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PERSONAL DATA PROTECTION CHARTER
In accordance with European Regulation 2016/679 of 27 April 2016
(known as the “General Data Protection Regulation” or GDPR)
This Personal Data Protection Charter (hereinafter: the "Charter") describes the commitment of the Site Patrick POLBOS Orchids - 1A Rue de la prairie 02300 SINCENY - SIRET : 75039967700012 - N° TVA : FR54750399677. édited by Patrick POLBOSas a controller with regard to the privacy and protection of the personal data of its users. This Charter has been drafted to allow you to become aware of the practices and conditions under which Patrick POLBOS Orchidscollects, uses and retains your personal data (below: “Data”).
You will find the description of the different Data that we can collect and process or that you can transmit to us when you access and/or use the site Patrick POLBOS Orchids (le « Site ») on which our products are sold.
In view of the constant evolution of laws and regulations relating to technology and the protection of personal data, it is likely that this Charter will be updated. If you are a user of the Site, you will be informed of any changes by email.
If any of the provisions of this Charter are to be declared null or void or contrary to the regulations, it shall be deemed unwritten but shall not result in the nullity of the other provisions of this Charter.
This Policy applies to Data Collected:
- Via simple navigation on the Site
- Via e-mails exchanged between Patrick POLBOS Orchidsand you or any other email tool
- When you create a user account on the Site
- When you place an order on the Site
- When you sign up for the Site Newsletter (the “Newsletter”)
It does not apply to information collected by any third party or through websites managed by third parties, including through applications or content (including advertisements) redirecting the user to the Site. We thank you for carefully reading the Charter concerning the processing of your Data and we inform you that the navigation on our Site necessarily results in the acceptance of this Charter. If the latter does not obtain your membership, we invite you to leave our Site. It is up to you to check that the data communicated to Patrick POLBOS Orchidsare compliant. If applicable, you can correct and update them from your "My Account" space
1. WHAT DATA ARE COLLECTED BY Patrick POLBOS Orchids ?
Depending on the nature and purpose of your interaction with Patrick POLBOS Orchids(creation of a user account, subscription to the Newsletter, information of contact forms, as well as possible telephone exchanges) we are likely to collect the following data:
- Your email address will necessarily be requested if you wish to create a user account, contact us via the contact forms and/or receive our Newsletter
- Information about your identity such as your name, first names, email address, postal addresses and telephone numbers may be requested
- Navigation Data: This is the Data relating to the way you use the Site including: the IP address, the browser used, the navigation time, the search history, the operating system used, language and page views
- Data concerning your visits to the Site, including traffic data, log files and other data or communication resources that you use by accessing the Site
- Order Data: Your mailing address is required for invoicing purposes. Similarly, your bank details, PayPal, or other financial partner must be entered in order to pay your order
- Data related to the use of social networks when using the functionality.
2. HOW ARE YOUR DATA COLLECTED?
The Data can be collected in different ways on the Site. The Data can be collected directly when you transfer it to us through the contact and user account creation forms, of registration to the Newsletter available on the Site and/or communicated when you contact us by telephone. When you contact us by these different means, a copy of your exchanges withPatrick POLBOS Orchids, including email addresses, can be completed and archived. Patrick POLBOS Orchidsalso indirectly collects some Data using cookies/tracers. We invite you to read our Cookies CharterHERE, intended to help you better understand these technologies and the use we make of them on the Site and as part of our services, applications and tools.
3. WHY ARE YOUR DATA COLLECTED?
If you are a simple user, we collect your Data to:
-Send you our Newsletter and/or personalized commercial offers if you have consented
-Manage orders and execute contract
-Ensure security and traceability of site purchases
-Forward information about your account (including purchase invoices, order history)
-Manage your inquiries through the contact page
- Allow you to leave an opinion on the products and/or the Site
- Inform you of changes concerning the Site or our offer of products and services
- Respect our rights and obligations stipulated in the contracts concluded with users as well as for any other legal purpose.
- To secure your browsing and improve your user experience, in particular by recognizing the username and password that you have already provided so that you do not have to enter them on each page of the Site where they are required. Refusal of these will prevent any order on the Site (Identification impossible).
- analyze traffic and data on the Site to measure the number of users of the Site, to make it easier to use and to ensure its ability to respond quickly to your requests.
Refusal to complete the Site forms correctly may block access to certain pages, such as those relating to ordering products or services.
4. WHO HANDLES YOUR DATA?
Your Data are processed by the staff and employees of Patrick POLBOS OrchidsIn charge of:
- Site management (Orders and shipments)
- Support management, to answer all your questions
- The management of the invoicing.
In addition, as part of our activity, and for processing purposes, your Data may be communicated to subcontractors, service providers or other third parties, and in particular:
- Bank Crédit Mutuel
- Carriers (La Poste, Colissimo, DPD ...)
- accounting services
- tax services
Each of its players respects a commitment of confidentiality regarding the use and processing of personal data.
For payment management and to facilitate the user experience, Patrick POLBOS Orchidsproposes the following means of payment to make purchases on the Site:
- Online payment by Bank Card (Blue Card, Visa Card, Eurocard/ Mastercard) managed by Payplug
- The payment by bank transfer
- The payment by check
Patrick POLBOS Orchids has no access to your credentials and credit card numbers. All transactions are secured using SSL encryption, guaranteeing both the identity of the payment agency and the confidentiality of the data.
All subcontractors, service providers, Partners or other aforementioned third parties are obliged by contractual obligations to respect the confidentiality and protection of the Data and to process them only for the purposes to which we transmit them.
