Privacy policy

   We appreciate your interest in this Privacy Policy. This Policy describes the types of information we collect from you or that you provide to us when you visit and shop at our website at www.baeathlete.com, our practices for collecting, using, protecting and disclosing this information, and the choices you have in connection with this information.

 

General Information

a)     What law applies?

In principle, we will only use your Personal Information in accordance with the applicable data protection laws, in particular the Georgia Computer Data Privacy Act (“GCDPA”).

 

b)     What is Personal Information?

Personal Information is any information relating to personal or material circumstances that relates to an identified or identifiable individual. This includes, for example, your name, date of birth, e-mail address, postal address, or telephone number as well as online identifiers such as your IP address. 

 

c)     What is processing?

"Processing" means any operation or set of operations which is performed upon Personal Information, whether or not by automatic means. The term is broad and covers virtually any handling of data.

 

d)     Who is responsible for data processing?

The responsible party within the meaning of the GCDPA is BAE Athlete, Rokhaya Mane, Atlanta, Georgia, USA (“BAE Athlete”, “we”, “us”, or “our”). If you have any questions about this Policy or our data protection practices, please contact us using our Contact Form or email us at Support@baeathlete.com. 

 

e)     What are the legal bases of processing?

In accordance with the GCDPA, we have to have at least one of the following legal bases to process your Personal Information:

 

·       you have given your consent,

·       the data is necessary for the fulfillment of a contract / pre-contractual measures,

·       the data is necessary for the fulfillment of a legal obligation or

·       the data is necessary to protect our legitimate interests, provided that your interests are not overridden.

 

Data we collect automatically

a)     Log data

Each time you visit our website, our system automatically records the following data from the visiting device and stores it in a so-called log file: i) Name of the retrieved file, ii) date and time of the visit, iii) amount of data transferred, iv) message about successful retrieval, type of browser and version used, v) IP address (identification of the user's device), vi) Operating system of the visiting device, vii) Internet service provider of the visiting device, viii) website from which you access our website, and ix) which of our website pages you are accessing. The legal basis for processing is our legitimate interest.

 

b)     Content Delivery Network

We use the Content Delivery Network (CDN) of Wix to distribute our online content. Our CDN is a network of regionally distributed servers of our technical service providers connected via the Internet. When our website is visited, your device`s browser transmits information to these service providers, which is collected in corresponding server log files. Server log files are generally anonymized and then transmitted without any personal reference. Server log files include, in particular, i) details of the browser and operating system used, ii) the previously visited pages (so-called referral URL), iii) the IP address of the device used, iv) the name of the Internet provider, as well as v) the date, time of all page views including the amount of data transmitted. The legal basis for processing is our legitimate interest.

 

c)     Content Management System

We also use the Content Management System (CMS) of WIX to publish and maintain the created and edited content and texts on our website. This means that all content and texts submitted to us is transferred to WordPress. This represents a legitimate interest.

 

d)     Hosting 

To provide our website, we use the cloud services of WIX, who process all data to be processed in connection with the operation of our services on our behalf on our designated VPS server. The legal basis for the data processing is our legitimate interest in providing our services.

 

e)     Cookies

We use so-called cookies on our website. Cookies are pieces of information that are transmitted from our web server or third-party web servers to your web browser and stored there for later retrieval. Cookies may be small files or other types of information storage. There are different types of cookies: i) Essential Cookies. Essential cookies are cookies to provide a correct and user-friendly website; and ii) Non-essential Cookies. Non-essential Cookies are any cookies that do not fall within the definition of essential cookies, such as cookies used to analyses your behavior on a website (“analytical” cookies) or cookies used to display advertisements to you (“advertising” cookies). The legal basis for processing is our legitimate interest and your consent.

 

f)      WIX Analytics

We use the web analysis tool “WIX Analytics” to design our website according to your needs. WIX Analytics creates usage profiles on the basis of pseudonyms. For this purpose, permanent cookies are stored on your end device and read by us. In this way, we are able to recognize returning visitors and count them as such. The legal basis for processing is our legitimate interest and your consent.

 

Data we collect directly

a)     Contacting us

You have various options of contacting us. If you use our Contact Form or e-mail address, we collect at least your name and e-mail address. You can provide further details, but you do not have to. We use this data on the basis of our legitimate interest to answer your enquiry. If the data processing is aimed at concluding a contract, we process the data on the basis of a contract. Your data will only be processed to answer your enquiry. 

 

If you contact or connect with us via social media platforms (we are currently on Instagram, Twitter, TikTok, and YouTube), we and the relevant social media platform are jointly responsible for the processing of your data and enter into a so-called joint controller agreement. The legal basis is our legitimate interest, your consent or, in some cases, the initiation of a contract.

 

b)     Order processing 

We process your first name, last name, e-mail address, shipping, and billing address, if different, and the data related to your contract with us data to handle the contractual relationship between you and us. It is also possible for you to register for an account. For this purpose, you can choose a password together with your e-mail address, both of which will enable you to log in more easily without having to enter your data again when you make a future purchase. We store the data you enter to set up a customer account through which your orders are recorded, executed, and processed. We will hold your data for further orders as long as you have your account with us. The legal basis for the data processing is our contract and the fulfillment of our legal obligations.

