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FOR THE PHYSICAL AND DIGITAL WORLDS
Effective Date: November 2020
In some cases, other policies apply to you. It may be the case when you use certain products or services, and in this event:
- You will be notified of these other policies while using the products or services they apply to.
We, BALENCIAGA, act as the “data controller”, which means that we determine “why” and “how” your personal information is collected and used. We are a located in 40, rue de sèvres 75007 PARIS FRANCE and registered under number 775 668 122 with the company registry of Paris.
To be able to deliver our products and services to you, we need to share your personal information with approved partners or other members of Kering who generally act as our “data processors”. All are bound by an obligation to implement appropriate security measures to protect personal data in their possession, and are bound by a strict confidentiality agreement and specific contractual terms on “how” and “when” they are allowed to use your personal information on our behalf.
Please be aware that certain approved partners, such as our franchisees and licensees or social media, could also determine “why” and “how” your personal information is used. They have their own privacy and cookies policies, so remember that the personal information you give them will be subject to their rules and not ours.
BALENCIAGA will collect, hold, use and disclose your personal information for the purposes described in this section. The processing of your personal information will comply with your privacy legislation and rely on the legal bases set out in this section.
If you would like more information on the purposes and legal bases, you can contact us at firstname.lastname@example.org (or see How can you contact us?).
· To provide you with the products and services you have purchased or otherwise requested
We will use your personal information to manage our relationship with you and to perform our obligations under the contract you conclude with us when you purchase or otherwise request products or services from us. This can cover various activities such as internal accounting, processing your payment or delivery.
· To manage your BALENCIAGA profile.
Once you have requested us to create your BALENCIAGA profile, your personal information will be linked to this profile, where we will keep all the information we have on you. This could include personal information we obtain directly from you as well as from other sources in accordance with applicable legislation. The information in your BALENCIAGA profile is crucial to provide you with the BALENCIAGA personalized and tailored experience, and thus it needs to be kept up to date for the best experience.
· To provide you with tailored customer service and assistance.
You should have the same unified experience no matter how we communicate. Whether this happens in our stores, on our website, by chat, by phone or by video, and whether you contact us or we contact you, we want to provide you with relevant and tailored customer service.
For this purpose of providing you the BALENCIAGA experience, we will collect, store, process, use, disclose and transfer your personal information to be able to identify you. This will allow us to provide you with the tailored assistance you are asking for or to share relevant information with you. In addition, when you contact us, we may retain the personal information you share with us to always provide you with such a customised and personalised experience. This could happen if you are an existing or potential customer. Your personal information will be linked to your BALENCIAGA profile, if you have requested us to create one, or to a potential customer profile.
To provide you with a smooth and enjoyable customer experience, know you better to provide you with tailored answers, and to improve the quality and security of our services, we may rely on your consent, proceed in accordance with our contract with you, or take all reasonable steps to enter into a contract with you, or rely on our legitimate interest to improve our services
· To enable you to receive relevant information and tailored marketing content.
You will receive information and updates about us either at your request (with your prior consent where required by law) or when we are authorised by law to send you such information and updates directly. Such communication can be global or local, and may include updates about our products and services, invitations to events, offers, surveys, etc.
Our communications will be customised and specifically designed to be of interest to you, and will be updated with any new personal information linked to your BALENCIAGA profile. We will thus use your personal information to send you tailored communications or other customised advertisements or marketing campaigns. This use of your information include some profiling activity.
If you are a resident of the United States or Guam, please also see Specific information on text and instant messages for residents of the United States or Guam residentsfor more information about how and when we may use your phone number to send you messages.
· To send you non-marketing communications.
Non-marketing communications may be sent upon your request, and/or may be important for your safety and the security of your personal information.
You may still receive such communications even when you opt-out from certain marketing communications. The information communicated may be necessaryfor the correct performance of our contract with you or be mandatory to comply with some of our legal obligations.
· To conduct our business securely and protect our activities.
To deliver our products and services safely to you, perform our contract properly or comply with some of our legal obligations, we will implement fraud prevention and detection measures. Such measures will allow us to adequately perform our contract with you and/or protect our legitimate interests in defending ourselves against fraud.
