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Privacy policy
Article 1: Scope of Application
This privacy policy (hereinafter referred to as the "Policy") applies to any individual (hereinafter referred to as the "User") who (i) accesses the internet sales site of Mouratoglou Merchandise [access link to the Mouratoglou Merchandise website: https://mouratoglou-apparel.com/en (hereinafter referred to as the "Site"), (ii) creates a Member Space on the Site, (iii) enters into a service contract from the Site to benefit or provide the Services offered by the Single-Member Simplified Joint Stock Company MOURATOGLOU MERCHANDISE, 3550 Route des Dolines - 06410 Biot, France. It also applies to any person who benefits from the Services as a Participant.
MOURATOGLOU MERCHANDISE, as the data controller, strives and undertakes to protect the privacy of Users and Participants in accordance with applicable legal requirements, notably Regulation (EU) 2016/679 of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as the "General Data Protection Regulation" or "GDPR") and Law No. 78-17 of January 6, 1978, relating to data processing, data files, and individual liberties (known as the "Data Protection Act") (together referred to as the "Applicable Regulations").
The Policy aims to inform Users about the processing and protection of data collected by MOURATOGLOU MERCHANDISE in the context of providing the Site and Services to Users.
Unless otherwise indicated in this Privacy Policy, the terms defined in the General Terms and Conditions of Sale shall have the same meaning in the Policy.
Article 2: Minors
As indicated in the General Terms and Conditions of Sale (hereinafter referred to as "GTC"), Users must be over 18 years of age to validly create a customer account and make purchases to benefit from the Services offered on the Site.
Article 3: Data Collected by MOURATOGLOU MERCHANDISE
3.1. Data Provided by Users to MOURATOGLOU MERCHANDISE
MOURATOGLOU MERCHANDISE processes the data that the User communicates to it via the Site and/or via the registration form for the Services, notably during the following operations:
During the creation, management, and use of the User's Customer Space on the Site; When subscribing to the Newsletter and news Services of the Site; During the provision of Services by MOURATOGLOU MERCHANDISE, particularly when making purchases via the Site by the User; When participating in promotional offers, contests, referral programs; When the User contacts customer service/after-sales service or any other contact point of MOURATOGLOU MERCHANDISE; The User's payment information and/or banking information: banking details, billing data; Data related to the device used to access and use the Site: technical information concerning the characteristics and operational data of the User's device, the operator, the operating system, the IP address; Data related to the chosen language of use during navigation on the Site (French/English/Italian); Data related to favorite items, saved baskets, and order history; Data related to the management and tracking of article return requests; Any other information directly and voluntarily provided by the User, notably the content of emails or messages sent; The information that the User must provide when creating and/or updating the Customer Space. Mandatory data is indicated by an asterisk. Without this data, it is impossible for MOURATOGLOU MERCHANDISE to process the request or provide the requested Service.
3.2. Data Collected via Cookies
3.2.1. What is a cookie?
The Site may use cookies based on the preferences you have expressed when connecting to the Site for the first time or at any time thereafter.
Cookies are small files that are stored on the User's computer or on any communication device used by the User (phone, tablets) when browsing the Site. These files allow the exchange of status information between the Site and the User's browser. This data may reveal the type of browser used, the date and time of the visit, the IP address, and the activities carried out on the Site. This data allows MOURATOGLOU MERCHANDISE to remember the User during their successive uses of the Site and to record their browsing history:
To remember login credentials for the Customer Space; To improve security, the quality of Services, and navigation on the Site; For audience measurement, analysis, and statistics purposes; To send and display targeted advertisements. 3.2.2. What types of cookies are used on the Site?
MOURATOGLOU MERCHANDISE uses the following categories of cookies on its Site:
Strictly necessary cookies: These cookies are essential to allow you to navigate the Site and use its features. Without these cookies, the Services you have requested, such as remembering your login data and the features related to your Customer Space, cannot be provided. These cookies also remember the choices you make, such as the country from which you visit our Site. They can thus be used to offer you an experience more adapted to your choices and to make your visits more pleasant and personalized (including the language of the Site and the display of Site pages adapted to your device).
For this type of cookies, your consent is not necessary.
Audience measurement cookies Google Analytics:
The Site also uses Google Analytics to track the performance of the Site and allow MOURATOGLOU MERCHANDISE to optimize your online experience. These cookies collect information about how Users use the Site to gather information such as the frequency of Users' visits to the Site, the pages they view, and other sites they visited before visiting the Site. The information we obtain through Google Analytics is used solely to improve the Site and the Services offered. If you do not want Google Analytics to track activities across all websites, please visit the following website: http://tools.google.com/dlpage/gaoptout.
3.2.3. How to set cookie deposits?
Prior consent from the User is required before reading or depositing cookies that are not strictly necessary for the operation of the Site, namely on this Site for audience measurement cookies.
In accordance with the CNIL's recommendation in this matter, MOURATOGLOU MERCHANDISE collects the User's consent through an accessible platform, during their first visit to the Site and at any time through a blue button entitled "Privacy".
