PRIVACY POLICY AND COOKIES

Last Updated: November 24, 2022

Your privacy is important to us. This Privacy Policy (“Privacy Policy”) explains what personal information is collected and how it is used by BIMBA Y LOLA USA, CORP., its parent entity BIMBA Y LOLA, S.L., and their subsidiaries and affiliates (collectively, “BIMBA Y LOLA,” “Company,” “we,” “us,” or “our”) when you access or use the site hosted under the domain bimbaylola.com and any BIMBA Y LOLA mobile site or BIMBA Y LOLA mobile application (collectively, the “Site”). This Privacy Policy and other documents referenced in it apply to all personal information collected through our Site and any related services, sales, marketing or events. This website may contain links to other organizations’ websites, including potential links to sites for individual BIMBA Y LOLA dealers, distributors, international affiliates, or suppliers. BIMBA Y LOLA is not responsible for the privacy policy or practices of those organizations or the content of such websites.

By making purchases through or otherwise visiting this Site, you accept the policies and practices described in this Privacy Policy. BIMBA Y LOLA reserves the right to make changes to this notice by posting such changes on this website. Changes are effective immediately upon posting unless a different effective date is stated. This notice applies to all information collected or submitted on the BIMBA Y LOLA website.

If you are a California resident, please see the “California Residents’ Rights” section below for more information about additional rights you may have.

a. INFORMATION YOU PROVIDE AND PURPOSE OF COLLECTION

We may collect personal information directly from you (from forms you completed, information you submitted, products you purchased, or services you requested) and indirectly from you (through automated collection of your web browsing activities). This information was collected for a number of purposes, as described in more detail below, and was provided to us under the conditions established under this Privacy Policy.

Required Information. There are pages on this site where we request specific information about you, in order to register your BIMBA Y LOLA product, process your orders, fulfill your requests for information such as when you download products, provide customer service, communicate with you about past orders, and keep your knowledge about our products and services current (collectively, “Personal Information”). We may also collect information you provide us if you enter a contest or promotion, or sign-up to receive newsletters or related services. We may also collect information when you apply for a job opening or otherwise submit employment data to us. The types of Personal Information collected at these pages are:
- Name
- Address
- Email address
- Phone number
- Other contact details

On some pages, we may request that you submit information about other people. For example, if you order a gift online and want it sent directly to the recipient, you will need to submit the recipient’s address. In this circumstance, the types of Personal Information collected about other people are:
- Name
- Address
- Email address
- Phone number

Whenever we require information from you, it is our policy to collect and save such information so that we do not need to ask you for it repeatedly. You can choose not to provide certain information, but then you might not be able to take advantage of some of the features in this website.

Product Registration. You can register your BIMBA Y LOLA product on our website if you would like to receive product information as well as updates on our new products and services. Information you submit on our website will not be used to provide promotional or marketing information unless you agree to this on the registration form. When you register on the site, we provide you with the opportunity to “opt out” of receiving any information, product, service, or other informational emails from BIMBA Y LOLA. If you choose to opt out, we will only answer the email we receive from you and provide necessary status information regarding your orders or your product registration. Such addresses are not used for any other purpose and are not shared with outside parties.

Orders. In the process of placing an order on the Site, you provide information required to complete your transaction, validate your identity, confirm compliance with regulations related to the purchase, and to complete the transaction. Other than as expressly stated herein, we do not share this information with outside parties except to the extent necessary to complete that order. We use the information you provide about someone else when placing an order only to ship the product and to confirm delivery.

Optional Information Supplied Voluntarily. From time to time, we may invite you to participate in voluntary surveys or otherwise supply additional certain optional information. Responding to these requests is completely voluntary and is your choice. We collect and analyze information voluntarily supplied via surveys or otherwise in order to track and improve service to our customers and potential customers, for internal marketing purposes, and for any additional purposes indicated in the request for information.

We use non-identifying and aggregate information to better design our website and to share with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our product registration form, but we would not disclose anything that could be used to identify those individuals. We also use this demographic information in designing and evaluating new products that BIMBA Y LOLA manufactures.

