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Privacy policy
Last updated: May 19, 2025
This Privacy Policy describes how BANBROKEN (hereinafter referred to as the "Site", "we", "us", or "our") collects, uses, and discloses your personal information when you visit or use our services, make a purchase at banbroken.com (hereinafter referred to as the "Site"), or otherwise communicate with us regarding the Site (collectively, the "Services"). For the purposes of this Privacy Policy, the terms "you" and "your" refer to you as a user of the Services, whether as a customer, website visitor, or any other individual whose information we have collected pursuant to this Privacy Policy.
Please read this Privacy Policy carefully.
Legal Information of the Controller
Company name: BANBROKEN SPAIN, S.L.
CIF: B93551323
Address: Calle Perete, 21 – 29006 Málaga, Spain
Contact email: info@banbroken.com
This policy applies in accordance with the General Data Protection Regulation (EU Regulation 2016/679), Organic Law 3/2018 (LOPDGDD), Law 34/2002 on Information Society Services (LSSI-CE), and Legislative Decree 1/2012 of March 20 of the Regional Government of Andalusia, regarding Internal Trade.
Changes to this Privacy Policy
This Privacy Policy may be updated from time to time to reflect changes in our practices or for any other operational, legal or regulatory reasons. We will post the revised Privacy Policy on the Site, update the "Last Updated" date, and take any other action that may be required by applicable law.
Collection and use of your personal information
In order to provide the Services, we collect personal information about you from a variety of sources, as set forth below. The information we collect and use varies depending on how you interact with us.
In addition to the specific uses set forth below, we may use the information we collect to communicate with you, provide or improve the Services, comply with any applicable legal obligations, enforce applicable terms of service, and protect or defend the Services, our rights, the rights of our users, and the rights of others.
Personal Information We Collect
The types of personal information we collect about you depend on how you interact with our Site and how you use our Services. The term "personal information" is used to refer to information that identifies or describes you individually, as well as information that can be related or associated with you. The following sections describe the specific categories and types of personal information we collect.
Information we collect directly from you
Information you submit directly to us through our Services may include:
- Contact details: includes your name, address, phone number, and email address.
- Order information: includes your name, billing address, shipping address, payment confirmation, email address, and phone number.
- Account Information: includes your username, password, security questions, and other information used for account security purposes.
- Customer Service Information: includes information you choose to include in communications with us, such as when you send a message through the Services.
Some features of the Services may require you to provide certain information about yourself directly to us. You may choose not to provide this information; however, doing so may prevent you from using or accessing these features.
Information we collect about your use
We may also automatically collect certain information about your interaction with the Services (hereinafter "Usage data"). To do this, we may use cookies, pixels and similar technologies (hereinafter "Cookies"). Usage Data may include information about how you access and use our Site and your account, including device information, browser information, information about your network connection, your IP address and other information about your interaction with the Services.
Information we obtain from third parties
Finally, we may obtain information about you from third parties, including vendors and service providers who may collect information on our behalf, such as:
- Companies that support our Site and Services, such as Shopify.
- Our payment processors, who collect payment information (e.g. bank account, credit or debit card information, billing address) to process your payment in order to fulfill your orders and provide the products or services you have requested, and thus be able to perform our contract with you.
- When you visit our Site, open or click on emails we send, or interact with our Services or advertisements, we, or third parties we work with, may automatically collect certain information using online tracking technologies, such as pixels, web beacons, software developer kits, third-party libraries, and cookies.
Any information we obtain from third parties will be treated in accordance with this Privacy Policy. See also the following section, Third-party websites and links.
Use of your personal information
- Provision of services and products. We use your personal information to provide the Services to you and fulfill our contract with you, including processing your payments, fulfilling your orders, sending you notifications related to your account, and your purchases, returns, exchanges, or other transactions; to create, maintain, and administer your account; to arrange for shipping; to facilitate returns or exchanges; and to implement other features and functionality related to your account. We may also enhance your shopping experience by allowing Shopify to link your account to other Shopify services you choose to use. In this case, Shopify will process your information as set out in its Privacy Policy and Consumer Privacy Policy.
