PRIVACY POLICY AND COOKIES

  • 1. DATA CONTROLLER
  • 2. COLLECTION
  • 3. PURPOSES
  • 4. LAWFUL BASIS
  • 5. RECIPIENTS
  • 6. ADMINISTRATION AND MANAGEMENT
  • 7. PERSONAL DATA RETENTION PERIOD
  • 8. RIGHTS
  • 9. COOKIES
  • 10. VALIDITY
  • 11. SECRET SANTA

1. DATA CONTROLLER

Who is responsible for the processing of your personal data?

BIMBA & LOLA, S.L. processes the Personal Data collected by BIMBAYLOLA MÉXICO, S.A. DE C.V. (tax ID BME120829R28), with registered office at Avenida Insurgentes Centro 64, Oficina B-601, Colonia Juárez, Cuauhtémoc, zip code 06600, Mexico City (BIMBA & LOLA, S.L. and BIMBAYLOLA MÉXICO, S.A. DE C.V., jointly, "BIMBA Y LOLA", "us" and "our").

2. COLLECTION

What Personal Data do we collect and how do we do it?

BIMBAYLOLA MÉXICO, S.A. DE C.V. collects Personal Data as the data processor only on behalf of BIMBA & LOLA, S.L., and the latter acts as the data controller.

With regard to your access or use of the Website or the Services (as defined in the Terms that can be viewed at this link), we can collect the following personal data:
a) your name;
b) the number of your voting card, driver's license or passport (or copies thereof);
c) contact information (including telephone number, postal and shipping address and email address);
d) date of birth;
e) network and device data (including your IP address and device or advertising identifiers);
f) shopping or browsing behaviors;
g) financial information (e.g. credit or debit card numbers or bank account details);
h) the voice obtained via our customer services if calls are recorded; and
i) any other personally identifiable information you have provided us with in any form you have sent us, or in the course of any other form of interaction between you and us, including data which is true or not about you or any other individual that may be identified from: i) said data, or ii) said data and other information we have or may have access to (hereinafter, "Personal Data").

We collect your Personal Data in circumstances that include, among others, the following:
a) when you become a registered user and access and use the Website or the Services;
b) when you accept our cookies (see section 9 below) on the device you use to access the Website;
c) when interacting with any of our employees, agents or representatives, for example, our customer service representatives;
d) when interacting with us on any social networks,
e) when you contact us via our customer services telephone number; and
f) when you voluntarily send us Personal Data for any reason.

If you provide us with Personal Data from a third party, you guarantee that you have the authority to process and provide us with such Personal Data so that it is used for the purposes established in this Privacy and Cookies Policy. You are also required to inform the third party of the processing of their Personal Data in accordance with this Privacy and Cookies Policy. In this way, we understand that when you provide third-party information, you have all the relevant authorizations for its processing and, in this regard, you hold BIMBA Y LOLA harmless regarding your use of said Personal Data in accordance with the purposes for which you provide us with the information.

We usually rely on the Personal Data you provide us. Please keep us updated if changes occur to said Personal Data by informing our Data Protection Officer (as defined below) in writing or by email at the contact address provided below, so that we can ensure that the Personal Data we collect is current.

3. PURPOSES

Why do we process your personal data?

In compliance with the Federal Law on the Protection of Individual Personal Data, including its Regulation and Privacy Notice Guidelines, we inform you that at BIMBA Y LOLA we process the Personal Data you provide us for the following purposes:
a) to process your registration as a customer and manage the buying process ("Purpose 1");
b) to send commercial communications about BIMBA Y LOLA's products (emails, phone calls, SMS, PUSH notifications, post, etc.) ("Purpose 2");
c) the preparation of commercial profiles based on information from internal and external sources, with the aim of sending you personalized advertising and analyzing your purchasing behavior ("Purpose 3");
d) abuse and fraud prevention (fraudulent activities, denial-of-service attacks, among others) ("Purpose 4");
e) disclosure of data to public bodies and authorities (administrative or judicial), providing that this is required under the legal and statutory provisions ("Purpose 5"); and
f) management of our customer service telephone service, whereby conversations may be recorded in order to deal with queries and requests, as well as for quality assurance purposes ("Purpose 6").

4. LAWFUL BASIS

What is the lawful basis of the processing of your personal data?

