Privacy Policy - Bape Hoodie

Our Privacy Policy

Bape PVT Limited (together with A Bathing Ape Group), “BAPE”, “BAPE” “we” and “us”, as the case may be), its officers, management, and members of staff shall, at all times, respect the confidentiality of and endeavour to keep safe any and all personal data (“Personal Data”, as defined in the General Data Protection Regulation (the “GDPR”), and Data Protection Act 2018, United Kingdom, collected from you and/or stored and/or transmitted by you to us.

This Website is not intended for children, and we do not knowingly collect Personal Data relating to children.

It is important that you read this Privacy Policy (“Privacy Policy”) when we are collecting or processing Personal Data about you so that you are fully aware of how and why we are using your Personal Data. This Privacy Policy supplements other notices and privacy policies and is not intended to override them.

Controller

Bape PVT Limited is the data collector/controller and is responsible for any of your Personal Data which we hold. Notwithstanding anything to the contrary in this Privacy Policy, with respect to the collection of Personal Data only, reference to “BAPE”, “we”, “us” or “our” in this Privacy Policy refers to Bape PVT Limited.

Please read the following to learn more about our Privacy Policy:

I. What this Privacy Policy Covers

This Privacy Policy covers our treatment of Personal Data that we collect when you are our registered user, when you create an account with us, when you subscribe with us, when you are our member in our Membership program, when you make contact with us or when you request us for our services. This Privacy Policy sets out how we use your Personal Data; what Personal Data we collect; how we ensure to protect your privacy; and your legal rights on your Personal Data.

II. Collection of Personal Data

1. For the purpose of carrying on BAPE’s business, you may be requested to provide your Personal Data when you subscribe as our subscriber, when you register as our registered user, when you create an account with us, when you visit our Website, when you conduct a purchase transaction with us, when you contact our Customer Services, when you join our VIP, membership, reward or loyalty program (“Membership”), and when you conduct gift redemption / cash or discount voucher request, when you enter a competition, promotion or survey, when you request marketing to be sent to you, when you submit any comments or feedbacks to us and/or when you are required to verify your identity with us. As you interact with our Website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this Personal Data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our Cookies Policy for further details.

2. We may collect, use, store and transfer different kinds of Personal Data about you which we have grouped together as follows:

(a) Identity Data includes first name, maiden name, last name, username or similar identifier, title, date and month of birth, and gender.

(b) Contact Data includes billing address, delivery address, email address and telephone numbers.

(d) Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.

(e) Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this Website.

(f) Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.

(g) Usage Data includes information about how you use our Website, products and services.

(h) Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

3. We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your Personal Data but is not considered Personal Data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your Personal Data so that it can directly or indirectly identify you, we treat the combined data as Personal Data which will be used in accordance with this Privacy Policy.

4. We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

5. All Personal Data will be collected on a voluntary, open and fair basis. Certain Personal Data are required for specific services and if you fail to supply your Personal Data as requested from each specific service, we may not be able to provide you with our products or services. By providing your Personal Data to us, you acknowledge that such provision is fair and reasonable in the circumstances.

III. Purpose for Collection of Personal Data

1. Generally, we do not rely on consent as a legal basis for processing your Personal Data although we will get your consent before sending third party direct marketing communications to you via email. You have the right to withdraw consent to marketing at any time by contacting us.

2. BAPE will collect your Personal Data for the following purposes and under the following lawful basis:

(a) for the provision of products, services and/or facilities by A Bathing Ape Group / its service providers (who are engaged by us to assist with providing our services to you), which is necessary for our performance of the contract with you. Such products and services shall be limited to fashion, footwear, bags, eyewear, accessories, watches, jewellery, stationery, lifestyle items, trendy items, cosmetics, personal care items, beauty items, high-technology devices, food and beverages;

(b) to carry out your instructions or to respond to your enquiry, which is necessary for us to respond to you and our performance of the contract with you;

(c) for direct marketing purpose, including designing further products and services for you and marketing products or services in which any member of A Bathing Ape Group shall be involved but within the scope of products and services listed in Section III, 2(a) above, which is necessary for our legitimate interest to keep customers relationship and grow our business;

(d) to manage payments for products, services and/or facilities provided by any member of A Bathing Ape Group, including verification of your payment details with third parties (such as banks, financial institutions, and other payment platforms), which is necessary for our performance of contract with you and for our legitimate interests (to recover debts due to us);

(e) for use of the online services available at the BAPE Website, or any of the websites of any member of A Bathing Ape Group and/or through other telecommunication channels (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data), which is necessary for our legitimate interest to maintain network security and to comply with a legal obligation;

(f) for identification and verification purposes in connection with any of the products, services and/or facilities by any member of A Bathing Ape Group that may be rendered to you, which is necessary for our legitimate interest to keep our records updated;

