The Athlete’s Foot USA Privacy Policy

This Privacy Policy was last updated on, and is effective as of, September 10, 2018.

We are TAF Retail, LLC d/b/a The Athlete’s Foot (“TAF,” “we,” “us,” or “our”). Your privacy is important to us, which is why we have developed this Privacy Policy to explain our practices regarding the use and disclosure of personally identifiable information we obtain online from users of this website or application (including the website located at www.theathletesfoot.com/en-us) (collectively, the “Platform”).

WHEN YOU ACCESS THE PLATFORM, YOU AGREE TO THIS PRIVACY POLICY.

Collecting Information

In general, we avoid collecting any personally identifiable information from a user of our Platform unless that user provides such information or such information is provided to us by someone else. For example, you might be asked to voluntarily give your name, postal address, email address and phone number, and credit card or PayPal Information to us when you purchase products from our Platform, provide feedback on our products, or participate in one of our promotions. We may also collect and store statistics and other information about the online activities of our visitors on an aggregate basis.


How We Collect Information About You

We generally collect information through the Platform in three ways:

1: We collect information that our customers or visitors (including you) to the Platform supply to us.
2: We collect information from emails and other contacts sent to us by you, other customers and users of the Platform.
3: We collect information electronically on all customers and other users of the Platform by means of cookies.

Types of Personal Information We May Collect on the Platform

1: Information About Purchases:

To obtain goods or services through the Platform, you may be required to provide us with your full legal name, email address, full street address including city, state and zip code, and telephone number. And, to obtain certain goods and services from the Platform, you may also be required to choose your “username” and /or “password” and provide those to us.

For some parts of our Platform, you may also be able to submit information about other people. For example, you might be provided the option of ordering a gift, gift certificate or other products or service online. To do so you may be required to provide us personally identifiable information. For example, when you place an order with us by telephone or means other than our online ordering service, you may be required to provide us with your full legal name, full street address including city, state and zip code, and telephone number. If you place an order through a Platform, you may want the item purchased sent directly to the recipient; therefore, you might submit the recipient’s name, mailing address, email address and/or telephone number. It is also possible that someone may provide us with your personally identifiable information, with or without your permission.

2: Information From Promotions:

We, or third-party merchants, vendors and others we may be working with (each a “Third Party Promoter”), may offer users of the Platform special offers, contests or other promotions (each a “Promotion”). You are under no obligation to respond to or to participate in any Promotion but, if you do, you may be required to provide additional information (such as your birth date and whether you or anyone in your household is employed by the Third Party Promoter) to verify your eligibility for participation in the Promotion. For a given Promotion, the information you provide may be governed by the Third Party Promoter’s privacy policy rather than our Privacy Policy, so you should read carefully any official rules or guidelines for each Promotion.

Sharing and Disclosure of Information

We may disclose your personal information collected through your use of the Platform to: (a) our affiliates; (b) third parties to provide you with information or materials you specifically request or Third Party Promoters in connection with a Promotion; (c) our service providers providing services to us; or (d) as otherwise specifically permitted in this Privacy Policy. We may also use and disclose your personal information collected through your use of the Platform to unrelated third parties: (a) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by us; (b) to enforce our Terms and Conditions or to protect our rights; (c) to protect the safety of others, including other users of the Platform; or (d) with your consent in a particular instance.

We reserve the right to transfer or disclose user information collected through the Platform, including user personal information, for other business reasons of ours (including in connection with an assignment of our rights covered under the paragraph below captioned “Assignment”).

We also reserve the right to change the manner of our use and disclosure in accordance with the “Changes in Our Privacy Policy” section below.

Children’s Privacy and Age Limitations for the Platform

The Platform is intended for use by persons aged 18 or older, and by your use of this Platform you affirm that you are at least 18 years of age. We do not knowingly collect personally identifiable information from children under the age of 18. If we discover or are made aware that we have received personally identifiable information from an individual who indicates that he or she is, or whom we otherwise have reason to believe is, under the age of 18, we will delete such information from our systems. If you are a parent or guardian of a child under the age of 18 and believe he or she has disclosed personally identifiable information to us please contact us as provided below. In any such event, a parent or guardian of a child under the age of 18 may review and request deletion of such child's personally identifiable information as well as prohibit the use thereof.

