1. Scope and Consent

1.1 This privacy notice (“Privacy Notice”) is applicable to the website row.bally.com (the 'Website') and refers to the processing of personal data during both the Website navigation by users who only consult the Website and the interaction with the services and features offered through the Website (including the online store) by users who freely provide their information by filling in specific forms and/or via email in order to access reserved sections within the Website or receive newsletter and/or commercial and promotional information. If the user is purchasing as a guest customer we will not process his data for profiling purposes.

1.2 The Privacy Notice specifies the identity of the data controller that controls and manages the personal data collected and processed through the Website, and indicates which personal information is to be collected, the purposes and ways of processing and communicating to third parties the user's personal data, the security measures adopted in order to protect said data and the ways in which the user may check the data processing regarding his/her person and exercise his/her rights.

1.3 By using the Website, each user consents to our collection, use, disclosure, retention, storage, and transfer of his/her information as described in this Privacy Notice, the General Terms and Condition of Sale and General Terms and Condition of Use. If we update this Privacy Notice, we will notify users by posting a new Privacy Notice on the Website, and the new terms will be effective as of the date the new Privacy Notice is posted to the Website.

1.4 This information is provided solely for the Website and does not extend to other websites which the user may be able to consult via a link and/or activities offered by third parties.

 

2. The Data Controllers

2.1 The data controller of the Website is Bally Schuhfabriken AG ("Bally", "we", or "us"), with registered office in Via Industria 1, 6987 - Caslano (Switzerland).

As indicated in the General Terms and Conditions of Sale, the online store of the Website is managed by the company Bally Schuhfabriken AG, with registered office in in Via Industria 1, 6987 - Caslano (Switzerland). Bally deals with managing sales and transactions carried out through the Website, such as processing orders, sale and delivery of products, processing returns and warranties and other activities necessary for the sale of products through the Website. For the managing and the implementation of
activities required for the sale of products through the Website, Bally processes users data (including name and surname, address and user credit card details).

 

3. Collection of Personal Information

3.1 User can browse our Website without telling us who he/she is or revealing any personal information about himself/herself. If user chooses to provide us with personal information for the user of our services and features offered through the Website, he/she is no more anonymous to us.

3.2 We collect the following types of personal information (collectively "Data") in order to provide you with the use of and access to our Website and/or the relevant e-commerce services and to help us to personalize and to improve your experience on the Website:

(a) Information we collect automatically: the computer systems and processing programs required to run the Website log, during their normal operation, certain data whose acquisition is automatic and inevitable (whenever Internet protocols are used) and which, for their own nature, may allow the identification of the users if they are processed and associated with other data owned by third parties, including, but not limited to, device ID or unique identifier, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the Website, referral URL, IP address, and standard web log information, anonymous information collected through our use cookies and web beacons (collectively, "Surfing Data"). Bally collects Surfing Data exclusively for statistical purposes and in anonymous form in relation to the access of the Website and for purposes of monitoring the correct functioning of the Website and of enhancing the Website functioning and content.

(b) data provided voluntarily by users: personal information provided voluntarily by users via email, user interaction with the Website's features, requests for services offered by the Website, completion of specific forms to access reserved sections of the Website and to be provided with e-commerce service offered through the Website, including name, gender, email address, phone number, physical contact information, (depending on the
service used), preferences, previous transactions with us (such as order history, customer account personal information) as well as your respective order details (product, size, number of order, price) and sometimes financial information, such as credit card and/or or bank account numbers, postage, billing and other information user provides to purchase products through the Website, as well as, additional personal information we may ask you to provide our services or to respond to your requests/inquires.

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 privacy@bally.ch.

 

4. Cookies and Automatic Data Collection Tools

4.1 The Website uses automatic systems of data collection such as cookies. A cookie is a device transmitted to the hard disk of an Internet user: it does not contain intelligible information but it allows linking between an Internet user and his/her personal data (such as, by way of example, user's IP address and other information about user's experience on the Website and his/her preferences expressed while choosing services and purchasing products offered by the Website) provided by the user on the Website. Cookies are disseminated by servers and no one may gain access to information contained therein. These information and data are gathered directly and automatically by the Website and are processed in a collective and anonymous way.

4.2 You can review our Cookie Policy for more information.

 

5. Data submission

5.1 The submission of Data by the user is necessary to subscribe to the Website and to access the services and features offered by the Website and in the reserved areas, including the online store and the relevant e-commerce services. Failure to provide Data will prevent the user from accessing and using said services and features.

5.2 The submission of Data for marketing purposes is always voluntary and optional. Any non-submission of Data for such activities will have no consequence on the user's possibility to use the services and features offered by the Website.

