Please note that you have the right to object to us processing your personal information for our legitimate business purposes or for direct marketing purposes (including any related profiling we do to help ensure that our marketing is relevant to our customers’ interests). For more information about your right to object and how you can exercise it, please see section 12. WHAT ARE MY PRIVACY RIGHTS?
Personal information (or personal data) is any information which identifies you personally whether directly (for example, your name) or indirectly (for example, information about your use of the Service).
Information you give to us
We collect the following personal information from you:
o register for “My Account” on our Website;
o complete the “About Me” questionnaire to tell us about your shopping preferences, in which we may also collect your gender, shoe size, shoe width, clothing size, hobbies, shopping preferences, information about your weekly workouts and whether you have kids and their genders;
o sign up to receive our marketing communications;
o enter any of our competitions, contests, promotions, surveys or questionnaires, in which we may also collect your social media handle(s);
o contact or correspond with us about the Service (or any component of it); and/or
o participate in a New Balance run club.
Information you give to us if you participate in the Stride I.D. Experience
The New Balance Stride I.D. Experience features scan technology provided by our technology provider Volumental that uses infrared imaging to create a three-dimensional (3D) image of your feet and collects key measurements about you and your feet, including your gender, foot length, foot width, arch height, strike, flexibility and foot size. The scan technology also creates a shoe profile including foot size and foot width in order to generate a 3D mesh image of your feet.
The scan technology can also be combined with gait analysis technology, which involves conducting a video analysis of your feet as you run to measure your gait.
We also collect information about the shoe model you try on and if you make a purchase.
Together, this information is used to help us provide a better fit recommendation matched to your needs and find the perfect shoes to optimise the performance of athletes.
Where you elect to receive a copy of your 3D foot scan (and where applicable a snapshot image from your gait analysis video) we also collect your name, email address, telephone number and age range and retain this information with your Stride I.D. and gait measurement metrics. If you elect not to receive a copy of your 3D foot scan image or snapshot image from your gait analysis video, we will delete your gait analysis video and will retain only the resulting measurement data from which we cannot identify you. We retain this information in order to better understand and improve how our products fit.
We share the measurement data (but never your contact information) with Volumental, who use this information to improve their scanning technology. Volumental also retains the raw infrared images from your scan and the resulting 3D mesh image for the same purpose of improving their foot scanning technology to offer customers best fit solutions. We never share any contact information (such as your name or email address) with Volumental. If, after your scan, you object to the processing as described in this section, we will delete your scan and any measurement data and instruct Volumental to do the same.
Information we collect from other sources
We also obtain information about you from other sources:
We use the personal information that you submit to us or that we collect about you through your use of the Service for the following purposes:
To process your orders and returns
We need to use your personal information to process any orders and returns you make in accordance with our Terms and Conditions. This activity includes contacting you to confirm when you have successfully placed an order, managing payments, fees and charges, and collecting and recovering any money owed to us. It requires us to process your identity and contact information, payment information and transaction information.
To register you for, and manage, "My Account”
If you wish to create an account using the "My Account" service, we need to process your identity and contact information. You will also be asked to provide account login details. Once the account has been created, we use this information to identify you as a new or returning customer and manage your account going forwards. This includes keeping a record of your account login details (your username and email address) in case you need reminding of these in the future.
To provide you with the services available through our Website
In order to provide certain services through our Website, we need to process your personal information. For example, New Balance uses your personal information for the following purposes with respect to providing you with services available through our Website:
To manage your relationship with us
To operate the Stride I.D. Experience
If you participate in the Stride I.D. Experience and have provided your consent to do so, we use the information collected from you to:
For more information about the Stride I.D. Experience, see section 3. WHAT PERSONAL INFORMATION DOES NEW BALANCE COLLECT ABOUT ME AND HOW.
To keep New Balance retail stores secure
We operate CCTV at our retail stores where necessary to monitor security and safeguard the safety of visitors and staff. There are prominent signs in the areas where CCTV is operated. Your image may be collected if you visit one of our stores. Any CCTV footage is automatically deled after three months.
