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.- ¿Quién es el responsable del tratamiento de tus datos?

BH BIKES EUROPE, S.L.

Mailing address: C/ Perretagana 10 01015 VITORIA

Email: to rgpd@bhbikes.com

Telephone no.: 945142700

3.- ¿Cómo hemos obtenido tus datos?

Obtained from the data subject: If you are a current or potential customer, or simply a user of our website, you have provided us with your data, either offline or online, when requesting our services in order to maintain our contractual relationship with you, or when contacting us to request information or, for example, if you have come to our offices or plant, you have provided us with your information when entering our facilities as a visitor. Additionally, your data may have been obtained by us through our sales network, after you provided one of our salespersons with your data. We process the following categories of data: identifying data. postal and email addresses. business information and financial data. We do not process sensitive data.

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 pages, and on YouTube to provide information about any event/activity, to document it, and include it in a photographic/video report about it and to use it in any advertising leaflets, posters, printed material and promotional signs, etc. Therefore, you transfer 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.

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.

Obtained automatically when visiting our website: if you have provided us with this data through this website, we collect information, for example, when you visit the site, when you register as a user, fill in any form with personal data or when you contact us directly by email.

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 beneficial 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.

Our website has social media connectors. When you decide to interact with us via a social media site, we cannot accept responsibility for the privacy settings chosen by the user; the social media site may provide information about your IP address or the pages that you are visiting on our Website and it may set a cookie to allow it to work properly or, for example, your name will appear under the “likes” that you give or in the comments that you leave on our social media page. If you do not want any personal data associated with those “likes” or comments to appear, adjust your privacy settings to prevent it from happening, for example by pseudonymising your data by giving yourself a nickname or alias that does not reveal your name or surname.

If you log into one of these social media sites while you are visiting our website, the social media site may add that information to your profile and that information will be transferred to the social media site. If you don’t want that data transfer to take place, log out of your social media account before visiting our websites or mobile applications, as we have no power to prevent this collection and transfer of data via social media connectors.

If the user decides to publish and/or share texts, photos, videos and any other type of information and/or content through one of our official social media pages, they shall be solely responsible for ensuring that such content complies with the relevant legal regulations. Regarding the data of third parties, we remind you that 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. On this site and on our official social media pages, the user may only publish personal data, photographs, information or other content that are owned by and belong to them, or for which they have been given third-party authorisation to do so. If you provide us with third-party data, you are responsible for obtaining their prior and express consent to use, disclose it and publish it, and it is your responsibility to inform them that we are processing their data or that you are publishing it. 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.

In any event, we may delete any content published by the user on this website and on our social media pages when we discover that the user has breached the current legislation and the terms of this privacy policy.

The social media sites are not hosted directly on our servers. Your interactions with them are governed by their policies and not ours. Read the privacy policies of those social media sites for detailed information about the collection and transfer of personal data, your rights and your privacy settings.

Disclosure of the data subject’s data by a third party: 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 one of our salespersons with your data.

In such an event, 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.

4.- Third-party data:

Regarding the data of third parties, you must respect their privacy, taking special care when publishing their personal data. We remind you that, as a user, you may only provide and consent to the processing of your personal data, not the data of third parties and, if you provide us with third-party data you are transferring personal data to us. Your are responsible for obtaining the prior, express consent of those third parties to use and provide us with that data and you are responsible for informing us when their data is added to our files.

In addition to the data protection regulations, disclosing third-party data without consent may breach the right to honour, to privacy or to reputation of those third parties, rights whose protection is governed by Act 1/1982, of 5 May, on civil protection of the right to honour, to personal privacy and to reputation.

5.- Children’s data:

It is not permitted for children under the age of 14 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. Children under the age of 14 may only register on this website with the authorisation and consent of their parents, guardians or legal representatives, who shall be solely responsible for all acts carried out through this website by the children in their care, including the completion of any forms with the personal data of those children and the ticking of any accompanying boxes. Please note that parents, guardians and legal representatives must enable the necessary mechanisms to prevent the children in their care from entering this website and/or providing personal data without their supervision, with this organisation accepting no responsibility in this regard.

If a child under the age of 14 is found to have registered without permission, their parents or guardians may be asked to send the appropriate documents to show that such permission has been given. Otherwise, the user or registered account will be removed as soon as possible.

If the parents, guardians or legal representatives of children detect any unauthorised data processing, they may submit their complaints or queries to: rgpd@bhbikes.com

6.- Purpose | Why do we process your data?

