Privacy Policy and Cookies Policy of BANBROKEN

This privacy policy describes the personal data collected or generated (processed) when you use the Banbroken web pages (It also explains how your personal data is used, shared and protected, what options you have in relation to it and how you can contact us.

WHO is Responsible for the Processing of your personal data?

The Banbroken company that will be responsible for the processing of your personal data will depend on how you interact with the Websites and where you are. Banbroken is referred to in this privacy policy as “Banbroken” or “we”.

WHAT personal data do we collect and WHEN?

In order to provide you with the products or services you request, we will ask you for certain personal data. For example, when you make purchases, contact our customer service, request to receive communications, create an account, participate in our events or contests, use our Websites or use our RRSS.

This personal data includes your:

• contact details, including name, email, phone number, and shipping and billing address;
• access and account information, including username, password, and unique user ID;
• personal data including gender, hometown, date of birth and purchase history;
• payment or credit card information;
• images, photos and videos;
• data on physical characteristics, including weight, height, and body measurements (shoe/foot measurements or clothing size);
• physical activity data that has been provided by you or generated through our Web Pages;
• social media information, including credentials and any information from your public posts about Banbroken or your communications with us.
  personal preferences including your wish list, as well as marketing and cookie preferences.

We collect additional personal data from you to enable particular functions within our Websites and Apps.This personal data includes your:

• As you interact with our Websites and Apps, certain data is automatically collected and shared from your web browser or mobile device. More information about these practices is included in the “Cookies and Pixel Tags” section of this privacy policy. Such data includes:
  

• Device identifiers, call status, network access, storage information and battery information; y
• Cookies, IP addresses, referrer headers, data that identifies your web browser and version, web beacons and web tags.

Minor

We comply with local regulations and do not allow minors to register on our Websites and Apps when they are below the legal limit of the country in which they reside. Parental consent will be required for minors to participate in Banbroken experiences and events.

Tools to manage the personal data we collect

When you use our Apps and Websites, we also provide you with prompt notices or obtain consent for certain practices. For example, we will obtain consent to use your location or send push notifications. We may obtain this consent through the Apps or Websites or using the standard permissions available on your device.

In many cases, your web browser or mobile device platform will provide additional tools that allow you to control when your device collects or shares certain categories of personal data. For example, your mobile device or web browser may offer you tools that allow you to manage the use of cookies or location sharing.We encourage you to familiarize yourself with and use the tools available on your devices.

WHY and HOW do we use your personal data?

We use your personal data as follows:

To provide the functions of the Websites, Apps and Services that you request

When you use our Websites and Apps, we will use your personal data to provide you with the product or service you request.For example, if you make a purchase at Banbroken.com, or participate in an event or promotion, we will use the contact information you provide to contact you about the purchase, event or promotion. If you contact our customer services, we will use information about you, such as delivery or payment information, or the product you have purchased, in order to help you resolve a problem or question.

In many cases, in order to use particular features within our Websites and Apps, you may need to provide Banbroken with additional data or additional consent to use certain data in a certain way.For example, to use the heart rate tracking features of our Apps, you may need to connect to a heart rate monitoring device. Similarly, for social media sharing, you may be required to provide your social media account credentials to sign up.

To communicate information about our products, services, events and for other promotional purposes

If you are an existing Banbroken customer (for example, if you have placed an order with us), we may use the contact details you have provided to send you marketing communications about similar Banbroken products or services, where appropriate. permitted by applicable law (unless you have opted out). In other cases, we will ask for your consent to send you marketing information. We may use the information you provide us, as well as information from other Banbroken products or services - such as your use of the Banbroken Websites and Apps, your visits or purchases made at Banbroken stores, your participation in events and Banbroken contests - in order to personalize communications about products and services that may be of interest to you.

To operate, improve and maintain our business, products and services

We may use the data you provide us to operate our business.For example, when you make a purchase, we may use that information for accounting, auditing, and other internal functions. Another example could be when we use data about how you use our products and services to improve your user experience and to help us diagnose technical and service problems and to administer our Websites and Apps.

To protect our property or safety or our own rights or those of third parties

We may also use your personal data about how you use our Websites and Apps to prevent or detect fraud, abuse, illegal use, violations of our Terms of Use, and to comply with court orders, government requests, or laws applicable.

For general research and analysis purposes

We use data about how our visitors use our Websites, Apps and services to understand customer behavior or preferences.For example, we may use information about how visitors to Banbroken.com search and find products to better understand the different ways to organize and present product offers in our store.