Please also see the additional disclosures in the paragraphs below captioned “Additional Notices to California Residents -- Content Removal Requests for Users Under 18 Years Old”.

Use of Cookies

Like many websites and applications, the Platform uses “cookies” – small strings of data placed on users' personal computer hard drives during the exchange of data that happens when your browser points to one of our websites. Among other things:

  • Cookies enable a website or application to identify a user's browser as a previous visitor by means of a unique string of numbers assigned on a previous visit;
  • Cookies assist us in collecting information on the pages of our Platform that you access or visit, and in recording any preferences you indicate for use on our Platform;
  • If you are browsing our Platform, a cookie identifies your browser and Platform user ID and internet protocol number of your computer or other access device (but not your personal identity); and
  • If you place orders with us, we use cookies to assist in storing your preferences and recording other session information (a "session" is a single visit by you to one of our Platform).

Links to Other Websites

The Platform may contain links to other websites, applications and services maintained by us, our affiliates and/or by third parties that may not follow the same privacy policies as applicable to the Platform. These other websites, applications and services may use cookies, collect data and use the data in ways that are different from the way in which we use the information collected through the Platform. When linking to another website, you should read that website’s privacy policy. Our Privacy Policy only governs information collected on or through the Platform.

Opting Out of Marketing Communications

You may let us know at any time that you desire to opt out of emails and other electronic communications sent by us about marketing or promotional matters. To opt out you should send us an email to TAF_consumeraffairs@theathletesfoot.com with the subject line “Unsubscribe” and we will then promptly remove you from such communications. However, you may still receive emails and other electronic communications from us about non-marketing or non-promotional matters, such as information about your user account or orders that you’ve placed with us.

Use of Google Analytics

We use Google Analytics, a web analytics service from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

Google is certified under the Privacy Shield Agreement and thus warrants that it complies with applicable European privacy legislation. Google’s Privacy Shield status may be viewed here:

https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

Google Analytics uses cookies as well. The information about your use of the Platform generated by the cookie is usually sent to a Google server in the U.S., where it is saved. However, in the event that IP anonymization is activated on this Platform, Google will abbreviate your IP address in advance within member states of the European Union or in other countries within the European Economic Area that are party to the agreement. Only in exceptional cases is the full IP address sent to a Google server in the U.S. and abbreviated there. Google will use this information on our behalf to analyze your use of the Platform, compile reports on Platform activity and provide us with other services relating to Platform, application and Internet use. The IP address provided by your browser for Google Analytics purposes is not merged with other data held by Google. You can prevent cookies from being stored by using the appropriate setting in your browser; however we would like to point out that if you block cookies it may mean that you are unable to benefit from the full range of functions offered by this Platform. You can also prevent collection of data generated by the cookie in reference to your Platform usage (including your IP address) by Google, and processing of this data by Google, by downloading the browser plug-in from the following link (http://tools.google.com/dlpage/gaoptout?hl=en) and installing it.

Please note that to ensure anonymous logging of IP addresses (so-called IP masking), on this Platform Google Analytics has been extended with the code ‘gat._anonymizeIp()’.

You can also prevent the collection of your data by Google Analytics by clicking on the following link: https://tools.google.com/dlpage/gaoptout?hl=en. An opt-out cookie can then be set which prevents further collection of your data through Google Analytics when you visit this Platform. This is particularly recommended when accessing our site via mobile devices.

Further information on terms of use and data protection can be found at the following web addresses: https://www.google.com/analytics/terms/us.html or https://policies.google.com/privacy?hl=enl.

Changes in Our Privacy Policy

We reserve the right to modify this Privacy Policy at any time, and any modifications made will be effective immediately upon posting, so you should check this page for any changes. We will post at the top of this Privacy Policy the date that modifications were last made, which should alert you to any changes since your last visit to the Platform. Your continued use of the Platform is your agreement to the revised Privacy Policy.