· To assess and better understand our business.
To manage our activities, perform our obligations under our contract with you and comply with our legal obligations, we may need to access and use some of your personal information for finance, management or legal purposes, or business-related analytics & market research activities.
For example, this could occur when we use the invoices we have issued in relation to your purchases for compliance or accountability purposes, or when we analyse personal information to understand the characteristics of our customers (what is the gender proportion, the average age etc.).
In certain limited circumstances, such activity may be based on our legitimate interest when related
· To optimise and manage our website and other means of communication.
We may take certain measures involving the use of your personal information toadminister, optimise and improve our means of digital or physical communicationssuch as our website or face-to-face interaction in our stores.
When you interact with us or our approved partners, you may provide us with the following categories of personal information (that may include sensitive information in accordance with applicable legislation).
A. Identifiers & BALENCIAGA profile information
B. Transaction information & commercial information (including audio)
This set of personal information enables us to provide you with the products and services you have requested, manage your BALENCIAGA profile, provide you with relevant customer service and assistance, secure our communications and to manage and better understand our business.
C. Personal life information and inferences
This set of personal information enables us to always offer you the optimum service by understanding you better. We use it to manage your BALENCIAGA profile, provide you with relevant customer service and assistance and also, in certain circumstances, to contact you for example by sending you relevant information, updates and tailored marketing content.
D. User-generated content
This set of personal information enables you to provide us with personal information relating to you or to third parties. In certain circumstances it enables us to contact you.
E. Technical, electronic & localisation information
This set of personal information enables better delivery of the service you expect from us.
It could include personal information related to your interactions with us and allows us to manage your BALENCIAGA profile, provide relevant customer service and tailored marketing content, establish communications and conduct our business securely, assess and better understand our business, and optimise and manage our website and other means of communication.
F. Additional information for Californian residents
o Characteristics of classes protected under federal or California law
o Categories of information collected over the past 12 months.
Please note that the categories mentioned in this section What personal information do we collect? also represent the categories of personal information that we have collected over the past 12 months.
When you interact with us, either online or in person, you may share with us your personal information when:
A. You buy a product or subscribe to a service;
B. You create a BALENCIAGA profile, join our loyalty scheme, participate in a contest, join a reward program or link your social media account to your BALENCIAGA profile;
C. You subscribe to our newsletter;
D. You interact with us or seek advice and share personal information through our websites, our social media pages, our sales associates in a store, at a trade show, at events or through our customer services;
E. You use your device to browse activity across different websites:
F. A personal shopper, or any other agent acting on your behalf interacts with us in particular to buy a product or subscribe to a service for you;
G. Your information is shared with us by our approved partners, with your prior consent where required.
We mainly obtain information directly from you and process them by automated means when you interact with us. When you interact with us, either online or in person, we collect your personal information through:
A. Our sales associates (in stores) or our customer services (for example by phone or chat) when you share personal information with us;
C. Any means we make available to you - for example, when you buy a product, we may collect certain personal information relating to your payment such as the purchase price and date and product reference (we do not keep any of your personal banking information for longer than necessary to complete the transaction);
D. From third-party sources such as social media.
We mainly obtain information directly from you. From time to time, we may also obtain information on you from third-party sources.
We will only gather such information when the third parties either have obtained your consent or are otherwise legally allowed to share such information. In certain limited circumstances, some third parties may be required to disclose your personal information to us.
For more information on our sharing of information with these third-party sources, please refer to the section With whom do we share your personal information?
You may not always be required to provide us with the personal information that we are asking you for: any personal information that is required is clearly marked as mandatory.
When you do not wish to share certain personal information with us, you may simply not provide it to us, or opt-out of the processing of your personal information when this option is offered to you.
However, if you choose not to provide certain personal information, you may not be able to benefit from some of our services for which the provision of such personal information is necessary.
We may ask you to provide us with personal information to meet certain legal requirements. In such cases, we will notify you in due time and advise you as to whether your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).
Our general approach is to retain your personal information only for as long as it is needed.
A. When you have a BALENCIAGA profile, a potential customer profile or subscribe to our newsletters, we generally retain your personal information for 5 years from the last interaction you initiated with us.
