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Preamble
This charter on the use of personal data applies to the website, which is accessible via the following URL: shop.desmirail.com offered by the company SCEA Château Desmirail (hereinafter referred to as the “Seller”). Its purpose is to inform you about:
● How we may collect and process your personal data;
● The rights you have regarding your own data;
● The identity of the data controller;
● The transfer of your data to third parties;
● Our policy on managing "cookies". This privacy policy supplements the Legal Notices and General Conditions of Sale, which you can consult on our Site.
We commit to processing all collected data in compliance with:
● The Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data; ● The French law no. 78-17 of 6 January 1978 known as the "Informatique et
Libertés" law, amended by law no. 2018-493 of 20 June 2018 on the protection of personal data.
The person concerned whose personal data are processed by the Seller agrees that they be processed in accordance with this policy.
Article 1: Data Controller
The identity and contact details of the Data Controller are as follows:
The company SCEA Château Desmirail - Siret 388034134 - 28 avenue de la Vème République, 33460, Margaux-Cantenac - represented by its legal representative.
Requests regarding personal data should be addressed by postal mail to the following address: SCEA Château Desmirail - Siret 388034134 - 28 avenue de la Vème République, 33460, Margaux-Cantenac or via email to receptif@desmirail.com
Article 2: Personal Data Collected and Processed
In the context of operating the Site, we collect personal data relating to users. 2.1 General data collected for the website shop.desmirail.com
● Upon your connection: your IP address and browsing data, subject to your consent and the settings of your device;
● During exchanges with us via the contact form: your name(s) and surname(s), the name of your company, your address (street, postal code, city), your phone
number, and your email address. These data are essential to respond to the messages you send us via the contact form.
● When you browse our Site and have authorized the collection of your data through cookies.
● During the placing of an order for Product(s);
● During the consultation and use by users of the features offered on our Site; ● When you participate in our promotional and direct marketing offers, such as participating in a contest;
● Where necessary under applicable regulations, we commit to collecting the explicit, specific, and prior consent of Site users and/or allowing them to object to the use of their data for certain purposes.
Every user has the right to withdraw their consent at any time.
2.2 We may process the following personal data according to the purposes described in Article 3 of this Charter:
2.2.1 Regarding the management of our Site when you place an Order and/or use the various features of the site, the collected data include:
● Transactional information of the Product(s) Order;
● Navigation information including the history of consultations, IP addresses, browser settings.
**2.2.2 Regarding interaction with our Site, certain data are automatically collected from your device or internet browser. Details on these practices are specified in Article 8 "Cookies" hereinafter. These data include the IP address and cookies.
Article 3: Purposes of Data Processing
We collect and/or process your personal data in compliance with European and French data protection laws, if necessary:
● To identify individuals using our Site;
● To compile statistics on the use of the site and improve its functioning;
● To carry out maintenance operations and error research;
● To respond to messages you send us via the contact form;
● To process your order(s);
● To comply with applicable law or any other legal obligation;
● To protect system security, detect and prevent fraud, or safeguard our legitimate interests, without disregarding your interests or fundamental rights and freedoms requiring enhanced protection of your personal data.
You have the right to withdraw your consent given at any time, or to object to any processing of your personal data collected.
The collection and processing of data thus serve the following purposes:
● Accessing our Site, placing and processing an Order
● Prospecting and/or sending information to Users
● Operating, maintaining, and improving the features of our Site, especially for placing orders
● Accounting and internal auditing
● Technical problem detection
● Developing statistics to improve our services/online store and develop new features
● Enhancing our range of Products offered on our Site
● Providing personalized content and navigation
● Making the Products on our Site more relevant to Users' interests, subject to obtaining explicit and prior consent from the User
● Complying with legal obligations, preventing or detecting fraud, abuse, unlawful use, violations of the General Conditions of Sale, and complying with court decisions and government requests.
Article 4: Consent
When placing an Order or making a contact request, you are required to fill out forms and provide personal data so that you can place an Order. We undertake, where applicable, to collect your explicit, specific, and prior consent, and/or to allow you to object to the use of your personal data for certain purposes, and/or to access and/or correct information about you.
Article 5: Transmission of Personal Data to Third Parties
The personal data collected will be accessible to:
● Authorized personnel of the Seller, Béret Noir & Direct Châteaux, Pélican Air Services, responsible for managing and maintaining the site;
● However, they may be disclosed to third parties in accordance with legal or regulatory provisions, judicial decisions, or if necessary for the protection or defense of our rights.
The personal data we have collected may be transmitted to third-party companies as part of subcontracting contracts signed with us exclusively for the purposes indicated in Article 3. Prior to the transfers, we will take all necessary measures and guarantees to secure such transfers.
Transfers may thus be made in the context of the following activities and events: IT services, research, and statistics.
We do not transmit any personal data to partners for commercial operations or for any other purposes that do not meet the needs of the purposes indicated in Article 3. In the event that we consider modifying our data transfer policy to make transfers to
partners, particularly commercial partners, this may only be done subject to obtaining your explicit and prior consent.
Article 6: Hosting and Transfer of Personal Data
The personal data collected and processed are hosted by any service provider hosting our servers in France or any other European territory.
The User is informed that we may, if necessary, transfer their personal data to a third country or to an international organization subject to an adequacy decision made by the European Commission, it being specified that, in the case of a transfer to a country or international organization that does not have an adequacy decision, this can only be done on condition that appropriate safeguards are in place and that the data subjects have enforceable rights and effective remedies, in accordance with the applicable Regulations.
Article 7: Data Retention
Personal data are kept for the strictly necessary duration for the accomplishment of the purposes for which they are processed and according to the recommendations of the CNIL and is inspired by the simplified standard no. NS-048 concerning automated processing of personal data relating to the management of customers and prospects.
