PRIVACY AND COOKIE POLICY

PRIVACY POLICY

Kswiss.com

ARTICLE 1: PREAMBLE

The content of the https://www.kswiss.com/ website as well as European websites such as kswiss.eu, kswiss.fr, kswiss.co.uk, kswiss.de and kswiss.nl, are the property of K-SWISS INC, Westlake Village, California, 91361, USA and protected by French and international intellectual property laws.

The purpose of this privacy policy is to inform site users:

  • How their personal data are collected and processed. All data that can identify a user shall be considered personal data. This includes the first and last name, age, postal address, email address, location of the user, consumption habits and IP address;
  • What are the rights of users regarding these data?
  • Who is responsible for processing the personal data collected and processed?
  • Who receives these data?
  • Management of “cookies”.


ARTICLE 2: GENERAL PRINCIPLES ON DATA COLLECTION AND PROCESSING

In accordance with the provisions of Article 5 of European Regulation 2016/679, the collection and processing of data of site users comply with the following principles:

 

  • Legality, fairness and transparency: data can only be collected and processed with the consent of the user who owns the data. Whenever personal data are collected, the user will be informed that his data are being collected and for what purpose his data are being collected;
  • Limited purposes: the collection and processing of data are carried out to meet one or more of the purposes set out in these general terms and conditions of use;
  • Minimization of data collection and processing: only the data necessary for the proper execution of the objectives pursued by the site are collected;
  • Retention of data reduced over time: the data are kept for a limited period, of which the user is informed. Where this information cannot be provided, the user is informed of the criteria used to determine the retention period;
  • Integrity and confidentiality of collected and processed data: the data controller undertakes to guarantee the integrity and confidentiality of the data collected.

In order to be lawful, and in accordance with the requirements of Article 6 of European Regulation 2016/679, the collection and processing of personal data may only take place if it complies with at least one of the conditions listed below:

  • The user has expressly consented to the processing;
  • The processing is necessary for the proper performance of a contract;
  • The processing is in response to a legal obligation;
  • The processing is necessary to protect the vital interests of the data subject or of another natural person;
  • The processing may be necessary for the performance of a task carried out in the public interest or in the exercise of official authority;
  • The processing and collection of personal data are necessary for the legitimate and private interests pursued by the controller or by a third party.


ARTICLE 3: PERSONAL DATA COLLECTED AND PROCESSED WHEN BROWSING THE SITE

A. DATA COLLECTED AND PROCESSED AND COLLECTION METHOD

The personal data collected on the Kswiss.com website are the following:

  • Contact information such as first name, last name, country, email address, phone number, payment information (encrypted) and history,
  • And any other information to establish your customer profile (in case of an account created within KSGB Europe, your login details, purchase history, browsing the site)
  • In case of redirection to our site from a social network, traceability of this redirection
  • Saving your cookie preferences
  • In case of purchases, order history, delivery information, payment history

These data are collected when the user performs one of the following operations on the site:

-Log in/creation of a personal account on our site                   
-Subscription to our newsletter

-Ordering on our website     
-Redirection from a social network and our partners leading to an order

Moreover, when a payment is made on the site, proof of the transaction including the order form and the invoice will be kept in the computer systems of the site publisher.

The data controller will keep in its computer systems of the site and in reasonable security conditions all the data collected for a period of:

- accounting data: 10 years        

- prospective customer data: 3 years since the last interaction.

- customer data: 3 years from inactivity/deletion of the account. Constant retention during the period of account activity.

The collection and processing of data are for the following purposes:

- tailored customer shopping experience (uses of order history to provide a relevant and personalised experience, ability to automatically maintain order information such as contact and payment details, ability to rate and recommend purchased products)
- feeding the brand’s customer community base for marketing purposes   

- carrying out statistical studies for the commercial analysis of our business
- order processing: payment, shipping and delivery, returns, refunds

The data processing carried out is based on the following legal grounds:

- user consent in accordance with the GDPR and the French Law in force   
- right of access, rectification and deletion of the user’s personal data      
- current privacy policy and selected cookies

B. TRANSFER OF DATA TO THIRD PARTIES

Data may be passed on to the following third party or parties:


- K-Swiss Global Brands. KSGB Europe is the European subsidiary of K-Swiss Global Brands and may pass on customer data to its parent company.

- Payment provider: Hipay

- Hosted by: Shopify

- Logistics: Uplog

- Transportation: Post, DHL, Chronopost

- System maintenance: Synolia

C. DATA HOSTING

The Kswiss.com website is hosted by: Shopify, whose registered office is located at the following address:

__Shopify International Ltd.

Attn: Data Protection Officer
c/o Intertrust Ireland
2nd Floor 1-2 Victoria Buildings
Haddington Road
Dublin 4, D04 XN32
Ireland
__

The data collected and processed by the site are transferred to the following country(ies): USA. This transfer of personal data outside the European Union is justified by the following reasons:

As K-Swiss is marketed by KSGB Europe in the EMEA region, our company reports to and uses the facilities provided to us by our parent company, K-Swiss Incorporation, based in the USA.