- Marketing and advertising. We may use your personal information for promotional and marketing purposes, such as sending you promotional, advertising, and marketing communications by email, text message, or postal mail, as well as showing you advertisements for products or services. This may include using your personal information to better tailor the Services and advertising both on our Site and on other websites. If you are an EEA resident, the legal basis for these data processing activities is our legitimate interest in selling our products, pursuant to Art. 6 (1) (f) of the GDPR.
- Security and fraud prevention. We use your personal information to detect, investigate, or take action regarding potentially fraudulent, illegal, or malicious activity. If you choose to use the Services and register for an account, you are responsible for keeping your account credentials secure. We strongly recommend that you do not share your username, password, or other details with anyone. If you believe your account has been compromised, please contact us immediately. If you are an EEA resident, the legal basis for these data processing activities is our legitimate interest in maintaining the security of our website for you and other customers, in accordance with Art. 6 (1) (f) of the GDPR.
- Communications and service improvement. We use your personal information to provide you with customer service and improve our Services. This is in our legitimate interest to be able to respond to you, as well as to provide effective services and maintain our business relationship with you in accordance with Art. 6 (1) (f) GDPR.
Cookies
Like many other websites, our Site also uses cookies. For specific information about the cookies we use in connection with running our store with Shopify, please see https://www.shopify.com/legal/cookiesWe use Cookies to operate and improve our Site and Services (including remembering your actions and preferences), as well as to compile reports and statistics to better understand user interaction with the Services (in our legitimate interest to administer, improve, and optimize the Services). We may also allow third parties and service providers to use Cookies on our Site to better customize services, products, and advertising on our Site and other websites.
Most browsers automatically accept Cookies by default, but you can choose to set your browser to delete or reject Cookies through your browser controls. Please note that deleting or blocking Cookies may negatively impact your user experience and may cause some of the Services, including certain general features and functionality, to function incorrectly or become unavailable. In addition, blocking Cookies may not completely prevent our sharing of information with third parties, such as our advertising partners.
Disclosure of your personal information
In certain circumstances, we may disclose your personal information to third parties for contract performance, legitimate purposes, or other reasons under this Privacy Policy. Such circumstances may include the following:
- With vendors or other third parties who provide services on our behalf (for example, IT management, payment processing, data reporting and analytics, customer service, cloud storage, fulfillment and shipping).
- With marketing and business partners to display advertising and provide services to you. Our marketing and business partners will use your information in accordance with their own privacy notices.
- When you direct, request or otherwise consent to our disclosure of certain information to third parties, such as to send you products or through the use of social media widgets or login integrations with your consent.
- With our affiliates or otherwise within our corporate group, in our legitimate interest of running a successful business.
- In connection with business transactions, such as mergers or bankruptcies, to comply with applicable legal obligations (including responding to subpoenas, search warrants, and similar requests), enforce applicable terms of service, and protect or defend the Services, as well as our rights, the rights of our users, and others.
We disclose the following categories of personal information and sensitive personal information about users for the purposes described above in "Collection and use of your personal information" and "Disclosure of your personal information":
| Category | Categories of recipients |
|---|---|
|
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We do not use or disclose sensitive personal information without your consent or for the purpose of deducing characteristics about you.
With your consent, we share personal information for the purpose of engaging in advertising and marketing activities as described below.
Third party websites and links
Our Site may provide links to websites or other online platforms operated by third parties. If you follow links to sites that are not affiliated with or under our control, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of any information found there. Information you provide on public or semi-public sites, including information you share on third-party social media platforms, may also be visible to other users of the Services and/or users of such third-party platforms, without limitation as to their use by us or any third party. Our inclusion of such links does not, in and of itself, imply any endorsement of the content of such platforms or their owners or operators, except as disclosed on the Services.
Children's data
The Services are not intended for use by children, and we do not knowingly collect any personal information about children. If you are a parent or guardian of a child who has provided us with his or her personal information, you may contact us using the contact details below to request deletion.
As of the effective date of this Privacy Policy, we have no actual knowledge that we “share” or “sell” (as these terms are defined under applicable law) personal information of children under the age of 16.
