Privacy Policy | Original BUFF®
PRIVACY POLICY
ORIGINAL BUFF, SA (“ORIGINAL BUFF” or “we” or “us) respect your privacy and is committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit our website www.buff.com (the “Website”) and how we collect and processes your personal data.
This policy applies to the information we collect:
On this website.
In email, text and other electronic messages between you and this Website.
When you purchase our products or services.
When you sign up to our newsletter.
When you take part in our prize promotions.
When you interact with our advertising, promotions, content, activities, competitions or events organized or sponsored by us and us, if those advertising, promotions, content, activities, competitions or events and interactions include links to this policy.
It is important that you read this privacy policy together with any other privacy policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.
1. CONTROLLER
The controller of the personal data provided by you and responsible for this Website is:
Company name: ORIGINAL BUFF, S.A.
Address: C/ França nº 16, Igualada 08700 (Barcelona), Spain.
TAX ID: A58034000
Registration: Barcelona Commercial Registry, tome 34.401, sheet 45, page number 119.299.
Tel.: +34 93 805 48 61
Email: buff@buff.com
ORIGINAL BUFF is the parent company of different subsidiaries, that may be also controllers or processors of the personal data provided by you:
BUFF GmbH
Aschheimer Str. 13, 85622 Feldkirchen (Germany)
info@buff.de
Buff Inc
133 Aviation Blvd. Ste 105 Santa Rosa, CA 95403.
(707) 569-9009
customerservice@buffusa.com
Buff Canada Ltd.
120-105 Bow Meadows Crescent, Canmore AB T1W 2W8
customer-service@buffcanada.com
Buff UK
Cranborne House Level Part 2, Cranborne Road, Potters Bar, Hertfordshire
EN6 3JN
admin@buffuk.co
Buff France Eurl
25-27, Rue Tronchet 75008 Paris
(34) 93 8054861
buff@buff.com
Buff Italy Srl
Via Fabio Filzi, 27, Milano
(34) 93 8054861
buff@buff.com
We will let you know which entity will be the controller for your data.
We have appointed a Data Protection Officer (DPO) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the DPO at dpo@buff.com.
2. THE DATA WE COLLECT ABOUT YOU.
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
• Identity Data includes first name, last name, username or similar identifier, gender and date of birth to prevent children from registering on the site as this website is not intended for children. We do not knowingly collect data relating to children.
• Contact Data includes billing address, delivery address, email address and telephone numbers.
• Financial Data includes bank account and payment card details to pay for your purchases, although we do not store or process your card details ourselves; they are processed and stored by the financial institutions and payment platforms.
• Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
• Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses, records, and copies of your correspondence if you contact us.
• Usage Data includes information about how you use our website, products and services, promotions, and records of the information you authorise us to collect and use and of your communication with us.
• Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.
• Your image, if it is requested and you accept to participate in activities, competitions or events organized or sponsored by us.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
You also may provide information to be published or displayed (hereinafter, "posted") on public Buff® social media (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk and our Terms and Conditions of use of BUFF® social media shall apply. Please see our Terms and Conditions here https://www.buff.com/terms-and-conditions for further details.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.
3. HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you:
• Directly from you when you provide it to us. You may give us your personal data as Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
• apply for our products or services;
• create an account on our website;
• subscribe to our service or publications;
• request marketing to be sent to you;
• enter a competition, promotion, activity, event or survey; or
• give us feedback or contact us.
• Automated technologies or interactions. As you navigate through the Website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies. Click here for information on our cookie policy and how you can opt out of behavioural tracking on this Website.
4. PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA AND LAWFUL BASIS.
We will only use your personal data when the law allows us to.
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal basis we rely on to do so.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.
| Purpose/Activity | Type of data | Lawful basis for processing |
| To manage your registration as user of the Website to identify you and give you access to its different features, products and services available to you as a registered user. | (a) Identity (b) Contact (c) Profile (d) Marketing and Communications |
(a) Performance of a contract with you (b) Necessary for our legitimate interests to keep our records updated |
| To register you as a new customer | (a) Identity (b) Contact |
Performance of a contract with you |
| To process and deliver your order including: (a) Manage payments, fees and charges (b) Collect and recover money owed to us |
(a) Identity (b) Contact (c) Financial (d) Transaction (e) Marketing and Communications |
(a) Performance of a contract with you (b) Necessary for our legitimate interests (to recover debts due to us) (c) Necessary to comply with a legal obligation (sales tax). |
| For marketing purposes when you sign up to our newsletter. | (a) Identity (b) Contact (c) Marketing and Communications |
Your consent. You have the right to withdraw consent to marketing at any time by contacting us (see Opting out section and your rights on section 9 below) |
| To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy (b) Asking you to leave a review or take a survey |
(a) Identity (b) Contact (c) Profile (d) Marketing and Communications |
(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated ) (d) Your consent, if you agree to leave a review or take a survey, to study how customers use our products/services. |
| To enable you to partake in a prize draw, competition, activities, events organized or sponsored by us or complete a survey |
(a) Identity (f) Image |
(a) Performance of a contract with you (b) Your consent, if you agree to leave a review or take a survey, to study how customers use our products/services. |
| To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) | (a) Identity (b) Contact (c) Technical |
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation |
| To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you | (a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical |
(a) Your consent to accept cookies (b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy) |
| To use data analytics to improve our website, products/services, marketing, customer relationships and experiences | (a) Technical (b) Usage |
(a) Your consent to accept cookies (b) Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy) |
| To make suggestions and recommendations to you about goods or services that may be of interest to you | (a) Identity (b) Contact (c) Technical (d) Usage (e) Profile (f) Marketing and Communications |
(a) Your consent to accept cookies (b) Necessary for our legitimate interests (to develop our products/services and grow our business) |
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.
