Within the framework of the use of the https://www.francknamani.com/ Website (hereinafter referred to as the “Website”), the Company JAMIQUA, operator of the Website, is likely to implement personal data processing as defined below.
In order to preserve the User’s confidence, the Company JAMIQUA invites the User to read its policy on the subject, which describes the data collected, the use made of it, and the rights that the User has with regard to it, in accordance with Law n° 78-17 of 6 January 1978 as amended and EU Regulation 2016/679 of 27 April 2016.
1. WHO COLLECTS YOUR DATA?
The Company responsible for processing personal data is SOC JAMIQUA, a simplified joint stock Company with a capital of €38,112.25, registered with the Paris Trade and Companies Registry under number B 572 202 976, whose registered office is located at 4 rue Marbeuf, 75008 Paris, France (the “Company”).
Within the framework of the Website, and in compliance with Law n° 78-17 of 6 January 1978 as amended and EU Regulation 2016/679 of 27 April 2016, the Company collects and processes some personal data relating to the User according to the terms and conditions defined below.
2. WHAT DATA DO WE COLLECT AND WHY?
The User is informed, on each personal data collection form, of the compulsory or optional nature of the answers by the presence of an asterisk (*). If information of a mandatory nature is not provided, the requested service involving the processing of such data cannot be implemented.
2.1. Creation of a Customer Account
The Company collects, in the context of the Customer Account creation form, only the personal data that is strictly necessary for the authentication of the User on his Customer Account.
The mandatory data collected are: User ID or email address and password. The User’s password is nevertheless encrypted and is therefore not readable by the Company.
The User ID and password allow the User to identify himself/herself to his/her Customer Account.
The email address allows the User to request a new password by email in case he/ she forgets it. The email address also serves as a reference contact for the User by the Company, in particular in connection with items orders.
2.2 Items Orders
When ordering items, the Company processes personal data which either have been collected in the context of the creation of a Customer Account (email address) or are collected during the ordering process.
The data obligatorily collected as part of the ordering process are related to the User’s complete delivery address as well as the contact details enabling the User to be contacted to ensure delivery (surname, first name, email address, telephone number, country, town, postcode, street, street number). Optionally, the User can fill in his address additions (building and floor number, company name…).
Optionally, the User can fill in a billing address different from his delivery address, the data collected being then those necessary to ensure the billing of the User (name, first name, country, city, postal code, street, street number and possibly, number of building and floor …).
All this data is collected in order to allow the User to place an order for items on the Website. This processing is implemented in order to ensure the management and tracking of orders, including payments, shipments, deliveries and returns of items, and more specifically the sub-purposes described below.
2.2.1. Order confirmation
The Company uses the User’s email address to send him/her an email confirming his/her order.
2.2.2. Order tracking
The Company uses the User’s email address to send him/her an email informing him/her of the shipment of his/her order and containing an order tracking number allowing him/her to follow his/her package.
The Company communicates the User’s email address and telephone number to the carrier in charge of delivering the orders. The purpose of this communication is to enable the carrier to follow up directly with the User on the progress of his order by sending emails or to contact him by phone if necessary.
In the event of difficulties encountered during delivery, the Company may contact the User by telephone or email.
2.2.3. Dispatch, delivery of orders and return of items
The Company processes the name, first name and full delivery address of the User in order to ship the Orders.
The Company communicates to its carrier in charge of the delivery of the orders the name, first name and full delivery address. This data is necessary for the carrier to ensure the delivery of the orders and, if necessary, the return of the items.
The Company also communicates to its carrier the User’s telephone number and email address in order to allow the carrier to contact the User directly for the delivery of the orders and, if necessary, the return of the items.
2.2.4. Order payment
When paying for an order, the Company collects data relating to the means of payment used by the User.
As part of a PayPal payment, the Company simply collects the transaction number.
When using any other means of payment, the Company collects the transaction reference number, the transaction number, the country of the User’s IP address, the date of payment, the bank call number, the payment authorization number, the first six numbers and the last two numbers of the card used by the User (the other numbers being encrypted and unreadable) as well as the validity date of the card.
The Company guarantees that it uses a secure online payment service, whatever the method of payment chosen, in order to guarantee the security of payments made on the Website and to combat fraud.
To proceed concretely with the payment, the User is redirected to the bank’s website. Once the payment has been validated by the bank, a redirection system sends the User back to the Website. By this means, the Company does not collect the User’s bank details under any circumstances.
2.2.5. Billing of the User
The Company uses the data relating to the User’s delivery address or, where applicable, his billing address, to issue an invoice to the User and to meet its own legal obligations in commercial, tax and accounting matters.
2.2.6. Customer Relationship Management
The Company processes User data collected in the context of orders for items in order to ensure:
Customer relationship management in general, including commercial management;
The management of customer service / after-sales service;
The measurement of quality and customer satisfaction.
