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Privacy Policy/Your Privacy Rights

This Privacy Policy applies to information that Tienes Malababa? S.L. and their parents, subsidiaries and affiliate entities worldwide (individually and collectively referred to herein as the “Malababa”, "we," "us" or “our”) collects about you: (i) in one of our stores or otherwise offline in Spain, (ii) through purchases you make from our catalog, or (iii) on or through malababa.com (or any subdomain thereof), or one of our other websites, applications or other services from which you are accessing this Privacy Policy (each referred to herein as a “Site,” and collectively, the “Sites”). This Privacy Policy describes how we collect such information, how we use it and to whom and under what circumstances we may disclose it. The personal information we collect is stored and/or controlled by Tienes Malababa? SL, C/ Santa Teresa 5, 28004 Madrid (España).

Malababa will not share your personal information with third parties for marketing purposes.

TABLE OF CONTENTS

1. HOW WE COLLECT INFORMATION

1.1 Information You Provide to Us

We (or our service providers) collect information from you when you: (1) purchase products from us, whether on a Site, through a catalog or in one of our stores; (2) create an account with us, or otherwise sign up for a service or feature; (3) complete a survey; (4) participate in a sweepstakes, contest or other promotion; (5) communicate with us via third-party social media sites; or (6) contact us, or otherwise communicate with us or provide information to us. The “personal information” we collect from and about you may include, for example, your name, postal address, zip or postal code, email address, telephone number, date of birth, payment information, demographic information, details on items purchased, and other information you choose to provide to us.

In some cases, you may provide information to us about another person, such as when you purchase a gift card for someone and request that we deliver it to that person or when you share Site content through a Site or otherwise, or when you decide to ship products you purchase to someone else. In such cases, you represent that you have the authorization of such person to provide us with such information.

When you are a creating an account for the first time on malababa.com with an email address that you have previously provided to us in another circumstance (e.g., in one of our stores, when signing up for our emails, by entering one of our sweepstakes or other promotions), we may recognize that email address and, once you have completed the account set-up process, you may be able to see your contact information already included in your new online account. This is happening because we have recognized your email address and, for your convenience, have added your information to your account. You can always change this information by signing into your account.

1.2 Site Usage Information & Other Information Collected Automatically

As part of the standard operation of the Sites, certain information is collected automatically or passively from or about you in connection with your visit to the Site or your device accessing the Site. Our servers may automatically gather some of the “Site usage information” (such as your IP address, and information about your browsers, your device, your location (subject to your consent), your shopping, browsing and other usage activities), or we (or our service providers) may (provided you have given your consent) use cookies and other tracking technologies to collect and track such information (see our Cookies and Other Tracking Technologies section below for more details).

1.3 Browser Do-Not-Track Signals

Some web browsers and devices permit you to broadcast a preference that you not be “tracked” online. Please note, however, that you can opt in and out of our (and our service providers’) use of your information for behavioral targeting of our advertisements by following the directions in the Advertising on the Site and other Websites section below.

1.4 Cookies and Similar Technologies

Like many companies, we (and our service providers) use cookies and other similar technologies (such as pixels, beacons, tags, and Adobe Flash technology) to collect, store and track information about your Site usage. This information helps us to provide, operate, improve and personalize our Sites. For more information about how we use cookies and other similar technologies please see our Cookies Policy.

Cookies. A “cookie” is a small data file that is sent to your web browser and placed on your computer or device when you access a website. The cookies are then able to track your activities on the Sites and across websites. Cookies also allow us (and our service providers) to: track your activities on the Sites; track clicks, purchases and conversion; recognize your computer or device so that you are able to save your preferences and stay logged in to the Site without having to re-enter your Account credentials; deliver customized content, messages and advertising to you; preserve the contents of your shopping cart; optimize and measure the effectiveness of our advertising and emails; provide and enhance Site security and fraud detection; otherwise enhance, monitor and analyze Site usage; conduct research to improve our content, merchandise and services; and personalize your experience on the Sites.

Most web browsers enable you to decline or block cookies (check the “Help” or “Settings” menus of your browser to learn more). While you are free to decline cookies, doing so may prevent you from taking full advantage of all features of our Site(s). Refusing cookies may also negatively impact the display or functionality of certain areas of a Site. By continuing to use this Site, you consent to our use of cookies as described in this Privacy Policy, as well as our Cookie Policy (which is incorporated herein).

Web Beacons and Tags. We also use web beacons (also known as “clear GIFs” or “pixel tags”), which are typically one-pixel images that are embedded on a page of a Site or in our communications, such as an email message. These technologies help us to verify when a certain page of a Site is viewed, when a message is opened and when links or other content in a message are clicked or viewed. We use the information collected through web beacons, tags and other similar technologies for similar purposes as the information collected through cookies, as described above.