 

6. Processing methods and purposes

6.1 Data shall be processed manually or with the aid of electronic tools for the following purposes:

(a) operations management of Website navigation and relevant access data;

(b) data security and Website security management;

(c) to provide e-commerce services offered through the Website;

(d) to provide other services requested by users as described when we collect the information;

(e) to prevent, detect, and investigate, fraud, security breaches, potentially prohibited or illegal activities, and 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.

6.2 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 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 Bally Group or through email at privacy@bally.ch.

6.3 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.

 

7. Storing and Protecting Data

7.1 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.

7.2 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.

7.3 We take steps to ensure that the Data we collect is accurate and up to date, and we provide users with the opportunity to update their information as specified in this Privacy Policy.

 

8. Data Communication and Disclosure

8.1 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.

8.2 We protect user's Data using technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centres, and information access authorization controls.

8.3 We take steps to ensure that the users' Data we collect is accurate and up to date, and we provide users with the opportunity to update their information as specified in this Privacy Notice.

 

9. Data Communication and Disclosure

9.1 Data will be accessible within Bally organization by the internal and external personnel.

9.2 We may also share users' Data with:

(a) any other company within the Bally Group located in countries inside and/or outside of the European Economic Area ("EEA"). All security and privacy measures have been put in place at Group level in order to ensure an adequate level of data protection irrespective of the geographical location of each Bally Group company that is the receipt of the above mentioned Data. Members of Bally Group may use users' Data to send marketing communications only if users have consented to their services and will use users' Data in compliance with their respective privacy policies and applicable law;

(b) professionals, independent consultants, credit bureaus, banks and financial institutions, third party companies to which Bally may revert to in relation to performance of technical an organizational services as well as service providers under contract who help with our business operations (such as, but not limited to, Website operations, payment services, shipments, fraud investigations, bill collection, affiliate
and rewards programs);

(c) other third parties to whom users explicitly ask us to send their information; this is the case for example when you make a direct request for customer support via our official social media and other digital communication channels; in such case your Data will be disclosed with other third party business entities responsible for such third party platform such as WhatsApp, WeChat etc.) and their terms and conditions and privacy policies will apply to the processing of your Data by them. Make sure you read and understand the applicable terms and conditions and privacy notice of each such entity, before choosing to use these communication channels.

(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;

(e) other business entities, should we plan to merge with or be acquired by that business entity. Should such a combination occur, we will require that the new combined entity follow this Privacy Notice with respect to users' Data.

9.3 The aforementioned subjects that receive user's Data will process them as data controllers or co-data controllers, data processors and/or persons in charge of processing Data as the case may be, for the same purposes above specified and according to applicable data law protection. The list of data processors and the subjects to which Data may be communicated will remain at user disposal upon request at Bally.

9.4 If users' Data will be used or disclosed for any purposes not set out in this notice, they shall receive prior notification. Data will be transferred to extra EEA companies of Bally Group with the user's consent which id free and optional.

 

10. Data Subject's Rights

10.1 Users may have the following rights, in accordance with the applicable data protection laws:

(a) To withdraw consent at any time, if we are processing your personal information on the basis of consent,

(b) To access and/or update the data that Bally holds about you,

(c) To request that Bally rectify or eras your data,

(d) To request that Bally restrict the way it processes your data,

(e) To object to the way Bally processes your personal information,

(f) To transfer your personal information either back to you or to another individual or entity, and

(g) To express your point of view in the event of any individual decision having a significant impact on you being made by automated means about you and to request that such automated decision be reviewed by a human.

If you wish to exercise one of these rights, please write to us at Bally Schuhfabriken AG, via Industria 1, Caslano, Switzerland or send an email us at Privacy@bally.ch. You also have the right to lodge a complaint with a data protection authority in your country of residence (all EU/EEA Data Protection Authorities’ contact details may be found here).

We will require appropriate evidence of your identity or to be provided with additional relevant personal information based on your relationship with us before we are able to act on your request in circumstances where the personal information, we have in our systems is insufficient detail to identify you or reply to your request.

If you would like, you can enable someone else to exercise your rights under this Privacy Notice on your behalf. We would call this person your Personal Representative. If your representative sends us a request to exercise your rights under this Privacy Notice, we may ask them to provide evidence that you gave them permission to make the request on your behalf. In that scenario, we may also seek to verify your identity directly and/or ask you to confirm the representative’s ability to act on your behalf.

 

11. Storing and Protecting Data

11.1 We may update this Privacy Notice from time to time by posting a new Privacy Notice on our websites. When we update this Privacy Notice, we will indicate when it was most recently updated by changing the “last updated” date. Unless otherwise indicated, updates to this Privacy Notice are effective immediately upon posting. If we make a material change to our Privacy Notice, we may take reasonable steps to notify you, for example, by posting a banner or pop-up notice on our websites.

This Privacy Notice was last updated on 15/11/2022.