This platform allows the user to:
Accept the deposit of all types of cookies directly; or Directly refuse the deposit of all types of cookies for which consent is required; or Choose granularly the purposes of cookies for which the User wishes to give their consent or refuse it; and/or Choose precisely each of MOURATOGLOU MERCHANDISE's partners who may use cookies for the purposes they wish to use them for.
Article 4 – Use of User and Participant Data
As the data controller, MOURATOGLOU MERCHANDISE collects personal data from Users and Participants lawfully and fairly, while respecting their rights.
The information collected by MOURATOGLOU MERCHANDISE, including personal data, is used for the following purposes:
Managing the procedure for creating and managing the Customer Area; Making purchases of products from MOURATOGLOU MERCHANDISE and providing the services and products offered to the User; Processing payments, managing billing, and accounting; Managing the User's subscription to newsletters and commercial prospecting messages from MOURATOGLOU MERCHANDISE; Managing the participation of Users and Participants in promotions, contests, and sponsorships organized by MOURATOGLOU MERCHANDISE; Managing the Website and its operational functions (including logistics), resolving any technical issues, improving and developing new features based on usage and/or feedback and requests from Users; Conducting statistical analysis; Responding to User inquiries and communicating with them, especially to solicit their feedback on the services provided by MOURATOGLOU MERCHANDISE and significant changes and developments in the services offered by MOURATOGLOU MERCHANDISE; Enforcing legislation, regulations in force, and the General Terms and Conditions (GTC); MOURATOGLOU MERCHANDISE may also use the User's personal data to send them commercial prospecting messages (including sending information related to the launch of new products, promotional events, and various marketing activities). The User can explicitly and freely consent or not to the collection and processing of their personal data for marketing purposes by checking a box.
Finally, the User has the option to register their telephone contact details on the Bloctel opposition list managed by Opposetel. Bloctel is the opt-out list for telephone solicitation, where any consumer can register for free to no longer receive telemarketing calls from a professional with whom they do not have an ongoing contractual relationship.
You can find all the information regarding 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 processing carried out in the provision of the Services offered on the MOURATOGLOU MERCHANDISE Website is:
Necessary for the performance of the contract between the Client and MOURATOGLOU MERCHANDISE or for the performance of pre-contractual measures: this includes processing whose purpose is the management of the procedure for creating and managing the Customer Area; managing orders/deliveries/returns; providing services; processing payments; responding to information requests via the "Contact Us" form or generally during any contact; Based on the consent of the User: this includes subscribing to newsletters, news from the Website and its Services; participating in referral programs, contests, etc.; for the deposit and reading of non-essential cookies, the settings of which can be adjusted via the dedicated banner; Based on the legitimate interest of MOURATOGLOU MERCHANDISE: this includes processing whose purpose is the management of the Website and its operational functions (including logistics), the resolution of any technical issues, the improvement and development of new features based on usage and/or feedback and requests from Users, conducting statistics. Indeed, these processes contribute to the improvement of services by MOURATOGLOU MERCHANDISE and thus benefit both the User and MOURATOGLOU MERCHANDISE without infringing on the fundamental interests, rights, and freedoms of Users; It is also specified that for the deposit and reading of cookies, the User's consent is specifically obtained when required by applicable legislation, and the User has at all times the right to object. Necessary for compliance with a legal obligation: this includes processing whose purpose is billing and accounting management.
Article 6 – User Rights Over Their Personal Data
In accordance with Applicable Regulations, the User and 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 on how we use your personal data and on your rights. This is why we provide you with information in this Policy. Right of access: you have the right to access the personal data we hold about you (subject to the request not being manifestly unfounded or excessive, particularly due to its repetitive nature), and to obtain a copy of it. If you wish to access the data we hold about you, please contact us at the contact details provided in Article 13 dedicated to MOURATOGLOU MERCHANDISE Contact. Right to rectification: you have the right to demand that your personal data be rectified if it is inaccurate or outdated and/or to be completed if it is incomplete (subject to the request not being manifestly unfounded or excessive, particularly due to its repetitive nature). If you wish to modify your personal data, you can do so via your Customer Area or by contacting us at the contact details provided 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 retain your personal data for legal or legitimate reasons. If you wish us to erase your data, please contact us at the contact details provided in Article 13 of this policy. Right to restriction of processing: This right means that the processing of data concerning you that we carry out is restricted, so we can retain this data but cannot use or process it. This right applies in particular circumstances, namely:
- Where the accuracy of personal data is contested by the data subject (i.e., you). Processing is then restricted for a period allowing MOURATOGLOU MERCHANDISE to verify the accuracy of the personal data;
- Where the processing is unlawful and the data subject (i.e., you) opposes the erasure of personal data and instead requests the restriction of their use;
- Where MOURATOGLOU MERCHANDISE no longer needs the 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;
- Where the data subject (i.e., you) has objected to processing based on the legitimate interests pursued by MOURATOGLOU MERCHANDISE pending verification as to whether the legitimate grounds pursued by MOURATOGLOU MERCHANDISE prevail over those of the data subject or not.