Flash Cookies/Local Shared Objects. We may use Flash cookies and other similar technologies (referred to herein as Local Shared Objects or "LSOs"), which allow a website to store certain information locally on an individual's computer or device and then access and use that information to enhance and facilitate certain Site experiences, processes and functionality. Flash cookies and other LSOs are different from typical browser cookies (as described above), and therefore the cookie management tools provided by your web browser may not enable you to remove Flash cookies or other LSOs. To learn more about managing these technologies, visit http://www.allaboutcookies.org/manage-cookies/.

We may use third party web analytics services, such as Google Analytics, to help us track and analyze the use of our Site and to measure the effectiveness of our advertising, Site content and communications. These service providers’ tools, including, for example, cookies, tags and web beacons, help us to gain this understanding. To opt out of this use by Adobe, please click here, and to opt out of this use by Google Analytics, click here.

2. ADVERTISING ON THE SITE AND OTHER WEBSITES

We also work with service providers and partner with advertising companies that use cookies, web beacons and other tools to collect information about your visits to and behavior on the Site and other websites, and then use that information to deliver targeted advertisements to you across the Internet. Please see our Cookies Policy for more detail on how you can change your preferences in this regard.

We maintain relationships with several social networks and technology companies, currently Facebook, Google and Pinterest, depending on the region. These companies have specific Interest-Based Ads programs that match people that have shown interest in Malababa through our websites, stores or other services with their profiles on their platforms and properties. If we participate in these programs, we convert your personal information (via hashing, encryption or other similar mechanisms) into a unique, non-personally identifiable value that cannot be re-identified and which can then be matched by the partner company with a user on their platform. This matching allows us to deliver more relevant, interest-based ads to users of those other companies’ platforms. You can manage your preferences for these advertising programs by clicking on the following relevant links: for Facebook click here, for Google click here and for Pinterest click here.

3. HOW WE USE INFORMATION

We may use the information we collect from and about you for a variety of purposes, including the following:

  • to improve your experience on the site
  • to fulfill your requests for products and services and to keep you informed about your orders;
  • to better understand you (including through profiling activities) in order to provide you with relevant, more tailored offers and messaging on and in connection with the Sites and our products, as permitted by relevant law;
  • subject to your consent, to contact you (via postal mail, email, and any other method you have elected) with promotional materials about us, our products, our services and our events, as well as about select partners;
  • to contact you when necessary or appropriate;
  • where appropriate, for market research and to review and improve our merchandise selections, customer service, online and offline operations and overall shopping experience;
  • to protect the security or integrity of the Sites and our business; and otherwise, with your permission or as permitted by law.

If you provide us with information about another person (as described above in the Information You Provide to Ussection), where permitted by applicable law, we use that information to fulfill your requests and treat such information in accordance with this Privacy Policy. Please do not provide us with information about other persons if you do not have the consent of such persons for use of their data in this manner.

We (and our service providers) also analyze and use information collected by our Sites automatically, and through cookies, web beacons and other technologies, alone and in combination with personal information, to assess the activities of our users, to measure the interest in and use of the Sites and communications, and to customize the Sites and our communications with you. We do this on both on an individual basis and in the aggregate. Please see our Cookie Policy for more detail.
With your consent to this Policy, we may combine the information we collect online from or about you with the information we collect offline from or about you. We may also combine your (and others’) information that we’ve collected from you (or others) with information we may lawfully obtain from other sources, such as third-party social media platforms (e.g., when you choose to log in to our Site through a third-party social media platform, subject to your actions and settings thereon), information update services or co-promotion partners. All such data is used in accordance with this Policy.

4. WHO DO WE SHARE INFORMATION WITH

We may disclose information we collect in the following ways, to the extent permitted by law:

  • to our service providers and suppliers, who process such information for us or on our behalf (such as website or database hosting companies, address list hosting companies, email service providers, analytics companies, distribution companies, fulfillment companies, and other similar entities that help us to operate the Sites and/or provide functionality, content and services). Specifically, as an example, if during checkout you have provided your mobile phone number to receive notifications (via phone or text/SMS) about the delivery of your package(s), we will share your contact information with the applicable courier(s) who will use your information for that limited purpose and only on our behalf. If you would like to know more information about the third-party companies currently charged with such data processing, please contact us with your request at web@malababa.com.
  • as required by law, or to provide information as required by local law enforcement agencies, other local government authorities, or otherwise as required by law;
  • on a case by case basis, in the event that Malababa or substantially all of its assets are acquired by one or more third parties as a result of an acquisition, merger, sale, consolidation, bankruptcy, liquidation or other similar corporate reorganization, where your information may be one of the transferred assets;
  • to third-party marketers, as permitted by law, unless you direct us not to (please see the Your Choices/Your Privacy Rights section below);
  • when you contribute to a social, community or other publicly available area or feature of the Site, the information and content that you post may be made available to the general public, depending on your settings (which is why we recommend that you do not submit or post any sensitive personal information, such as your full name, home address, phone number or other information that would enable others to contact or locate you); and otherwise, with your permission or as permitted by law.