The lawful bases for the processing of your Personal Data corresponding to each of the purposes (1) to (6) included in Section 3 above (“Purposes”) are as follows:
Purpose (1): The execution of a contract with BIMBA Y LOLA in relation to the purchase of products.
Purpose (2): Consent expressly given to BIMBA Y LOLA at the time your Personal Data is collected.
Purpose (3): Consent expressly given to BIMBA Y LOLA at the time your Personal Data is collected in relation to the preparation of profiles based on external sources and the satisfaction of a legitimate interest pursued by BIMBA Y LOLA in relation to the preparation of profiles based on internal sources.
Purposes (4) and (5): The legal discharge of responsibilities applicable to BIMBA Y LOLA.
Purpose (6): (i) The execution of a contract between the customer and BIMBA Y LOLA, when the enquiry or request is related to products acquired from BIMBA Y LOLA (order status, returns, etc.) and (ii) the legitimate interest of BIMBA Y LOLA when attending to queries or requests not related to purchases made from BIMBA Y LOLA.

5. RECIPIENTS

To which recipients will your personal data be communicated?

Your personal data may be accessed by our suppliers when it is necessary for the correct provision of services and fulfillment of the purposes for which the data was obtained. In this regard, your personal data may be accessed by:
(i) transport and logistics companies,
(ii) financial institutions, fraud detection and prevention companies,
(iii) customer support providers,
(iv) technological and analytical service providers,
(v) digital advertising and marketing providers that, in certain cases, may act as joint controllers.

In addition, your data may also be disclosed to public bodies and authorities (administrative or judicial) in those cases in which a legal regulation thus establishes it.

The aforementioned transfers will not require the data subject's consent, as their purposes are governed by the exception provided for in the Federal Law on the Protection of Individual Personal Data.

6. ADMINISTRATION AND MANAGEMENT

How will we protect and store Personal Data?

We will establish and maintain administrative, technical and physical security measures to ensure that Personal Data is adequately protected and kept secure. This includes the establishment of security measures that prevent access, destruction, loss, collection, use, disclosure, copying, modification, filtration, damage, alteration or unauthorized processing of Personal Data. BIMBA Y LOLA will not adopt any security measures that are less than those it uses to manage its own information; notwithstanding the above, the existing risk, the potential consequences for the data subjects, the sensitivity of the data and technological development must be taken into account.

When Personal Data in our possession is no longer necessary for any reason related to the Purpose for which it was originally collected, or it is no longer necessary that we keep it for any other legal or commercial purpose, we will take measures to ensure that such Personal Data is destroyed or anonymized.

Please note that no method of online transmission or electronic storage is completely secure. While security cannot be fully guaranteed, we strive to protect the security of Personal Data and constantly review and improve our data security measures.

Any security breaches that occur at any stage of processing that significantly affect your property or moral rights will be immediately reported by BIMBA Y LOLA, so that you can take the corresponding measures to safeguard your rights. In this regard, BIMBA Y LOLA agrees to inform you regarding (i) the nature of the incident; (ii) the compromised personal data; (iii) recommendations on the measures that the latter may take to protect their interests; (iv) corrective actions carried out immediately; and (v) the resources where you can obtain more information.

7. PERSONAL DATA RETENTION PERIOD

How long will we keep your data?

Your data will be kept as long as we have a contractual relationship, or until you request its cancellation, as well as for the time necessary to comply with our legal obligations.

8. RIGHTS

What are your rights when you provide us with your personal data and how can you exercise them?

You have the right to the following:
a) access your Personal Data, as well as request rectification of inaccurate data,
b) where applicable, to request its deletion when, among other reasons, the data is no longer necessary for the purposes for which it was collected.
c) withdraw any consent you have given to the collection, use or disclosure of any of your Personal Data that is in our possession or under our control.
d) in certain circumstances, you will be able to request the limitation of the processing of your data, in which case we only will keep it for the exercise or defense of claims.
e) in certain circumstances and for reasons related to your particular situation, you will be able to oppose the processing of your data. BIMBA Y LOLA will cease to process your data, except for imperative legal reasons, or for the exercise or defense of possible claims.
f) in the same way, you can exercise your right to data portability, as well as to withdraw consents given at any time, without this affecting the legality of the processing based on the consent given prior to its withdrawal.

If you wish to exercise any of your rights, you can contact us in writing at our email address lopd@bimbaylola.com or our postal address Bimba & Lola, Parque Tecnológico y Logístico de Vigo, nave D13 (36315 – Vigo – Spain) or our address Avenida Insurgentes Centro 64, Oficina B-601, Colonia Juárez, Cuauhtémoc, zip code 06600, Mexico City. In the existence of any reasonable doubts surrounding the identity of the person exercising their rights, we may request a copy of an official identifying document (voter proof, driving license or passport) in order to verify the applicant's identity.

