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Privacy Policy, NewStore

DECATHLON PRIVACY POLICY - NEWSTORE ASSOCIATE APP

Draft Date: May 24, 2018

Effective as of May 24, 2018

This Privacy Policy describes the principles and practices that apply to the collection and use of personal information (defined below) that Decathlon USA LLC (“Decathlon”, “we” or “us”) collects from or through the NewStore Associate App (“App”) from individuals (“user” or “you”).

Summary

  • We collect a user’s personal information to provide the user with the content, products and services that the user requests;
  • We may use a user’s personal information to understand how to better market our products to that user;
  • We do not share a user’s personal information with third parties other than our service providers, or in the course of our business with the user, or in the event of a dispute, unless required by law;
  • We take reasonable measures to protect the security of users’ personal information;
  • We want to sell our products to users, but we do not want to annoy them. We provide numerous ways for a user to limit our use of the user’s personal information;
  • Users are entitled to a transparent relationship. Users have the right to access, and obtain correction or deletion of, personal information about them that we have collected and retained.

Definitions and background

For ease of use of this document, the following terms will have the specific meaning provided below:


"App" is the mobile Associate Application developed by NewStore, our third party supplier, that we use to cash you out at our store, on 735 Market Street, San Francisco, CA 94105 (the “Store”), or to order delivery from our warehouse to the desired shipping location of the products that you have purchased.


"Device" means a computer, laptop, desktop, smartphone, tablet, credit card reader device, and any other similar equipment that is used for online activities or for shopping at our Store.


"Personal Information" means information that identifies an individual or that, when combined with other information available to the data holder may allow identifying an individual with reasonable certainty.

"Promotion" means survey, contest, webcast, or promotion that we organize alone or in cooperation with a business partner.

"Registered User" means an individual who has provided contact information in order to receive content from Decathlon, such as a newsletter or an offer for a special discount for a product, or as part of the purchase of a product.

"User" means an individual who uses the App. A User can be an individual who merely explores the App, or a Registered User.

Website” means the Decathlon website located at www.decathlon.com.

 

Scope and Consent

This Privacy Policy applies to the information that we collect or receive from users of the App; and any individual with whom we interact through telephone, correspondence, or electronic communications, newsletters, interviews, surveys, contests or promotions.

By using the App, you are consenting to the processing of your information by or on behalf of Decathlon as set forth in this Privacy Policy. Your continued interaction with us after we have notified you of a material change in our Privacy Policy in accordance with the Updates section below will be deemed an acceptance of these new terms.

 

What information we collect and how

We collect personal information in a variety of ways:

If you use our App - We collect information about your Device. This information is automatically provided by your browser. This may include Device information (type of device, operating system version, unique device identifier, browser type and version, and mobile network information) or log information (IP address, smart phone identifier, screen resolution, and referring domain).


If you become a registered user - We require users to submit contact information if they wish to purchase products or services through the App, receive our newsletter or other information, or participate in a Promotion. In this case, the user becomes a "Registered User."

If you purchase a product or service through the App - We may collect contact information, such as name, phone number, email address, payment information, and shipping address from individuals who purchase products at the Store, using the App. 

If you purchase a product for delivery to a third party - If you purchase a product for delivery to a third party (e.g. as a gift), we also collect the contact information and shipping address of that third party. If you provide us with the contact information and shipping address of an individual to whom you want to send a gift, you represent and warrant that the individual does not object to our collection of his/her personal information for the purpose of delivering the Decathlon product or service to him/her.

If you contact us - We may keep a record of your contact information and correspondence, the purpose of your contacting us, and our interaction with you if you contact us for any purpose.

Cookies - We may collect information through cookies and other technologies, such as information about a user's online activity, the pages of our Website that the user visited, the search terms used, and any link or advertisements on which the user clicks.


Other sources - We may obtain personal information from affiliated entities, business partners, publicly available databases, and other independent third-party sources and add it to our contact database for marketing and sales purposes to combine it with other information that we have collected or obtained otherwise.