(g) for managing customer relationship, including without limitation, notification to you of any change on this Privacy Policy, inviting you to leave any comment or survey, any Membership programs run by any member of A Bathing Ape Group, which is necessary for our legitimate interest to keep customers relationship and to study how customers use our products/services;

(h) for investigation of complaints, suspected suspicious transactions, and research for service improvement which is necessary for our legitimate interest to keep customers relationship and prevent fraud;

(i) for forming part of customer data base necessary for the operation by any member of BAPE Group, which is necessary for our legitimate interest to keep customers relationship, our performance of the contract with you, to develop our business and to inform our marketing strategy;

(j) for data analysis to improve our Website, products/services, marketing, customer care relationships and experiences, which is necessary for our legitimate interest to keep customers relationship, to develop our business and to inform our marketing strategy; and/or

(k) for observing any legal, governmental or regulatory requirements of the Data Protection Act 2018, UK or/ and The General Data Protection Regulation or other relevant jurisdiction including any disclosure or notification requirements to which any member of A Bathing Ape Group or other class of data recipient, are subject, which is necessary for our legitimate interest to comply with a legal obligation.

3. Promotional offers from us

We may use your Personal Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing.

4. We will get your express opt-in consent before we share your Personal Data with any third party outside A Bathing Ape’s Group for marketing purposes.

5. Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this Website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookies Policy.

6. Change of purpose

We will only use your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. Please note that we may process your Personal Data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

IV. Accuracy

Bape PVT Limited will take all practicable steps to ensure that the Personal Data so collected are accurate. However, your efforts to provide accurate Personal Data upon subscription of A Bathing Ape Group’s services and thereafter to update BAPE of any change of your Personal Data are always welcome.

V. Personal Data Sharing and Disclosure

1. Unless BAPE hears from you to the contrary upon subscription or registration or receives subsequent notice from you, BAPE may, where such disclosure is necessary to satisfy the purpose for which the Personal Data was collected, provide such Personal Data to the following parties :

(a) employees and officers of any member of A Bathing Ape Group;

(b) the brands traded, operated or owned by any member of A Bathing Ape Group but within the range of products and services as listed in Section III, 2(a) above;

(c) contractors / service providers of any member of BAPE Group (who are engaged by us to assist with providing you our services) including but not limited to any courier or delivery providers;

(d) other business associates, like operators of the Membership programs of any member of A Bathing Ape Group, or operators in providing customer care service or fulfilling customer requests;

(e) banks, financial institutions, credit reference agencies, credit, debit or charge card companies, and/or other payment platforms;

(f) the court or regulatory body with subpoenas, court orders or for the purpose of legal process;

(g) professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services;

(h) HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers and/or any equivalent authority of competent jurisdiction based in any country/region who require reporting of processing activities in certain circumstances; and/or

(i) in the event of a sale or transfer of all or some of A Bathing Ape Group’s asset, we may disclose and transfer your Personal Data to the transferee of that business who may then use for Personal Data to carry out that business as our successor.

2. In any case, you shall be notified if your Personal Data is disclosed or transferred to any entity other than pursuant to the subparagraphs above, and you may choose to oppose to such disclosure and transfer.

3. We require all third parties to respect the security of your Personal Data and to treat it in accordance with the law. We do not allow our third-party service providers to use your Personal Data for their own purposes and only permit them to process your Personal Data for specified purposes and in accordance with our instructions.

VI. Access and Correction

1. You have the right to know:

(a) the privacy policy of BAPE;

(b) whether BAPE holds any of your Personal Data; and; and

2. You have full control and ability to correct or edit your Personal Data at any time, including whether you want us to contact you about direct marketing purpose, promotional offers and new products and services, and/or deletion of your subscriber / registered user or Membership account.

3. You may contact and request us your right of access or right of correction (See Section XIV Contact Us). BAPE will, upon satisfying itself of the authenticity and validity of the access or correction request, make every endeavour to comply with and respond to the request within the period set by the statutory requirement.

4. Subject to the regulations of each jurisdiction, BAPE may charge a reasonable fee for our processing of any data access request.

5. We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

VII. Security

1. Data security is our top priority. We strive to ensure that your Personal Data will be protected against unauthorized or accidental access, processing or erasure. In addition, we limit access to your Personal Data to our employees, officers, as well as our contractors / service providers of any member of A Bathing Ape Group (who are engaged by us to assist with providing you our services) who have a business need to know. They will only process your Personal Data on our instructions, and they are subject to a duty of confidentiality. We maintain this commitment to data security by implementing appropriate physical, electronic and managerial measures to safeguard and secure your Personal Data. Encryption technology, such as SSL (as described in more detail in the paragraph below), may be employed for the transmission of Personal Data collected online. Also, our web servers are protected by data security measures and our systems are monitored to prevent any unauthorized access. However, you are also invited to protect against unauthorised access to your Membership or log-in account, password, payment and credit card details, and delivery details. We will notify you and any applicable regulator of a breach where we are legally required to do so.

