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Política de Privacidad

 

1.- Privacy Policy

In BH BIKES EUROPE, S.L. (hereinafter BH BIKES) we are committed to protecting the privacy and ensuring the proper use of the personal data that we process and which you provide to use, both online through this website and, where applicable, any of its subdomains, microsites and/or mobile applications, and offline.

Please carefully read this policy and make sure that you understand it and agree with it before providing us with your personal data. If you do not agree with it, do not use this website or its services or provide us with your data. If you access this site, use any of its services or provide us with your data, whether online or offline, this shall be deemed to be a clear affirmative action whereby you give us your consent (when this is necessary) to process your data for the purposes outlined below.

 

2.- Who is the processor of your data?

BH BIKES EUROPE, S.L.

Mailing address: C/ Perretagana 10 01015 VITORIA

Email: to info@bhbikes.com

Telephone no.: 945142700

Data Protection Officer: Jose Antonio Gomez Damborenea

DPO contact: Silvia Díez Menéndez


3.- How did we obtain your data?

Obtained from the data subject:

If you are a current or potential customer/supplier, or simply a user of our website, you have provided us with your data, either offline or online, when requesting our services to maintain the contractual or pre-contractual relationship with you. That information includes, for example:

- Your contact details, including your full name, your address (billing or delivery), your date of birth and email address and, optionally, your telephone number. We need your email address and (optionally) your telephone number so that we can contact you if we have a question or information about your order.

- Other information necessary to process your order, such as information about the products that you have ordered, the billing and delivery address and your bank or credit card details.

- If you have created an online profile, the preferences and interests saved in this profile.

- If you have contacted customer services, the details and record of that contact.

- If, in order to participate in any event, activity, promotion or competition organised by us, you send us a video or photographs or any other form of text or audiovisual content (articles, drawings, etc.) protected by industrial or intellectual property rights, the sending of such content implies authorisation by the sender for BH BIKES to use it on this website, and therefore to make it available to third parties, and in any of our social media profiles, and on YouTube to provide information about any event/activity, to document it, and include it in a photographic/video report relating to it and on any advertising leaflets, posters, printed material and promotional signs, etc. Therefore, you assign to BH BIKES, non-exclusively, free of charge and for an unlimited time and worldwide, the sublicensable right to reproduce, distribute, translate, publish and disclose all or part of such content by any means currently known or developed in the future, for any purpose. The copyright of such content belongs to its author, who warrants such authorship. However, sending us this content or placing it on our website or social media channels implies the assignment of the right to reproduce and publish this content, with the author reserving their right to exploit it in any way that does not conflict with the normal exploitation of the work by the aforesaid means.

- The sender warrants that they are the owner of the content or that they have all of the rights, capacity and/or permissions necessary to license said content and that it does not infringe the rights of any third parties, including any industrial and intellectual rights, and they are responsible for obtaining any public or private authorisations and making any payments for the rights to use any intellectual and industrial property rights that may be necessary. The sender shall be solely liable for any claims filed by third parties, including the Public Administration, in relation to the content and ownership of such content, and for any resulting losses or damages that may be incurred by BH BIKES EUROPE, which is expressly authorised to take any action permitted by law to protect its rights.

If you have provided us with this data through this website or any of its subdomains, microsites and/or mobile applications, we collect information, for example, when you register as a user, fill in any form with personal data, when you edit your profile and/or upload information or content, when you make a purchase from our store; or when you contact us directly by email. 

When you provide us with your personal data, you warrant that you are authorised to provide this information and that the information is true, accurate, complete and up-to-date, that it is not confidential, that it does not violate any contractual restrictions or third-party rights and that you agree not to impersonate other Users by using their registration details for the Website's various services and content.

You are responsible for keeping your data and profile accurate and up-to-date, with BH BIKES held harmless from all liability if you fail to do so.

Obtained automatically when visiting our website:

When you visit our website, data is sent from your browser to our server, to optimise our services and improve your experience as a user, e.g. when you access a page or when you log into our Services through third-party services such as social media sites or Google. This data may be automatically collected and stored by us or by third parties on our behalf. This data may include:

- The user's IP address

- The time and date of the visit

- The URL of the site from which the user came

- The pages visited on our website

- Information about the browser used (type and version of browser, operating system, etc.) 

We may process and record such uses, sessions and related information, either independently or with the assistance of third-party services, including through the use of “cookies” and other tracking technologies such as flash cookies and web analytics.

In relation to the above, we offer location services in some of our mobile applications, e.g. Google Maps and Bing Maps. If you use these mobile applications, they may receive information about your actual location (e.g. using GPS signals sent by your mobile device) or information that can be used to determine your approximate location. You can generally enable or disable the location services on your device or in your browser's settings.

