This policy applies to Bally Australia Pty Ltd ACN 000 951 431, and each of its related bodies corporate as defined in the Corporations Act 2001 (Cth), collectively referred to as “we”, “us”, or “the Bally Group”. Bally Australia Pty Ltd is the Data Controller for the purposes of this policy. This policy describes the way we collect, hold, process, disclose, and protect your personal data. For further information, or to request a copy of this policy in a different format, please contact us using the details provided in section 3 below.
“Personal data” means any information that is reasonably capable of identifying you.
1. WHAT INFORMATION IS COLLECTED?
We will primarily collect personal information directly from you, or from your authorised representatives. We may also collect personal information from third parties such as information or service providers, other organisations with whom you have dealings, credit reporting agencies, publicly available records, regulatory authorities, your employer, government agencies, or recruitment agencies.
The types of personal information that we collect and hold is influenced by the nature of our dealings with you. For example, we may collect current and historical personal information including your name, gender, contact details, identification, financial information like credit card and/or bank account numbers, organisation, employment, positions held and enquiry/complaint details. We may also collect personal information about your other dealings with us and our clients, including any contact we have with you by telephone, email or online.
We may collect personal data directly from you, for example, if you:
a) voluntarily decide to interact with the features of our website (www.bally.com.au, “the Website”);
b) request or purchase our goods or services, either online or otherwise;
c) access reserved sections within the Website;
d) ask to receive newsletter and/or commercial and promotional information;
e) request e-commerce services offered through the Website;
f) attend one of our stores in person;
g) attend our corporate offices, or an event hosted or sponsored by us;
h) apply for or register your interest in employment with us
While we do not seek to collect any sensitive personal data, some of the personal data we collect, for example, in the recruitment context outlined above, may be sensitive data. Sensitive data includes racial or ethnic origin, criminal record, court records, medical records, disability status or health information. We will only collect sensitive data about you with your consent or when permissible under Australian law, and will only use this information for a legitimate purpose where it is reasonably necessary.
If we receive unsolicited personal information, we will handle such information in accordance with the law, including by destroying or de-identifying such information as required by law.
2.HOW WILL PERSONAL DATA BE USED?
We may process and use personal data for the following purposes:
a) to fulfil legal and/or fiscal obligations;
b) to administer, monitor and manage the Website;
c) to fulfill your request to register to the Website;
d) to provide e-commerce services offered through the Website;
e) to provide information, products and services to you at your request;
f) to conduct market research and statistical processing;
g) to send direct marketing emails;
h) to process inquiries and complaints; and
i) to process your job application.
In addition, exclusively where you give your specific, informed and unambiguous consent, we may also process your personal data for: a) the purposes of defining individual or group profiles (user profiling), for example in order to tailor the content you see on the Website to your specific needs; and/or for b) marketing purposes, notably to send you, also through newsletters, emails or text messages, information and updates on our products or initiatives, offers, exclusive sales, promotional campaigns and on the events, show and similar events we organize or we take part in, including invitations to such events.
3. DO YOU NEED TO GIVE US YOUR DATA?
Subject to the data collected by our cookies (see section 1 above), you are not required to provide us with any personal data.
However, providing personal data is necessary if you wish to register for the Website, subscribe to our newsletters, purchase products and/or have access to other services and features provided by us.
The provision of your personal data for profiling and marketing purposes is always voluntary and optional. If you do not consent to the processing of your personal data for profiling and marketing purposes you will still have access to some services and features on the Website. If you wish to register for the Website, to gain access to the premium Website features and enable us to send you exclusive information and updates, special offers, sales, promotional campaigns, including invitations to events, tailored to your preferences, then your consent to the processing of your data for profiling and marketing purposes is required.
If you do not consent the processing of your personal data for the purpose of profiling and marketing, you will still be able to use the Website and purchase goods through the Website as a guest user.
In any case, you can withdraw your consent or object to the processing of your personal data for the purpose of profiling and marketing at any time.
With respect to the purpose described under previous letter a), the legal basis for the processing is the compliance with a legal obligation to which the Data Controller is subject; therefore, your consent is not necessary to allow the processing.
The legal basis for the processing described under letters b) to e) is the satisfaction of a request formulated by you through the Website. For the pursuit of such purposes your consent is not necessary.