You will receive marketing communications from us if you have opt-in of receiving that marketing communications.
Opting out
You can ask us to stop sending you marketing messages at any time by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences OR by following the opt-out links on any marketing message sent to you OR by contacting us at any time or our DPO at dpo@buff.com.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.
Cookies
You can set your browser to refuse all or some browser cookies. For more information about the cookies we use, please see https://www.buff.com/cookies
5. WILL WE SHARE YOUR DATA WITH THIRD PARTIES?
We will only use your personal data for the purposes for which we collected
specified in the table above.
We share your personal data within the companies’ group (our subsidiaries) and with external third parties for the purposes set out in this Privacy Policy.
We may have to share your personal data to contractors and service providers we use to support our business and the services we offer you as:
- Financial institutions and payment platforms.
- Technology service providers who provide IT and system administration services, computer platform that provides verifiably random results for the selection of the winner, in the event of prize draw.
- Logistics, transport and delivery service providers.
- Marketing services and/or communication services.
- Professional advisers including lawyers, bankers, auditors and insurers based who provide consultancy, banking, legal, insurance and accounting services.
We may disclose your personal data to our subsidiaries within the companies Group, and partners if needed, for the purposes described in the table above. In particular, ORIGINAL BUFF may disclose the personal data to its subsidiaries – BUFF GmbH (Germany), BUFF Inc, (USA), BUFF Canada Ltd (Canada) and BUFF UK Ltd (UK), BUFF France Eurl (France), and Buff Italy Srl ( Italy)– as well as to its official distributors, customers and suppliers, authorized partners and owners or organizers of events sponsored by us.
We may also disclose your personal information to (i) Revenue, regulators and other authorities who require reporting of processing activities in certain circumstances (ii) to comply with any court order, law, or legal process, including to respond to any government or regulatory request (iii)Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.
We carefully select third-party service providers. We require all third parties to be bound by contractual obligation to keep information confidential and use it only for the purposes for which we disclose it to them, respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
6. INTERNATIONAL TRANSFERS
As we may share your personal data with our Subsidiaries, this may involve transferring your data outside the European Economic Area (EEA).
Some of our external third parties-providers are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
7. DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. DATA RETENTION. HOW LONG WILL YOU USE MY PERSONAL DATA FOR?
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for unless a longer retention period is required or permitted by law and subsequently only in order to comply with any legal, regulatory, tax, accounting or reporting obligations.
We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation with respect to our relationship with you.
In some circumstances you can ask us to delete your data: see your legal rights below for further information.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
In order to manage the sale or service contract requested, we will process your data for the time necessary to manage the purchase of the products or services purchased, including possible returns or associated complaints or claims. By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.
Regardless of whether we process your data for the time strictly necessary to fulfil the relevant purpose, we will subsequently retain it, duly stored and protected for as long as liabilities may arise from the processing, in compliance with the legislation in force at any given time. Once the possible actions in each case have expired, we will delete the personal data.
In any case, the personal data will be kept locked if it is not necessary for the purpose for which it was collected and until its final removal. In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
9. YOUR RIGHTS
You have, in connection with your personal data, under certain circumstances, the right to:
• Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
• Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
• Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes.
• Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, in the following scenarios:
• If you want us to establish the data's accuracy.
• Where our use of the data is unlawful but you do not want us to erase it.
• Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
• You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your personal information to another party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact us at:
ORIGINAL BUFF, S.A.
C/ França, 16, 08700, Igualada (Barcelona) Spain
Email: dpo@bufff.com.
You have the right in any event to file a complaint with the competent Data Protection Agency , which in Spain is The Spanish Data Protection Agency https://www.aepd.es/es.
We would, however, appreciate the chance to deal with your concerns before you approach the Competent Data Authority, so please contact us in the first instance.
No fee is usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
10. WHAT HAPPENS IF YOU PROVIDE US WITH THIRD-PARTY DATA?
If you provide the personal details of a third party, you must prior to the inclusion of such data, have informed the third party and requested his/her consent for the purposes set out here, so that we can use it to attend to the requests made by you or the said third party.
11. CHANGES TO THE PRIVACY POLICY
This privacy policy may be modified from time to time to adapt to new situations and the current legislation, and you will be informed accordingly.
Version 10.06.2024