If the information provided is incorrect or insufficient, or if the corresponding accreditation documents are not attached, BIMBA Y LOLA may require you to provide the elements or documents required to process the application within 5 (five) business days following receipt of the request. You will have 10 (ten) business days to meet the requirement, counted from the day following receipt. If no reply is provided within this period, the corresponding request will be deemed not to have been filed.

BIMBA Y LOLA will inform you of the decision taken, within a maximum period of twenty (20) business days from the date when the request was received, so that, if applicable, it can be made effective within fifteen (15) business days following the day on which the response is sent.

Finally, we inform that you can contact the National Institute of Transparency, Access to Information and Personal Data Protection and other competent public authorities regarding any claim deriving from the processing of your Personal Data.

9. COOKIES

Web browsing (cookies)

 

The website www.bimbaylola.mx (hereinafter, the “Website”), the property of BIMBA & LOLA, S.L., uses its own and third-party cookies to personalize the browsing experience and to improve our services by obtaining information about its use. The purpose of this Cookies Policy is to provide information on cookies so that you can decide on their management and us.

The Website www.bimbaylola.mx works with a specific tool that allows users to manage consent for cookies used on our website One Trust [https://www.onetrust.es/]

The personal data we obtain through these tracking technologies are as follows:
i) The IP of the device from which access is gained.

 

1. Own Cookies

 

Cookie name: 8812c36aa5ae336c2a77bf63211d899a
Domain: .mx
Default duration: 2 days
Description: General configuration of the user, it provides information on the customer's IP, device, etc. It is the main cookie through which the customer can make purchases; without it, the platform does not allow purchases to be made.

 

Cookie name: Id_lang | Id_lang_wp
Domain: .mx
Default duration: Session
Description: Detects the default language of the customer.

 

Cookie name: Id_pais | Id_pais_wp
Domain: .mx
Default duration: Session
Description: Detects the country from which customer is connecting.

 

Cookie name: Is_logged | Is_Deslogged
Domain: .mx
Default duration: 1 month
Description: Identifies if the customer is registered or not.

 

2. Third-party Cookies

 

Cookie name: ga | (i) _utma | (ii) _utmz | (iii) _utmc
Domain: .mx
Default duration: 2 days
Description: They obtain anonymous information on the times a user visits the site, calculate the beginning of the session and if it must be kept open, and register the origin of the visits and other similar statistical data.

 

3. Strictly necessary cookies

 

These cookies are necessary for the Website to work and cannot be disabled on our systems. They are usually configured to respond to actions you have taken to receive services, such as adjusting your privacy preferences, logging in to the site, or filling out forms. You can set your browser to block or alert the presence of these cookies, but some parts of the Website will not work. These cookies do not store any personally identifiable information.

 

Cookies_Consent (Cookie acceptance pop up)
Store (To find out the market from which the user connects)
Frontend, Frontend_cid (User login)
Customer_Group (Group to which the user belongs)
OneTrust (tool to manage user cookies)

 

4. Targeted cookies

 

These cookies can be placed throughout the Website by our advertising partners. These businesses can use them to create a profile of their interests and show you relevant ads on other sites. They do not store personal information directly, but rather rely on the unique identification of your web browser and internet access device. If these cookies are not allowed, you will have less targeted advertising.

 

Facebook
Google
Salescycle (recovery of user basket)

 

5. Performance Cookies

 

These cookies allow us to count the visits and sources of traffic in order to measure and improve the performance of our site. They help us to know which pages are the most or least popular, and see how many people visit the site. All the information collected by these cookies is aggregated and therefore anonymous.

 

Google Analytics
Google Tag Manager

 

6. Functionality cookies

 

These cookies allow the site to offer better functionality and customization. They can be established by us or by third parties whose services we have added to our pages. If these cookies are not allowed, some of our services will not work correctly.

 

Likewise, we inform you that if you continue to browse and stay on the Website, you will be consenting to the use of the aforementioned cookies under the terms and conditions set out in this Cookies Policy.

 

Deactivation and elimination of cookies.

The user can configure their browser to disable and, if applicable, delete them. Nonetheless, if you select this configuration, you may not be able to access certain parts of bimbaylola.mx or enjoy of some of services of BIMBA Y LOLA. Unless you have set up your web browser to reject cookies, the system will produce cookies when you connect to bimbaylola.mx.

A user can, at any time, restrict, block or delete the cookies on bimbaylola.mx. To do this, you must modify the set-up of the web browser for cookie use from the "Preferences”, “Options” or “Tools” menu (the names of the menus and the procedure to access the cookie options vary depending on the web browser you use). For more information on how to set up cookies in the main web browsers, click on the following links:

- Internet Explorer: Link.
- Mozilla Firefox: delete cookies and disable cookies.
- Google Chrome: Link.
- Opera: Link.
- Safari: Link.

