PRIVACY POLICY

This website www.birkenstock.in and all the webpages, hyperlinks, tools and mobile application provided thereunder (the “Website”) is owned by Birkenstock India Private Limited (“our”, “us”, “we”, “Birkenstock India”, “Seller”).

At Birkenstock India, we value your trust and respect your privacy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Use. This Privacy Policy provides you with details about the manner in which your data is collected, stored and used by us. You are advised to read this Privacy Policy carefully.

By visiting our website, you expressly give us consent to use and disclose your personal information in accordance with this privacy policy. If you do not agree to the terms of the policy, please do not use or access our website.

This Privacy Policy is published by us, in compliance of:

  • Section 43A of the Information Technology Act, 2000; and
  • Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011

 

GENERAL

We will not sell, share or rent your personal information to any third party or use your email address/mobile number for unsolicited emails and/or SMS. Any emails and/or SMS sent by us will only be in connection with the provision of agreed Services, Birkenstock Products and this Privacy Policy. To carry out general marketing we would be sending out emails to users registered on our Website (or by any means and in any media, including, but not limited to, on our Website or through our merchants or in advertisements / marketing campaigns / any form of audio or visual media or websites). We reserve the right to communicate your personal information to any third party that makes a legally compliant request for its disclosure.

COLLECTION OF INFORMATION

In order to provide our Services, we may collect the following types of information:

  • User information – When you use the Services, we automatically receive and record information from your device and, applicable browser. Such information may include your contacts, the location of your device, text messages, your device storage, your IP address, cookie information, software and hardware attributes, contacts, and unique device ID. Most of the information we collect during your use of our Website and/or Application, such as your device and hardware IDs and device type, the content of your request, and basic usage stats about your device and general use of our Services does not by itself identify you to us, though it may be unique or consist of or contain information that you consider personal. Specifically, we collect, retain and use information collected, retained and shared through Facebook platform, Twitter, Google, and YouTube, according to the applicable terms and conditions of their privacy policies.
    You are not ordinarily required to register or provide personal information in order to access the Website, though certain functionalities such as a membership program, through which purchasers of products may receive discounts on online purchases, participating in any contests, etc., may require registration.
  • User Id – In order to avail the services, you shall have to sign up on the Website.
  • User history and preferences – We save your query terms as well as the experience/category selected, these may be associated with the unique User ID of your device. We also save your preferences as recorded through your use of the services and use them for personalization features.
  • Cookies – When you use our services, we may send one or more cookies. We use cookies to improve the quality of our service by storing user preferences and tracking user information. Certain of our products and services allow you to download and/or personalize the content you receive from us. For these products and services, we will record information about your preferences, along with any information you provide yourself.

 

USE OF INFORMATION

  • The Personal Information we collect allows us to keep you posted on our latest announcements, upcoming events, including confirmations, security alerts and support, and administrative messages. It also helps us to improve our services. If you do not want to be on our mailing list, you can opt-out at any time by updating your preferences on the Website.
  • From time to time, we may use your personal information to send important notices, such as communications and changes to our terms, conditions, and policies. Since this information is important to your interaction with us, you cannot opt-out of receiving these communications.
  • We may also use personal information for internal purposes such as data analysis and research to improve our services, products, and customer communication.
  • We collect Non-Personally Identifiable Information about our users generally to improve the features and functionality of the Website. We may analyze trends through aggregated demographic and psychographic offers to users. We may also share this Non-Personally Identifiable Information with our partners to allow them to assist us in delivering tailored advertisements, promotions, deals, discounts, and other offers to you when you use the services. We collect information from you when you participate in sweepstakes, games or other promotions offered on our website.
  • We may also collect information about you through other methods, including research surveys or information we obtain from third parties, including verification services, data services, as well as public sources.

SHARING OF PERSONAL INFORMATION

We only share personal information with other companies or individuals in the following limited circumstances:

  • We may share with third parties the location of your device in order to improve and personalize your experience of the services.
  • We may share with third parties certain pieces of non-personal information, such as the number of users who used a particular service, users who clicked on a particular advertisement or who skipped a particular advertisement, as well as similar aggregated information. Such information does not identify you individually.
  • We may share with third parties’ Unique Device ID. While such information does not by itself identify you to us, it may be unique or consist of or contain information that you consider personal, however, such information does not identify you individually.
  • We provide such information to trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.
  • Advertisers: We allow advertisers and/or merchant partners (“Advertisers”) to choose the demographic information of users who will see their advertisements and/or promotional offers and you agree that we may provide any of the information we have collected from you in non-personally identifiable form to an Advertiser, in order for that Advertiser to select the appropriate audience for those advertisements and/or offers.
  • If you sign through a third party social networking site or service, your list of “friends” from that site or service may be automatically imported to the website and or service. Again, we do not control the policies and practices of any other third-party site or service.