We use the Google Maps or Bing Maps service to help you to find the nearest BH Bikes store. To facilitate this process, we load an image of Google Maps or Bing Maps and we store the route data and the map image on our server.

For further information about Google Maps and Bing Maps and their Privacy Policy, view their privacy policies.

Our website and mobile application use online retargeting technology. We believe that displaying personalised advertising, based on the user's interests, is more interesting for our customers than advertisements with no personal connection to them and this technology allows us to show our visitors - who were interested in our store and our products - our advertisements on other third-party websites. For this purpose, we work with companies that use tracking technologies to display online advertisements on our behalf. These companies may collect information about your visits to our website or mobile applications and your interactions with the messages that we send, including advertising.

Retargeting technologies analyse your cookies and show advertisements based on your browsing behaviour, but we do not store your personal data with this technology and it meets the applicable Data Protection requirements.

Communication by a third party of the data subject's data:

If rather than you, the data subject, it is a third party that provides us with your data, your data may have been obtained by us through our sales network or dealers, after you provided them with your data; in such a case, we may process the following categories of data: Identifying, economic, financial and insurance data and data on transactions of goods and services.

When you apply for financing for the items purchased, the financial institution may inform us whether or not the financing was granted.

Communication of third-party data by the interested party:

Regarding the data of third parties, you must respect their privacy, taking special care when disclosing or publishing their personal data. Only the owner may authorise the processing of their personal data. If you provide us with third-party data, you are responsible for obtaining their prior and express consent to use and disclose it, and it is your responsibility to inform them that we are processing their data.Besides breaching data protection regulations, the disclosure of third-party data without consent may violate the regulations regarding the right to honour, to privacy or to reputation of those third parties. If you provide us with third-party data, by accepting this privacy policy you expressly warrant that you have been authorised to provide it by the party concerned, holding us harmless from any liability in the event of any claim by the interested party, a liability assumed solely and exclusively by the person who provided us with the data on their behalf.

Children's data:

It is not permitted for children under the age of 13 to provide data to this website. If you are below that age, we shall need your parents or guardians to give you permission to provide us with your data. You must be at least 18 years old to purchase our products.

 

4.- Why do we process your data?

The data that you provide to us, and any other data generated during the course of the contractual, pre-contractual or commercial relationship or any other form of relationship that we maintain with you, may be processed for other purposes, such as:

- To maintain contact and communication with you, to manage the contractual and/or commercial relationship, including after-sales and warranty services, to manage any requests that you send to us online and, where applicable, so that you may be invited to, register for and/or participate in the activities or events promoted or organised by BH BIKES. We also inform you that at these events and activities, photographs may be taken and/or videos may be recorded and these may be published on this website, on any of our social media profiles and on YouTube, to report the event/activity, document it and to be included in the photographic/video report on it.

- In order to offer you, develop, personalise and improve our products and services based on your interests and to improve your user experience, we will create a “commercial profile”, based on the information provided. Automated decisions will be made based on said profile, applying criteria such as your geolocation - to inform you of prices in your country or to direct you to your nearest store - your purchases in our online store and/or in BH Bikes' physical stores, your use of loyalty programmes, your ratings and assessments of products, your record of contact with our customer services department, your newsletter open rates and clicks, your browsing behaviour (web tracking), the types of newsletters to which you are subscribed, your participation in promotions and events and your use of our mobile applications.    

- To assess your creditworthiness, for which you authorise BH Bikes to contact third parties such as financial institutions, credit score and credit rating companies, etc. to request additional financial and property data that may be necessary to complete the information regarding your creditworthiness.

- To maintain contact and communication with you, to conduct opinion and/or satisfaction surveys and to send you information about our activities, products and/or services (including marketing and/or commercial messages, pursuant to art. 21 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE)). The emails that we send you with information (e.g. about our activities) or marketing, include an option to unsubscribe so that you no longer receive them. If you choose to do this, we will no longer send you emails of this type.

 

5.- How long do we keep your data?

We will keep the personal data that you provide to us for the duration of the contractual or commercial relationship and when the latter has concluded, until the data subject asks for it to be deleted and, even when this has been requested, for the time necessary and limiting the processing thereof solely to; meeting the legal/contractual obligations to which we are subject and/or for the period provided for by law for the statute of limitations on any liabilities on our part and/or to file or defend ourselves against any claims arising from the relationship maintained with the data subject. 

In addition to the above criteria, personal data on computer files or on paper may be deleted at the organisation's discretion, when logistical needs and/or storage space requirements make it advisable to delete information or documentation.


6.- What legal authorisation do we have to process your data?