If you wish to obtain a restriction of processing, please contact us at the contact details provided 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 which processing this concerns, we refer to this point in the table in section 3 of this Privacy Policy): you may at any time object to the processing of your personal data for reasons related to your particular situation unless MOURATOGLOU MERCHANDISE demonstrates compelling legitimate grounds for the processing of such data that override your interests, rights, and freedoms, or when such data is necessary for the establishment, exercise, or defense of a legal claim. 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 may, at any time, unsubscribe from receiving commercial prospecting messages from MOURATOGLOU MERCHANDISE. Simply click on the link at the bottom of the communications you receive from MOURATOGLOU MERCHANDISE or send a message to the contact details below. It is, however, specified that certain electronic communications from MOURATOGLOU MERCHANDISE will persist, notably communications transmitting invoices and order summaries necessary for the provision of services by MOURATOGLOU MERCHANDISE. Right to lodge a complaint with a supervisory authority: you have the right to 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 regarding the protection of personal data and respect for privacy. However, we invite you to contact us at the contact details below before lodging a complaint with the competent data protection authority.
Article 7 – Update of User Personal Data
The User agrees:
That the personal data concerning them are accurate, complete, and unambiguous; To ensure, as necessary, the updating of the personal data concerning them via their Customer Area; Article 8 – Communication of User Personal Data
MOURATOGLOU MERCHANDISE undertakes to retain all personal data collected and to only share it under certain circumstances and in accordance with the provisions of the Applicable Regulations.
The communication of User personal data to authorized employees of MOURATOGLOU MERCHANDISE: Some of the User's personal data is accessible to authorized employees of MOURATOGLOU MERCHANDISE if these individuals need access to perform the mentioned purposes, i.e., to provide Users with the Services appropriately. The internal departments of MOURATOGLOU MERCHANDISE that may have access to User personal data include the IT department, technical support, marketing/sales department, and accounting department.
The communication of User personal data to third-party service providers: MOURATOGLOU MERCHANDISE may grant access to User personal data to third-party service providers, acting as processors, to perform services related to the Website, including payment services, goods delivery, hosting, storage, analytics, marketing, communication, data processing, database management, or IT maintenance. These providers only act on instructions from MOURATOGLOU MERCHANDISE and will only have access to the User's personal data necessary for the provision of services and will be subject to the same security and confidentiality obligations as MOURATOGLOU MERCHANDISE.
Furthermore, 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 company's assets; In response to any judicial or administrative proceedings of any kind or law enforcement measures requested by 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 enforce these Terms and Conditions, and to prevent fraud, security, or technical issues. As part of a partnership with third parties. If applicable, the sharing of information with these partners as well as the name(s) of the partner(s) will be explicitly mentioned. Article 9 – Retention of User Personal Data
The personal data collected by MOURATOGLOU MERCHANDISE is stored on servers of a provider located within the European Union.
MOURATOGLOU MERCHANDISE requires this provider to take, in accordance with Applicable Regulations, all security, organizational, and technical measures to ensure an adequate level of protection of User personal data.
MOURATOGLOU MERCHANDISE retains personal data for a different period depending on the case:
If you are a prospect of MOURATOGLOU MERCHANDISE for 3 years from your last contact with MOURATOGLOU MERCHANDISE; If you are a customer of MOURATOGLOU MERCHANDISE: for the entire duration of the contractual relationship and until the deletion of your Customer Area. As well as for an additional period of 5 years in archiving in accordance with the statutory limitation periods in contractual matters. After this period, MOURATOGLOU MERCHANDISE will delete all personal data it holds. However, data necessary to fulfill its legal obligations, including accounting, will be kept and only deleted after the applicable limitation period. Article 10 – Security and Protection of User and Participant Personal Data
The security of personal data is a priority for MOURATOGLOU MERCHANDISE. MOURATOGLOU MERCHANDISE undertakes to take all reasonable organizational and technical measures to prevent any disclosure, use, alteration, accidental loss, or destruction of User personal data.
Article 11 – Amendments to the Privacy Policy
MOURATOGLOU MERCHANDISE may update this Policy at any time to adapt it to possible new practices and service offerings. In this case, the Policy update date will be updated and will indicate the day the modifications were made. It is the responsibility of Users to check for any updates to this Policy posted on the Website. If MOURATOGLOU MERCHANDISE makes significant changes, Users will be notified via email.
Article 12 – Links to Third-Party Mobile Applications and/or Websites
During navigation on the Website, the User may encounter content that includes links to third-party mobile applications and/or websites. MOURATOGLOU MERCHANDISE cannot access or control the cookies or other features used by third-party mobile applications and/or websites, and the procedures of these external mobile applications are not governed by this Policy. Therefore, it is the User's responsibility to contact and/or consult directly the terms of use and privacy policy of these third-party mobile applications and/or websites for additional information regarding their data protection procedures.
Article 13 – Contacting MOURATOGLOU MERCHANDISE
In general, if the User and/or 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: hello@mouratoglou-apparel.com.