Geolocation Information. When you use a smart phone, mobile device or computer to access the Site or use our mobile application, we may collect information about your physical location. We may combine this information with other location-based information (e.g., your IP address and billing/postal code), to provide you with other services on your mobile device. We share your location information only with third parties that help us provide you with services. You can opt out of sharing this information by changing the permissions in your mobile device.

Special Categories of Data. Generally, we do not collect or process categories of Personal Information that require a heightened level of protection under data protection legislation in some jurisdictions because it reveals or concerns sensitive information, such as health matters, race, or ethnic origin (“Special Categories of Data”). However, there could be a situation (such as for employment purposes) where we may process such data. In this case, we will be sure to comply with applicable data protection legislation, including relying on the necessary legal grounds to process the data (e.g., processing health data for an insurance contract). We shall use reasonable security practices and procedures to safeguard your Special Categories of Data.

Automatic Collection of Information. Like many websites, our site may periodically utilize a technology called “cookies.” A cookie is a small data file that a web server can deliver to your browser, which is then stored on your computer’s hard drive. Cookies are designed to permit us to provide better or more personalized service when you are visiting our site, and can also identify websites visited between visits to our site. You can set your browser to notify you when you receive a cookie, providing you with as much control as you wish as to the decision to accept/reject the cookie, and deletion of the cookie upon leaving our website. Refer to your browser’s Help information for details on setting cookie notification services.

We may also track the Internet domains from which people contact us, and from time-to-time we may gather information concerning the “referring“ domain that a person visited prior to our site, and the “destination“ domain a person visits after leaving our site. Information automatically collected is used to identify and analyze the trends and statistics of visits to our website and to make our website more responsive to the needs and interests of our customers. We may also use the information to support Site features by not asking you to re-enter information we already possess. We also use this information to personalize your experience when you use the Site and to improve marketing efforts, including through use of targeted advertising. As the Internet evolves, we may use different types of technologies for this purpose. Unless prohibited by law, creating a user identity during a visit to the Site constitutes your consent to processing your Personal Information, and we may link the information your browser provides to information that identifies you personally, as described in this Privacy Policy.

b. INFORMATION FROM THIRD PARTIES

Social Media. We may also receive certain information about you from third parties, such as through your use of a social network authentication to sign-in to the Site, your use of an authenticated payment method, or through other online data sources, according to the rules of the use and processing of such information established by the respective source. If any Personal Information are freely available or accessible in the public domain, we will not have any obligations to you regarding the same.

Third-Party Cookies and Other Similar Technologies. Web technologies may also be placed on the Site by third party providers. Also, we or third-party providers may place web technologies on behalf of the supplier whose branding appears on the Site or its service providers. In this way, our supplier would be allowed to use the data collected. This information is used to enhance your experience with the Site, for marketing analysis, for targeted and display advertising, and for quality improvement. We may collect your IP address through web technologies.

We and our suppliers may use third party service providers in connection with the Site. These and other service providers may collect information about your visits to websites, your interaction with that website, and the products and services offered by us or our suppliers. The following describes our policy regarding the collection of cookies.

When you visit the Site, we will use your Personal Information in the following manner:

In Connection with Your Order. When you visit the Site to complete a transaction, we must process your data to complete the transaction and to comply with our transactional obligations, including processing necessary to:
- ensure security and monitor and prevent fraud;
- determine the country where you are located for trade compliance;
- process your order and payment, verify your tax status, contest chargebacks, determine your eligibility for a line of credit, or to send you transactional notifications;
- provide you with a personalized shopping experience;
- register your purchase for warranty, technical support or similar purposes;
- provide you with keys, access codes or other information necessary to access your purchased products and services;
- where you have consented, establish an account for future purchases;
- facilitate the renewal of subscriptions for subscription products or services; and
- provide you with an effective experience and support. As allowable by law, this may include contacting you if you start a checkout process to follow-up on the incomplete session or to see if there was a problem with your use of the Site.

