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PRIVACY POLICY

Last updated: November 2021


Pikolinos USA, Corp. (“Pikolinos”, “we”, “us,” “our”) is committed to protecting individual privacy and maintaining the trust of users to our website (collectively, “Customers”). It is important to us that we provide transparency regarding our collection, use, and disclosure of your personal information. This includes information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. We refer to this information as “personal information” throughout this policy.


To help us meet our commitment to you, we have created this Privacy Policy (“Policy”). This Policy governs data protection matters across our website (“Website”). This Privacy Policy, along with our Terms of Use, form an integral and binding part of our relationship with you.


Pikolinos' Website includes certain features, including e-commerce features, hosted by Salesforce.com, Inc. on the Salesforce platform (salesforce.com), and a single sign-on feature using social networking accounts, such as a Facebook account, or a Website account/profile. Your personal and non-personal information may be stored by Salesforce.com, Inc.and/or the relevant social networking site, and those sites' privacy policies may apply to the collection, use and disclosure of your personal and non-personal information.


This Policy describes how we use, share, and protect the information of Customers who use our Website. It also describes the rights and and correction of personal information available.


For the purposes of data protection laws of the United States (“US”) and the European Union (“EU”) (“Data Protection Laws”), Pikolinos is a data controller (i.e., the company who is responsible for, and controls the processing of, your personal information).


1. INFORMATION COLLECTED


Information You Provide Us


When you interact with our Website you may voluntarily provide us with personal information, such as your name, mailing address, phone number, email address, credit card number, and other financial or payment information, and order history and order details


You may provide this personal information to us when you contact us, create an account with us, inquire about careers with us, or request information about our Website. You may provide this personal information to us directly or through third-party identity verification services or social media.

If you provide us feedback or contact us via email, we will collect your name and email address, as well as any other content included in the email, in order to send you a reply. We also collect other types of personal information that you provide to us voluntarily, such as your operating system and version, and other requested information if you contact us via email regarding support for the Website.


We may also collect personal information. Personal information is being collected from you. Pikolinos will disclose the purposes of collecting your personal information accordingly. Pikolinos will only use your personal information for the purposes for which is has been collected from you.


Information Collected via Technology and Cookies


As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns. To make our Website more useful to you, our servers (which may be hosted by a third-party service provider) collect information from you, including your browser type, operating system, Internet Protocol (“IP”) address, which may vary from session to session), and/or a date/time stamp for your account signup/login.


We may use third-party analytics and other tracking mechanisms to track Customers. These tracking mechanisms may automatically collect information about your use of the Website. 


A cookie is a file containing an identifier that is sent by a web server to a browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies may not contain any information that personally identifies a Customer, but personal data that we store about you may be linked to the information stored in and obtained from cookies. To the extent that cookies that are not strictly necessary for the provision of Website, we will ask you to consent to such use of cookies when you first visit the Website and use the Website.


We use cookies for the following purposes:


  • Essential website cookies – Essential website or strictly necessary cookies are used to provide services available through our Website and to use some of its features, such as accessing secure areas.
  • Functionality/Session – These cookies contains information that is stored in a temporary memory location and then subsequently deleted after the session is completed or the web browser is closed. This cookie stores information that the Customer has inputted and tracks the movements of the Customer within the Website. These cookies allow our Website to remember choices you make (such as your username, language or region) and allow us to provide enhanced personalized features. The functionality/session cookie will be deleted when the expiration date is reached or when a Customer or application manually deletes it.
  • Technical cookies: These cookies make navigating the Site more fluid user-friendly, as well as providing it with greater security. For example, they allow a registered user’s session to be identified.
  • Analytical cookies: These cookies allow information to be obtained geared to statistical analysis of the use made of the site by visitors. For example, they provide information on what search terms were used by users to reach the website.
  • Targeting or Advertising – These cookies are designed to gather information from you on your device to display advertisements to you based on relevant topics that interest you.
  • Behavioral advertising cookies: These cookies allow the management of existing advertising spaces on the page so that users can be offered advertising content in accordance with their browsing habits and preferences.

Please see our Cookie Policy for additional information on how Pikolinos uses cookies and how to manage your cookie preferences.


