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Privacy policy

PRIVACY POLICY – Poécile

Last updated on 11/06/2021.

PREAMBLE

This privacy policy informs you of how Léa Chonier uses and protects the information you provide to us when using the website accessible at the following URL: Poécile (hereinafter the “Site”).

Please note that this privacy policy may be modified or supplemented at any time by Léa Chonier, particularly in order to comply with any legal or technological developments. In such case, the update date will be clearly indicated at the top of this policy. These changes become binding on the user once they have been informed of the updated privacy policy being posted online and have accepted it.

ARTICLE 1. PARTIES

This privacy policy applies between the publisher of the Site, hereinafter referred to as the “Publisher,” and any person connecting to the Site, hereinafter referred to as the “User.”

ARTICLE 2. DEFINITIONS

  • “Site Content”: elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases, or software.

  • “Publisher”: Léa Chonier, sole proprietorship acting as the publisher of the Site.

  • “User”: any person connecting to the Site.

  • “Site”: the website accessible at the URL Poécile, as well as any sub-sites, mirror sites, portals, and related URL variations.

ARTICLE 3. SCOPE

This privacy policy applies to all Users. Clicking “I accept” when registering on the Site will constitute your full and entire acceptance of this policy. Likewise, clicking “I accept” on the cookie information banner displayed on the Site confirms your acceptance of it, while allowing you to customize which cookies are applied. You thus acknowledge having read and accepted it without restriction.

The User acknowledges the evidential value of the Publisher’s automatic recording systems and waives the right to contest them in case of dispute, unless proven otherwise.

Acceptance of this privacy policy assumes Users have the legal capacity to do so or are at least 16 years old, or have authorization from a guardian if incapacitated, from a legal representative if under 16, or are authorized to act on behalf of a legal entity.

ARTICLE 4. PERSONAL DATA

In accordance with the General Data Protection Regulation (GDPR) adopted by the European Parliament on April 14, 2016, and applicable national legislation, the Publisher provides the following information:

4.1. Identity of the Data Controller
The controller of the data collected on the Site is Léa Chonier, sole proprietorship, located at 19 Rue de la Croix Rouge, 63550 Saint-Rémy sur Durolle, FR 894 231 034.

4.2. Data Collection by the Publisher

4.2.1. Data Collected
4.2.1.1 Data collected during browsing on the Site

While browsing the Site, you consent to the Publisher collecting information related to: the content you view and click on; demographic data; the device used and its software environment; your location; your connection data (times, IP address...).

4.2.1.2 Data collected when using the contact form or contact email address

Use of the contact form or contact email by the User implies that the Publisher collects the following personal data: last name, first name, email address*, phone number.

Personal data marked with an asterisk are mandatory for using the contact form. Users who do not wish to provide the required information for using the contact form will not be able to send a message directly to the Publisher from the Site.

4.2.1.3 Data collected when registering on the Site

Use of the registration form by the User implies that the Publisher collects the following personal data: last name*, first name*, postal address*, email address*, date of birth, phone number.

Personal data marked with an asterisk are mandatory for registering on the Site. Users who do not wish to provide the required information for using the registration form will not be able to register directly on the Site.

4.2.1.4 Data collected when using the newsletter form

When using the newsletter form, the Publisher may collect and process your email address.

4.2.2 Purposes of personal data collection

The data collected during browsing is subject to automated processing for the purposes of:

  • Verifying the identity of individuals;

  • Ensuring and improving the security of services;

  • Developing, operating, improving, providing, and managing the Site;

  • Contextualizing and improving the User experience;

  • Sending information and contacting individuals, including by email;

  • Targeting advertising content;

  • Preventing any unlawful or illegal activity;

  • Enforcing the conditions related to the use of the Site.

Data collected during the use of the contact form or contact email are subject to automated processing for the purposes of:

  • Verifying the identity of individuals;

  • Ensuring and improving the security of services;

  • Contextualizing and improving the User experience;

  • Sending information and contacting individuals, including by email;

  • Targeting advertising content;

  • Preventing any unlawful or illegal activity.