Assignment

We may assign our rights and duties under this Privacy Policy, including, without limitation, our rights in information collected through the Platform, to any third party at any time without notice to you, and such assignment rights shall include the ability to make an assignment in connection with any sale, merger, acquisition, divestiture or liquidation of all or part of our business or assets related to the Platform, all or substantially all of our business or assets, or as part of any reorganization or restructuring of our business.

Your Questions and Concerns

If you have questions or concerns regarding this Privacy Policy or our privacy practices, please send us an email (writing “Privacy Policy” in the subject line) at TAF_consumeraffairs@theathletesfoot.com; or write to us by postal mail at TAF Retail, LLC, 1510 Ellsworth Industrial Blvd NW, Building One, Suite 600, Atlanta, GA 30318. Our phone number for general inquiries is (833) 568-3823. We will use reasonable efforts to promptly investigate any concern.

ADDITIONAL NOTICES TO CALIFORNIA RESIDENTS

California Do-Not-Track Disclosure
At this time, the Platform is not set up to honor web browser do-not-track settings. Do-not-track is a privacy preference that users can set in their web browsers. When a user activates the do-not-track settings in browsers that offer this setting, the browser sends a message to websites requesting them not to track the user. For more information about do-not-track matters, please visit https://allaboutdnt.com.

Information on Marketing Disclosures
California Civil Code Section 1798.83 permits our users who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us at TAF Retail, LLC, 1510 Ellsworth Industrial Blvd NW, Building One, Suite 600, Atlanta, GA 30318.

Content Removal Requests for Users Under 18 Years Old
If you are a user under 18 years of age and reside in California, you may request and obtain removal of, content or information that you have posted on the Platform. You may send us any such requests by one of the following methods: (i) by email (writing “Privacy Policy – Removal Request” in the subject line) at TAF_consumeraffairs@theathletesfoot.com; or (ii) by writing to us at TAF Retail, LLC, 1510 Ellsworth Industrial Blvd NW, Building One, Suite 600, Atlanta, GA 30318. We will review the request and respond promptly. You should be aware that a request to remove content or information posted by you on the Platform does not ensure or require complete or comprehensive removal of such content or information from our databases.

Complaints
If you have any complaint about use of the Platform, you may contact us by email at TAF_consumeraffairs@theathletesfoot.com, or by postal mail at TAF Retail, LLC, 1510 Ellsworth Industrial Blvd NW, Building One, Suite 600, Atlanta, GA 30318. In accordance with California Civil Code Section 1789.3 California residents may also file complaints with the Complaint Assistance Unit, Division of Consumer Services, California Department of Consumer Affairs by postal mail at 1625 North Market Road, Suite N112, Sacramento, CA 95834 or by telephone at 800-952-5210.

ADDITIONAL NOTICES TO EUROPEAN UNION RESIDENTS AND OTHER DATA SUBJECTS

In addition to the information provided elsewhere in this Privacy Policy, persons who are residents of the member countries of the European Union (“EU”) or other data subjects covered by the EU’s General Data Protection Regulation, (EU) 2016/679 (the “GDPR”), have certain additional privacy rights under applicable law. The following provisions of this Privacy Policy provide an overview of these additional rights and related information.

Our Commitment

TAF embraces the approach to privacy protection reflected in the GDPR, giving our clients, vendors, and users a greater say in what happens with their data. Please contact our data protection officer at TAF_consumeraffairs@theathletesfoot.com if you have any questions about any matters related to our GDPR compliance.

Legal Bases for Processing Personal Information of European Union Residents or Other GDPR Data Subjects

When processing your personal information, TAF may rely on one or more of the following legal bases (or other available legal grounds), depending on the circumstances:

(a)  Legitimate Interests – TAF may process your personal information where TAF has a legitimate interest in such processing for managing, operating or promoting our business, and that legitimate interest is not overridden by your interests, fundamental rights or freedoms.