2. HOW PIKOLINOS COLLECTS PERSONAL INFORMATION


To the extent permissible under applicable Data Protection Laws, we collect personal information about you and any other party whose details you provide to us when you:


  • Access or use our Website;
  • Place an order with us using our Website;
  • Create an account with our Website;
  • Complete online forms (including call back requests), take part in surveys, post on any forums, download information such as white papers or other publications or participate in any other interactive areas that appear within our Website;
  • Interact with us using social media;
  • Provide your contact details to us when registering to use or access any services we make available or when you update those details; and
  • Contact us or otherwise connect with us, online or offline.

We will also collect your personal information where you only partially complete and/or abandon any information inputted into our Website or other online forms and may use this information to contact you to remind you to complete any outstanding information and/or for marketing purposes.


We may also collect personal information from your devices (including mobile devices) and applications you or use to access and use our Website (for example, we may collect the device identification number and type, location information and connection information such as statistics on your page views, traffic to and from the sites, referral URL, ad data, your Internet Protocol (IP) address, your browsing history and your web log information) and we will ask for your permission before we do so. We may do this using cookies or similar tracking technologies (as described in above).


If you intend to give us personal information about someone else, you are responsible for ensuring that you comply with any obligation and consent obligations under applicable Data Protections Laws. Insofar as required by applicable Data Protection Laws, you must ensure that beforehand you have their explicit consent to do so and that you explain to them how we collect, use, disclose and retain their personal information, or direct them to read our Privacy Policy.


3. USE OF PERSONAL INFORMATION BY PIKOLINOS


In general, personal information you submit to us is used either to respond to requests that you make, or to aid us in serving you better. To the extent permissible under Data Protection Laws, we use your personal information to:


  • To provide you with products and services, such as to: fulfill your orders and process your payments; process, maintain and service your account; and to provide you with products and services that we think you will like;
  • To respond to you, such as when you: place an order; call us; make a request or inquiry; enter a contest or sweepstakes; complete a survey; or share a comment or concern;
  • to remember your interests and preferences; customize the products and services we share with you; track and categorize your activity and interests on our Website, including by identifying the different devices you use; and to enrich your experience on our Website;
  • to send you marketing and advertising communications; and to customize the marketing and advertising that we send you;
  • to understand how you use our Website; understand how you shop with us; determine the methods and devices used to access our Website; and improve our Website;
  • to operate and improve upon our business activities; to maintain our records; to determine your satisfaction with our products and services; to detect and prevent fraud or misuse of our services; and for any other business purpose that is permitted by law; and
  • to defend or protect us, our customers, you, or third parties, from harm or in legal proceedings; protect our rights; protect our security and the security of our customers, employees, and property; respond to court orders, lawsuits, subpoenas, and government requests; and address legal and regulatory compliance.

Pikolinos may send you emails and/or text messages via SMS about the Website store, new products and other marketing communications and updates about our company’s products, but you may opt out of receiving these emails and text messages.


4. DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES


Pikolinos may disclose your personal information to protect or enforce Pikolinos’s legal rights and policies, to protect or enforce the legal rights of a third party, or as Pikolinos reasonably believes is required by law (such as to comply with a subpoena or court order).


Pikolinos may use third parties to provide certain services or features on the Website, including but not limited to Salesforce.com, Inc.and third parties who help Pikolinos provide, maintain and improve the Website and Pikolinos’s products and services. Pikolinos may disclose your personal information to such third parties. Pikolinos has no control over how third-party vendors collect or use your personal information and these third-party vendors may have terms, conditions and privacy policies that differ from this Policy. 


Pikolinos may disclose your personal and non-personal information to its own affiliates, including but not limited to, Pikolinos Intercontinental and S.A. and Pikolinos, S.L. for marketing, advertising, and demographic analysis.


Pikolinos may share your personal information with a third party if it is merged with another business or otherwise undergoes a change of control, another entity acquires Pikolinos, or substantially all of Pikolinos’ assets, or in preparation for any of these events. Also, if any bankruptcy or reorganization proceeding is brought by or against Pikolinos, all such information may be considered an asset of Pikolinos and as such, may be sold or transferred to third parties. Any third party to which Pikolinos transfers or sells its assets will have the right to continue to use this information in the manner set out in this Privacy Policy.


Pikolinos may disclose non-personal information, in aggregate form that is not expressly associated with your personal information, to potential strategic partners, advertisers, investors, customers, and others.