We may process data for different purposes, such as:

a) If you are a current or potential customer, 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 pages and on YouTube, to report the event/activity, document it and to be included in the photographic/video report on it.

b) If you are simply a user of our website or the sender or recipient of an email, to maintain contact and communication with you and to manage requests that you send to us online.

c) 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 contact history 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, your interactions with “My Coach” 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.

d) If you provide us with information about your CV or send us your CV, to contact you and manage any selection processes that we are conducting.

e) If you enter our facilities as a visitor, to manage visitor access control.

f) To conduct opinion and/or satisfaction surveys and to send you information about our activities, products and/or services that are similar to those requested by electronic means (including marketing and/or commercial messages, pursuant to art. 21 of Information Society Services and Electronic Commerce Act 34/2002 (LSSICE)). If we already have a prior contractual relationship, we shall send such messages on the basis of our legitimate interest. If we have no prior contractual relationship, we shall only send you those types of messages if you authorise us to do so by selecting the option expressly included in the respective forms for such purpose. The electronic communications that we send you shall include, in the message itself, the option to stop receiving them. If you choose this option, we shall no longer send you messages of this type.

7.- Retention period | How long do we keep your data?

We shall retain the data that you provide to use until you ask us to delete it. Even after you make such a request, we may retain it for the time necessary – and restricting the processing thereof – solely for the purpose of meeting the legal/contractual obligations to which we are subject and/or for the legally prescribed limitation period for any liabilities on our part and/or to file or defend ourselves against any claims arising from the relationship maintained with the data subject.

8.- Legal basis | What is the legal basis for processing your data?

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

Firstly, it may be the legal relationship that connects us if you are a current customer/supplier, or any kind of pre-contractual relationship existing between the parties if you are a potential customer/supplier (for example, if you have requested information, an estimate or a quote from us, etc.). It is compulsory to provide us with the requested data as it is necessary to enter into and/or maintain the contractual or pre-contractual relationship and fulfil the legal obligations that arise therefrom; if you do not provide us with it, we will be unable to provide the service that arises from said relationship.

Another legal basis may be your consent, if you have submitted a request to us via our website, if you are simply a user thereof, or if you have sent us your CV, or if you visit our facilities or if we capture your image. 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. You may withdraw your consent at any time by sending us an email to that effect to rgpd@bhbikes.com, but said withdrawal may mean that we are unable to respond to your request, consider your CV or allow you to enter our facilities.

Another legal basis may be compliance with the regulations on consumer protection, preventing money laundering or taxation or with the criminal code, as regards establishing a whistleblowing channel in accordance with art. 31 of that code.

Another legal basis for processing your data is our legitimate interest, as an organisation, in:

– Conducting opinion and/or satisfaction surveys.

– Informing you about our activities, products and/or services (including via electronic communications). If we already have a prior contractual relationship, we shall send such messages on the basis of our legitimate interest. Otherwise, we shall only send you those types of messages if you give us your consent to do so by selecting the option expressly included in the respective forms for such purpose. In any event, the electronic communications that we send you shall include, in the message itself, the option to no longer receive them.

9.- Recipients | Who are the potential recipients of your data?

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

1. To the transport companies responsible for the logistics of shipping and delivering our goods.

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

3. 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 disclose the data (tax authority, etc.).

4. 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.

5. 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.

6. To our subsidiaries in other countries or to the agents or dealers in our sales network, we shall pass on any queries that are sent via our website and which must be dealt with by them. If this requires an international data transfer to a country that does not belong to the European Economic Area, the data subject gives their unequivocal consent for said transfer by providing their data.

International transfers

We may use service providers who are located outside the European Union, who may have access to personal data for the purpose of providing us with services that support our activity (hosting, housing, SaaS, remote backups, computer support or maintenance services, email clients, sending of emails and email marketing, file transfers, etc.).

These company may change and vary over time, but we shall always choose companies that provide 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 disclosure 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.

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

Where appropriate, you may exercise your rights of access, rectification, erasure, to restrict and object to processing and to not be subject to decisions based solely on the automated processing of your data,

by writing to the postal/email address that appears at the start of this privacy policy; in both cases, sending a signed, written request and attaching a copy of your ID or passport or another valid document that identifies you. If your information changes, you must inform us of this at the same address; this company shall be held harmless if you fail to do so.

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

Right to rectification: 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 request that we 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 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.

When we have received any of the above requests, we shall reply to you within the legally prescribed time. You may file a complaint with 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.aepd.es.

11.- Categories of data

We process the following categories of data: identifying data. professional data. financial and economic data. data on transactions of goods and services.