B. When you interact with our customer services, we generally retain the recordings of the calls for 45 days (unless a longer retention period is required by law), and the other personal information you have shared with us (including personal information shared by mail, chat or text message or when our interaction is transcribed) for 5 years from the last interaction you initiated with us.
We may retain personal information for a shorter or longer time, for instance, where we are obliged to do so in accordance with relevant legal, tax and accounting requirements.
Additional information for South Korean residents:
We may retain certain personal information in accordance with the following legal requirements:
o Records on contracts and withdrawal of subscriptions: 5 years (as required under the Act on Consumer Protection in Electronic Commerce Transactions)
o Records on consumer complaints and processing of disputes: 3 years (as required under the Act on Consumer Protection in Electronic Commerce Transactions)
o Records of log-ins: 3 months (as required under the Protection of Communications Secrets Act)
We, BALENCIAGA, are strongly committed to keeping your personal information safe.
To do so, we design our services with your safety in mind. Within our group, we have dedicated teams managing and ensuring the security and privacy of your personal information. We have adopted specific technical and organisational security measures to protect personal information against accidental or unlawful destruction, accidental loss, alteration, unauthorised disclosure or access.
For example, whenever personal information is passed between your device and our servers, we ensure that it is encrypted using Secure Sockets Layer (“SSL”) and/or other security methods. We implement Hyper Text Transfer Protocol over Secure Socket Layer (“HTTPS”) in order to protect your connection to our website. All your personal information is stored on secured servers.
We have also established a specialised personal information security management system. For example, we strictly control the scope of authorisation of our employees who have access to the personal information that we collect and process. We regularly review our information collection, storage and processing practices, including physical security measures, to guard against any unauthorised access and use.
We conduct security and privacy protection training courses and tests on a regular basis to enhance our employees’ awareness of the importance of protecting personal information. We take commercially reasonable steps to make sure that our business partners and third-party service providers are able to protect your personal information. Our employees and those of our business partners and third-party service providers who have access to your personal information are subject to enforceable contractual obligations of confidentiality and specific contractual privacy provisions.
In the event of a security incident resulting in any breach of personal information, as qualified by law, we have an emergency response plan in place to prevent the expansion of such security incidents. In addition, we will report such personal information breach to the relevant supervisory authority as required by applicable law, and inform you via an appropriate channel as and where required by applicable law.
Please also note that in order to keep your personal information secure, we may from time to time, have to reset your password.
However, you should be aware that no service can be completely secure, and you play a key role in keeping your personal information safe. For the best possible protection of your personal information outside the limits of our control, your devices should be protected (e.g. by updated antivirus software) and your internet service providers should take appropriate measures for the security of personal information transmission over the network (e.g. with firewalls and anti-spam filtering). You accept the inherent security implications of interacting over the Internet and will not hold us or our partners responsible for any security incident or breach of personal information unless it is due to our negligence.
If you have any concerns that your personal information has been put at risk, for example if someone could have found out your password, please contact us as soon as possible.
The personal information we collect from you will be stored in servers located in the European Union or Switzerland. However, this may vary depending on the country in which the information is collected or applicable legislation. For more information about the location where your personal information is stored, you can contact us at email@example.com (or see How can you contact us?)
Your Personal information will be stored in servers located in People’s Republic of China, European Union and Switzerland if you are a Chinese Customer or if your Personal information are collected in the People’s Republic of China. You will be considered as a Chinese Customer if your primary address is in the People’s Republic of China.
We want to ensure that your personal information is always safely used and available to you, wherever you want to access it and for whatever reason you wish to use it.
When we share, use or transfer personal information in particular from the European Union, we use standard contractual clauses approved by the European Commission, or put in place other measures under applicable privacy legislation, to ensure that such transfer provides adequate safeguards. You can contact us at firstname.lastname@example.org (or see How can you contact us?) for more information about these safeguards including how to obtain copies of this information.
We do not sell your personal information and have not done so in the past 12 months.
If you are a Californian resident, you also have the right to opt out of such disclosure of your information for online interest-based advertising purposes.
