Article 1: Scope of application
This privacy policy (hereinafter the "Policy") applies to any person (hereinafter the "User") who (i) accesses the internet sales website [access link to the Mouratoglou website Merchandise: https://mouratoglou-shop.com/] (hereinafter the "Website"), (ii) creates a Member Area on the Site, (iii) concludes a service provision contract since the Site in order to benefit from or provide to benefit from the Services provided by the Simplified Joint Stock Company with a single shareholder MOURATOGLOU MERCHANDISE, 3550 Route des Dolines - 06410 Biot, France. It also applies to anyone who benefits from the Services as a Participant.
MOURATOGLOU MERCHANDISE as data controller, strives and undertakes to protect the privacy of Users and Participants in accordance with applicable legal requirements and in particular Regulation No. 2016/679 of April 27, 2016 relating to protection of natural persons with regard to the processing of personal data and the free movement of such data (hereinafter “General Data Protection Regulation” or “RGPD”) and Law No. 78- 17 of January 6, 1978 relating to data processing, files and freedoms (known as the “Data Protection Act”), (together the “Applicable Regulations”).
The purpose of the Policy is to inform Users of the processing and protection of the data collected by MOURATOGLOU MERCHANDISE as part of the provision of the Website and the provision of Services to Users. Unless otherwise specified in this Privacy Policy, the terms that are defined in the General Terms and Conditions of Sale will have the same meaning in the Policy.
Article 2 – Minors
As indicated in the General Conditions of Sale (hereinafter "GTS"), Users must be over 18 years of age to be able to validly create a customer area and make purchases allowing them to benefit from the Services offered on the website.
Article 3 – The data collected by MOURATOGLOU MERCHANDISE
3.1. The data that Users communicate to MOURATOGLOU MERCHANDISE
MOURATOGLOU MERCHANDISE processes the data that the User communicates to them via the Website and / or via the Services registration form, in particular during the following operations:
- When creating, managing and using the User's Customer Area on the Site;
- When subscribing to the Site's Newsletter and News Services;
- When providing Services by MOURATOGLOU MERCHANDISE and in particular when making purchases via the Website by the User;
- When participating in promotional offers, contests, sponsorship operations;
- When the User contacts customer / after-sales service or any other point of contact of MOURATOGLOU MERCHANDISE;
- The User's payment and / or banking information: bank details, billing data;
- Data relating to the device allowing access and use of the Site: technical information concerning the characteristics and operating data of the User's device, the operator, the operating system, the IP address ;
- Data relating to the language of use chosen for browsing the Site (French / English / Italian);
- Data relating to favorite items, saved baskets and order history;
- Data relating to the management and monitoring of item return requests;
- Any other information directly and voluntarily provided by the User, in particular the content of e-mails or messages sent;
The information that the User must provide when creating and / or updating the Customer Area. Mandatory data is indicated with an asterisk. Without these data, it is impossible for MOURATOGLOU MERCHANDISE to process the request or provide the requested Service.
3.2. Data collected by means of cookies
3.2.1. What is a cookie ?
The Website may use cookies depending on the preferences you have set when you connect to it for the first time or at any time thereafter. Cookies are small files that are saved on the User's computer or on any communications device used by the User (phone, tablets) when browsing the Website. These files allow the exchange of status information between the Website and the User's browser. This data may reveal the type of browser used, the date and time of the visit, the IP address as well as the activities carried out on the Website. These data allow MOURATOGLOU MERCHANDISE to remember the User during his successive uses of the Website and to record his navigation route:
- In order to retain the login details for the Customer Area;
- In order to improve security, the quality of the Services and navigation on the Website;
- For audience measurement, analysis and statistical purposes;
- In order to send and display targeted advertising.
3.2.2. What types of cookies are used on the Website?
MOURATOGLOU MERCHANDISE uses the following categories of cookies on its Website:
- Strictly necessary cookies:
These cookies are essential in order to allow you to browse the Website and use its features. Without these cookies, the Services you have requested, such as the storage of your connection data and the functionalities linked to your Customer Area cannot be provided. These cookies also remember the choices you make, for example, the country from which you are visiting our Site. They can thus be used to offer you an experience more suited to your choices and to make your visits more pleasant and personalized (in particular the language of the Website and the display of the pages of the Website adapted to your device).
For this type of cookies, your consent is not required.