How we use personal information

Our primary goals in collecting personal information are to assist users in completing the purchase of our product or services; to interact with our users, such as providing information about our new products or services; to better understand the individuals who are interested in our products or services, so that we can find more efficient and effective ways to respond to their questions and inquiries, and market our products to them.  The more we know about your interests, the better we can communicate with you, anticipate your needs and communicate with you in a productive and enjoyable manner. This interaction may occur in several different ways:

All Users - We use personal information to provide our users with access to the public areas of our Website and information about our products. We may also use personal information about our users to communicate with them, respond to their questions, or as otherwise described at the point of collection of information.

Registered Users - If you are making a purchase in our Store through the App, we will use the information that you provide in order to complete the purchase of our products or services; ship a product in accordance with your instructions, manage your Registered User account and give you access to the special service or document that you requested. We will assume that you are interested in our products or services, and may send you periodically additional information and news. You have the right to opt-out from receiving any future communications. See our User's rights section. 

Gift Recipients - If you are the recipient of a gift that is purchased from us through the App, we will use your personal information to deliver the gift that has been purchased for you. Once the delivery is complete, we may continue interacting with you, to ensure that you are able to use the gift and to make you aware of other Decathlon products or services of that may be of interest to you. You have the right to opt-out from receiving any future communications other than administrative communications that are related to the delivery of your gift. See our User's rights section.

Correspondence -We may use your correspondence, contact information, email address, and any information that you provide in your messages, to respond to you.

Marketing and Business Development - We may use your contact details to solicit feedback from you, including through surveys. We may also use your personal information to estimate how likely you might be to become a customer, to send you marketing communications and promotional material; or to provide you with information about our promotions, and our other products.

Investigations - We may use personal information to prevent or investigate potentially prohibited or illegal activities.


Analytics - We may aggregate personal information and usage data in order to obtain statistical information, such as to calculate the percentage of users who have a particular zip code or telephone area code. We also use aggregated information for research and/or product development, for example, to measure interest in, or monitor the use of any product or promotions that you purchase through the App, to improve these products or promotions, and for the technical administration of the App.

 

With whom we share personal information

From time to time, we may disclose personal information to third parties, as follows:

Business Partners - We may team up with other companies ("business partners") to offer certain promotions, jointly sponsor and promote such promotions, and develop subsites or separate websites that are used for a promotion. If you decide to participate in one of these promotions, the personal information that is collected from the relevant subsite will be collected by both Decathlon and the business partner(s) participating in the promotion. We will use that information in accordance with this Privacy Policy, and our business partner will use it in accordance with its own privacy policy. Please note that we do not control the privacy practices of our business partners.

Service Providers - We may engage certain third parties to perform functions and provide services to us, including, without limitation, hosting and maintenance, customer relationship, storage, database management, credit card processing, shipping, fraud prevention, business analytics, chat, website analytics, website optimization, lead scoring, retargeting, direct marketing campaign and the sending of newsletters, or similar services.

We will share your personal information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your personal information.

To Defend or Enforce our Rights - We may use or share personal information to protect Decathlon or protect the App, to establish or exercise our legal rights, respond to a breach of the App Terms of Use, when we believe it is appropriate to protect the property and rights of Decathlon or a third party, the safety of our company, our customers or others, to investigate, prevent, take action against, or stop any fraudulent, illegal, unethical, or legally actionable activity, in connection with the App, or other products. 

Business Transfers - If any or all of the assets of Decathlon are acquired by, or merged with those of another entity, or in the unlikely event of a bankruptcy, we may disclose, share or transfer some or all of our users' personal information to or with this entity in preparation of the transaction, as part of the due diligence, or after the transaction has been consummated, so that the successor entity can continue providing our services to our users.


Compliance with Laws and Third Party Requests - Decathlon cooperates with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our reasonable discretion, believe necessary or appropriate to respond to and defend against legal claims, respond to legal process (including a facially valid subpoena, warrant, court order or other legal process), or otherwise as required by law. Please note that we may not be able to notify you of a request for the disclosure of your information as described above, because doing so might be prohibited by law, or because doing so would jeopardize an investigation into illegal or fraudulent activity, or because we do not have your contact information. 

Aggregate Information - We may prepare reports, market analysis, and trend analysis that are based on compilation of data that Decathlon has collected. These reports do not contain specific user information, but only aggregate information regarding a group of users. Data aggregation is a process in which data is gathered and expressed in a summary form for purposes such as statistical analysis, in order to obtain information about a particular group based on specific variables. This aggregated information is used for industry analysis, demographic profiling, and other purposes. 