5. PROTECTION OF PERSONAL INFORMATION


Pikolinos follows generally accepted industry standards to protect personal information transmitted through the Website. However, no method of transmission over the internet or method of electronic data storage can be guaranteed to be secure. While Pikolinos strives to use commercially acceptable means to protect your personal information, Pikolinos cannot guarantee absolute security. 


Pikolinos is not responsible for the actions or omissions of third parties (including but not limited to third parties who access or attempt to access your personal information without Pikolinos’s consent and authorization). Pikolinos is not liable or responsible for any disclosure of information due to errors in transmission, unauthorized third-party access (such as hacking), other acts of third parties, or acts or omissions beyond Pikolinos’ reasonable control.


6. RETENTION OF PERSONAL INFORMATION


We retain personal information for as long as needed or permitted in light of the purpose(s) for which they were obtained and consistent with applicable law. The criteria used to determine our retention periods include:


  • The length of time we have an ongoing relationship with you and provide the Website to you;
  • Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them);
  • Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).


7.  CHILDREN AND MINORS


The Website is intended for adults only. Pikolinos will not knowingly collect or use any personal information from children under the age of 18. In addition, Pikolinos will delete any information in Pikolinos’s database that Pikolinos knows originates from a child under the age of 18. 

  

Children under the age of 13 are expressly prohibited from using the Website. 


8. YOUR CHOICES


You may provide us with instructions on what to do with your personal information. You have a choice and control over your personal information. Where we need to collect personal information and you fail to provide that data when requested, we may have to close your account and/or block your access to the Site. Since your choices and instructions may result in loss of access to the Website, please review your options carefully.


If you do not want to receive promotional, marketing, or other communications from Pikolinos or its affiliates, you may opt-out by following the instructions included in each email communication or by emailing us at pikolinosusa@pikolinos.com


9. PRIVACY NOTICE FOR CALIFORNIA RESIDENTS



Consumers residing in California have additional rights with respect to their personal information under the California Consumer Privacy Act or (“CCPA”). If you are a California resident, this section applies to you and supplements the main Privacy Policy above.


California consumers have the right to request access to the specific pieces of personal information we have collected about them in the last 12 months. You may make this request up to two times in a 12-month period. You may also request additional details about our information practices, including the categories of personal information we have collected about you, the categories of sources of such collection, the business or commercial purpose for collecting or selling personal information, the categories of third parties with whom we may have shared and sold your personal information, the categories of personal information we have disclosed and sold about you in the preceding 12 months, and the categories of third parties to whom we sold personal information in the preceding 12 months. If you are a California consumer, you also have the right to request deletion of your personal information (subject to certain exceptions), to opt out of sales of personal information and to receive equal service and price and not be discriminated against even if you exercise any of your CCPA rights.


California consumers may make a rights request by contacting us info@pikolinos.com. Your request must include sufficient information that allows us to reasonably verify you are the person about whom we collected personal information, which may include your email address, name and account ID (which is required only if you already have an account with us). Only you or an authorized agent may make a verifiable rights request related to your personal information. The verifiable rights request must provide sufficient information and documentation to allow us to verify that you (or an authorized agent) are the person about whom we collected personal information. We will not provide you with personal information if we cannot verify your identity and/or authority to make the rights request and confirm the personal information belongs to you or the represented individual. Making a rights request does not require you to create an account with us. We use personal information provided in a verifiable rights request solely to verify the requestor's identity or authority to make the request.


If you have an account with us, we will deliver our response to the email address for that account. If you do not have an account with us, we will deliver our response by US mail or electronically at the email address in your request, at your option. All disclosures we provide will only cover the 12-month period preceding the verifiable rights request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable.


We do not charge a fee to process or respond to your verifiable rights request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.


In the last 12 months, Pikolinos has not sold personal information to any third party.


10. INTERNATIONAL CUSTOMERS


The Website that links to this Policy is intended only for Customers in the United States. If you choose to provide Pikolinos with your information, you consent to the transfer, storage, and processing of that information on our and/or Salesforce.com servers located in the United States and/or around the world. The information collected by Pikolinos or Salesforce.com may be subject to international and U.S. state and federal law. If you are accessing our Website from outside the U.S., please be advised that you are transferring your personal information to us in the United States where data protection and privacy laws may be different from the laws of your country. By using our Website, you consent to the transfer and use of your personal information in accordance with this Privacy Policy.