They may then be archived with restricted access for an additional period for limited reasons and authorized by law (payment, warranty, disputes...).
Article 8: Cookies
When you visit our Site, cookies are placed on your computer, mobile, or tablet. A cookie is a small text file stored in your browser when you visit a website or view an advertisement. It is intended to collect information about your browsing or to provide you with services adapted to your device. Cookies are managed by your Internet browser.
8.1 Cookies Used and Their Purpose
Our Site uses:
● Essential cookies ensuring the proper functioning of our Site and allowing its optimization. Our Site cannot function properly without these cookies.
Analytics cookies allowing us to obtain anonymous visit statistics of our Site in order to optimize its ergonomics, navigation, and content. By disabling these cookies, we will not be able to analyze the traffic on our Site.
● These cookies allow our services to operate optimally. They are essential for navigating and accessing our Site. They are therefore always active. The
collected cookies are not transferred to third parties or used for purposes other than those stated above.
8.2 Cookie Configuration
You have various means to manage cookies. You can manage your cookie settings at any time through a dedicated interface or through your browser and thus oppose the recording of cookies by configuring your browser. The configuration of each browser is different and is described in your browser's help menu, which will show you how to modify your cookie preferences.
8.3 Consent
By browsing our Site, you agree to the use of the aforementioned cookies. During your first visit, we informed you of the presence of these cookies and the possibility of objecting to them by accessing this Data Protection Policy. We inform you that refusing cookies:
● May cause issues with the functioning of our Site
Prevents the analysis of traffic on our Site
● To manage cookies according to your preferences, we invite you to configure your browser considering the purposes of cookies.
8.4 Access, Deletion, and Opposition Rights
As with other personal data, you have the same rights as specified in Article 10 below.
8.5 Data Retention Period
We keep the collected cookies for a duration of:
● 13 months for essential cookies
13 months for Analytics cookies
● This duration is not automatically extended upon your new visits to the site. Beyond this duration, the data is either deleted or anonymized if not already anonymized.
Article 9: Data Security
To ensure the security of personal data, especially to prevent distortion, damage, or unauthorized access by third parties, we take all necessary precautions considering the nature of the data and the risks presented by the processing.
Article 10: User Rights
In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and Law No. 78-17 of 6 January 1978 on data processing, data files, and individual liberties, you have the following rights that you can exercise at any time by contacting the Seller (by email or postal mail):
● Right to access your personal data
● Right to rectify and obtain the modification of inaccurate or incomplete data ● Right to request the erasure of your personal data, unless we have legal or legitimate reasons to retain them
● Right to object to their processing and obtain limitation, unless we have a legitimate interest in doing so
● Right to data portability to the extent applicable
● Right to determine the fate of your personal data after your death ● Right to withdraw, at any time, your consent to the processing of your personal data (without prejudice to the lawfulness of the Processing based on consent before its withdrawal).
Any request must specify the right you wish to exercise, be accompanied by a photocopy of your valid national identity card (or passport), and mention the contact details (address, telephone, email) where we can contact you. This information will be kept only for the time necessary to process your request.
It is however specified that exercising your right to erasure of your personal data and/or exercising your right to object to the processing of your personal data and/or exercising your right to limitation of the processing of your personal data and/or your right to withdraw your consent at any time to the processing of your personal data may result in the impossibility for the User to use the site and/or place an Order.
Additionally, you are informed of your right to lodge a complaint with the National Commission for Informatics and Liberties (CNIL) either by postal mail 3 Place de Fontenoy - TSA 80715 - 75334 Paris 07 or by filing a complaint online on the website www.cnil.fr.
Article 11: Information on the Contractual Nature of Providing Personal Data
Regarding the regulatory or contractual nature of the collection, the fact that it conditions the conclusion of a contract, the obligation to provide personal data, and the possible consequences of not providing this data, the user is informed of the following information:
● The request for personal data is contractual (in the context of the relationship the User wishes to establish with the Seller on the Site to place an Order for Product(s)), and the provision of this data, as it is necessary for processing the Order, conditions the conclusion of this contractual relationship.
Therefore, the User is required to provide their personal data if they wish to place an Order on our Site. Failure to provide this personal data will prevent placing an Order on our Site.
Article 12: Automated Decision-Making
It is indicated that, by means of the personal data collected, no automated decision-making is carried out within the meaning of the applicable Regulation.
Article 13: Possible Subsequent Processing of Personal Data
In the event of any subsequent processing of personal data for purposes other than those for which the personal data were collected and as identified above, the data controller shall provide the data subject in advance with information about this other purpose and any other relevant legal information required.
Article 14: Age of Individuals Providing Personal Data
The collection of personal data may only concern individuals aged 18 or older in France, and according to the applicable law abroad, the legal age for purchasing and consuming alcohol. Users of our Site must be of legal age in their country of residence to access it and, if applicable, to place an Order. Thus, by placing an Order via our Site and/or providing us with personal data, you declare and warrant that you are of legal age in your country.
Article 15: Links to Other Websites
Our Site may contain links to other sites over which we have no control. We are in no way responsible for the data protection policies or practices of other sites that you choose to visit from our Site. Therefore, we recommend that you review the data protection policies of these other sites to understand their data collection, use, and sharing practices.
Article 16: Amendments
We reserve the right to modify or update this Charter on the use of personal data at any time. These modifications will be published in this section. We encourage you to regularly review the Charter on the use of personal data to check for any changes.
For more information, you can visit the website of the National Commission on Informatics and Liberties (CNIL) regarding the protection of personal data (www.cnil.fr).