Privacy policy

ARTICLE 1 : PREAMBLE

The purpose of this privacy policy is to inform users of the website (hereinafter the “User(s)”) about the way in which the Charnay company (hereinafter “Charnay”), being the data controller within the meaning of the regulations applicable to personal data, processes personal data concerning Users (hereinafter the “Data”).

Charnay’s registered office is located at 5, rue Jussieu, 69002 Lyon (France) and Charnay is registered in the Lyon Trade and Companies Register under number 921 134 185.

Any information relating to an identified or identifiable natural person is considered as Data.

Users also include persons who have made a purchase on the website (hereinafter the “Buyer(s)”).

It also aims to inform Users:

• On the rights they have regarding their Data;
• On the recipients of the Data;
• On the cookie policy of the website.

This policy complements the legal notice and the General Conditions of Use which can be consulted by users on the website https://charnay-paris.com/ (hereafter the “Site”).

ARTICLE 2 : LAW APPLICABLE TO USER DATA

The provisions of Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the protection of personal data and on the free movement of such data (hereinafter, the “GDPR”), as well as the provisions of Law No. 78-18 of 6 January 1978, as amended by Law No. 2018-493 of 20 June 2018 and Ordinance No. 2018-1125 of 12 December 2018 (hereinafter, the “Data Protection Act”) apply to the processing of Users’ Data by Charnay.

Terms used in this policy have the meaning given to them by the GDPR.

The databases are protected by the provisions of Law No. 98-536 of 1^er July 1998 implementing Directive 96/9 of 11 March 1996 on the legal protection of databases.

ARTICLE 3 : DATA COLLECTION

Charnay collects the Data that Users provide when they:

• Navigate and consult the Site;
• Create a customer account;
• Add products to their shopping cart;
• Place an order or request a return on the Site;
• Subscribe to newsletters;
• Contact customer service on the “Contact Us” section of the Site.

These Users’ Data are :

• Their identity: nationality, title, surname and first name, date of birth;
• Their contact details: e-mail address, postal address, telephone numbers, social network identifiers, bank details in the case of distance selling;
• Their technical data: connection data, cookies and trackers, IP address, geolocation data;
• All information that Users entrust to Charnay in order to guarantee them a specific service.

However, when information is shared via instant messaging, Charnay cannot guarantee the confidentiality and security of the User’s Data and of the information exchanged via these messaging services. These Data are the responsibility of the companies offering these messaging services. Therefore, Charnay declines all responsibility in the context of this use.

In addition, the Site contains a certain number of hypertext links to other websites (partners, information, etc.) set up with the authorisation of Charnay. However, Charnay is not able to check the content of the visited websites and therefore declines all responsibility for the possible risks of illicit content.

Finally, certain Data requested in purchase orders and forms are mandatory and are indicated as such by an asterisk. Their collection is essential to the processing of the User’s request. Consequently, in the absence of a response, Charnay will not be able to follow up these requests.

ARTICLE 4 : NATURE OF THE DATA AND PURPOSES OF DATA PROCESSING

The Data are used by Charnay according to the purposes for which the Users have provided them. It is based on one, or more, of the following legal grounds:

• The execution of Users’ orders on the basis of a contract;
• Users’ consent ;
• The legitimate interests of Charnay (e.g. combating fraud or counterfeiting);
• A legal, regulatory, judicial, or administrative obligation.

Users’ Data are collected in order to:

• Answer to questions submitted in the “Contact Us” section on the Site;
• Allow Users to create a customer account on the Site;
• Allow to create and keep the basket with the Products;
• Allow Charnay to send information to Users about its news and events (newsletters, invitations to events organised by Charnay and other news publications);
• Manage the orders carried out on the Site and their delivery, as well as the applicable guarantees;
• Ensure the security of online transactions, prevent fraud and payment incidents;
• Manage, optimise and personalise the customer relationship;
• Carry out statistics, segmentations and marketing analyses following visits to the Site;
• Manage advertising targeting devices and thus suggest targeted advertising to Users.

ARTICLE 5 : TRANSMISSION OF DATA TO A THIRD PARTY

The Data collected on the Site may be transmitted to third parties within the limits provided by the provisions in force and in accordance with this policy.

Third parties are companies other than Charnay (hereinafter the “Third Parties”).

These Third Parties are Charnay’s subcontractors. They process the Data on behalf of Charnay and according to its instructions, in particular in the context of online payment, shipping of orders, advertising, security of computer systems or in the context of statistics and surveys. The transmission of Users’ Data to Charnay’s subcontractors is supervised in order to guarantee their security.

These Third Parties are also the state authorities to which Charnay may be required to communicate the Data when such communication is required by law, a regulatory provision or a judicial decision, or if such communication is necessary to ensure the protection and defence of its rights.

The assumption of purchase of the Site and its rights also allows the transmission of the Data to the purchaser who will be, in turn, held of the same obligation of conservation and modification of the Data towards the Users of the Site.

ARTICLE 6 : DATA RETENTION

Users’ Data are processed and hosted on servers located in Switzerland, Europe.

The Data might be transferred to a subcontractor whose servers are located in a country outside the European Union. In such a situation, Charnay will take the necessary measures to guarantee the security of Users’ Data.

ARTICLE 7 : COOKIE MANAGEMENT

Charnay uses cookies to help Users navigate efficiently and to help Users perform certain functions.

Cookies are small text files stored in a dedicated space on the hard disk of the Users’ terminal (computer, tablet, smartphone, etc) when they consult an online service using their browser.

Browsing on the Site gives rise to the deposit of cookies, if Users consent to this.