Data collected during registration are subject to automated processing for the purposes of:

  • Fulfilling contractual commitments;

  • Verifying the identity of individuals;

  • Ensuring and improving the security of services;

  • Developing, operating, improving, providing, and managing the Site;

  • Contextualizing and improving the User experience;

  • Sending information and contacting individuals, including by email;

  • Preventing any unlawful or illegal activity;

  • Enforcing the conditions related to the use of the Site.

Data collected during the use of the newsletter form are subject to automated processing for the purpose of:

  • Sending newsletters to the User.

4.2.3 Legal bases for processing

Data collected during browsing are based on the legitimate interest of the Publisher, namely to analyze behaviors on the Site and to ensure improved security and operation of the Site. Some of this data, such as those from the placement of certain cookies, may be based on the consent of individuals.

Data collected when using the contact form or the contact email address are based on the consent of the concerned individuals.

Data collected during registration are based on a contractual relationship.

Data collected when using the newsletter form are based on the consent of the concerned individuals.

4.2.4 Recipients of the data

The collected data is accessible only by members of the Publisher’s management, by staff responsible for processing your order, and by personnel managing the Site, and is never freely viewable by any third-party individual.

4.2.5 Duration of retention of personal data

Personal data collected during browsing is kept for a reasonable duration necessary for the proper administration of the Site, up to a maximum of 12 months, or until withdrawal of consent by the concerned individuals.

Personal data collected when using the contact form or sending to the contact email address is kept for a reasonable duration necessary for proper handling of the User’s request, and for a maximum of 12 months.

Data collected during registration is retained for the duration of the contractual relationship between the Publisher and the User.

Data collected when using the newsletter form is retained until withdrawal of consent by the concerned individuals.

At the end of each of these periods, the Publisher will archive these data and keep them for the time during which liability may be incurred.

After this retention period, the Publisher commits to permanently deleting the concerned individuals’ data.

4.2.6 Security and confidentiality of personal data

Personal data is stored under secure conditions, using current technical means, in compliance with the provisions of the General Data Protection Regulation (GDPR) and applicable national legislation.

4.2.7 Minimization of personal data

The Publisher may also collect and process any data voluntarily provided by a User, notably via the free text field in the contact form.

The Publisher guides Users as much as possible when they provide unnecessary or superfluous personal data.

The Publisher commits to retaining and processing only the data strictly necessary for its activities and will delete any unnecessary data received as soon as possible.

4.3 Respect for rights

You have the following rights regarding your personal data, which you can exercise by writing to our postal address or by sending an email to the following address: hello@poecile.fr.

4.3.1 Right to information, access, and data communication

You have the right to access the personal data concerning you.

Due to the obligation of security and confidentiality in the processing of personal data incumbent upon the Publisher, your request will only be processed if you provide proof of your identity, notably by producing a scan of a valid identity document (in case of request by email) or a signed photocopy of a valid identity document (in case of a written request), both accompanied by the statement:
"I hereby certify on my honor that the copy of this identity document is true to the original. Done at … on …," followed by your signature.

To assist you in your procedure, you can find a sample letter prepared by the CNIL here.

4.3.2 Right to rectification, deletion, and the right to be forgotten

You have the right to request the correction, updating, blocking, or deletion of your personal data that may be inaccurate, erroneous, incomplete, or obsolete.

You may also set general and specific instructions regarding the fate of your personal data after your death. Where applicable, the heirs of a deceased person may request that the death be taken into account and/or that necessary updates be made.

To assist you in your procedure, you can find a sample letter prepared by the CNIL here.

4.3.3 Right to object to data processing

You have the right to object to the processing of your personal data.

To do so, you should send an email to the following address: hello@poecile.fr. In this email, you must specify the data you wish to be deleted and the reasons justifying this request, except in the case of commercial prospecting.

4.3.4 Right to data portability

You have the right to receive the personal data you have provided to us in a transferable, open, and readable format.