Please note that access to CCTV footage is restricted to authorised New Balance staff only. It is not shared with any third party, except law enforcement agencies in limited circumstances where we are required to make such disclosure by law for the prevention and detection of crime.
To deliver relevant marketing to you (which involves automated decision-making and profiling in order to personalise and improve your customer experience)
Our marketing communications
If you have provided your consent to do so, we will use your identity, contact information and preferences to send you marketing communications by email about our products and services, including our newsletters and details of special offers and promotions which we think might be of interest to you.
You can unsubscribe or opt-out of our marketing communications at any time. See section 13. HOW CAN I OPT-OUT/UNSUBSCRIBE FROM NEW BALANCE MARKETING EMAILS? for details of how to do this.
Our use of automated decision-making and profiling
What this means for you is that, if you have agreed to receiving marketing communications from us, you are more likely to receive messages, special offers and promotions that we think you might like and are tailored to your preferences, based on your previous activity. It also means that we do not send the same marketing communications to all of our customers, so you may not be made the same offers as another customer.
In addition, we may use the information we collect about your preferences in order to display content and offers on our Website and other websites and apps that are more relevant to you and your interests.
This may include delivering targeted advertising on our Website or other websites and apps that you access, or limiting the number of times you see a particular advertisement.
Please note that the legal basis for us tailoring our marketing communications to your preferences is that it is in our legitimate interests to do so, having taken into account whether your interests and fundamental rights and freedoms are overridden by this type of processing. See section 5. WHAT IS NEW BALANCE’S LEGAL BASIS FOR ITS USE OF MY PERSONAL INFORMATION? for more information about what our legitimate interests are.
To communicate with you on social media
If you include New Balance or New Balance-related information in a social media posting, we may use the publicly-available information that you post to communicate with you regarding the post. We may also aggregate the data with data from other social media posts regarding New Balance (from which you cannot be identified) to better understand and more effectively manage New Balance’s social media presence and marketing campaigns.
To run competitions and contests
If you choose to enter a competition, contest or survey that we run, including those that we run on third party sites, we need to use your identity and contact information and any other personal information that you provide at the time of entry so that we can manage the competition or contest (as applicable).
To administer and protect our business and Website
We process your personal information in the course of administering our business and Website. This includes troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data.
To use data analytics to improve our Website marketing and the services available through our Website
We rely on the use of personal information to build a clearer picture of our customers both as a group and as individuals. We do this by using cookies and similar technologies to capture and analyse your use of our Website, the services available through them and your interaction with any marketing communications that we send to you. We may also aggregate this information on an anonymous basis with information relating to other customers for analytical purposes.
This enables us to serve you better as a customer as the information we gather helps us to improve:
To provide and improve Customer Care
We use your personal information to be able to provide and improve our Customer Care service. For example, we use the personal information we hold about you to help us address any enquiries or complaints you have made, or deal with any dispute which may arise in the course of us providing the Service to you.
To conduct market research
We may invite you to be involved in market research, such as customer surveys or questionnaires. If you accept our invitation, we will use your feedback to improve the Service. If you tell us that you don't wanted to be contacted about market research, or you don't accept our invitation, we will respect this choice and it won't affect your ability to access and use the Service.
To comply with our legal obligations and to detect, prevent and investigate other actual or suspected violations of law or misuse of our Service
In certain circumstances, we use your personal information only to the extent required in order to enable us to comply with our legal obligations, including to detect, prevent and investigate fraud or to facilitate the exercise of your consumer rights. In addition, we may need to use your personal information to detect, prevent and investigate any other actual or suspected violations of law or misuse of our Service.
Data protection law requires us to only process your personal information if there is a legal basis for us to do so. These are set out in data protection law and we rely on a number of different legal bases for the processing we carry out. These are as follows:
In certain circumstances, we process your personal information after obtaining your consent to do so for the purposes of:
Necessary for the performance of a contract between us
It is necessary for us to process your identity and contact information, payment information, transaction information and account login details for the performance of certain contracts between us. This includes, for example, terms and conditions relating to the use of our Website and the services made available through it, the sale of our products and the operation of our competitions and contests. In particular, we rely on this legal ground to process your orders, returns and payments, register you for “My Account”, manage your account and your relationship with us, run competitions and contests and provide and improve Customer Care.