Use (processing) of Training Information

As discussed above, Banbroken collects data about your physical activity or physical characteristics (collectively, “Workout Information”) to provide our Apps and other services.Due to the personal nature of this data, we strive to provide you with clear information about how the Training Information will be used.As this data may be considered sensitive in certain jurisdictions, we take appropriate measures to protect and use this data and, where required by applicable law or under Banbroken's internal policies, we will obtain your consent for the use of your Training Information.

Other purposes

We may also use your personal data for other purposes by providing you with specific notice at the time of collection and obtaining your consent where necessary.

Legitimation

For the processing of your personal data, our legal basis depends on how you interact with our Websites and Apps.

• When you buy Banbroken products from our Websites and Apps, we need your personal data to fulfill our contractual relationship. For example, we will need your bank and contact details for the delivery of your order.
• When you use our Apps, we rely on your consent for processing and for certain limited purposes to perform our contract with you (for example, for in-App purchases).
• We also rely on other legal grounds, such as our legitimate interests as a business, compliance with a legal obligation, or protection of your vital interests.

Sharing your personal data

Banbroken Exchange

Banbroken shares your personal data with:

• Banbroken group entities for the purposes and under the conditions described above
• Third party service providers who process personal data on behalf of Banbroken, for example, to process credit cards and payments, shipping and deliveries, hosting, managing and servicing our data, distributing emails, research and analysis, manage brand and product promotions, as well as manage certain services and functions. When using services provided by a third party, we will agree that they are required to establish technical and organizational measures to protect your personal data.
• Other third parties to the extent necessary to: (i) comply with a government request, court order, or applicable law; (ii) prevent illegal uses of our Websites and Apps or violations of the Terms of Use and policies of our Websites and Apps; (iii) defend against third party claims; and (iv) assist in the prevention or investigation of fraud (eg, counterfeiting).
• To any other third party as long as you have given your consent.

We may also transfer the personal data we hold about you in the event we sell or transfer all or part of our business or assets (including in the event of a reorganization, spin-off, dissolution or liquidation).

Their exchange

When you use certain social features on our Websites and Apps, you may create a public profile that may include information such as your username, profile picture, and city of birth. You can also share the content with your friends or public, including information about your Banbroken activity. We encourage you to use the tools we provide to manage Banbroken's social sharing in order to control the information you make available through Banbroken's social features.

Protection and Management of your personal data

Encryption and security

We use a variety of technical and organizational security measures, including encryption and authentication tools, to maintain the security of your personal data.

International transfers of your personal data

The personal data that we collect (or process) in the context of our Websites and Apps will be stored in Spain and other countries. Some of the data recipients with whom Banbroken shares your personal data may be located in countries other than the country in which your personal data was originally collected. The laws of those countries may not offer the same level of data protection as the country in which you initially provided your data. However, when we transfer your personal data to recipients in other countries, including Spain., we will protect that personal data as described in this Privacy Policy and in accordance with applicable law.

We take steps to comply with legal requirements for the transfer of personal data to recipients in countries outside the European Economic Area (EEA) or Switzerland.We use a variety of measures to ensure that your personal data transferred to these countries receives adequate protection in accordance with data protection regulation; this includes signing the EU Standard Contractual Clauses, verifying that the recipient has adopted the company's binding clauses or has adhered to the EU-US and Swiss-US Privacy Shield ).When personal data is transferred within Banbroken, we use an intra-group data transfer agreement.

Preservation of your personal data

Your personal information will be retained for as long as necessary to fulfill the purposes set forth in this privacy policy (unless a longer retention period is required by law). In general, this means that we will keep your personal data for as long as you maintain your Banbroken account. For personal data related to the purchase of products, we will keep the data longer to comply with legal obligations (such as tax obligations, sales obligations and for warranty purposes).

Your rights in relation to your Personal Data

You have the right to request: (i) access to your personal data; (ii) an electronic copy of your personal data (portability) (iii) the correction of your personal data if it is incomplete or inaccurate; or (iv) the deletion or restriction of your personal data in certain circumstances provided by law. These rights are not absolute. When we have obtained your consent for the processing of your personal data, you have the right to revoke it at any time.

If you wish to request a copy of your Personal Data or exercise any of your other rights, please use our Contact Form requesting such information.

Resignation of commercial communications

If you have a Banbroken account, you can stop receiving advertising communications from Banbroken, by modifying your preferences in the section “view or change my profile” of our website.You can also cancel them by modifying your email, in the SMS by clicking the link to cancel your subscription, or by following the cancellation instructions included in the message. Alternatively, you can contact us using the contact details detailed in the "Questions and comments" section below.