 

c)     Payment Data

If you make a purchase your payment will be processed via our payment service provider Square Pay. Payment data will solely be processed through the by you selected payment service provider and we have no access to any Payment Data you may submit. The legal basis for the provision of a payment system is the establishment and implementation of the user contract for the use of the service.

 

d)     Contractual notifications and Newsletter

By making a purchase, we will need to send you because of our legal obligation an invoice and other contractual documents and for this purpose we will use your e-mail address. Equally, you may also sign up for our newsletter. Those typically include administrative information as well as service and product updates. We use WIX for the dispatch of these e-mails. The legal bases are to provide you with our services, our legal obligation, and your consent in the case of the newsletter.

 

e)     Marketing 

Insofar as you have given us your separate consent to process your data for marketing and advertising purposes, we are entitled to contact you for these purposes via the communication channels you have given your consent to.

 

You may give us your consent in a number of ways including by selecting a box on a form where we seek your permission to send you marketing information, or sometimes your consent is implied from your interactions or contractual relationship with us. Where your consent is implied, it is on the basis that you would have a reasonable expectation of receiving a marketing communication based on your interactions or contractual relationship with us.

 

Direct Marketing generally takes the form of e-mail but may also include other less traditional or emerging channels. These forms of contact will be managed by us, or by our contracted service providers. Every directly addressed marketing sent or made by us or on our behalf will include a means by which you may unsubscribe or opt out. 

 

Principles of processing Personal Information

a)     Storage and Retention

At the time of data collection, for example in the context of a contractual relationship we process and store Personal Information from you. We process and store your Personal Information only to achieve the respective processing purpose or for as long as a legal retention period exists. Once the purpose has been achieved or the retention period has expired, the corresponding data is routinely deleted.

 

b)     Security

Our website uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of confidential content, such as orders, login data or contact requests that you send to us. We have also implemented numerous security measures (“technical and organizational measures”) for example encryption or need to know access, to ensure the most complete protection of Personal Information processed through this website. 

 

Nevertheless, internet-based data transmissions can always have security gaps, so that absolute protection cannot be guaranteed. And databases or data sets that include Personal Information may be breached inadvertently or through wrongful intrusion. Upon becoming aware of a data breach, we will notify all affected individuals whose Personal Information may have been compromised as expeditiously as possible after which the breach was discovered.

 

c)     Special Category Data

Unless specifically required when using our services and explicit consent is obtained for that service, we do not process special category data.

 

d)     Minors

We do not request Personal Information from minors and children and do not knowingly collect such data or pass it on to third parties.

 

e)     Automated decision-making

Automated decision-making is the process of making a decision by automated means without any human involvement. Automated decision-making including profiling does not take place.

 

f)      Do Not Sell

We do not sell your Personal Information.

 

g)     Sharing and Disclosure

We will not disclose or otherwise distribute your Personal Information to third parties unless this is i) necessary for the performance of our services including our overseas fulfillment and shipping forwards, ii) you have consented to the disclosure, iii) or if we are legally obliged to do so e.g., by court order or if this is necessary to support criminal or legal investigations or other legal investigations or other legal proceedings; or proceedings at home or abroad or to fulfill our legitimate interests.

 

h)     International Transfer

We may transfer your Personal Information to other companies as necessary for the purposes described in this Privacy Policy. In order to provide adequate protection for your Personal Information when it is transferred, we have contractual arrangements regarding such transfers. We take all reasonable technical and organizational measures to protect the Personal Information we transfer.

 

Your Rights and Privileges 

a)     Privacy rights 

You have the following privacy rights:

·       Right to know

·       Right of deletion

·       Right of non-discrimination

·       Right to opt-out of sale

 

If you have any questions about the nature of the Personal Information we hold about you, or if you wish to exercise any of your rights, please contact us.

 

b)     Updating your information

If you believe that the information, we hold about you is inaccurate or that we are no longer entitled to use it and want to request its rectification, deletion, or object to its processing, please do so by contacting us. 

 

c)     Withdrawing your consent 

You can revoke consents you have given at any time by contacting us. The legality of the data processing carried out until the revocation remains unaffected by the revocation.

 

d)     Access Request 

In the event that you wish to make a Data Subject Access Request, you may inform us in writing of the same. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days, we will tell you why and when we will be able to respond to your request. If we are unable to provide you with any Personal Information or to make a correction requested by you, we will tell you why.

 

Changes and Questions

We may update this Privacy Policy from time to time. If we make changes to this Privacy Policy or materially change our use of your Personal Information, we will revise this Privacy Policy accordingly and also change the effective date at the end of this section. We encourage you to periodically review this Privacy Policy to be informed of how we use and protect your Personal Information. If you would like to contact us regarding our privacy practices for any reason, please do so using the details provided above.

 

Effective Date

Thursday, April 27, 2023