Content and information that you submit on or through Facebook, Twitter, Instagram, Tumblr and other third-party platforms may appear on the Sites through feeds or interfaces with those platforms. We are not responsible for the information, content and/or privacy practices of any such third-party platforms.

5. YOUR CHOICES/YOUR PRIVACY RIGHTS

If you would like to opt out of receiving direct mail from us, please contact us at web@malababa.com. Please understand that if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your Account, relationship, activities, transactions and communications with us.

If you would like to opt out of receiving promotional emails from us, please follow the unsubscribe instructions located in each such email or contact us at web@malababa.com. Please understand that if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your Account, relationship, activities, transactions and communications with us.

If you have consented, but later prefer that we not share your personal information with third-party marketers, please contact us at web@malababa.com. Please include your name and your email and postal addresses. (Note that we never share your payment information with other marketers.) Please understand that if you do request that we stop sharing your personal information with third parties for their direct marketing purposes, it is also prudent for you to opt out from or contact that third party directly.

6. ACCESS TO YOUR PERSONAL INFORMATION

You may access any personal information you provide to us, correct or modify any such personal information, or direct us to delete or make no further use of your personal information. You can make access or certain adjustments to your account directly through your online Account, or you can contact us with your request at web@malababa.com. In your request, please include your name, email and postal address, as well as your specific request and any information we may need in order to provide or otherwise process your request.

7. SECURITY

We have implemented technical and organizational security measures in an effort to safeguard the personal information in our custody and control. Such measures include, for example, limiting access to personal information only to employees and authorized service providers who need to know such information for the purposes described in this Privacy Policy, as well as other administrative, technical and physical safeguards. Additionally, our service providers are not authorized to use or disclose your personal information for any purpose other than providing the services to us or on our behalf, or as otherwise may be required by applicable law. While we endeavor to always protect our systems, Sites and information against unauthorized access, use, modification and disclosure, due to the inherent nature of the Internet as an open global communications vehicle and other risk factors, we cannot guarantee that any information, during transmission or while stored on our systems, will be absolutely safe from intrusion by others, such as hackers.

To provide you with increased security, access to certain personal information stored in your Account is protected with your username and password. You are responsible for maintaining the confidentiality of your Account credentials, and we strongly recommend that you do not disclose your Account username or password to anyone. We will never ask you for your password in any unsolicited communication. Please notify us immediately of any unauthorized use of your Account credentials or any other suspected breach of security.

8. CHILDREN'S PRIVACY

The Site is not directed to children under the age of thirteen (13). If you are under thirteen, do not provide your personal information on or to the Site. We do not knowingly collect any personal information from children under thirteen on the Site. Users who are below the age of eighteen (18) (or the age of majority in the applicable jurisdiction) should not use the Sites without authorization from a parent or legal guardian.

9. THIRD-PARTY WEBSITES

The Sites may contain links (which may take the form of hyperlinks, widgets, clickable logos, plug-ins, images or banners) to websites and services operated by entities other than us. This Privacy Policy does not apply to such other websites or services, so we recommend that you review their posted privacy policies so that you understand the relevant information collection, use and disclosure practices.

10. PHISHING, SPOOFING & OTHER SCHEMES

It has become increasingly common for hackers, cyber-criminals and other unauthorized individuals to send emails and other communications to consumers purporting to represent a legitimate company, such as a bank or an online retailer, and requesting through those communications that the consumer provide personal, often sensitive, information. Sometimes, the domain name of the sender’s email address, or the domain name of the website requesting such information, may appear to be the domain name of a legitimate, trusted company. If you receive a request to provide sensitive information (including your Account password, or any payment information) via email or to a website or individual that does not seem to be affiliated with the Sites or Malababa, or that otherwise seems suspicious to you, please do not respond or disclose your information. Malabab will never send you an email requesting that you verify any credit card information, financial information or other sensitive personal information. Please immediately report any such communication or request to us at web@malababa.com.

Additionally, Malababa works with customs authorities, law enforcement and legal representatives globally in an effort to prevent the sale of counterfeit Malababa products, both online and offline. To avoid the risk of purchasing counterfeit products, it is best to buy directly from only official Malababa e-commerce websites, an official Malababa retail store, or an authorized department store, specialty retailer or e-tailer that you know to be reputable. To report counterfeits, please email malababa@malababa.com.

11. CHANGES TO THIS PRIVACY POLICY

We may change this Privacy Policy from time to time and the amended policy will be posted to the Sites. Under certain circumstances (for example, in connection with certain material adverse changes to this Privacy Policy), we may also elect to notify you through additional means, such as posting a notice on the home page of the Sites or contacting you via email.

12. CONTACT US

If you have any questions or concerns about the identity of the data controller(s) of your information and/or any questions about this Privacy Policy and/or about the privacy policies and practices of our service providers, please contact us at web@malababa.com, or at: C/ Santa Teresa 5, 28004 Madrid Attn: Director Digital.