Necessary to comply with our legal obligations
In certain circumstances, we use your personal information only to the extent required in order to enable us to comply with our legal obligations, including to detect, prevent and investigate fraud or to facilitate the exercise of your consumer rights.
Necessary for the purposes of our legitimate interests
• Third party service providers: For the purpose of operating our business, we may need to transfer your personal information to our third party service providers who use that information to conduct New Balance business on our instructions and act as “data processors” on our behalf for the purposes of applicable data protection law. Some of our third party service providers are located in countries outside of the EEA and where we transfer your information outside of the EEA, we make sure adequate safeguards are used to protect your personal information, including using specific contracts approved by the European Commission and/or ensuring the service providers located in the United States are part of the EU-US Privacy Shield as further described in section 8. INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION.
For example, our third party service providers assist us with credit card processing, shipping, data management, email distribution, information analysis, promotions management and other related services for New Balance. We provide our preferred service providers with the personal information they need to perform their services and work with them to ensure your personal information is protected.
Where you elect to participate in the Stride I.D. Experience, we share certain information with Volumental as described in section 3. WHAT PERSONAL INFORMATION DOES NEW BALANCE COLLECT ABOUT ME AND HOW.
• Recipients resulting from legal requirements: We may disclose your personal information:
o if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to protect the rights, property or safety of our business, our customers or others. This includes, in specific cases, sharing information with law enforcement or regulatory agencies, or authorised third parties, in response to a verified request relating to a criminal investigation or actual or suspected violation of law or misuse of our Service that may expose us and/or any customer or third party to legal risks or liability; and
o to successors in title or replacement operators of all or part of our business.
We have put in place a variety of security measures to protect the personal information we collect about you from being accidentally lost, used or accessed in an unauthorised manner, altered or disclosed.
For example, to ensure the information you provide online is secure during transmission, we use encryption technology and Secure Socket Layers (SSL). These controls are certified by DigiCert®. You can review our security certificate using your browser by clicking on the closed lock or solid key image at the bottom of your browser on any of the secure pages on our site. This will display the Service security information.
As mentioned above, you can choose to store your credit/debit card information in your "My Account" if you wish. To protect your security in these circumstances, we encrypt all stored credit/debit card information and we do not store your card's CVV/CVC number (which, as a precautionary measure, you are required to provide each time you place an order with us). If you choose not to store your credit/debit card information in an account with us, we will only temporarily store your entire encrypted credit/debit card information for as long as is necessary in order to validate your credit card (for example, to automatically contact a credit card company for verification). Once we have done this, we will securely delete your credit/debit card information from our systems.
The information in section 6. WITH WHOM DOES NEW BALANCE SHARE MY PERSONAL INFORMATION? sets out details of which of these safeguards is used to transfer your personal information to each of the third parties based outside of the EEA.
We do not knowingly collect personal information from anyone under the age of 13 (a "Child"), including from any Child who participates in the Stride I.D. Experience. If you become aware that your Child or a Child for which you have parental responsibility has provided personal information to us without your consent, contact Customer Care toll-free at 800 22394 or email email@example.com.
If we become aware that a Child has submitted personal information to us, we will promptly delete the information and we will not disclose it to third parties.
Otherwise, we securely delete your personal information from our systems when it is no longer needed.
You have the following rights with regard to your personal information:
|Rights||What does this mean?|
1. Right to be informed
2. Right of access
3. Right to rectification
You have the right to request that we rectify any personal information that we hold about you if it is inaccurate or incomplete. If you have a “My Account” with us, you can also view and update your contact information, billing and shipping addresses at any time by logging into your “My Account” on our Website. See section 14. HOW CAN I ACCESS, UPDATE OR DELETE "MY ACCOUNT" INFORMATION? for further details.