With respect to the purpose described under previous letter g), the legal basis for the processing is the legitimate interest of the Data Controller. In any case, you will always have the right to object to the processing of your personal data for the purpose of direct marketing using the “unsubscribe” link.
4. HOW CAN I ACCESS, CHANGE OR ERASE MY PERSONAL DATA?
At any time, you are entitled to request access to all your personal data collected by us, request that such data be supplemented, updated, rectified or erased, as well as to object to the processing and to lodge a complaint before the competent supervisory authority.
If you want to exercise the above rights, want further information about how we process data, or if you believe that we have breached our obligations under the Privacy Act 1988 (Cth), or have any complaint regarding the treatment of your personal data by us, please contact the Data Controller by:
We will make every endeavour to respond to your request as soon as reasonably practicable.
If we have not responded to your complaint within 30 days, you can make a complaint to the Office of the Australian Information Commissioner about the handling of your personal information.
In addition, with specific respect to your right to withdraw the consent given to the use of personal data for the delivery of commercial and promotional material via email, you may also click on the “Unsubscribe” link available in every commercial communication sent by us and/or other companies of the Bally Group.
We value the security and confidentiality of the personal data we collect and hold about you. In securing your information, we employ physical, electronic and managerial security procedures including:
a) storage of information in an electronic database, access to which is limited; and
b) Secured offices and data storage.
c) Use of SSL encryption
d) Use of fraud management systems for payment and information security
We will only retain your personal data while it is required for our business functions, or for any other lawful purpose.
6. ARE PERSONAL DATA TRANSFERRED TO ANOTHER COUNTRY AND ARE PERSONAL DATA DISCLOSED TO OTHER ENTITIES?
Your personal data may be transferred to other legal entities within the Bally Group located outside of Australia. Specifically, your personal data may be transferred to Bally Group members in Switzerland for the purposes listed at section 2 above. In those circumstances we will ensure that the transfer of your personal data is carried out in accordance with applicable privacy laws and that appropriate contractual, technical, and organisational measures are in place to ensure that any third party is committed to protecting your privacy and complying with a law or scheme which has the same or similar effect as the Privacy Act.
Member companies of the Bally Group may process your personal data to send marketing communications, provided that your specific consent for this kind of processing activity is given.
In addition, your personal data may be processed by third parties belonging to the following categories:
a) third parties that provide services for the management of the IT system;
b) third parties that provide legal, accounting and consulting services;
c) law enforcement or regulatory agencies, or other authorized third-parties.
The subjects pertaining to the categories indicated above shall act, in some cases, as autonomous data controllers, in other cases, as data processors specifically appointed by us pursuant to Article 28, GDPR, and pursuant to our obligations under the Privacy Act.
7. HOW LONG ARE PERSONAL DATA RETAINED?
Your personal data will be processed and stored for as long as required for the purposes for which they were collected, and in accordance with the storage periods provided for by the applicable laws, or until you revoke your consent to the processing, if applicable. After such period, your personal data will be automatically and permanently erased or made anonymous.
For example, should you register to the Website, your personal data will be deleted following your departure (i.e., “deregistration” from the Website), as long as no purchase is performed through the Website and no issues regarding the services we have provided to you are pending at the time of your leaving.
As a non registered user of the Website, your personal data processed for the purpose of providing you the services you asked for, will be stored only for the period strictly necessary to fulfill your request.
Should you purchase items through our e-commerce services, the data we collect to satisfy your request will be deleted 10 years after the date of the relevant purchase order, as long as no issues relating to said purchase are outstanding at that time.
Bally destroys personal information, by shredding and disposing of documents, also storing in locked / secured areas within the main office premise.
8. WHO IS THE DATA CONTROLLER AND DATA PROTECTION OFFICER?
For the purposes referred to at the letter b) and d) of the paragraph 2 above, the Data Controller is Bally Australia. Please contact the Data Controller by writing to Bally Australia or sending an e-mail to email@example.com.
For the other purposes as described in this privacy notice, the Data Controller is Bally Schuhfabriken AG. Please contact the Data Controller or Data Protection Officer (“DPO”) by writing to Bally Schuhfabriken AG, Via Industria 1, 6987 Caslano (Switzerland) or by sending an e-mail to firstname.lastname@example.org.
The Bally Schuhfabriken AG’s representative in the European Union is Bally Italia s.r.l., with registered office in Viale Don Minzoni, 39, 50129 Firenze Italy, (“Representative”).