- LEGAL FRAMEWORK
Cygnett is aware of the importance of the personal information entrusted to us before or during your course of dealing with Cygnett and recognizes that it is our responsibility to properly collect process and protect your personal data.
- COLLECTION OF PERSONAL DATA
2.1. What is the definition of Personal Data?
Personal data refers to data about an individual who can be identified from either that particular data, or from that data and other information which Cygnett has or is likely to have access to. Commonly collected personal data of our customers typically include, amongst other things, names, addresses, telephone numbers, e-mail addresses, identification numbers, nationalities, dates of birth and credit card information. Personal data in the Philippines is protected under Republic Act No. 10173 (the Data Privacy Act of 2012 or “DPA”) and its related subsidiary legislations.
2.2. How will Cygnett collect your Personal Data?
Cygnett will collect your personal data in accordance with the DPA. We will notify you of the purposes for which your personal data may be collected, used, disclosed and/or processed, as well as obtain your consent for the collection, use, disclosure and/or processing of your personal data for the intended purposes, unless an exception under the law permits us to collect and process your personal data without your consent.
We collect personal data directly from you and without limitation:
(a) When you communicate with our Cygnett Customer Service or when you communicate directly with our Cygnett teams in stores in relation to our products and/or services;
(b) When you call our Customer Service (phone number provided on our Website “Contact us”);
(c) When you set up an Account in our Website or through our applications by registering your details to place an Order via our Website or to subscribe to our Cygnett Membership;
(d) When you place and Order or pay for your purchases or Cygnett subscription via our Website or through our stores;
(e) When you use services, such as Cygnett Review, Workshop, Racket Services, etc…
(f) When you conduct certain types of transactions such as the application for a refund;
(g) When you purchase a bicycle in order to allow us to offer you workshop service for the maintenance of your product, and to contact you in the event of any defective components.
(h) When you agree to participate to a customer contest, competition, promotion or a sports event organized by Cygnett, and as well to any survey, interview or product testing;
(i) When you provide any feedback or complaints with regards to our Products or services to our Customer Service or directly in stores; or
Such personal data will be used by us only for the specific purpose for which it was provided by you.
- USE AND PROCESSING OF PERSONAL DATA
3.1. What will your Personal Data be used for? What are the purposes of collection?
Your personal data which we collect with your consent may be used, processed and/or disclosed for various purposes, depending on the circumstances for which we may/will need to process your data, including:
(a) To communicate with you, provided that Cygnett may monitor and store details of the phone number(s) you use to make the calls. This information is used to better address your customer service needs;
(b) To manage your purchase order and payment online, the subsequent home delivery or self-collection, as well as the eventual return of product if applicable;
(c) To identify you as a Cygnett Member in order you may obtain the benefits of the Cygnett Family Programme (extension of period for any return, sales warranty…)
(d) To answer to your questions, feedbacks, product reviews, enquiries or complaints in relation to our products and/or services and resolve the case maybe, any issue which may arise in connection with any dealing with us;
(e) To facilitate your participation in, and our management of, any special event, customer contest, competition, lucky draw, when you register/subscribe for it;
(f) To send you an invitation to form part of our consumer panel, testing product, interviews or research groups (unless you unsubscribe from receiving marketing material from Cygnett);
(g) To contact you regarding current or new Products and/or Services offered by Cygnett (unless you unsubscribe from receiving marketing material from Cygnett);
(h) To inform you of new features, special offers and sales promotions offered by Cygnett (unless you unsubscribe from receiving marketing material from Cygnett);
(i) To contact you by electronic mail (email or SMS) about functionality changes to our Website;
(j) To conduct market research or surveys, marketing analysis, customer profiling activities, analysis of customer choices, statistical and trend analysis in relation to our products and/or services; and
Cygnett will be entitled to use or disclose your personal data without your prior consent in certain situations, including, without limitation, the following:
- The personal data is publicly available;
- The disclosure is necessary for any purpose which is clearly in your interests, if consent for its disclosure cannot be obtained in a timely way or to respond to an emergency that threatens the life, health or safety of yourself or another individual;
- The disclosure is necessary for any investigation or proceedings, such as to prevent and detect criminal activity, fraud and misuse of or damage to our services or networks and to prosecute those responsible; as well as to protect and defend our intellectual property rights;
- The disclosure is necessary to comply with a court order or other legal or regulatory requirements in the jurisdictions we operate; and
- The disclosure is required or authorized by the DPA or by any other applicable laws and/or regulations.
3.2. Who will process your Personal Data?
Cygnett will process your personal data itself and will keep them confidential. As a general rule, insofar as you have provided your consent or when we are otherwise legally entitled to do so, Cygnett will share your personal data with our parent company or affiliates within the Cygnett Group For more information about the Cygnett Group, please visit Cygnett Group website.
Cygnett will not share or disclose your personal data to any individuals or third party operators, except to service providers engaged by Cygnett to perform specific services on behalf of Cygnett and for the purposes mentioned in clause 3.1 above, including the following:
- Delivery of products that you have ordered through our Website or postal service;
- Hosting your personal information in data centers through storage facility providers;
- Statistical and analytical studies through web analytics tool providers, such as Google.