4.3.5 Right to restriction of processing

You have the right to request that the processing of your personal data by the Publisher be restricted. In this case, your data will only be stored and no longer used by the Publisher.

4.3.6 Withdrawal of consent

Your consent is essential for the processing of your data by the Publisher. However, you may withdraw it at any time. This withdrawal will lead to the deletion of your personal data.

Services requiring the processing of your data by the Publisher will no longer be accessible.

4.3.7 Response time

The Publisher commits to responding to your request for access, rectification, objection, or any other additional information within a reasonable time not exceeding one month from receipt of your request.

4.3.8 Complaint to the competent authority

If you believe that the Publisher is not respecting its obligations regarding your personal data, you may file a complaint or make a request to the competent authority. In France, the competent authority is the CNIL, to which you can submit a request here.

4.4 Transfer of collected data

4.4.1 Transfer to partners

The Publisher informs you that we use authorized service providers to facilitate the collection and processing of the data you have communicated to us. These providers may be located outside the European Union and may have access to the data collected on the Site.

The Publisher has previously ensured that its service providers implement adequate safeguards and comply with strict confidentiality, usage, and data protection conditions, for example through the U.S. Privacy Shield.

The User consents to the data collected being transmitted by the Publisher to its partners and processed by these partners within the scope of third-party services, namely:

No known partners at this time.

4.4.2 Transfer upon requisition or judicial decision

The User also consents to the Publisher disclosing collected data to any person upon requisition by a governmental authority or judicial decision.

4.4.3 Transfer in the context of a merger or acquisition

If the Publisher is involved in a merger, asset sale, financing operation, liquidation, bankruptcy, or acquisition of all or part of its business by another company, the User consents to the data collected being transferred by the Publisher to that company and for that company to process personal data as described in this privacy policy instead of the Publisher.

ARTICLE 5. COOKIE/TRACKER POLICY

When you first connect to the Publisher’s Site, you are informed by a banner at the bottom of your screen that information relating to your browsing may be recorded in files called "cookies." Our cookie usage policy helps you better understand the measures we implement regarding browsing on our Site. It informs you about all cookies present on our Site, their purposes, and explains how to configure your preferences.

5.1 Use of trackers/cookies

The Publisher of this Site may place a cookie or other tracker on the hard drive of your device (computer, tablet, mobile, etc.) to ensure you have smooth and optimal navigation on our website.

“Cookies” (or tracking cookies) are small text files of limited size that allow us to recognize your computer, tablet, or mobile device to personalize the services we offer you.

To better inform you about the information cookies identify, below is a table listing the different types of cookies that may be used on the Publisher’s site, their names, purposes, and retention periods.

5.2 Purpose of trackers

With the help of information contained in trackers and cookies, the Publisher can analyze the traffic and usage of the Site and, where appropriate, facilitate and improve navigation, carry out prospecting operations, produce commercial statistics, or display targeted advertising.

5.3 Trackers used

Partner Purpose of processing Partner conditions
Shopify Access to secure areas, browsing history management https://www.shopify.com/legal/cookies

5.4 Configuration of your cookie preferences

When you first connect to the Publisher’s Site, a banner briefly presenting information about cookie deposits and similar technologies appears at the bottom of your screen. This banner allows you to make a choice about which cookies you accept or refuse to be placed on your device. You will be deemed to have given your consent to the placement of cookies by clicking the “I accept” icon, either globally or individually. Conversely, you will be deemed to have refused the placement of cookies by clicking the “I refuse” icon. Again, this choice may apply to all cookies or only some of them. If you make no choice, you will be deemed to have refused cookie placement. Your decision will be saved for 6 months and can be modified at any time.

5.4.1 Cookies exempted from consent

In accordance with the recommendations of the French Data Protection Authority (CNIL), certain cookies are exempt from prior consent as they are strictly necessary for the functioning of the website or are exclusively intended to enable or facilitate electronic communication. This includes session identifier cookies, authentication cookies, load-balancing session cookies, as well as cookies for personalizing your interface. These cookies are fully subject to this policy as long as they are issued and managed by the Publisher.