User's rights


Right not to provide information - You can choose not to provide us with any personal information. However, if you wish to obtain access to certain content, ask us a question, initiate a transaction, or to take advantage of certain features of the App, you may be required to provide certain contact or other Personal Information, as indicated in the relevant form. 


Right to object to new uses of your Personal Information - If at any time we wish to disclose, or use your personal information in a way, or for a purpose other than as described in this Privacy Policy, we will give you the opportunity to choose (opt out) whether your personal information may be used for a purpose other than the purposes that are set forth in this Privacy Policy before the changes become effective. 

Right to know about third party marketing - We do not currently share your personal information with third parties for their direct marketing purposes. If at any time we wish to disclose, or use your personal information in a way, or for a purpose other than as described in this Privacy Policy, we will give you the opportunity to choose (opt out) whether your personal information may be disclosed to a third party. 

Right to block marketing communications - If you no longer wish to receive marketing information or communications from us or from our affiliates entities, you can unsubscribe from our distribution list by following the unsubscribe instructions provided in the communications that you receive from us or by requesting us to make such changes by contacting as indicated in the How to contact us section.

Accessing, Changing or Deleting Personal Information - If you are a Registered User, you may update or correct the information you provided to us by logging into your account and making the applicable changes or by requesting us to make such changes by contacting as indicated in the How to contact us section. We will respond to requests for access as soon as possible. 


Data Retention


We will retain user information for as long as the user account is active or as needed to provide services to the user. If you wish to cancel your account or request that we no longer use your information to provide you services contact us as indicated in the How to contact us section. 

Please note, however, that we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We will respond to requests for access as soon as practicable.


Security

Decathlon employs administrative, physical, and electronic measures designed to protect your information from unauthorized access, loss, misuse, disclosure, alteration, and destruction. While we do our best to implement security measures, we do not guarantee that our safeguards will always work. 

When we need to transfer information out of our firewall, we use industry-standard technological means to protect personal information while in transit through the Internet. We use encryption and a comprehensive authentication protocol to provide reasonable security when transmitting sensitive information (such as credit card information). However, please remember that no security system on the Internet is perfect. 

 

Limitation of liability

We exercise reasonable efforts to safeguard the security and confidentiality of your personal information; however, transmissions protected by industry standard technology and administered by humans cannot be guaranteed to be secure. We will not be liable for unauthorized disclosure of personal information that occurs through no fault of Decathlon including, but not limited to, errors in transmission, access to your account by anyone other than you, uses of your user ID and password by a third party, your failure to comply with your security obligations, and the unauthorized acts of Decathlon’s employees.

 

Our policy towards children

The App is not directed to be used by persons under 13. If a parent or guardian becomes aware that his or her child has provided us with personal information without their consent, he or she should contact us as indicated in the How to contact us section. If we become aware that a child under 13 has provided us with personal information, we will remove such information from our files.

 

International transfer

Your information may be transferred, stored, maintained, and processed in the United States or in other countries where we have facilities or where we have engaged a service provider. This storage, maintenance or processing will be performed under privacy and security laws and standards that may not be as protective as those in your jurisdiction. By using the App or by providing information to us, you consent to such storage, maintenance and processing outside your country of residence.

 

Disputes

If you have any concerns or claims with respect to our Privacy Policy, please contact us as indicated in the How to contact us section. We will investigate and attempt to resolve any complaints and disputes regarding our use and disclosure of personal information.


If the complaint or dispute cannot be resolved through our internal process, the dispute will be resolved in accordance with the Dispute section in our Terms of Use.

 

Updates

This Privacy Policy may be updated from time to time in order to reflect changes in our practices. We will notify you of any material changes by posting the new Privacy Policy on the App, and will obtain the necessary consents as may be required under applicable law if we seek to collect, use or disclose personal information for purposes other than those for which consent has been obtained.


Except as stated above, all changes will apply to the personal information that are already collected, and to personal information that are collected after the effective date of the revised policy. If any proposed change is unacceptable to you, you will have the right to terminate your account with us. You are advised to consult this Privacy Policy regularly for any changes.

 

How to contact us
If you have any questions, comments or complaints about this Privacy Policy or our use of your personal information, please contact us as follows: 

By email: customer.experience.team@decathlon.com