- Improving advertising campaigns or promotions, marketing and business efficiencies and prospective sales;
- Monitoring the quality of our service or Website, corporate reporting, etc…
- Information about the products and services of business partners, but only if you have given us your prior consent to do so.
In such situations, the service providers are authorized to use your personal information only to perform the specific services entrusted by Cygnett. As part of our agreement with them, they are required to take all reasonable measures to ensure and maintain a high level of security of your personal data, adhering to similar or comparable data protection standards as the personal data protection legal framework in the Philippines.
- PROTECTION AND SECURITY OF PERSONAL DATA
4.1. How will your Personal Data be protected?
Cygnett takes every precaution and uses reasonable measures to protect your personal data. Cygnett has the necessary technical and organizational measures in place, to keep your personal data secure, and in particular, to prevent it from being disclosed to unauthorized third parties. For this purpose Cygnett takes all measures necessary to secure its computer systems.
Where personal information is entered on our Website, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) technology. We strive to protect your personal data and are constantly reviewing and enhancing our security protocols to ensure that your personal data is not subject to unnecessary risks. Nonetheless, note that no data transmission over the internet or any wireless network can be guaranteed to be completely free from intrusion by others. As a result, while we employ reasonable and appropriate security measures to protect data, we cannot guarantee the security of information transmitted to and from the Website and are not responsible for the actions of third parties that receive any such information.
4.2. Will your Personal Data be transferred outside of Philippines?
Primarily because we may outsource some of our data processing, your personal data may be transferred outside of the Philippines for the purposes mentioned in Clause 3. As a result, Cygnett takes every measure to ensure that this transfer takes place within the relevant legal framework, namely that such third party who is the recipient of the information is subject to a law, binding corporate rules, or binding agreement, which provides an adequate level of protection as required by the DPA. You hereby expressly consent to the transfer of your personal information outside of the Philippines.
- YOUR RIGHTS TO ACCESS AND/OR COORRECTION OF PERSONAL DATA
5.1. What are your rights?
Cygnett undertakes to:
(a) Treat your personal data as strictly confidential;
(b) Take appropriate measures to ensure that your personal data is kept secure and is protected against any unauthorized or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
(c) Provide you with access to your personal data to view and/or update your personal details, should the need arise;
(d) Promptly notify you if we become aware of any unauthorized use, disclosure or processing of your personal data; and
(e) Upon your written request, return promptly or destroy any and all of your personal data in our possession or control.
You may also seek redress from the local data protection authority and seek other legal remedies under the law.
The time periods for which we keep your information may vary according to the use or purpose attached to the information. Decathlon will however not retain your personal data longer than the period for which it is originally required for, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
5.2. How to access and/or correct your Personal Data –or to opt out?
You have a right to access, update or remove the personal data collected and stored by Cygnett or to limit their processing and use. You may as well request to correct any error or omission in your Personal Data.
If you wish to do so, Cygnett offers you different ways:
(a) You may contact our Data Protection Officer by:
- Writing to the following address and sending proof of their identity:
DATA PRIVACY OFFICER
W1A, La Fuerza Plaza, 2241 Don Chino Roces Ave., Makati City, Philippines
Or by sending an e-mail to: email@example.com
(b) You may also access, change and remove your personal details by clicking on “My account” on our Website.
(c) You may also decline to receive e-mails by clicking on ‘unsubscribe’ in any marketing e-mail you receive.
If you use an email or a letter to submit your request, kindly mention at the subject header that it is a DPA request in order to allow us to relay your request in an efficient manner to our Data Protection officer.
6.1. What are cookies?
Analytics firms are able to consult these cookies the next time you visit, to recognize repeat users, facilitate the user’s ongoing access to, and use of, the Website and track usage behavior so as to make your browsing smoother.
For the sake of transparency, the following paragraphs are intended to give you a complete overview of the cookies used by Cygnett and to offer you a solution to allow you to make the right choice. Please note that sharing the use of your computer with others may change the personalized nature of the way cookies operate.
6.2. What Cookies are used by the Website?
The Website integrates the use of the following cookies:
- Cookies to record the language preferences of the User or other preferences necessary to provide the service requested, and
- Flash cookies containing elements strictly necessary for a User’s media player (audio or video) to function optimally, corresponding to content requested by the User.
6.4. How can you exercise your options concerning cookies?
You may also choose to deactivate or delete similar cookies used by your browser’s accessory software, such as Flash cookies, by changing the parameters of the software in question, or by visiting the website of the software’s publisher.
Your choice depending on your browser:
- For Internet Explorer™: Open the Tools menu, then select Internet Options; click on the Confidentiality tab, then on the Advanced tab, and choose the desired level, or follow this link: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
- For Chrome™: open the Settings menu (spanner logo), then select Options; click on Advanced Options, then in the Privacy section click on Content Settings and choose the desired options, or follow this link: https://support.google.com/chrome/answer/95647?hl=en&hlrm=en