2.3. Messages addressed to the Company
The User may contact the Company by email or by post for various reasons (request for information, exercise of the right of withdrawal, warranty claims, complaints to customer service …).
In this context, the Company collects data relating to the identity of the User, his or her contact details in order to reply to him or her, as well as the subject and content of the message that the User wishes to send to the Company and whose content is freely determined by the User.
This data is processed in order to respond to the User’s request.
The Company may, depending on the nature of the User’s request, request communication of any personal data necessary for the processing of his request and, where appropriate, indicate the purpose of this collection.
2.4. Commercial prospecting
Insofar as the User expressly consents, the Company uses his/her email address to send him/her promotional offers and newsletters by email. The User may also provide his or her gender in order to benefit from content adapted to his or her gender.
3. WHAT IS THE PURPOSE OF PROCESSING YOUR DATA?
3.1. Customer Account – Messages
The User may withdraw his consent at any time by sending a request to this effect to the following address:
By email: email@example.com
By post: JAMIQUA, 4 rue Marbeuf, 75008 Paris, France.
Withdrawal of the User’s consent is for the future only and does not call into question the lawfulness of the processing carried out prior to the withdrawal of his consent. Moreover, the withdrawal of consent shall entail the deletion of the Customer Account and may also make it impossible for the Company to reply to messages sent by the User.
3.2 Orders and management of the business relationship
The Company processes the data collected for the needs of the orders and the sub-purposes that they imply (Article 2.2), such as payment, delivery of orders and the treatments relative to its commercial management, for the execution of the contractual relationship between the User and the Company. Indeed, without processing such data, neither the Company nor the User would be able to satisfy the commitments contracted within the framework of their contractual relationship.
3.3. Commercial prospecting
Processing relating to commercial prospecting (Article 2.5) requires separate consent from the User.
The User may therefore consent to all other processing implemented on the Website without consenting to commercial prospecting. The User consents to this when he or she ticks the box “Sign up to the Franck Namani email newsletter” when creating his or her Customer Account.
The User can also consent to this processing, even without having a Customer Account, by entering his email address and gender at the bottom of the page of the Website and clicking on “Subscribe”.
The User may withdraw his consent at any time, either by clicking on the link provided for this purpose in each prospecting email received from the Company, or by sending a request to this effect to the following address:
By email: firstname.lastname@example.org
By post: JAMIQUA, 4 rue Marbeuf, 75008 Paris, France.
Withdrawal of the User’s consent is for the future only and does not call into question the lawfulness of the processing carried out prior to the withdrawal of his consent.
4. TO WHOM DO WE COMMUNICATE YOUR DATA?
The Company is the recipient of all data collected and processed under its responsibility. Only the Company’s duly authorized personnel may possibly have access to them.
The subcontractors mentioned in Article 5 below may have access to the data for the performance of the services for which they are responsible, but may not carry out any other data processing operations, such as modifying or using the data for other purposes.
5. WHO ARE OUR SUBCONTRACTORS?
The Company has recourse to various subcontractors whose respective missions are to ensure the hosting of the Website’s databases and Website maintenance.
The User’s banking data filled in as part of the payment of his order are collected by the service provider who publishes the secure payment service which processes them under its own responsibility.
The data necessary to ensure the delivery of the orders are communicated to the Company’s carrier who ensures the delivery of the orders.
The Company guarantees that its subcontractors provide sufficient guarantees regarding the implementation of appropriate technical and organizational measures so that the processing meets the requirements of EU Regulation 2016/679 and the French Data Protection Act (Loi Informatique et Libertés).
The Company, in its capacity as data controller, remains the sole interlocutor of the User.
6. WHAT ARE YOUR RIGHTS?
In accordance with the regulations in force, all Users have rights with regard to the personal data concerning them.
To exercise these rights, the User must send a request, specifying the subject of his letter or e-mail that it is a request for information or a complaint relating to his personal data, and will provide proof of receipt of his request.
Any such request should be addressed to the following address:
By e-mail: email@example.com
By post: JAMIQUA, 4 rue Marbeuf, 75008 Paris, France.
The Company reserves the right to request a copy of the identity document of the person concerned in order to avoid any fraud and/or illicit access to his data.
However, some personal data may be exempted from such requests in some circumstances, for example if they infringe the rights and freedoms of third parties. If an exception applies, the Company will let the User know by responding to his request.
6.1 Rights of access, opposition, limitation, deletion and rectification of data
In accordance with the regulations in force, the User has the right:
- To access any of his personal data held by the Company;
- To update any of his personal data that is not up to date or incorrect;
- To restrict the way in which the Company processes his personal data;
- To ask the Company to provide a copy of any of the personal data it holds about him;
- To object to the use of his personal data.
6.2 Right to data portability
Each User has a right to the portability of his data, which must be returned to him in a structured, commonly used and machine-readable format, if he so wishes.