 

10. CHANGES TO THE PRIVACY AND COOKIES POLICY

BIMBA Y LOLA reserves the right to modify this Privacy and Cookies Policy in the case of a regulatory change, modification, update, or a change in the configuration of the cookies themselves. We therefore recommend that you check our website periodically, where we provide information on any modification or update, to ensure that you are suitably informed on how and for what purpose we use your Personal Data.

11.OUR SECRET SANTA

Legal terms and conditions of our Secret Santa

We invite you to review the terms of use that govern the BIMBA Y LOLA Secret Santa feature ("Secret Santa"), owned by Bimba & Lola, S.L., a company with registered office at Parque Tecnológico y Logístico de Vigo, Nave D13, 36315 Vigo, province of Pontevedra and with Tax ID number B-36950970.

These terms have been designed to create a legally binding agreement between you and us, protecting your rights as a user and our rights as a company.

1. Obligations of the User:

The user is required to:

a) Provide to BIMBA Y LOLA all the information needed to correctly develop the services that require prior identification. Said information must be true and current. Otherwise, BIMBA Y LOLA will not be responsible for any possible development failures under any circumstances.
b) Always use the services offered on the website properly and in accordance with the law.
c) Not carry out any activity that hinders or interferes with the operation of the services included on the website.
d) Respect the intellectual and industrial property rights belonging to BIMBA Y LOLA.

2. Intellectual and industrial property:

All the intellectual and industrial property rights associated with the Secret Santa and its contents belong to BIMBA Y LOLA, meaning no user is authorized to make use thereof, or print them, or store them in any physical medium under any circumstances, save for their personal and private use; therefore, the modification, decompilation or commercial use of any part thereof is prohibited.

The use of the contents of the Secret Santa is only authorized for information and service purposes, provided that the source is cited or referenced. The user is solely responsible for any misuse thereof.

Accessing Secret Santa does not give users any right to or ownership of the intellectual or industrial property rights or of the content it hosts. Users accessing Secret Santa shall not copy, modify, distribute, transmit, reproduce, publish, assign or sell the aforementioned elements or create new products or services derived from the information they contain without the express authorisation of BIMBA Y LOLA given in writing. The user is strictly forbidden from altering its content or structure.

BIMBA Y LOLA reserves the right to pursue legal actions against users who violate or infringe any intellectual and/or industrial property rights.

If the user identifies any activity that may violate any intellectual or industrial property or any other kind of right, we request that they report it to us.

3. Privacy Policy

In accordance with the data protection regulations in force, we will briefly inform you below about the features of the personal data processing you provide us with:

Data Controller: Bimba & Lola, S.L.

Purpose: management of Secret Santa.

Basis: Express consent of the user.

Storage: Personal data will be stored during the development of the stated purpose, and the data will subsequently be blocked for the periods established in regulations.

Recipients: Personal data may be accessed by our suppliers when strictly necessary for the mentioned purpose. They may also be transferred to public bodies and authorities where so required by regulations.

Rights: The user will have the right to exercise their right of access, rectification, erasure, opposition, restricted processing, portability, as well as to withdraw the consent granted. If you wish to exercise any of your rights, you can contact us in writing at our email address lopd@bimbaylola.com or our postal address Bimba & Lola, Parque Tecnológico y Logístico de Vigo, nave D13 (36315 – Vigo – Spain). In the existence of any reasonable doubts surrounding the identity of the person making the request, we may request a copy of an official ID (DNI, driving license or passport) in order to verify the applicant's identity. You can also contact the Spanish Data Protection Authority and other competent public authorities regarding any claim deriving from the processing of your personal data.

Processing of third-party data: The user warrants that they have obtained the necessary permissions to provide the personal data of the guests and assumes the responsibility of having provided such data. With regard to the personal data provided, BIMBA Y LOLA warrants and undertakes that data processing will be carried out for the sole purpose of properly managing the Secret Santa.

4. Duration of the Secret Santa

BIMBA Y LOLA's Secret Santa will end on 6 January 2023. From that moment on, you will not be able to place any more orders through this function.

5. Purchasing process

Purchases made through the Secret Santa are subject to the Terms and Conditions of our website www.bimbaylola.com. Furthermore, the personal data necessary for these purchases will be processed in accordance with our Privacy Policy. The user must read and accept the Terms and Conditions and Privacy Policy before completing their purchase.