ARTICLE 4: DATA CONTROLLER

A. THE DATA CONTROLLER

The controller of the personal data is: Marie-Alix Achard. She can be contacted as follows:

dpo@kswiss.com

The data controller is responsible for determining the purposes and means of processing personal data.

B. OBLIGATIONS OF THE DATA CONTROLLER

The data controller undertakes to protect the personal data collected, not to transmit them to third parties without the user’s knowledge and to respect the purposes for which the data were collected.

Furthermore, the data controller undertakes to notify the user in the event of rectification or deletion of the data, unless this would entail disproportionate formalities, costs and steps for them.

In the event that the integrity, confidentiality or security of the user’s personal data are compromised, the data controller undertakes to inform the user by any means.


ARTICLE 5: USER RIGHTS

In accordance with the regulations concerning the processing of personal data, the user has the following rights.

In order for the data controller to comply with the request, the user is required to provide the following information: first and last name, email address and, if relevant, account number or personal or subscriber number.

The data controller is obliged to respond to the user within a maximum of 30 (thirty) days. Article 12.3 of the GDPR provides for a maximum reasonable period of one month. A possibility to extend this two-month period is provided for “taking into account the complexity and number of requests”, provided that the person concerned is informed within one month of receiving the request.

A. PRESENTATION OF THE USER’S RIGHTS REGARDING DATA COLLECTION AND PROCESSING

a. Right of access, rectification and erasure

The user may view, update, modify or request the deletion of data concerning him, by following the procedure set out below:

The user can send any request concerning his personal data to:         
- dpo@kswiss.com      
- specifying his surname/first name, if possible his customer number  
- KSGB Europe will specify the measures for deletion/modification of his data in the light of his legal obligations and authorisations.       


Right of rectification: You have the right to request rectification of your personal data if they are incorrect, including the right to have incomplete personal data completed. If you have a KSGB Europe account, you can change your personal details on your account page. You can also send us an email to dpo@kswiss.com to request the rectification of your personal data.       

Right to erasure: You have the right to erase personal data processed by KSGB Europe at any time, except in the following situations:    
- you have an ongoing problem with customer service;   
- you have a pending order that has not yet been shipped or has been partially shipped;         
- you have an outstanding debt with KSGB Europe, regardless of payment method;
- you have made a purchase, in which case we will retain your personal data in connection with your transaction in accordance with the law and the retention of customer and accounting data set out above.

If he has one, the user has the right to request the deletion of his personal space by following the procedure below:

You can request the total deletion of your personal space in compliance with the legal provisions of retention stated above from dpo@kswiss.com.

b. Right to data portability

The user has the right to request the portability of his personal data, held by the site, to another site, by complying with the following procedure:

All requests can be sent to dpo@kswiss.com.

Whenever KSGB Europe processes your personal data by automated means on the basis of your consent or on the basis of a contract between you and us, you have the right to have a copy of your data transferred to you or to another party. This only applies to personal data that you have submitted to us.

c. Right to limit and object to the processing of data

The user has the right to request the limitation of or to oppose the processing of his data by the site, without the site being able to refuse, except in the case of demonstrating the existence of legitimate and compelling reasons, which may prevail over the user’s interests, rights and freedoms.

In order to request the limitation of the processing of his data or to formulate an objection to the processing of his data, the user must follow this procedure:

All requests can be sent to dpo@kswiss.com.

d- Right not to be subject to a decision based exclusively on an automated process

In accordance with the provisions of Regulation 2016/679, the user has the right not to be subject to a decision based exclusively on an automated process if the decision produces legal effects concerning him, or significantly affects him in a similar way.

e- Right to determine the fate of data after death

The user is reminded that he can organize what should be the fate of his collected and processed data if he dies, in accordance with Law no. 2016-1321 of 7 October 2016.

f- Right to refer to the competent supervisory authority

In the event that the data controller decides not to respond to the user’s request, and the user wishes to contest this decision, or if he believes that one of the rights listed above has been infringed, he is entitled to refer the matter to the CNIL (Commission Nationale de l’Informatique et des Libertés, https://www.cnil.fr) or to any competent judge.

B- PERSONAL DATA OF MINORS

In accordance with the provisions of Article 8 of European Regulation 2016/679 and the Data Protection Act, only minors aged 16 or over may consent to the processing of their personal data.

If the user is a minor under the age of 16, the consent of a legal representative will be required in order for personal data to be collected and processed.

The site publisher reserves the right to verify by any means that the user is over 16 years of age, or that he has obtained the agreement of a legal representative before browsing the site.

 

ARTICLE 6: USE OF COOKIE FILES

The site uses cookie techniques.