The User may only exercise this right of portability with respect to data that he has actively and consciously declared or that he has generated by his activity, to the exclusion of any other data that is calculated, derived or inferred from the data he has provided. Furthermore, only data processed in an automated way and collected on the basis of consent or the execution of a contract are concerned by this right.
The Company reserves the right not to satisfy the User’s request to the extent that the data concerned by his request do not meet the above-mentioned conditions.
For all data not meeting the above-mentioned criteria, the User may only exercise the rights mentioned in the previous clause (Article 6.1).
The Company will not prevent the transmission of the data concerned by the right to portability to another data controller, either through the User or directly when technically possible. In the event that the direct transmission of the data to another data controller is not technically possible, the Company will inform the User and propose an alternative solution.
The Company is not responsible for the processing that the User carries out on the data resulting from the right of portability once he has recovered them. The Company is also not responsible for the processing carried out by the company that has recovered the User’s data following a request made by the User in this regard.
6.3 Right to issue advance directives
In accordance with the regulations in force, the User communicating his personal data may formulate advance directives on the use of his data after his death (e.g. storage, deletion, disclosure). The User may modify or retract these instructions at any time.
6.4 Right to file a complaint with the CNIL (French Data Protection Authority)
The User is informed of his right to lodge a complaint with the competent control authority (the Cnil in France: www.cnil.fr), in the event of non-compliance with the legal and regulatory provisions on the part of the Company, or its subcontractors in the context of the management of his personal data.
7. HOW LONG DO WE KEEP YOUR DATA?
7.1. Customer Account Data
The data collected for the creation of a Customer Account (Article 2.1) are kept by the Company for the time the User has a Customer Account, except in the event of legitimate opposition to the processing of data formulated by the User.
The User may request the deletion of his Customer Account at any time.
A Customer Account that is unused for a period of one (1) year is considered to be an inactive account. Any connection to the Customer Account will cause this one (1) year period to start running again. At the end of this period, the data relating to this inactive account is deleted.
7.2. Placing an Order
All data collected in the context of an order for items by the User (Article 2.2.) are kept for the time required to process the order, extended by the period to allow the User to exercise his right of withdrawal.
The Company’s carrier in charge of the delivery of the orders keeps the data only for the time necessary to process the order, extended by the period to allow the User to exercise his right of withdrawal.
The Company keeps on a database separate from the Website, the data relating to the management of its customer relationship for a period of five (5) years from the last order of the Customer. This period corresponds to the common legal prescription period.
The Company also keeps the written record of the Client’s order and all supporting documents (invoices, delivery notes, etc.) for a period of ten (10) years from the execution of the order. These contractual documents are kept on a database separate from the Website, in electronic or paper format. The User may, throughout this period, request communication of his contractual documents by e-mail to firstname.lastname@example.org.
7.3 Bank details for the payment of an order
The data relating to the means of payment used by the User (Article 2.2.4) are deleted once the transaction has been completed, i.e. as soon as the actual payment has been made, increased by the withdrawal period by Article L. 221-18 of the French Consumer Code.
The User’s bank details are entered on the bank’s website and are in no way collected or kept by the Company.
7.4 Messages sent to the Company
Messages of any kind sent by the User to the Company (Article 2.3) are kept by the Company for the time strictly necessary to process the User’s request.
If necessary, depending on the nature of the request sent by the User, the data communicated may be kept in an intermediate archive for a period of five (5) years for the strict purpose of protecting against any dispute with the User, to the exclusion of any other purpose. This duration corresponds to the common legal limitation period.
7.5. Commercial prospecting data
Personal data used in the context of commercial prospecting (Article 2.4) are kept for a period of three (3) years from the time of their collection or from the last contact made by the User (for example, a request for documentation or a click on a hypertext link contained in an email; however, the opening of an e-mail cannot be considered as a contact made by the User).
At the end of this three (3) year period, the Company may contact the User again to find out whether he or she wishes to continue receiving commercial solicitations. In the absence of a positive and explicit response from the User, commercial prospecting will be terminated. However, if the User still has a Customer Account, the data will be kept according to the terms and conditions defined in Article 7.1.
7.6. Exercise of the User’s rights to his data
In the event of exercise of the right of access or rectification, data relating to identity documents are kept for the period provided for in Article 9 of the French Code of Criminal Procedure, i.e. one (1) year.
In the event of exercise of the right of opposition, data relating to identity documents may be archived for the limitation period provided for in article 8 of the French Code of Criminal Procedure, i.e. three (3) years.
In the event of exercise of the right of opposition to receive commercial prospecting from the Company, the information enabling its right of opposition to be taken into account shall be kept for three (3) years from the exercise of the right of opposition. Under no circumstances may this data be used for any purpose other than the management of the right of opposition and only the data necessary to take account of the right of opposition is kept (in particular, the e-mail address).
Cookies are kept for a maximum period of thirteen (13) months on the User’s device. Beyond this period, the cookies are definitively deleted. This period is in no way extended in the event of a new visit to the Website.