 

SECURITY

The security of your personal information is important to us. We take precautions, including administrative, technical and physical measures to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. When you enter sensitive information on our registration we encrypt that information.

This Website has various electronic, procedural, and physical security measures in place to protect the loss, misuse, and alteration of information, or any accidental loss, destruction or damage to data. When you submit your information via the Website, your information is protected through our security systems.

ACCESSING THIRD-PARTY WEBSITES

Website, mobile site and mobile app may contain links to other websites. Please note that when you click on one of these links, you are entering another website for which Birkenstock India has no responsibility. We encourage you to read the privacy statements of all such sites as their policies may be materially different from this Privacy Policy. Of course, you are solely responsible for maintaining the secrecy of your passwords, and your membership account information. Please be very careful, responsible, and alert with this information, especially whenever you are online.

PROTECTION OF CHILDREN

If you are a user under the age of 18 (“Child User”), please ensure that you have adequate consent from your parent or guardian to access services in accordance with the present Privacy Policy. If you are the parent or guardian of a Child User, please advise your child of the risks of posting personal information on our services or other online services, and that any information posted may be used by third parties without restriction. Notwithstanding anything contained herein, we shall always presume that every user has adequate consent and free-will to access services and to enter into a legally enforceable contract with us.

We also reserve the right to remove, at our sole discretion, any content or material posted by a user which may be of defamatory or sexual nature or offensive to other users in any manner and take appropriate legal action against such user in accordance with our Terms of use. 

 

COOKIES

A cookie is a chunk of data that is sent to the website from a server and stored on the hard drive of your computer and/or mobile (“Cookies”). A session Cookie disappears automatically after you close your browser. A persistent Cookie remains after you close your browser and may be used by your browser on subsequent visits to the services. We may use Cookies related information to: (a) remember your data and/or personal information so that you will not have to re-enter it during your visit or the next time you access the Services; (b) provide customized third-party advertisements, content, and information; (c) monitor the effectiveness of third-party marketing campaigns; (d) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (e) track your entries, submissions, and status in any promotions or other activities.

We may allow third-party service providers, like advertisers, to place and read their own Cookies, web beacons, and similar technologies to collect Data and/or Personal Information through services. This data and/or personal information are collected directly and automatically by these third parties, and we do not participate in these data transmissions and these third-party cookies are not covered under this Privacy Policy.

CHANGES TO THE PRIVACY POLICY

We reserve the right to change the Privacy Policy at our sole discretion. We will inform users of any such change by us posting the updated Privacy Policy on our Website. We encourage you to review this Privacy Policy regularly for any such changes. Your continued use of the services will be subject to the then-current Privacy Policy.

COMPLIANCE WITH LAWS AND LAW ENFORCEMENT

We will cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We reserve the right to track IP addresses for the purposes of fraud prevention and to release IP addresses to legal authorities. We will disclose information about you to government or law enforcement officials or private parties when we believe reasonably necessary to comply with law, to protect the property and rights of Birkenstock India or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.

EMAIL NOTIFICATIONS

You may be contacted by email or other means; for example, we may send you a promotional offer on behalf of other businesses or communicate with you about your use of the service. Also, we may receive a confirmation when you open an email from us. This confirmation helps us improve our service. If you do not want to receive email or other mail from us, please indicate your preference by clicking on the “Unsubscribe” link at the bottom of the email or changing your email settings on your account settings page. Please note that if you do not want to receive legal notices from us, those legal notices will still govern your use of the service, and you are responsible for reviewing such legal notices for changes.

GOVERNING LAW AND DISPUTE RESOULATION

This privacy policy shall be subject to and construed in accordance with the laws of India and the parties hereby submit to the exclusive jurisdiction of the courts of New Delhi.

In the event of any disputes, differences, or controversies between the Parties hereto, out of or in connection with the provisions of this privacy policy, or any action taken hereunder, the parties hereto shall thoroughly explore all possibilities for an amicable settlement. In case an amicable settlement cannot be reached, such disputes, differences or controversies shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 2019 including any amendment or re-enactment thereof, by a single arbitrator, who shall be appointed by the Company. The proceedings of such arbitration shall be conducted in the English language and the venue of such arbitration shall be New Delhi. The award of such arbitration shall be final and binding upon the Parties hereto.

CONTACT INFORMATION

If you have any questions or concerns with respect to this Privacy Policy or the Website or any information contained on thereon, you may contact us by writing to us at customercare-india@birkenstock.com. 

This Privacy Policy supersedes any previous versions.

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