Cookies and Pixel Tags

Banbroken collects information, which may include Personal Data, from your browser when you use our Web Pages. We use a variety of methods, such as cookies and pixel tags, to collect this information, which may include your (i) IP address; (ii) unique cookie identifier, cookie information, and information about whether your device has software to access certain features; (iii) unique device identifier and device type; (iv) domain, browser type and language, (v) operating system and system settings; (vi) country and time zone; (vii) previously visited web pages; (viii) information about your interaction with our Websites, such as clicking behavior, purchases and indicated preferences; and (ix) access times and referrer URLs.

Third parties may also collect information through the Websites using third party cookies, plug-ins and widgets. These third parties collect data directly from your web browser and the treatment of this data is subject to their own privacy policies.

We use cookies and pixel tags to track our customers' use of the Websites and to understand our customers' preferences (such as country and language choices). This allows us to offer services to our customers and improve their online experience. We also use cookies and pixel tags to obtain aggregate data about Web Page traffic and interaction, in order to identify trends and obtain statistics so that we can improve our Web Pages.In general terms, there are three categories of cookies used on our Web Pages:

• Functional: These cookies are necessary for the basic functionality of the Website and, therefore, they are always enabled for it. These include cookies that allow you to be remembered as you browse our Websites in a single session or, if you request it, from session to session. They help make the purchase and payment process possible, as well as assist with security and compliance issues.
• Performance: These cookies allow us to improve the functionality of our Web Pages by tracking usage. In some cases, these cookies improve the speed with which we can process your request and allow us to remember your preferences for the web page you have selected. Rejecting these cookies may result in maladaptive recommendations and slow website performance.
• Social networks and Advertising: Social network cookies offer you the possibility of connecting to your social networks and sharing the content of our Web Pages through social networks.Advertising cookies (from third parties) collect information to help better tailor advertising to your interests, both on and off our Web Pages. In some cases, these cookies involve the processing of your personal data. Refusing these cookies may result in seeing advertising that is not as relevant to you or may not effectively link you to Facebook, Twitter or other social networks and/or may not allow you to share content on social networks.

You can always change your preferences by visiting the "Cookie Settings" section at the bottom of each page of our Web Pages.

To get a complete and up-to-date overview of every third party that accesses your web browser (through Banbroken Websites or otherwise), we recommend that you install a web browser plugin designed for this purpose.You can also choose to have your computer warn you each time a cookie is being sent, or you can choose to disable all cookies. This is done through the browser settings on each browser and device you use. Every browser is a little different, so look in your browser's Help menu for the correct way to modify your cookies. If you disable cookies, you may not have access to many features that make our Websites and Apps more efficient and therefore some of our services will not function properly.

Use of Banbroken Web Pages and Apps with third-party products and services

Our Websites and Apps allow you to interact with a wide variety of digital products and services.For example, our Websites and Apps may integrate with third-party activity tracking devices, social media, music streaming services, and other digital services.

If you choose to connect your Banbroken account with a third-party device or account, your privacy rights on third-party platforms will be governed by their respective policies.For example, if you choose to share your Banbroken activity on third-party social media platforms, the policies of those platforms govern the data that resides there.

Our Websites and Apps may provide links to other (third) websites and apps for your convenience or information. Linked websites and apps have their own privacy notices or policies, which we strongly encourage you to review. To the extent that linked websites and apps are not owned or controlled by us, we are not responsible for their content, use of the linked websites or apps, or the privacy practices of linked pages. website or apps.

Changes to our Privacy Policy

Applicable law and our practices change over time. If we decide to update our privacy policy, we will post the changes on our Websites and Apps. If we materially change the way we process your personal data, we will provide you with prior notice or, where legally required, seek your consent before making such changes. We strongly encourage you to read our Policy and stay informed of our practices. This Policy was last modified in January 2020.

Questions and Comments

We welcome all questions, comments and concerns about our privacy policy and privacy practices.

If you wish to send us your comments, questions or concerns, or if you wish to exercise your rights related to your Personal Data, please use our contact form.

The contact details of our Data Protection Officer are: Banbroken Spain SL, Banbroken Privacy Office, Calle Hilera 8, Spain or info@banbroken.com

If you contact us with a privacy complaint, it will be evaluated with the aim of resolving the matter appropriately and effectively. You also have the right to lodge a complaint with the supervisory authority in the country in which you reside.