The legal basis upon which we are authorised to process your data may vary:

- The relationship arising from the contract between us if you are a current customer/supplier, or the tender, quote, request or pre-contractual relationship of any kind existing between the parties if you are a potential customer/supplier, or, for example, your consent if you have sent us a request via our website, if you are simply a user of said website. To give us your unequivocal consent when you provide us with your data, whether online or offline, with the provision thereof deemed to be a clear affirmative action that expresses your consent.

It is obligatory to provide the requested data as it is necessary for the aforementioned purposes; if you do not provide it, we will not be able to fulfil such purposes.

- For example, fulfilling a legal obligation to comply with the consumer protection regulations.

- Our legitimate interest: Given the pertinent and appropriate relationship that you maintain with us as a current or potential customer/supplier, a user of our website, etc., we have a legitimate interest in processing your data so that, for the purpose of maintaining and managing said relationship, we may conduct opinion and/or satisfaction surveys and send you information about our activities, products and/or services (including marketing and/or commercial messages, pursuant to art. 21 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE)). Such ends are compatible with the original purpose for which we collected your data (managing contact and communication with you and maintaining the relationship between us) but, in any event, providing your data for the purposes referred to above, arising from our legitimate interest, is always voluntary and your interests, rights and freedoms shall always prevail over our legitimate interest, so if you want us to cease sending you commercial information by email, SMS, telephone or any other electronic means and to cease processing your data for these purposes, please send us an email to inform us of this to info@bhbikes.com and we shall do so. The data may remain blocked for filing, bringing and defending claims. This removal of data does not affect the processing of your data for the other purposes described

 

7.- Who are the potential recipients of your data?

We hereby inform you that the data that you provide to us may be communicated to third parties for purposes directly related to the legitimate functions of the assignor and assignee, for example:

To other companies from the BH business group, for internal administrative purposes, including the processing of customers' personal data.

To stores and dealers, for the assembly and delivery of the purchased bicycle.

To the entities or organisations to whom we are legally obliged to communicate the data (tax authority, etc.).

To the various entities that may be necessary at any given time in order to provide the various payment services and manage the charges and payments made through this website and any obligations arising from the payment systems that they provide for us; the foregoing enables these entities that provide such services to fulfil their inherent functions.

To insurance companies in the case of credit and surety insurance, to ensure the collection of payments, or insurance for public liability or defective products, in the event of any claims by end users.

We may also use suppliers who may need to process data on our behalf to provide us with a service, (e.g. hosting, housing, software as a service, remote backups, computer support or maintenance services, email clients, sending of emails and email marketing, file transfers, logistical services for the delivery of goods, payment transaction management, etc.). We sign a contract with these suppliers who provide us with a service that obliges them to process and protect the data in accordance with Spanish and European data protection regulations and to refrain from using it for any purpose other than the provision of the contracted service and to return it to us or destroy it without retaining any copy of it when the contractual relationship ends.


8.- International Data Transfers

We hereby inform you that if we use US suppliers, who may have access to personal data for the purpose of providing us with services that support our activity (hosting, housing, software as a service, remote backups, computer support or maintenance services, email clients, sending of emails and email marketing, file transfers, etc.). Those companies may change and vary over time but, in any event, we shall choose companies that adhere to the Privacy Shield agreement between the USA and the EU, or that are based in countries that have been declared countries with an adequate level of protection, meaning that they are obliged to meet data protection requirements equivalent to those in Europe. In any event, by accepting this data protection policy, you expressly and unequivocally authorise the communication of the data to those companies, with the knowledge that this implies an international transfer of data to a country that does not belong to the European Economic Area and giving your unequivocal consent for said transfer.

 

9.- What are your rights when you provide us with your data?

Right of access: You may ask us what data we are processing and even request a copy of it. 

Right to correction: You may request that we correct any inaccurate personal data or that we complete any incomplete data, including through an additional declaration. 

Right to erasure (right to be forgotten): You may ask us to delete your personal data when: it is not necessary for the purpose for which it was collected, you withdraw your consent, it has been processed unlawfully or in order to fulfil a legal obligation.

Right to restrict processing: You may request that we restrict the processing of your data, in which case we shall only keep it for the purpose of filing or defending claims.

Right to data portability: You may request that we return your personal data (to you or a specified third party) in a structured, commonly used and machine readable format.

Right to object: You may object to any processing of your data if such processing is based on the legitimate interest of the controller of the file and is for marketing purposes.

In order to exercise all of these rights, you may send us a written and signed request, always enclosing a copy of your ID, to the mailing address or email address specified in section 2 of this privacy policy. If your information changes, you must inform us of this at the same address, with the company being held harmless if you fail to do so.

When we have received any of the above requests, we will reply to you within a maximum of 10 days.

Any complaints may be made to the Spanish Data Protection Agency. If you would like further information about the rights that you can exercise or if you want to request the forms to exercise these rights, you can visit the Spanish Data Protection Agency's website, www.agpd.es