- Audience measurement cookies
Google Analytics :
The Website also uses Google Analytics to monitor its own performance and allow MOURATOGLOU MERCHANDISE to optimize your online experience. These cookies collect information on how Users use the Website in order to collect information such as the frequency of Users' visits to the Site, the pages they visit and other sites they have visited before visiting the Website. The information we obtain through Google Analytics is used for the sole purpose of improving the Website and the Services offered. If you do not want Google Analytics to track the activities you engage in on all websites, please visit the following site: http://tools.google.com/dlpage/gaoptout.
3.2.3. How to configure the deposit of cookies?
The User's prior consent is required before any reading or placing of cookies not strictly necessary for the operation of the Website, namely on this Website for audience measurement cookies. In accordance with the recommendation of the CNIL on the matter, MOURATOGLOU MERCHANDISE collects the User's consent by means of an accessible platform, during his first navigation on the Website and at any time thanks to a blue button entitled "Confidentiality".
This platform allows the user:
- Directly accept the deposit of all types of cookies; or
- Directly refuse the deposit of all types of cookies for which consent is mandatory; or
- To choose in a granular way the purposes of cookies for which the User wishes to give his consent or refuse it; and/or
- To choose with precision each of the partners of MOURATOGLOU MERCHANDISE who may use cookies for the purposes for which they wish to use them.
Article 4 – Use of Users 'and Participants' data
As data controller, MOURATOGLOU MERCHANDISE collects the personal data of Users and Participants in a lawful and fair manner and respecting their rights. The information collected by MOURATOGLOU MERCHANDISE, including personal data, is used for the following purposes:
- Manage the procedure for creating and managing the Customer Area
- Purchase products from MOURATOGLOU MERCHANDISE and provide the Services and products offered to the User;
- Process payments, manage invoicing and accounting;
- Manage the User's subscription to newsletters and commercial prospecting messages from MOURATOGLOU MERCHANDISE;
- Manage the participation of Users and Participants in promotions, contests, sponsorships organized by MOURATOGLOU MERCHANDISE;
- Manage the Website and its operational functions (including logistics), resolve any technical problem, improve and develop new features based on use and / or feedback and requests from Users;
- Perform statistical analyzes;
- Respond to Users' requests and communicate with them, in particular to ask them for their opinion on the service provided by MOURATOGLOU MERCHANDISE and the significant changes and developments in the services offered by MOURATOGLOU MERCHANDISE;
- Apply the laws, regulations in force and the Terms of Sales;
MOURATOGLOU MERCHANDISE is also likely to use the User's personal data in order to send him commercial prospecting messages (in particular sending information related to the launch of new products, the organization of promotional events and marketing activities of all kinds). The User can explicitly and freely consent or not to the collection and processing of his personal data for marketing purposes by means of a checkbox.
Finally, the User benefits from the possibility of having his telephone number entered on the Bloctel opposition list managed by Opposetel. Bloctel is the list of opposition to canvassing by telephone on which any consumer can register for free in order to no longer be canvassed by telephone by a professional with whom he has no current contractual relationship.
You can find all the information relating to the steps to be taken to register on this list via the following link: https://conso.bloctel.fr/
Article 5 – Legal basis for processing
The treatments implemented as part of the provision of the Services offered on the MOURATOGLOU MERCHANDISE Website are:
- Necessary for the execution of the contract binding the Customer to MOURATOGLOU MERCHANDISE or for the execution of pre-contractual measures: this concerns in particular the processing the purpose of which is the management of the procedure for creating and managing the Customer Area; ; the management of orders / deliveries / returns; the provision of the Services; processing payments; responding to requests for information via the "Contact Us" form or in general when making any contact;
- Based on the consent of the User: this involves subscribing to newsletters, news about the Website and its Services; participation in sponsorship operations, contests, etc. ; for depositing and reading unnecessary cookies, the settings of which can be carried out via the banner dedicated to this purpose;
- Based on the legitimate interest of MOURATOGLOU MERCHANDISE: this concerns in particular the processing for the purpose of managing the Site and its operational functions (including logistics), the resolution of any technical problem, the improvement and development of new functionalities based on the use and / or feedback and requests from Users, the production of statistics. Indeed, these treatments participate in the improvement of its Services by MOURATOGLOU MERCHANDISE and thus benefit both the User and MOURATOGLOU MERCHANDISE without infringing the interests, rights and fundamental freedoms of Users;
- It is also specified that for the deposit and reading of cookies, the User's consent is specifically collected when this is required by applicable legislation and that the User has a right of opposition at all times.