Californian residents’ rights are further described in the section: “Information for Californian residents” under the provision attached to the following question: “What are my rights regarding my personal information?“
Wemay share and disclose your personal information for business purposes with the categories of recipients listed below. We may also receive personal information about you from some of them as our third-party sources. If you would like more information about the sharing of your personal information, including the list of recipients, please contact our privacy team and Data Protection Officer at email@example.com (or see How can you contact us?)
A. Approved partners acting as service providers
To use your personal information, we rely on approved partners. All approved partners are bound by an obligation to implement appropriate security measures to protect personal data in their possession, and bound by a strict confidentiality agreement and specific contractual provisions on “how” and “when” they are allowed to collect and use your personal information. Your personal information may be accessible to the following authorised personnel on a need-to-know basis:
· Kering and other affiliates of our group
· Retailers, resellers, delivery providers, fulfilment companies and transaction partners
· Marketing services, advertising providers, communication (email, SMS, MMS) providers and social networks
· IT service providers
· Audit, law firms and similar corporate professional service providers, data analysis providers
B. Approved partners acting also on their own account
To use some of your personal information (see “Why do we collect your personal information”), we rely on approved partners. Certain approved partners may be able to determine “why” and “how” your personal information is used.
· Franchisees and licensees
· Certain social media such as Facebook page insight,in accordance with Facebook Page Insights Data Policy.
C. Actual or potential buyers as part of a business transfer
We may disclose your personal information to an actual or a potential buyer (and its agents and advisers) in relation to any actual or proposed divestiture, merger, acquisition, joint venture, bankruptcy, dissolution, reorganisation, or any other similar transaction or proceeding in compliance with applicable laws and regulations. Where this is required, we will take steps to minimise any data that is shared.
D. Law enforcement body, regulatory body, government agency, court, lawyers to comply with laws and defend our rights and interests
E. At your request or for our legitimate interest or compliance with laws and regulations
We may disclose your personal information to any other person: with your consent; where we have an overriding legitimate interest (on balance with your interests) to do so; or where we have a legal or regulatory obligation to do so.
Protecting the safety and privacy of children is very important to us.
By creating your BALENCIAGA profile, or by registering through any means, or by placing an order, you confirm that youhave reached the age of consent in your country of residence (or, if you are under the age of consent, that your parent(s) or legal guardian(s) also agree(s) to such registration or order when they can give you such authorisation under the law of your country of residence).
If we become aware (including through a request from your parent(s) or legal guardian(s)) that we have inadvertently received personal information in contradiction to the above, we will delete such personal information from our records.
Subject to your applicable privacy legislation, you may be entitled to one or more of the following rights and exercise them on your own or via a legal representative acting on your behalf. We, BALENCIAGA, are committed to protecting your rights and allowing you to exercise them. You will never be discriminated against when you exercise your right in good faith under any applicable privacy law.
If you need any further information regarding your rights, how to exercise any of your rights, or if you have any complaints or questions regarding our privacy practices, please contact our privacy team and Data Protection Officer at firstname.lastname@example.org or by completing the form available here (or see How can you contact us?).
A. Right of access, rectification and erasure
Under certain circumstances you may have the right to request access to and obtain a copy of any of your personal information that we may hold. Such right of access also includes the right to receive information in particular about the purposes of the processing, the categories of personal information concerned, the categories of recipients to whom your information may be disclosed, and the envisaged period for the retention of your information.
You may also request correction of any inaccurate personal information relating to you and to request the deletion of your personal information. You can see and update most of this personal information yourself online, or by contacting our customer services, or by emailing our privacy team at email@example.com or by completing the form available here (or see How can you contact us?).
Specifically, subject to your applicable privacy legislation, your right of access may include:
- the right to request whether and how your personal information is processed and whether it has been shared with a third party in the preceding 12 months, in particular if you are an Aruban resident.
- the right to obtain confirmation that we process personal information about you, to request information about the public and private entities with whom we have shared your personal information, and to request information about the possibility of denying consent and the consequences of such denial, in particular if you are a Brazilian resident.
- if we cannot satisfy your request for correction, the right to request that a statement of correction be attached to your information noting that a correction has been sought but not made, in particular if you are a resident of New Zealand.