Cookies gather a certain amount of data on a User’s navigation (for example, the date, time and number of visits, the source of arrival, preferences). When a User visits the Site, and subject to his/her choice, Charnay may install cookies on his/her terminal. The purpose of a cookie is to collect information relating to the navigation of this User, in order to send him/her services and offers adapted to his/her terminal and to his/her areas of interest.

The placing of certain cookies on a User’s terminal requires prior consent. Thus, upon arrival on the Site, an information banner indicates that Charnay uses this technology and that by clicking on “Accept all”, the User consents to the deposit of those cookies on his/her terminal.

Charnay uses cookies to :

• To personalize the navigation of the Users on the Site and thus, to offer them a better service;
• To analyse the activity of its Site, in particular by establishing statistics of visits;
• To carry out advertising targeting operations;

Charnay uses cookies and the Data collected are used for the following purposes:

• Strictly necessary cookies (always active): these cookies are necessary for the operation of the Site and cannot be disabled in our systems. They are generally only set in response to actions taken by Users that are equivalent to a request for services, such as setting Users’ privacy preferences, logging in or filling in forms.

• Functional cookies: these cookies allow Charnay to improve and personalise the functionality of the Site. They also allow certain features to be performed, such as sharing the Site’s content on social media platforms and collecting comments. If Users do not accept these cookies, some or all of these services may not function properly.

• Analytical cookies: these cookies help Charnay understand how Users interact with the Site. These cookies help to provide information on the number of visitors, bounce rate, source of traffic, etc.

• Performance cookies: these cookies allow Charnay to count visits and traffic sources in order to measure and improve the performance of the Site. They also help Charnay to know which pages are the most and least popular and to see how visitors move around the Site.

• Advertising cookies: these cookies may be set within the Site by Charnay’s advertising partners. They may be used by these companies to establish a profile of Users’ interests and to offer them relevant advertisements on other third-party websites.

• Other cookies : these unclassified cookies are those that are being analysed and have not yet been classified into a category.

Charnay may also collect the shortened IP address on a non-readable basis from Users, which does not allow it to directly identify Users. Charnay also automatically collects other information about Users’ devices, such as model, language, software version, etc.

The list of cookies is available in the “Cookies” section at the bottom of the page.

Cookies are kept for a maximum of twelve months after the User’s consent.

Cookies (except for strictly necessary cookies), can be freely modified by Users. They can accept or reject cookies on their terminal, either globally or cookie by cookie. Changing the settings on the browser may affect Users’ experience on the Site.

The User can configure his computer in the following way to refuse the installation of cookies:

• In Internet Explorer :
  • Tool tab / Internet options
  • Privacy
  • Block all cookies
  • OK
• In Netscape :
  • Edit tab / Preferences
  • Advances
  • Deactivate cookies
  • OK

ARTICLE 8 : DATA RETENTION PERIOD

Data Categories	Overall shelf life
Buyer’s Data for customer service purposes	Duration of the business relationship
Buyer’s Data for customer relationship management purposes	Five years from their collection
Buyer’s Data for marketing purposes	Five years from their collection
User’s Data when creating a customer account	As long as the account is active or until the account is closed by the User

Charnay may store Users’ Data for as long as necessary in order to comply with applicable legislation on product warranty and safety, and to monitor product performance. A User’s Data will also be retained for as long as required by applicable local law or to the extent that Charnay has a legitimate and legal reason to do so.

ARTICLE 9: USER’S RIGHTS

Any User concerned by the processing of his/her Data has the right to access, rectify and object to the personal data concerning him/her.

To exercise his/her rights, a User must send a request via email to contact@charnay-paris.com or a letter to the following address Charnay – 5 rue Jussieu – 69002 Lyon. This letter must be accompanied by a copy of the User’s identity document, and must be signed by him/her. Finally, it must indicate the address to which the reply should be sent, and the customer references if the User is a customer.

The reply to the request made on the basis of one or more provisions of the RGPD or the Data Protection Act will be sent within one (1) month of receipt of the request.

The User may communicate to Charnay specific instructions in which he/she defines the manner in which he/she intends his/her rights to be exercised, after his/her death, in accordance with the RGPD.

Charnay may send Users information relating to the brand’s articles and commercial offers by post, email, SMS, phone or via all the web spaces managed by Charnay on social networks, subject to prior acceptance.

Users may at any time object to these commercial prospecting mailings free of charge, by clicking on the “unsubscribe” link in each commercial email, by making a request by email to contact@charnay-paris.com, by posting a letter to the following address Charnay – 5 rue Jussieu – 69002 Lyon, by unchecking the newsletter registration box in his Personal Information on the site, or by replying STOP by SMS.

ARTICLE 10: CONDITIONS FOR AMENDING THE PRIVACY POLICY

The Site editor reserves the right to modify this Policy at any time in order to ensure its compliance with the law in force.

Any changes shall not affect purchases previously made on the Site, which shall remain subject to the Policy in force at the time of purchase and as accepted by the User when validating the purchase.

The User is invited to take note of this Policy each time he or she uses Charnay’s services, without any need for formal notification.

Article 11: Applicable law and jurisdiction

This Privacy Policy is governed by and construed in accordance with French law. The French courts have territorial jurisdiction to hear any dispute relating to the Site, with the exception of the rules of special jurisdiction, particularly in the event of a dispute with a consumer.

In the event of a dispute concerning the way in which Charnay collects and processes Users Data, Users may lodge a complaint with a supervisory authority (CNIL – Service des Plaintes – 3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07).