There may be times when we will need to disclose your information to our affiliates, providers, contractors, suppliers, or distributors for the purpose of fulfilling an order for products and services requested by you, or otherwise processing transactions and related information. Before doing so, we will require the organizations receiving such information to commit to the same level of protection for your information as is provided in this Privacy Policy. We will not knowingly distribute your name, address, or other information you provide outside of the BIMBA Y LOLA family of subsidiaries and affiliates, or publicize the fact that you submitted information to us, unless we ask your permission or notify you beforehand, or we are required to do so by law or government order.

Use of Anonymous Information. We may use information that has undergone anonymization such that it can no longer be used to identify an individual and cannot be combined with other information to re-identify an individual (“Anonymous Information”). In this case, all Personal Information elements, such as name, street address, phone number, email address, and others will be anonymized in accordance with applicable law. We may use the Anonymous Information to:
- perform fraud prevention activities, such as device fingerprinting;
- personalize and support your use of the Site and/or the services of our supplier;
- improve the Site, the customer experience, our advertising systems, and our products and services;
- identify transactions as originating through an affiliate marketing or referral program;
- deliver targeted advertisements on the Site and other commerce solutions;
- provide reporting to our current and prospective suppliers and service providers; and
- conduct other historical or statistical research and analysis.

We may also use de-identified data (data where certain identifiers are removed to prevent a person’s identity from being directly connected with the information (such as masking certain personal identifiers)) for the same purposes as described in this section, as well as for related purposes, as allowed by applicable law.

Other Uses of Your Personal Information. We may also use your Personal Information:
- to verify that data we have about you is accurate;
- to contact you if you have requested communication from us;
- for human resources such as to collect your email address if you are applying for a position online; and
- management of our customer service telephone service, in which conversations may be recorded in order to attend to the enquiries and requests made, as well as to guarantee their quality. Likewise, for the management of customer care and the users of our website through our online chat and through Whatsapp, property of Meta Platforms, Inc.

Information about our customers is important to our business, and we are not in the business of selling it to others. We do not sell your Personal Information; however, we may disclose your Personal Information and certain other information in connection with operating our business. Specifically:

Service Providers. We utilize other companies, including our corporate affiliates, service providers, and other processors to provide certain services to us (or on our behalf), based on our instructions, and in compliance with appropriate confidentiality and security measures. These service providers provide services globally, including:
- providing fraud monitoring or detection services;
- hosting or maintaining the Site;
- performing data integrity checks;
- providing optimization services;
- processing credit card payments;
- collecting payments;
- fulfilling your order;
- delivering advertisements on the site and third-party websites;
- sending mail or e-mail;
- providing employment and human resources related services; and/or
- providing customer service.

We will not share your Personal Information with our service providers unless it is required for the purposes of our legitimate interests or for fulfilling our obligations to you. These service providers may be contractually required to use any information we share with them only to perform services to us or on our behalf and to protect the confidentiality of your Personal Information. We may also allow these companies to use Anonymous Information for their business purposes. We will not share your Personal Information with our affiliates or unrelated third parties to use for their own marketing purposes without your consent.

Suppliers. We will provide certain Personal Information, Anonymous Information or de-identified data to our suppliers to fulfill our obligations to you and to otherwise assist our use as described in the “Use of Information” section, including:
- for reporting purposes;
- fulfilling your order;
- to allow our supplier or its service provider to register your purchase;
- to enable your access to products or services provided by our supplier or its suppliers;
- to facilitate warranty, technical support, or after-sales service;
- providing customer service;
- to allow our supplier or its service provider to provide services in connection with the site (such as customer support or single sign-on functionality);
- to allow our supplier or its service provider to send communications if you have consented to receive them; or
- for other similar purposes which are necessary for us to fulfill our obligations to you.

Business Transactions. In the event we enter into a merger, are acquired, enter into bankruptcy, or sell a major part of our assets, your information may be among the assets transferred. To the extent we are able, we will notify (i) the new owner of the restrictions placed on your information, and (ii) you of the sale.

Legal Requirements. If necessary, we may disclose specific information without your consent and without notice to you as required to comply with laws and regulations, or to comply with court orders, subpoenas, or lawful discovery requests. Information collected from you may also be used to investigate security breaches or otherwise cooperate with legal authorities.