- the right to be informed of any disclosure of inaccurate personal information about you, in particular if you are a resident of Qatar.
B. Right to withdraw consent
Where processing of your personal information is based on your consent, you have the right to withdraw it at any time. For example, if you no longer wish to receive electronic marketing communications, you can change the settings in your BALENCIAGA profile, use the ‘unsubscribe’ link provided in our emails, text the STOP number in our text messages, or contact us directly and we will stop sending you communications. Please note that the withdrawal of your consent will not affect the lawfulness of processing based on your consent as carried out before such withdrawal.
If you are a resident of the United States or Guam, please also see Specific information on text and instant messages for residents of the United States or Guam residents.
C. Right to personal information portability
Under certain conditions, you may have the right to receive personal information you have provided to us within a structured, commonly used and machine-readable format, and also to require us to transmit it to another data controller where this is technically feasible.
D. Right to restriction of processing
Subject to privacy legislation applicable to you, you may have the right to restrict our processing of your personal information in particular where:
- you contest the accuracy of the personal information (until we have taken sufficient steps to correct or verify its accuracy);
- the processing is unlawful, but you do not want us to erase the personal information;
- we no longer need your personal information for the purposes of the processing, but you require such personal information to establish, exercise or defend legal claims; or
- you have objected to processing that has been justified on legitimate interest grounds, pending verification as to whether we have compelling legitimate grounds to continue processing.
Where personal information is subject to restriction in this way, we will only process it with your consent or to establish, exercise or defend legal claims, in accordance with local legislation.
Specifically, subject to your applicable privacy legislation, your right to restriction of processing may include:
- the right to request the anonymization, blocking or deletion of any unnecessary or excessive personal information or personal information processed unlawfully, in particular if you are a Brazilian resident.
- the right to request us to stop transferring your personal information to a third party, in particular if you are a Vietnamese resident.
E. Right to object to processing
Where we rely on legitimate interest to process personal information, you may have the right to object to that processing. In this case, we must stop using your personal information for that purpose unless we can either demonstrate compelling legitimate grounds for processing that override your interests, rights and freedoms or where we need to process the personal information in order to establish, exercise or defend legal claims. Where we rely on legitimate interest as a justification for processing, we believe that we can demonstrate such compelling legitimate grounds, but we will consider each case on an individual basis.
Where your personal information is processed for direct marketing purposes, you may also have the right to object to this at any time. This includes profiling to the extent that it is related to such direct marketing. For example, if you wish to object to receiving electronic marketing communications, you can change the settings in your BALENCIAGA profile, or use the ‘unsubscribe’ link provided in our emails, or text the STOP number in our text messages, or contact us directly and we will stop sending you communications.
F. Deceased person rights to privacy
To exercise rights on behalf of a deceased individual, you may be required to provide us with proof that you are an immediate family member or executor of the deceased person. Subject to applicable privacy laws, we may not be able to support your request. Please be informed that under certain laws (for example in France), you can define directives relating to the storage, erasure and communication of your personal information after your death.
G. Specific information on text and instant messages for residents of the United States or Guam residents
This section applies when you provide prior express consent to receive text messages or instant messages from BALENCIAGA. Messages that you may receive from us may include one time or recurring text or instant messages relating to our products, our services, our activities or including any other information that you have requested. At enrollment for recurring messaging programs, we will specify the approximate frequency of messages.
You may opt-out of receiving future messages by texting STOP to the number indicated in our message. For help or for more information, you may contact us at firstname.lastname@example.org(or see How can you contact us?).
Messages are subject to the terms and conditions of your mobile carrier. Standard message and data rates may apply. Marketing and non-marketing text and instant messages may be sent to your mobile number using an automatic dialing system.
We cannot guarantee timing or receipt of the messages, as this may be affected by forces outside of our control. In the event that a message is delayed, or not received, we are not responsible for any related impacts.
You agree to provide us with a valid mobile number. If you change your mobile phone number, you agree to opt out of receipt of texts and instant messages prior to changing your mobile number.