11. CHANGES TO POLICY


This Policy is subject to change at any time. Changes to the Policy will be posted on the Website. Pikolinos will use commercially reasonable efforts to notify you by email of changes to the Policy that are reasonably material. Pikolinos’s failure to notify you of any changes to the Policy will not affect any rights, liabilities or obligations of Pikolinos. You should periodically review the Policy on the Website to determine whether there are changes to the Policy that you deem to be material. 


If you have any questions about this Privacy Policy, please feel free to contact us through our website, email us atpikolinosusa@pikolinos.com, or write to us at:

 

PIKOLINOS USA, CORP.

Beacon Industrial Park #5 located at

11013 NW 30*th* Street, #100,

Miami, FL 33122


The language applicable to this Privacy Policy is English. Any version of the policy in a language other than English is offered for your convenience and to make it easier to understand. If there is any conflict between this English language Privacy Policy and any translated version of the Privacy Policy, i.e. Spanish, the English version controls.

PURCHASE CONDITIONS

REFUND POLICY

You may return your item for a refund within 30 days from the date the item is delivered to you, subject to the terms and conditions below. No refunds will be made after 30 days from the date of delivery

To be eligible for a return, your item must be unused, in the same condition that you received it, and in the original packaging.

Returning Your Item/s

To return your item/s, you may login to your account, click on "My Orders," and select the order and item/s you wish to return. On the last step, you will click on “Download (The Return Label)” and print it out. Pikolinos will send you an email confirming your decision to return your order.

Refund Processing

Upon receiving your return, our logistics department will carry out the necessary inspection to make sure your return is compliant to our returns policy. Once the return passes our inspection, your refund will be processed automatically. Your refund should be reflected on your account at your bank’s normal processing time.

Late or Missing Refunds

If you have not received a refund after being notified that a refund would be issued, first check your bank account or credit card again, and then contact your bank or credit card issuer. It may take some time before your refund is officially posted by your bank or credit card issuer.

If your bank or credit card issuer has not processed your refund after 30 days, please contact pikolinosusa@pikolinos.com.

SIZE EXCHANGES

In cases where you find that the size of the purchased product does not meet your needs (and without prejudice to the right of withdrawal that applies to you), you are offered the possibility of exchanging size within the period of thirty (30) calendar days from receipt of your order, without need for justification.

At Pikolinos we only accept size exchanges, if you want to replace the product with another design or colour, you must return the product and place a new order. To exchange a product purchased on the Pikolinos web site you need to access your user account and select the product you want to exchange. Click here to access “My Account”.

In the “My Orders” section in “My Account”, you can select the product you want to exchange by clicking on EXCHANGE SIZE. Once you have requested the size exchange, select the new size you need, confirm your shipping details and continue to follow the instructions for processing the size exchange.

Once you have requested the size exchange and selected the shipping method, you need to send the product via the Post Office following the instructions detailed in the exchanges and returns section of this website.

As soon as we receive your returned item, we will start the process of sending you the new size.

To exchange an item, it is important that the returned item is in the same condition as when it was received. As soon as we receive the package with your item, we will check its condition and we will process the size exchange. If the size in question is not available, we will refund the amount of the product.

If we do not receive the return within a maximum of 30 days from the exchange request, Pikolinos will cancel the stock reservation of the new size and the exchange request will be deleted.

Remember that all exchanges for products purchased online must be processed through the Pikolinos web site. At the moment it is not possible to exchange the size of items purchased on the Pikolinos web site at physical points of sale.

DISCOUNT VOUCHERS: SPECIAL TERMS AND CONDITIONS

PIKOLINOS may issue discount vouchers. Discount vouchers are promotional offers that allow a partial discount on the price of the order or product. Vouchers apply only to products and not to shipping costs.

There are different types of vouchers, the conditions of which are specified in commercial correspondence between parties (either by email or in the specific section of this website). In these cases, the specific conditions can be found in the text accompanying the voucher.

The terms and conditions of each campaign will be provided together with the distribution of the discount voucher.

Discount vouchers may have some additional restrictions or limitations (e.g. minimum order, specific redemption period, etc.) so we advise the customer to carefully read the specific terms and conditions of each voucher. By using or redeeming the voucher, you agree to the terms and conditions that apply to it.