To Protect Us and Others. We may disclose information about you without your consent and without notice to you as required to enforce or apply the Terms and Conditions, or other agreements, including for billing and collection purposes. We may disclose your Personal Information if we believe it is necessary to protect BIMBA Y LOLA, its employees, and/or other third parties, including, for example, to assist in fraud protection or investigation.

Aggregated or De-Identified Data. We may use or share information that has been aggregated or de-identified so that it cannot reasonably be used to identify an individual. We may use or share this information in several ways, including for fraud prevention services or for analytical purposes.

We never use or share the personally identifiable information provided to us online in ways unrelated to those described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.

By providing personal and business information, accepting any cookies provided by BIMBA Y LOLA, and/or purchasing a product from the Site, you consent to our collection and use of information in accordance with this Privacy Policy. If you do not agree to the provisions of this Privacy Policy, you can refuse to register, refuse to accept cookies, refuse to purchase, or refuse to volunteer optional information.

We have implemented reasonable physical, technical, and organizational safeguards to help protect your Personal Information from unauthorized access, acquisition, or disclosure, alteration, or destruction. Although we strive to keep your Personal Information secure, no safeguards can be guaranteed to be completely secure, so you should exercise caution when transferring personal and other sensitive information over the Internet. Please advise us immediately at the contact information listed below of any incident involving the loss of or unauthorized access to or disclosure of Personal Information that is in our custody or control.

Where we are required to collect Personal Information under the law or in order to perform our contract with you and you fail to provide us with that data when requested, we may not be able to perform our contract with you. Consequently, we may not be able to provide you with the products and/or services you requested. For example, if you fail to provide your address information or if you fail to check the box agreeing to our Terms and Conditions and Privacy Policy, we may not be able to complete your order.

We do not sell your Personal Information for a monetary fee; however, some U.S. privacy laws define “sale” and “share” very broadly such that it may include our sharing of your Personal Information with certain third parties if we receive anything of value in return. In that regard, we share your Personal Information with certain third-party marketing partners and in exchange we receive the ability to market or offer our products and services through their websites and applications. This may be considered a “sale” under some laws.

The Personal Information that is shared or sold in this context is: your name; email address; other contact information; records of products purchased; product registration and customer service records.

These third-party marketing partners include Selligent, SaleCycle or Meta.

You may opt out of the sale of your Personal Information by clicking in here.

The Site may contain links to other websites. Please note that when you click on one of these links, you will leave the Site and will be subject to the policies and privacy practices of the other site, which may be very different from our practices. You should review the policies of other sites you visit. We are not responsible for the content, technology, security, or practices of linked sites operated by others, or for your use of linked sites.

Our services and the Site are not aimed at or intended for children. We do not knowingly collect information from children under the age of thirteen. If we obtain actual knowledge that we have inadvertently collected personal information relating to a child under the age of thirteen, we will delete that information from our records. If you believe we might have any information from or about a child under the age of thirteen, please contact us at lopd@bimbaylola.com.

Data related to the Site is hosted, processed, and handled in the United States and European Union. We recognize that the Site may be accessed from anywhere in the world, and that the laws of the jurisdictions in which some users are located may differ substantially from those of the United States, the State of Delaware, where we are headquartered, and Spain, where our parent company is headquartered. We comply with applicable laws of the United States, Delaware, and Spain.

Because we cannot practicably prevent users in different jurisdictions from accessing the Site, you are responsible for knowing and complying with the laws of your jurisdiction. If such laws conflict with your use of the Site or any of its content or functionality, the Site is not intended for you, and we ask you not to use it or submit any information through it.

“Do Not Track“ is a privacy setting that you may set in your web browser. If turned on, this setting requests that websites not track information about users. At this time, we do not respond to “Do Not Track“ browser settings or signals.

BIMBA Y LOLA may update this Privacy Policy and the Site to reflect material changes in how we collect, use, share, or store your information, to satisfy legal requirements, or for other business purposes. You should review this Privacy Policy when you visit the Site to understand our current practices. The date at the top of the page shows when this Privacy Policy was last updated.

We encourage you to refer to this Privacy Policy on an ongoing basis so you understand our current practices.