H. Specific information for Californian residents
If you are a Californian resident, subject to certain conditions and limitations, you may have the following rights with respect to personal information about you:
A. Right of access - You may be entitled to request that we disclose to you personal information we have collected about you, in the preceding 12 months, the categories of sources from which the information was collected, the purposes of collecting the information, the categories of third parties we have shared the information with, and the categories of personal information that have been shared with third parties for a business purpose.
B. Right of data portability – In some instances, you may have the right to receive the information about you in a portable and readily usable format.
C. Right to have personal data erased – Subject to certain conditions, you may be entitled to request that we delete personal information about you. We will not delete personal information about you when the information is required to fulfill a legal obligation, is necessary to exercise or defend legal claims, or where we are required or permitted to retain the information by law.
If you chose to exercise any of these rights, we will not discriminate against you on the basis of choosing to exercise your privacy rights. We may, however, charge a different rate or provide a different level of service to the extent permitted by law.
Sale of your personal information
However, to the extent our transfers of your personal information to certain third-parties may be interpreted as a “sale” under California privacy law, you have the right to opt out of that sale of your personal information. Please note that we will still share your information in ways that are not a “sale,” such as with our service providers, for our own online advertising purposes.
If you are a Californian resident you also have the right to submit a Shine the Light Request: you may have the right to request that we provide you with a list of certain categories of personal information we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, as well as the identity of those third parties.
Verification of your request
Before providing you with the above rights, we must be able to verify your identity. In order to verify your identity, you will need submit information about yourself, including, to the extent applicable, providing your account login credentials or other account information, answers to security questions, your name, government identification number we already have on file, date of birth, contact information, or other personal identifying information. We will match this information against information we have previously collected about you to verify your identity and your request. To the extent you maintain an account with us, we will require you to login to that account as part of submitting your request. If we are unable to verify your identity as part of your request, we will not be able to satisfy your request. We are not obligated to collect additional information in order to enable you to verify your identity. For deletion requests, you will be required to submit a verifiable request for deletion and then to confirm separately that you want personal information about you deleted.
How to make your request
You may make one request per calendar year. In your request, please attest to the fact that you are a Californian resident and provide a current California address for your response. You may request this information in writing by contacting us email@example.com, by completing the form available here or calling our toll-free number + 44 20 33 18 60 32.
When can you expect to hear from us
We will confirm receipt of your request within 10 business days and provide information about how we will process the request, including the verification process and expected response time. Please allow up to forty-five (45) days for a response, from the day the request is received. We may require an additional forty-five (45) calendar day extension.
“”Additional Information: to the extent permitted by applicable law, we may charge a reasonable fee to comply with your request. This statement is available in alternative formats upon request. Please contact firstname.lastname@example.org or + 44 20 33 18 60 32 to request this statement in an alternative format.
I. Right to lodge a complaint
You also have the right to lodge a complaint with your local supervisory authority if you consider that the processing of your personal information infringes applicable law.
If you are a resident of a Member State of the European Economic Area, you may refer to the list of data protection authorities in the European Economic Area available here.
Under applicable legislation, you may have the right to bring complaints relating to the processing of your personal information before civil courts, in particular if you are a Chilean resident.
J. Modalities of response to your requests, additional information or assistance
If you need any further information regarding your rights or how to exercise any of your rights, or if you have any complaints or questions regarding our privacy practices, please contact our privacy team and Data Protection Officer at email@example.com or by completing the form available here (or see How can you contact us?).
To help protect your privacy and maintain security, we will take steps and may require you to provide certain information to verify your identity before granting you access to your personal information or complying with your request.
Where permissible under applicable law, we reserve the right to charge a fee for instance if your request is manifestly unfounded or excessive, to cover the administrative costs incurred by your request. We will endeavour to respond to your request as soon as possible and in any case within the applicable timeframe.
We may also notify you in case of material changes and, where required by applicable law, we will seek your consent to those changes.
When you visit any website, it may store or retrieve information using your browser, mostly in the form of cookies. This information might be personal information about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalised web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies.
If you have any questions regarding our privacy practices or how we handle your information, please contact our privacy team and Data Protection Officer by sending an email to firstname.lastname@example.org. or by using the form available here.