2. We value and respect your Personal Data, privacy and shopping experience. Therefore, safety retention of your Personal Data is our primary task. We strive to ensure that your Personal Data will not be used, stolen or deleted without your permission. We have a set of electronic and systematic safety measures in place that conform to the regulations for Personal Data protection. When the collected Personal Data is transmitted via online, we may use coding technology such as SSL for the transmission. Sensitive personal information that is included in online orders is protected by 128-bit Secure Sockets Layer (SSL) encryption. This is a technology that is used to ensure the security of online transactions. The technology provides safety and protection for transactions by the use of other basic functions such as mutual authentication, data encryption and data integrity.

3. Despite our efforts to protect your Personal Data, you should acknowledge that:

(a) there are limitations to the safety and privacy of the Internet which are out of our control.

(b) the security, completeness and privacy of information and data exchanges through the Internet cannot be protected completely.

(d) you shall bear the risk when you transmit any information to us; and in no event shall BAPE be liable to you or any third party for any loss and damage.

VIII. Retention of Personal Data

Your Personal Data will only be retained for as long as is necessary to fulfil the original purpose for which it was collected, unless contrary to any applicable statutory requirement. To determine the appropriate retention period for Personal Data, we consider the amount, nature and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting, or other requirements. You may contact us for further details of retention periods on different aspects of your Personal Data. In some circumstances you can ask us to delete your Personal Data: see Section XII Your Legal Rights below for further information. In some circumstances we will anonymise your Personal Data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

IX. Amendment to this Privacy Policy

1. We may amend this Privacy Policy from time to time. If we make any substantial amendments in the way we use your Personal Data, we will notify you by posting a prominent announcement on the BAPE. You agree that such posting will constitute sufficient and adequate notice to you of the amendments.

2. You agree that your continued use of our products or services after such amendment will constitute your acceptance of and agreement to be bound by the modified Privacy Policy.

X. Direct Marketing

Any member of A Bathing Ape Group may contact you from time to time with a view to providing the latest information on our products and services / Membership program. If you do not wish to receive these updates, please contact customer services on the Bapehoodie.co Website to request to unsubscribe. Alternatively, you may click the unsubscribe link as shown in our electronic promotional materials; or write to us (See Section XIV Contact Us). In accordance with the statutory requirements, BAPE will honour your request not to use your Personal Data for the purposes of direct marketing. Unless otherwise instructed as per the above, BAPE may use any of your Personal Data collected in the normal course of our business for direct marketing purposes. Where you opt out of receiving these marketing messages, this will not apply to Personal Data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

XI. Links to third parties’ websites

BAPE Website may contain links to third parties’ websites that are operated under different privacy policy and are totally independent from us. BAPE is not responsible for the contents on such websites or how information is collected. You should read and understand the privacy policy of any such third parties’ websites before submitting any Personal Data to them.

XII. Your Legal Rights

You have the right to:

Request access to your Personal Data (commonly known as a “data subject access request”). This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it.

Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us. Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Data to comply with the law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of your Personal Data in the following scenarios:

(a) If you want us to establish the data’s accuracy.

(b) Where our use of the data is unlawful but you do not want us to erase it.

(c) Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.

(d) You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your Personal Data to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your Personal Data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you believe that the processing of your personal data has been carried out unlawfully, you can file a complaint with the regulatory body responsible for compliance with the rules on personal data protection in your jurisdiction. We would appreciate the chance to deal with your concerns before you approach the related regulatory body and so please contact us in the first instance.

XIII. International Transfers

1. We share your Personal Data within A Bathing Ape Group. This will involve transferring your Personal Data outside your jurisdiction to jurisdictions including but not limited to the People’s Republic of China (including China Hong Kong SAR, China Macau SAR and China Taiwan), Japan, United Kingdom, the European Economic Area, United States, Canada, Australia and New Zealand.

2. We ensure your Personal Data is protected by requiring all members of BAPE Group to follow the same rules when processing your Personal Data.

3. Many of our external third parties are based outside your jurisdiction so their processing of your Personal Data will involve a transfer of data outside your jurisdiction. Whenever we transfer your Personal Data out of your jurisdiction, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

(a) We will only transfer your Personal Data to countries / regions that have been deemed to provide an adequate level of protection for Personal Data by the Data Protection Act 2018, United Kingdom, United States, Canada and The General Data Protection Regulations.

4. Please contact us if you want further information on the specific mechanism used by us when transferring your Personal Data out of your jurisdiction.