5.4.2 Cookies requiring prior consent

This requirement concerns cookies issued by third parties that are classified as "persistent" because they remain on your device until they are deleted or expire.

As these cookies are issued by third parties, their use and placement are subject to their own privacy policies. This category includes audience measurement cookies, advertising cookies, and social media sharing cookies (such as Facebook, Twitter, YouTube, and Instagram).

Audience measurement cookies generate statistics about the traffic and use of various elements of the Site (such as pages/content you visited). These data help improve the ergonomics of the Publisher’s Site.

5.5 Maximum retention period of trackers

Trackers are intended to be stored on the User’s device for up to 12 months. These data are stored securely, using current technical means, in compliance with the General Data Protection Regulation and applicable national legislation.

5.6 Opposition to the use of trackers

5.6.1 Right to object to the use of trackers

You may accept or refuse the placement of cookies any time.

The User can delete or disable the use of trackers whenever they wish by changing their browser settings. It is possible to browse the Site without trackers. However, some additional Site functions may not work if the User has disabled trackers, such as form autocomplete or navigation indicators.

5.6.2 Settings

For more information about cookie control tools, you can consult here.

5.6.2.1 Browser settings

Each Internet browser offers its own cookie management settings. The User can configure their browser to reject cookies either systematically or depending on their issuer. The User can also configure the browser to be prompted to accept or refuse cookies before a cookie is stored on their device.

Management of cookies and User choices varies depending on the browser. It is described in the browser’s help menu, which will explain how to modify cookie preferences for:

  • Internet Explorer

  • Safari

  • Chrome

  • Firefox

  • Opera

5.6.2.2 Settings using add-ons

The User may also remove or block cookies by installing a browser extension such as Ghostery, available for download here.

ARTICLE 6. INTELLECTUAL PROPERTY

6.1 Legal protection of Site Contents

The Site’s Contents may be protected by copyright and database rights. Any unauthorized representation, reproduction, translation, adaptation, or transformation, in whole or in part, carried out without the consent of the Publisher or its rights holders constitutes a violation of Books I and III of the Intellectual Property Code and may lead to legal proceedings for infringement.

6.2 Contractual protection of Site Contents

The User contractually agrees with the Publisher not to use, reproduce, or represent in any way the Site’s Contents, whether protected by intellectual property rights or not, other than for reading by a robot or browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the Site content for indexing.

ARTICLE 7. FINAL PROVISIONS

7.1 Amendments

This Privacy Policy may be modified at any time by the Publisher. The conditions applicable to the User are those in effect at the time of their connection to the Site. Any substantial modification of this privacy policy will be notified at the User’s first connection after its entry into force. This new privacy policy will then require acceptance.

7.2 Entirety

If any clause of this contract is declared null, it shall not affect the validity of the other clauses or the contract as a whole, which shall remain in full effect. In such a case, the parties shall replace the nullified clause with a valid provision corresponding as closely as possible to the original intent.

7.3 Non-waiver

Failure by the Publisher to exercise any of its rights under this agreement shall not be construed as a waiver of those rights.

7.4 Languages

These terms are provided in French.

7.5 Unfair clauses

The provisions of these terms apply subject to the mandatory provisions of the Consumer Code concerning unfair clauses in contracts between professionals and consumers.

ARTICLE 8. DISPUTES

8.1 Applicable law

This Privacy Policy is governed by French law and European regulations, notably the European Data Protection Regulation.

8.2 Disputes

Under Ordinance No. 2015-1033 of August 20, 2015, any disputes arising from the execution of these general conditions that cannot be resolved amicably shall be submitted to mediation.

Since January 1, 2016, mediation is mandatory for all. Therefore, any professional selling to individuals must provide the contact details of a competent Mediator in case of dispute, whether the sale is remote or in a physical store (Source: FEVAD).

FEVAD / https://www.fevad.com/