4. Right to erasure
This is also known as ‘the right to be forgotten’ and, in simple terms, enables you to request the deletion or removal of the personal information that we hold about you. This is not a general right to erasure; there are exceptions. For example, we have the right to continue using your personal information if such use is necessary for compliance with our legal obligations or for the establishment, exercise or defence of legal claims. If you have a “My Account” with us, you can delete your account at any time by logging into your “My Account” on our Website. See section 14. HOW CAN I ACCESS, UPDATE OR DELETE "MY ACCOUNT" INFORMATION? for further details.
5. Right to restrict processing
You have the right to restrict further use of your personal information where you believe that the information we hold about you is inaccurate, our use of such information is unlawful or if we no longer need to use the information for the purposes for which we hold it. When processing is restricted, we can still store your personal information, but may not use it further.
6. Right to data portability
You have the right to obtain and reuse the personal information that we hold about you in a structured, commonly used and machine-readable format, and (where technically feasible) to have such information transmitted to another "data controller", where: (a) this is personal information you provided to us; (b) we are processing such information on the basis of your consent or to perform a contract with you; and (c) the processing is carried out by automated means.
7. Right to object to processing
You have the right to object to us processing your personal information for our legitimate business purposes or for direct marketing purposes (including in each case any related profiling).
8. Right to withdraw consent to processing
If you have given your consent to us to process your personal information for a particular purpose (for example, in respect of marketing communications or the Stride I.D. Experience), you have the right to withdraw your consent at any time (although if you do so, it does not mean that any processing of your personal information up to that point is unlawful).
9. Right to make a complaint to the UK data protection authority
You have the right to make a complaint to the Information Commissioner’s Office (ICO) if you are unhappy with how we have handled your personal information or believe our processing of your personal information does not comply with applicable data protection law.
Please note that if you ask us to stop using your personal information in a certain way or erase your personal information, and this type of use or personal information is required by us in order to facilitate your use of the Service in any way, you may not be able to use the Service as you did before. This does not include your right to opt out of receiving marketing communications from us, which you can do so at any time without restriction.
If for any reason you would like to stop receiving emails sent by New Balance that notify you of upcoming events, promotions, sales, new products or contain other marketing content, simply click the unsubscribe link provided at the bottom of every email or on your My Account page on the Website. This will direct you to an unsubscribe page where you can opt out of receiving our marketing emails.
Accounts may be created during the ordering process. You can login to or manage your account by clicking the "My Account" link at the top of any page on our Website.
After logging in, you will be able to modify your identity and contact information, update your billing and shipping addresses and payment card details (if you have chosen to store this information in your account), view past orders, or delete your account completely.
For security purposes, credit/debit card information is not saved with your account unless you specifically request that it be saved by clicking the “save this card” box. In no circumstances will we store your card’s CVV/CVC number.
Remember that you are responsible for protecting the user name and password for your account and, as set forth in the Terms and Conditions, you will be responsible for all activity occurring through the use of your user name and password.
If you are not satisfied with our response to any enquiry or complaint or believe our use of your personal information does not comply with applicable data protection law, you can make a complaint to the Information Commissioner’s Office (ICO) by:
You will not have to pay a fee to access your personal information (or to exercise any of your other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive; or we may refuse to comply with your request in these circumstances.
We aim to respond to all legitimate requests within one month. However, it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
It is important that the personal information we hold about you is accurate and up to date. Please let us know if your personal information changes during your use of the Service.
Cookies are small text files that are transferred and stored by your web browser to your computer or mobile device when you visit or use a website. Cookies contain information that is unique to your web browser, which means they can be used to distinguish you from other website users and allow the website to remember your choices and preferences during your visit.
Cookies can be considered as ‘first party’ or ‘third party’ cookies depending on the domain that places them. First party cookies are cookies set by a website visited by the user (so in this instance, are cookies placed by the New Balance on our Website). Third party cookies are set by a domain other than that of the website visited by the user, so if a user visits a website and a third party organisation sets a cookie through that website, this would be a third party cookie. New Balance has both first and third party cookies on our Website.