The general terms and conditions of business indicated on this website, together with the specific terms and conditions of each voucher, are applicable to the discount vouchers.

It is essential to always refer to the applicable terms and conditions for full details or requirements of the voucher or offer.

The following are the general terms and conditions of the discount vouchers, applicable unless exceptions are provided for in the specific conditions of each campaign:

 

-         To use the voucher you must be of legal age (18 years or older).

-         Discount vouchers are individual and non-transferable.

-         As a general rule, discount vouchers cannot be combined with any other promotions provided by the organiser, unless otherwise specified.

-         Only one discount voucher can be used per order and per shopping cart.

-         Vouchers are non-refundable.

-         In the event that a voucher is of a higher value than your order, the difference will not be refundable, nor can it be credited towards a subsequent order.

-         Discount vouchers are valid only for the purchase of a specific selection of products.

-         Vouchers will be valid for a fixed period of time and will expire if they have not been used after the expiry of the voucher period.

-         The sale, trade or purchase of discount coupons is not permitted.

 

ADVANTAGES OF PIKOLINOS CLUB MEMBERSHIP

The Pikolinos Club comes into force on the date on which these terms and conditions are published on the website and shall remain in force indefinitely. Notwithstanding the foregoing, given that the advantages of Pikolinos Club membership are benefits and/or special features voluntarily granted by PIKOLINOS to Club members, Pikolinos reserves the right to modify these terms and conditions at any time. In this case, Pikolinos shall inform Club members in advance through the communication channels provided for such purpose (email, website, etc.).

The modification or cancellation of any or some of the conditions of the Pikolinos Club shall not entitle the Club member to any indemnity or compensation whatsoever.

Pikolinos reserves the right to verify the identity of any Pikolinos Club member at any time.

Club Membership

You can become a member of the Pikolinos Club by simply subscribing to our Newsletter. Thus, all users who subscribe to the Newsletter and fill in the necessary information (marked with an asterisk) shall be considered members of the Pikolinos Club and shall enjoy all the advantages associated with it.

Section Advantages and Special Features of the Pikolinos Club describes all the advantages and special features associated with Pikolinos Club membership. For all matters not covered in the special features listed in section Advantages and Special Features of the Pikolinos Club, the provisions of the other sections of these general terms and conditions of purchase shall apply.

Advantages and Special Features of the Pikolinos Club

-         Right to Withdrawal

Pikolinos offers the possibility for Pikolinos Club members to withdraw from their purchase within a period of sixty (60) calendar days following receival of the order, without the need for justification, provided that the product has not been used or damaged.

This advantage shall apply as long as the user fulfils the requirement of belonging to the Pikolinos Club prior to making the purchase.

-         Birthday Treat

Given that you must provide your date of birth to join the Pikolinos Club, Pikolinos shall send you a birthday greeting via the email address provided by the Pikolinos Club member, which shall include a $10 discount off purchases at PIKOLINOS, valid for 30 days.

For more information on how we process your personal data, please see our Privacy Policy.

-         Early Access to Offers and Promotions

All Pikolinos Club members shall be granted early access to any commercial promotions that PIKOLINOS publishes on its website and communicates privately to Pikolinos Club members by email.

-         Welcome Discount

All users who join the Pikolinos Club shall be given a "Welcome Discount" for 5% off purchases valid for 10 days from the date on which they become a member of the club.

This discount can only be used once (it is an initial discount) and can be accumulated with other discounts and/or promotions.

-         Special Draws

Pikolinos Club members may participate in specific draws that shall be announced and published on the Website. Simply being a member of the Pikolinos Club entitles you to participate in these competitions, although the specific terms and conditions and requirements of each competition shall apply to your participation in them. Special draws shall be advertised and published appropriately on the Website, detailing the specific characteristics of such draws.

-         Free cleaning kit

Members of the Pikolinos Club have the right to receive PIKOLINOS cleaning products for free, specified as follows:

For the purposes of this perk, cleaning products means: a cleaning kit.

This perk is associated with purchases of PIKOLINOS products and may only be exercised by customers who joined in 2023, make a purchase in 2023 and expressly request it, with no more than one cleaning product per year per customer.

Valid only for Online Store customers.

The provisions of this clause lay out a perk for members of the Pikolinos Club, without prejudice to the provisions of Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Consumer and User Protection Act and other complementary laws, and is not considered a limitation on their rights.