A “cookie” is a small file (less than 4 kb), stored by the site on the user’s hard drive, containing information about the user’s browsing habits.

These files allow us to process statistics and information on traffic, to facilitate browsing and to improve the service for user comfort.

For the use of cookie files involving the storage and analysis of personal data, user consent is requested.

This user consent is considered valid for a maximum of 6 (six) months. At the end of this period, the site will again ask for the user’s permission to store cookies on his hard drive.

a. Opposition of the user to the use of cookie files by the site

Cookies that are not essential to the operation of the site are only deposited on the user’s terminal after obtaining his consent. The user may withdraw his consent at any time, as follows:

Cookies can be disabled directly in your browser, either by default or by setting which sites you allow them on. If you do not want cookies to be stored on your computer or mobile device, you must disable them from the “Preferences” menu (usually located in the “Privacy” section of your browser). You can find all the necessary information on how to disable cookies on the official website of the browser.


If you wish, you can instruct your computer to notify you each time a cookie is sent, or you can choose to disable all cookies. You can 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 may not be able to send you personalized marketing messages.

More generally, the user is informed that he can oppose the recording of these cookies by configuring his browser.

For information, the user can find at the following addresses the steps to follow in order to configure his browsing software to oppose the recording of cookie files:

  • Chrome: https://support.google.com/accounts/answer/61416?hl=fr
  • Firefox: https://support.mozilla.org/fr/kb/enable-and-disable-cookies-website-preferences
  • Safari: http://www.apple.com/legal/privacy/fr-ww/
  • Internet Explorer: https://support.microsoft.com/fr-fr/help/17442/windows-internet-explorer-delete-manage-cookies
  • Opera: http://www.opera.com/help/tutorials/security/cookies/

If the user decides to disable the cookie files, he will be able to continue browsing the site. However, any malfunction of the site caused by this manipulation could not be considered as being due to the site publisher.

b. Description of the cookie files used by the site

The site publisher draws the user’s attention to the fact that the following cookies are used during browsing:

Functional cookies   

The most important cookies are the functional cookies which are stored on your computer or mobile device for browsing, optimisation and personalisation purposes. They are essential and help you browse the website and use the basic features, to enable you to save your basket, create a wish list and save your shipping details for faster checkout and to remember the country and language you have selected, to know when you are logged in and to ensure we do not ask for information you have already provided. These cookies allow us to analyse site usage so that we can measure and improve performance. These cookies may be placed by us or by a third party on our behalf and are stored for the duration of your browser session.        

Performance and analytical cookies       
Performance cookies collect data about how the site is used, and they enable us to improve the functionality of the site (for example, by tracking errors and page load times). Analytical cookies collect data about how the Website is used and who visits it (e.g. country/city of origin, device type, browser type, time spent on pages). These data may then be statistically compiled to provide us with information that will enable us to make future improvements to the Website.           

We use performance and analytical cookies to improve our Website and present you with relevant offers. To do this, we collect browsing data, which may be associated with a unique identifier to enable us to understand how you use our Website.     

Advertising cookies  

Advertising cookies enable us to show you advertisements or information related to your interests (on the Website and on other websites) when you browse the Internet from your computer or mobile device. For example, these cookies may be used to prevent you from receiving the same advertisement, or to help us measure the effectiveness of an advertising campaign. Disabling these cookies has no impact on your use of the Website and will not prevent you from receiving advertisements on the Website (or other websites). The only difference is that the advertising will not be targeted to you (since we will not know your interests or preferences). We will always 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 advertisements outside the website. In addition, social media cookies may be used to track your activity on social media platforms. Interaction cookies are used to allow you to interact with social media or submit reviews. These cookies will allow you to like or recommend us on social media and chat with our service agents. But you can also advise our other (potential) customers by rating and giving feedback on our products. The Website may contain cookies from third party service providers that allow you to share the content of the Website with others, to let others know that you have visited the Website, or to share your opinion about the content of the Website. For example, these cookies may generate “Share” or “Like” buttons from social media such as Facebook, Twitter, Pinterest, Google+, etc. Social media may identify you through these cookies and buttons, even if you have not used them while browsing the Website. This happens if your social media account is active on your computer or mobile device (a “login”) while you are visiting the Website.



Cookie Preferences

ARTICLE 7: CONDITIONS FOR CHANGING THE PRIVACY POLICY

 

KSGB Europe reserves the right to change this privacy policy to ensure compliance with applicable law.

Therefore, the user is invited to consult this privacy policy regularly in order to be informed of the latest changes.

The user is informed that this privacy policy was last updated on: 14/04/2021.


ARTICLE 8: USER’S ACCEPTANCE OF THE PRIVACY POLICY


By browsing the site, the user certifies that he has read and understood this privacy policy and accepts its conditions, particularly with regard to the collection and processing of his personal data, as well as the use of cookie files.

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