- Necessary for compliance with a legal obligation: this relates in particular to processing the purpose of which is the management of invoicing and accounting.
Article 6 – Users' rights over their personal data
In accordance with the Applicable Regulations, the User and the Participant have the following rights over their personal data:
- Right to information: you have the right to obtain clear, transparent, understandable and easily accessible information about how we use your personal data and about your rights. This is the reason why we are providing you with the information in this Policy.
- Right of access: you have the right to access the personal data we have about you (provided that the request is not manifestly unfounded or excessive, in particular because of its repetitive nature), and to obtain it a copy. If you wish to access the data we hold about you, please contact us at the contact details listed in Article 13 dedicated to the Contact of MOURATOGLOU MERCHANDISE.
- Right of rectification: you have the right to demand that your personal data be rectified if they are inaccurate or out of date and / or that they be completed if they are incomplete (provided that the request is not manifestly unfounded or excessive , in particular because of its repetitive nature). If you wish to modify your personal data, you can perform this operation via your Customer Area or contact us at the contact details set out in Article 13 of this policy.
- Right to erasure: in certain cases, you have the right to obtain the erasure or deletion of your personal data. This is not an absolute right, as we may be required to keep your personal data for legal or legitimate reasons. If you would like us to erase your data, please contact us using the contact details set out in section 13 of this policy.
- Right to restriction of processing: This right means that the processing of data concerning you which we carry out is limited, so that we can keep this data, but we cannot use or process it. This right applies in special circumstances, namely:
- In cases where the accuracy of the personal data is contested by the data subject (i.e. you). Processing is then limited for a period allowing MOURATOGLOU MERCHANDISE to verify the accuracy of the personal data;
- In cases where the processing is unlawful and the data subject (i.e. you) opposes the erasure of the personal data and instead demands that its use be restricted;
- In cases where MOURATOGLOU MERCHANDISE no longer needs personal data for the purposes of processing but they are still necessary for the data subject for the establishment, exercise or defense of legal claims;
- In cases where the data subject (i.e. you) has objected to the processing based on the legitimate interests pursued by MOURATOGLOU MERCHANDISE during the verification relating to whether the legitimate reasons pursued by MOURATOGLOU MERCHANDISE prevail over those of the person concerned or not.
If you wish to obtain the restriction of the processing, please contact us at the contact details indicated in point 9 below.
- Right to object to the processing of your personal data when the processing is based on the legitimate interest of MOURATOGLOU MERCHANDISE (to determine what processing is involved, we refer on this point to the table in section 3 of this Privacy Policy): you can at any time oppose the processing of your personal data for reasons relating to your particular situation, unless MOURATOGLOU MERCHANDISE asserts legitimate and compelling reasons for the processing of such data which prevail over your interests, rights and freedoms, or when such data is necessary for the establishment, exercise or defense of legal claims. If you wish to exercise your right to object or obtain more information on how to exercise this right, please contact us at the contact details below.
- Withdrawal of consent to commercial prospecting: you can, at any time, unsubscribe from receiving commercial prospecting messages from MOURATOGLOU MERCHANDISE. Simply click on the link in the footer of the communications you receive from MOURATOGLOU MERCHANDISE or send a message to the contact details below. It is nevertheless specified that the sending of certain electronic communications from MOURATOGLOU MERCHANDISE will persist, in particular communications transmitting invoices and summaries of orders necessary for the provision of Services by MOURATOGLOU MERCHANDISE.
- Right to lodge a complaint with a supervisory authority: you have the right to seize and lodge a complaint with the data protection authority of your country (in France the CNIL (Commission Nationale de l'Informatique et des Libertés)) to challenge the practices of MOURATOGLOU MERCHANDISE in terms of the protection of personal data and respect for privacy. However, we invite you to contact us at the contact details below before filing any complaint with the competent data protection authority.
