your interaction with our Website, such as the date and time of your visit, how long you remained on our Website, the pages visited on our Website.

Who has access to your personal data?

Data that is forwarded to third parties is only used to provide you with the services mentioned above: analytics tools to collect statistics to optimize our Website and present you with relevant marketing material.

On what legal basis do we process personal data?

We will only connect your cookies to your personal data if you are logged in to your KSGB account.

If you are logged in to your KSGB account, we will use the personal data we hold about you (as well as pseudonymized or anonymized data generated from your personal information) to carry out analysis and research. We carry out such analysis and research on the basis that it is necessary for the purposes of our legitimate interests in understanding our customers and ensuring that our products meet the needs of our customers.

We will only collect personal data that relates to advertising cookies if you have consented to the placement of cookies for marketing purposes. Please follow the instructions on how to change your cookie preferences under the “How do I disable cookies?” section of this Policy.

YOUR RIGHT TO OBJECT TO PROCESSING BASED ON LEGITIMATE INTERESTS You have the right to object to the processing of your personal data that is based on the legitimate interests of KSGB. If you object to the processing of your personal data, KSGB will not continue to process your personal data unless we can demonstrate a legitimate basis for the process which overrides your interest and rights or due to legal claims.

Why do we use your personal data?

We will use your personal data we carry out analysis and research in the following ways:

  • data analytics, whereby we combine information we hold on a large scale to:
    • learn more about our customers and their preferences;
    • to identify patterns and trends amongst our customers;
    • enhance user experience on our websites;
    • provide information, content and offerings tailored to our customers' needs;
    • for general research and statistical purposes; and
    • for aggregated reporting purposes within the KSGB Group;
  • develop new products and services;
  • monitor performance of our products and improve our technology;
  • to be able to send you personalized marketing messages;
  • to display online ads to you.

How long do we keep your personal data?

KSGB does not save your personal data. You can easily erase cookies from your computer or mobile device through your browser. For instructions on how to handle and delete cookies, please look under "Help" in your browser. You can choose to disable cookies or receive a notification each time a new cookie is sent to your computer or mobile device. Please note that if you choose to disable cookies, you will not be able to take advantage of all our features.

How do I disable cookies?

Cookies can be disabled directly in your browser, by default or by defining on which sites you will allow them. If you do not wish to have any cookies written onto your computer or mobile device, you need to disable them from your Preferences menu (typically located in the Privacy section of your browser). You will find all the necessary information about the procedure for disabling cookies on the browser’s official website.

If you wish, you may have your computer warn you each time a cookie is being sent, or you may choose to turn off all cookies. You do this through your browser settings. Please note, however, that by deleting our cookies or disabling future cookies, you may not be able to access certain areas or features of our Website or we will not be able to send you personalized marketing messages.

You may also revise your current cooking setting by accessing this link:

 

We are committed to adhere to privacy and data protection laws and regularly review this Policy so that it contains appropriate information about our processing activities and your rights. If we decide to update our Policy, we will inform you by posting a notification on our Website together with the updated version of the Policy and the changes. If we make significant changes to the way in which we process personal data, we will provide you with prior notice, or where legally required, request your consent prior to implementing such changes. We strongly encourage you to read our Policy and keep yourself informed of our practices. This Policy was last modified on May 22, 2018.

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