Your Data may be transmitted to any purchaser or successor in the event of a merger, assignment, restructuring, reorganization, dissolution or other sale or transfer of any or all of the assets of Patrick POLBOS Orchids due to uncertainties or bankruptcy, winding-up or other processes in which user data Patrick POLBOS Orchids Appear among the given up assets.
Finally, we are also likely to disclose your Data:
- to comply with any mandate required by applicable legislation, including government and regulatory requests
- if we believe that disclosure is made necessary or required by the protection of the rights, property or security of Patrick POLBOS Orchids, its customers or other stakeholders.
This potential disclosure includes the exchange of information with other companies and organizations for the purpose of protection against fraud and counterfeiting.
The Site may contain links to various social network sites and platforms managed on third party servers, by persons or organizations on which Patrick POLBOS Orchids has no control at all. As such, we cannot be held responsible for how your Data will be stored or used on the servers of these third parties. We advise you to take note of the applicable charter concerning the protection of personal data of each third-party website to which you will access via the Site in order to appreciate the way your Data.
5. HOW LONG ARE YOUR DATA STORED?
Patrick POLBOS Orchids preserves your Data only for the duration necessary for the purposes set out in Article 3. This retention period is not the same according to the Data in question, the nature and purpose of the collection is likely to vary this duration. Similarly, certain legal obligations impose a specific shelf-life.
When you are registered to the Newsletter, we will keep your email address until you unsubscribe.
When you get in touch with Patrick POLBOS Orchids using the contact form or by telephone, your data can be stored:
- up to one (1) year from last contact if you do not have a customer account or order made on the Site.
- up to ten (10) years (Legal duration) from the last order made on the Site, if this information relates to this order.
- In all other cases, the shelf-life of such Exchanged Data shall not exceed one (1) year.
For your User Account, all of your billing information is retained for ten (10) years from the date of purchase even if you had requested to deactivate your User Account.
If you make a request to delete Personal Data, your Site User Account will be deactivated and anonymized, and then completely deleted at the end of the above periods from the day you made the request. Finally, for Data collected using cookies or tracers, it will be retained for up to six (6) months for cookies or tracers measuring the audience and up to thirteen (13) months for the others. Beyond the retention periods mentioned above, your Data will be anonymized for exclusively statistical purposes.
6. HOW ARE YOUR DATA PROTECTED?
Your Data is stored on a secure server and protected by a firewall and antivirus. We have put in place technical and organisational measures to guarantee the security and confidentiality of your Data against any accidental loss and against any unauthorized access, use, modification and disclosure. However, in view of the inherent particularities of the Internet, it is impossible to guarantee the optimal security of the exchange of information on this network. We strive to protect your Data, but we cannot guarantee the absolute security of the information transmitted to the Site. You agree that you transmit your Data at your own risk. We cannot be held responsible for non-compliance with the confidentiality parameters or security measures in place on the Site. As such, you agree that the security of your information is also your responsibility. For example, it is your responsibility to keep the password that allows you to access your user account secret. Do not disclose it to third parties. Similarly, be vigilant when disclosing information in public sections of the Site, which can be accessed by any user of the Site.
7. WHAT ARE YOUR RIGHTS?
You can choose how the Data you transmit to us is used:
-You can browse the Site without providing Data. In this case, you will not be able to use certain functionalities of the Site and in particular, to make purchases (if you are a simple user) and/or downloads on the Site.
- You may refuse to provide your bank details and/or postal addresses. In this case, you will not be able to make a purchase on the Site
- You can decide to no longer receive the Newsletter as well as our customized offers: you just need to login to your Site user account or click on the link present in the email addressed to you.
In any case, you can access your user account at any time to view or update your Data and unsubscribe from our Newsletter if you were registered. In accordance with the provisions of the applicable rules on the protection of personal data, in particular the European Regulation 2016/679 on Data Protection (the "GDPR") as well as the law of 6 January 1978 n°78-17 called "Informatique et Libertés" and its modifications, you have a right of access and a right of rectification on your Data.
In addition, subject to the conditions laid down in that regulation for the exercise of these rights, you benefit from:
- Entitlement to delete your Data (Excluding accounting data required by French law for 10 years - article L123-22 of the Commercial Code)
- A right to limit the processing of your Data
- A right of opposition to the processing of your Data for legitimate reasons, in accordance with Article 21 of the GDPR
- A right to portability on the Data you provided (for automated processing based on consent or contract execution)
- From the right to withdraw consent, when you have been asked. When processing your Data on the basis of your consent, you may withdraw it at any time.
However, you acknowledge that the treatment performed prior to the revocation of your consent remains fully valid. You also have a right of opposition without reason that Patrick POLBOS Orchids performs an analysis of your Data to share it for marketing purposes.
However, in accordance with Article 12.6 of the GDPR, for the exercise of these rights, Patrick POLBOS Orchids, as the person responsible for this processing, reserves the right to ask you to justify your identity. We inform you that the data to support your identity will be deleted once we have responded to your request. You can exercise these rights by sending an email to firstname.lastname@example.orgOr at the following address:
Patrick POLBOS Orchids
1A rue de la prairie
02300 SINCENY (France)
We have one month to respond to any request regarding the exercise of your rights. This period may be extended by two months, due to the complexity or excessive number of applications.
8. STORAGE OF THE DATA COLLECTED BY Patrick POLBOS Orchids
The Data collected in connection with the use of the Site are stored exclusively on a server located in Europe(France), Accommodated by the company PHPNET FRANCE – 97-97 bis rue Général Mangin 38100 GRENOBLE N° SIRET 451878128 00037, N° TVA intracommunautaire : FR32451878128.
Update of 22/05/2018