(b)  Consent – TAF may process your personal information where TAF has obtained your consent to the processing.

(c)  Contractual Necessity – TAF may process your personal information where such processing is necessary in connection with any contract that TAF has with you.

(d)  Legal Requirements – TAF may process your personal information where such processing is required by applicable law.

Disclosures to Third Parties

Your personal information will not be disclosed to third parties except where it is necessary for fulfillment of TAF’s obligations to you or where TAF is obliged or permitted to do so by law (including, without limitation, through the terms of any agreement TAF may have with you), or where TAF makes disclosures that are otherwise consistent with the uses described in this Policy.

TAF may also disclose any information (including personal information) relating to you to law enforcement authorities or any regulatory or government authority in response to any request including requests in connection with the investigation of any suspected illegal activities.

TAF reserves the right to transfer any personal information TAF has about you in the event TAF sells or transfers all or a portion of our business or assets, or merges with another organization. Should such a sale, transfer or merger occur, TAF will use reasonable efforts seeking to require that the transferee uses personal information you have provided to TAF in a manner that is consistent with this Policy.

TAF will not sell, resell or lease your personal information to any third parties but TAF may, if required for the purpose(s) for which your personal information was collected and processed, share it with TAF partners and/or service providers to enable them to provide their services to TAF or to you, as applicable. The foregoing are in addition to the other uses described elsewhere in this Policy.

Security of Personal Information of European Residents or Other GDPR Data Subjects

TAF has policies and technical and organizational measures in place which are intended to safeguard and protect your personal information against unauthorized access, accidental loss, improper use and disclosure. However, you should be aware that information transmitted over the internet is not completely secure because of the nature of the internet and that systems and measures used to secure information are not flawless. For these reasons, although TAF will use reasonable efforts to protect your personal information, TAF does not warrant the security of personal information transmitted to TAF or stored by TAF, and personal information that is transmitted to TAF by you electronically is done at your own risk.

Retention of Personal Information of European Residents or Other GDPR Data Subjects

TAF’s policy is to retain your personal information only for as long as is necessary to fulfill the purposes for which TAF collected such personal information, including for the purposes of satisfying any professional, legal, accounting or reporting requirements to which TAF is subject. To determine the appropriate retention period for personal information, TAF considers the scope, nature and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of the personal information, the purposes for which TAF collected and processed your personal information and whether TAF can achieve those purposes through other means, and any applicable legal and professional requirements.

Your Rights as a European Resident or Other GDPR Data Subject

You have a number of rights concerning your personal information that TAF holds and uses, including the following:

(a)  Right of Access – You have the right to be informed about what personal information TAF holds about you and to a copy of this personal information.

(b)  Right to Rectification – You have the right to have any inaccurate personal information which TAF holds about you updated or corrected.

(c)  Right to Erasure – In certain circumstances you may request that TAF delete the personal information that TAF holds about you.

(d)  Right to Complain – You have the right to lodge a complaint regarding the processing of your personal information to an applicable governmental or supervisory authority in your country.

(e)  Right to Withdraw Consent – Where processing of personal information is based on your consent, you have the right to withdraw such consent at any time.

(f)  Right to Object – Where TAF relies on our legitimate interests to process your personal information, you have the right to object to such use and TAF is required to discontinue such processing unless TAF can demonstrate an overriding legitimate interest in such processing.

(g)  Right to Restriction – You have the right to request that TAF stop using your personal information in certain circumstances including if you believe that the personal information TAF holds about you is inaccurate or that TAF’s use of your personal information is unlawful. If you validly exercise this right, TAF will store your personal information and will not carry out any other processing until the issue is resolved.

You may exercise any of the above requests in writing, or request that TAF stop using your personal information for marketing purposes by contacting, us by postal mail at TAF Retail, LLC, Attn: Data Protection Officer, at 1510 Ellsworth Industrial Blvd NW, Building One, Suite 600, Atlanta, GA 30318 or by email at TAF_consumeraffairs@theathletesfoot.com.

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