Security and retention of your information
Please note that no security measures are perfect or impenetrable, so we cannot guarantee "perfect security." In addition, information you send to us may not be secure while in transit. Therefore, we recommend that you do not use insecure channels to communicate sensitive or confidential information.
The retention period for your personal information depends on factors such as the contractual relationship or compliance with legal obligations. In compliance with Article 47.a) of Legislative Decree 1/2012 of the Andalusian Regional Government, information relating to commercial transactions may be retained for the period required by the regional trade or inspection authorities.
Your rights
Depending on where you live, you may have some or all of the rights listed below with respect to your personal information. However, these rights are not absolute, so they may apply only in certain circumstances, which would allow us to deny your request in certain cases and as permitted by law.
- Right of access/knowledge: You may have the right to request access to the personal information we hold about you, including details about how we use and share your information.
- Right to deletion: You may have the right to request the deletion of personal information we hold about you.
- Right to correction: You may have the right to request correction of inaccurate personal information we hold about you.
- Right to portability: You may have the right to receive a copy of the personal information we hold about you and to request its transfer to a third party, in certain circumstances and with certain exceptions.
- Right to opt out of the sale, sharing, or sending of targeted advertising: You may have the right to request that we not "sell" or "share" your personal information or to opt out of processing your personal information for the purposes of serving you "targeted advertising," as defined by applicable privacy laws. Please note that if you visit our Site with the Global Privacy Control opt-out preference signal enabled, depending on where you are located, this will be treated as an opt-out request for the "sale" or "sharing" of information for the device and browser you use to visit the Site.
- Restriction of processing: You may have the right to request that we stop or restrict the processing of your personal information.
- Revocation of consent: Where we rely on your consent to process your personal information, you may have the right to withdraw that consent.
- AppealYou may have the right to appeal our decision if we refuse to process your request. To do so, you can respond directly to our denial.
- Managing communication preferencesWe may send you promotional emails, and you can opt out at any time by using the unsubscribe option in the emails we send. If you opt out, we may still send you non-promotional emails, such as those related to your account or orders you've placed.
You may exercise any of these rights where indicated on our Site or by contacting us using the contact details provided below.
Please be aware that your exercise of any of these rights will not result in any form of discrimination on our part. We may need to collect information from you to verify your identity, such as your email address or account information, before providing a substantive response to the request. Subject to applicable law, you may designate an authorized agent to make requests on your behalf to exercise your rights. Before accepting requests from an agent, we will require you to provide proof that you have authorized such agent to act on your behalf. We may also require you to verify your identity directly with us. We will respond to your request in a timely manner as required by applicable law.
In addition to the rights already mentioned, you have the right to lodge a complaint with a supervisory authority if you believe that the processing of your personal data violates the law:
Spanish Data Protection Agency (AEPD)
C/ Jorge Juan, 6 – 28001 Madrid
Telephone: 901 100 099
Website: https://www.aepd.es
Claims
If you have a complaint about how we process your personal information, please contact us using the contact details provided below. If you are not satisfied with the response we have provided to your complaint, depending on where you live, you may have the right to appeal our decision by contacting us using the contact details below, or you may lodge your complaint with your local data protection supervisory authority. For the EEA, you will find a list of the authorities responsible for data protection supervision. here.
In compliance with Article 84 of Legislative Decree 1/2012 on Domestic Trade in Andalusia, users are hereby informed that, in the event of complaints related to e-commerce or the provision of services from the Autonomous Community of Andalusia, they may also contact the Trade Inspection Services of the Andalusian Regional Government through its Territorial Delegation in Malaga or the competent body.
International users
Please note that we may transfer, store and process your personal information outside of the country in which you live. Your personal information will also be processed with third party personnel and service providers and partners in such countries.
If we transfer your personal information outside of Europe, we will use recognised transfer mechanisms such as the European Commission's Standard Contractual Clauses or any equivalent contract issued by the UK competent authority, as applicable, unless the data transfer is to countries that provide an adequate level of protection.
Contact
If you have any questions about our privacy practices or this Privacy Policy, or if you would like to exercise any of your rights, you can call us, send an email to info@banbroken.com
For the purposes of applicable data protection laws, and unless explicitly stated otherwise, we are the data controller of your personal information.