Should you have other questions or concerns about these privacy policies, please email us at lopd@bimbaylola.com.

The California Consumer Privacy Act (CCPA), California’s “Shine the Light” law, and the California Online Privacy Protection Act provide consumers who are California residents with specific rights regarding their Personal Information. If you are a California resident, this section provides you with additional information, describes your rights and explains how to exercise those rights.

a. CATEGORIES OF INFORMATION COLLECTED AND DISCLOSED; RETENTION

In the 12 months preceding the Last Updated date of this Privacy Policy, we have collected or received, disclosed for a business purpose, or shared the following categories of Personal Information about California residents.

b. RIGHT TO INFORMATION

Subject to certain limits, you may ask us to provide the following information for the 12-month period preceding your request:

(1) The categories of Personal Information we collected about you.
(2) The categories of sources from which the Personal Information was collected.
(3) The business or commercial purpose for collecting the Personal Information.
(4) The categories of third parties with whom we shared the Personal Information.
(5) If we disclosed Personal Information for a business purpose, a list of the disclosures including the Personal Information categories that each category of recipient received.
(6) The specific pieces of Personal Information we collected about you.

c. RIGHT TO DELETE

You also have the right to ask us to delete any Personal Information that we have collected about you, subject to certain limitations as set forth under CCPA. We may deny your deletion request if the information is necessary for us or our service providers to, among other things, provide a good or service you requested, take actions reasonably anticipated in the context of our business relationship with you, perform a contract we have with you, detect and protect against security incidents or illegal activity, comply with a legal obligation, or exercise a right provided for by law.

d. RIGHT TO OPT OUT OF SALE OR SHARING

As noted above, we do not sell your Personal Information for a monetary fee; however, the CCPA defines a “sale” and “share” very broadly. In that regard, we share your Personal Information with certain third-party marketing partners and in exchange we receive the ability to market or offer our products and services through their websites and applications. This may be considered a “sale” under the CCPA. You may opt out of the sale of your Personal Information by clicking here or by submitting a request as described in the “Submission of Requests” section below.

e. RIGHT TO CORRECTION

If you believe your Personal Information is incorrect, you may request that we correct such Personal Information.

f. RIGHT TO NONDISCRIMINATION

We will not discriminate against you if you exercise your privacy rights under California law, including by:

- Denying you goods or services.
- Charging you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Providing you a different level or quality of goods or services.
- Suggesting that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
- Retaliating against an employee, applicant for employment, or independent contractor for exercising their rights under California law.

However, the CCPA permits us to offer you certain financial incentives that can result in different prices, rates, or quality levels, which are related to your Personal Information’s value. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. We do not offer financial incentives at this time.

g. SUBMISSION OF REQUESTS FOR INFORMATION OR TO DELETE

If you are a California resident, you may submit a request for information or a request to delete in any of the following ways:

- Call us at +1 786-882-0867
- Filling out a form located on our Site here
- Emailing us at lopd@bimbaylola.com

What We May Need from You. We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Information (or to exercise any of your other rights). This is a security measure to ensure that Personal Information 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.

Verifying Your Identity. To protect your privacy and security, we will take reasonable steps to verify your identity before providing your Personal Information and before deleting your information. Only you or someone legally authorized to act on your behalf may make a verifiable request related to your Personal Information. For example, if you make a request, we will ask you to confirm your name, email address, and/or other information we in our records to verify your identity, so that we can help protect your information.

Requests from Authorized Agents. If you live in California, you may designate an authorized agent to make a request for you. If you designate an authorized agent to make a request on your behalf, we may require you to verify your identity and provide the authorized agent’s identity and contact information to us.

h. RESPONSE TO REQUESTS

We do not charge a fee to respond to your request unless it is repetitive (more than twice in a 12-month period) or excessive. We will confirm receipt of your request within 10 business days of receipt and generally will respond to your request, correct inaccurate Personal Information, or delete your Personal Information within 45 days of receipt. If we need more time to respond, we will inform you of the reason and we may take up to an additional 45 days to respond.

i. NO FEE USUALLY REQUIRED

You will not have to pay a fee to access your Personal Information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.