Article 7 – Updating personal data
The User agrees:
- That the personal data concerning him is accurate, complete and unambiguous;
- To ensure, as necessary, the updating of personal data concerning him via his Customer Area;
Article 8 – Communication of Users' personal data
MOURATOGLOU MERCHANDISE undertakes to keep all personal data collected and to share it only in certain circumstances and in accordance with the provisions of the Applicable Regulations. Communication of Users' personal data to authorized MOURATOGLOU MERCHANDISE employees:
Some of the Users' personal data are accessible to authorized MOURATOGLOU MERCHANDISE employees if these people need to have access to it for the performance of the purposes mentioned, that is to say to provide Users with the Services in an appropriate manner. The internal services of MOURATOGLOU MERCHANDISE which can have access to the personal data of the Users are in particular the IT department, the technical assistance department, the marketing / sales department, the Accountability department.
- Communication of Users' personal data to third party service providers:
MOURATOGLOU MERCHANDISE may in particular give access to Users' personal data to third party service providers, acting as subcontractors, to perform services relating to the Site and in particular payment services, delivery of goods, hosting, storage, analysis, marketing, communication, data processing, database management or IT maintenance. These service providers only act on the instructions of MOURATOGLOU MERCHANDISE and will only have access to the personal data of Users necessary for the performance of the services and will be bound by the same security and confidentiality obligations as MOURATOGLOU MERCHANDISE.
In addition, the User's personal data may be shared with third parties for the following reasons:
- In the context of a merger, acquisition or sale of all or part of the assets of the company;
- In response to legal or administrative proceedings of any kind or to law enforcement measures requested by the competent authorities;
- To comply with legal obligations, to protect the rights and / or safety of an individual, to protect the rights and property of MOURATOGLOU MERCHANDISE, including the need to see these General Conditions respected, and to prevent fraud, security or technical issues.
- As part of a partnership with third parties. If necessary, the sharing of information with these partners as well as the name of the partner (s) will be explicitly mentioned.
Article 9 – Retention of Users' personal data
The personal data collected by MOURATOGLOU MERCHANDISE are kept on the servers of a service provider located within the European Union. MOURATOGLOU MERCHANDISE requires this service provider to take, in accordance with Applicable Regulations, all security, organizational and technical measures to ensure an adequate level of protection of Users' personal data.
MOURATOGLOU MERCHANDISE keeps personal data for a different period of time depending on the situation:
- If you are a prospect of MOURATOGLOU MERCHANDISE for 3 years from your last contact with MOURATOGLOU MERCHANDISE;
- If you are a MOURATOGLOU MERCHANDISE customer: for the entire duration of the contractual relationship and until your Customer Space is deleted. As well as for an additional period of 5 years in archiving in accordance with the limitation periods in contractual matters. After this period, MOURATOGLOU MERCHANDISE will delete all of the personal data in its possession. On the other hand, the data that is necessary for it to fulfill its legal obligations, in particular accounting obligations will be kept and only deleted after the limitation period applicable in the matter.
Article 10 – Security and protection of personal data of Users and Participants
The security of personal data is one of MOURATOGLOU MERCHANDISE's priorities. MOURATOGLOU MERCHANDISE undertakes to take all reasonable organizational and technical measures to prevent any disclosure, use, alteration, accidental loss or destruction of a User's personal data.
Article 11 – Changes to the Privacy Policy
MOURATOGLOU MERCHANDISE may update this Policy at any time to adapt it to any new practices and Service offers. In this case, the date of update of the Policy will be updated and will indicate the day on which the modifications were made. It is the Users' responsibility to check for any updates to this Policy posted on the Site. If MOURATOGLOU MERCHANDISE makes significant changes, Users will be notified by email.
Article 12 – Links to third-party mobile applications and / or websites
While browsing the Website, the User is likely to see content that includes links to mobile applications and / or third party websites. MOURATOGLOU MERCHANDISE cannot access or control cookies or other functions used by third party mobile applications and / or websites, and the procedures of these external mobile applications are not governed by this Policy. Consequently, it is up to the User to contact and / or consult directly the general conditions of use and confidentiality policy of these mobile applications and / or websites of these third parties to obtain additional information concerning their procedures for the protection of personal data.
Article 13 – Contact MOURATOGLOU MERCHANDISE
In general, if the User and / or the Participant has any questions or comments regarding this Policy, or regarding the use that MOURATOGLOU MERCHANDISE makes of their data, they can contact MOURATOGLOU MERCHANDISE at the following address: info@mouratoglou.com