Cookies can also be considered as ‘persistent’ or ‘session’ cookies depending on their duration. Persistent cookies remain on a user's device for the period of time specified in those cookies, and are activated each time that user visits the website that created the cookies, until the cookies expire or are disabled by the user. Session cookies allow the actions of a user to be linked during a single browsing session. A session starts when a user opens a browser window and ends when the browser window is closed, following which all session cookies are deleted.
Pixel tags and Web beacons are tiny graphic images that allow us or preferred service providers to track analytic information about your visit to our Website (such as pages viewed or links clicked) and monitor when HTML emails are opened.
We also permit a number of third party cookies on our website to assist and enable our marketing programmes and to meet our contractual obligations to record business transactions that were driven by leads (advertisements/ links) from third party websites.
Different cookies have different functions. Our Website uses the following cookies:
Strictly necessary cookies
These cookies are essential for our Website to operate. For example, they enable you to log into secure areas of our website (such as “My Account”, if you choose to create one) or add products to your shopping basket so you are able to view and pay for these when you have finished browsing. Some of the cookies we use help secure your browsing session and verify that the session is valid. You cannot opt out of these cookies as the Website cannot function properly without them.
We use some first party cookies and these allow us to measure and analyse how you use our Website so that we can measure the effectiveness of our Website and improve the way our Website works. We also use third party analytics providers to assist us with this process. Our main analytic provider is Google, Inc. through their Google Analytics platform. To find out more about Google Analytics you can follow this link: https://support.google.com/analytics/answer/6004245?hl=en-GB.
You can opt-out of Google analytics. To find out how please visit: https://tools.google.com/dlpage/gaoptout.
We also use Hotjar Ltd as an analytics provider. To find out more about Hotjar and how to opt-out of their tracking you can visit: https://www.hotjar.com/legal/compliance/opt-out
These cookies allow our Website to remember choices you make when visiting and recognise you when you return in order to provide functionality for your benefit. For example, functionality cookies allow our website to remember settings that are specific to you, such as your login details for “My Account” if you choose to create an account with us, so that you don’t have to log back in from the same device each time you visit (provided the relevant cookie was not disabled in the interim).
These cookies track your use of our Website, including the web pages or products you have viewed or put in your shopping basket. This information enables us to build a profile of your preferences so that we can display content on our Website and other websites and apps that is more relevant to you and your interests. This may include delivering targeted advertising on our Website or other websites and apps that you visit, or preventing you being targeted by advertisements or limiting the number of times you see a particular advertisement. We utilise a platform called Lotame to assist us in delivering relevant content and advertising to you. To find out more about Lotame and how you can opt out of the collection and use of your data you can follow this link: https://www.lotame.com/about-lotame/privacy/lotames-products-services-privacy-policy/
In addition, if you have consented to receiving marketing communications from us by email, direct mail, SMS text or telephone, we will use the information collected by these cookies to provide you with special offers and promotions that are tailored to your preferences, based on your previous activity on our Website. These cookies will also enable us to measure and analyse the effectiveness of marketing campaigns.
We work with a number of providers of tracking services. The cookies employed by these service providers allow them to record business transactions generated by third party leads and advertisements and allow us to pay commission to the originators of those leads. The purpose of the tracking cookies is to allocate one successful advertisement to a particular transaction and to perform the corresponding billing services. Personally identifiable information is neither collected nor processed nor used in this tracking. To find out more about these cookies please visit our providers sites:
The analytical/performance, functionality and targeting/advertising cookies on our Website are not strictly necessary for our Website to function but improve the overall performance of our Website and provide you with a better user experience. You can delete or block these cookies by changing the setting on your web browser that allows you to delete or block the setting of some or all cookies. Most browsers are initially set to accept cookies. Each browser is a little different, so check your browser Help menu to learn the correct way to modify your cookie settings.
However, please note that if you do delete or block cookies, we cannot ensure that all pages on our Website will be displayed and/or that all the features and functions of our Website will be fully available. However, you can still place orders over the telephone by calling Customer Care toll-free at 800 22394.
Please note that if you use different computers or mobile devices to access and use our Website, you will need to ensure that each web browser on each device is adjusted to suit your cookie preferences.
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