Mr Vincent PONTIER
19 AV. HELENE DE TOURNON 07300 TOURNON
Director of the publication: Mr Vincent PONTIER
222-224 Boulevard Gustave Flaubert
Tel : +33 4 44 44 60 40
INTELLECTUAL PROPERTY RIGHTS
The Site and all of its content (in particular the trademarks, logos, any graphic, textual and computer elements of the Site, including in particular the trees, formatting, articles, presentations, illustrations, photographs, and/or any other document) are protected by French and international regulations relating to intellectual property.
All rights reserved copyright ©
Under no circumstances may navigation on the Site, or the mentions appearing on it, be interpreted as granting a user licence or any right to use these elements.
As such, their representations, reproductions, imbrications, broadcasts and rebroadcasts, whether partial or total, are prohibited (article L. 122-4 of the French Intellectual Property Code). Any person doing so without being able to prove prior and express authorisation from the holder of these rights is liable to the penalties relating to the offence of counterfeiting (articles L. 335-2 et seq. of the French Intellectual Property Code). The Publisher may avail itself of its rights, in particular intellectual property rights, in order to take legal action, in particular under criminal law.
The Publisher reserves the right to improve or modify at any time the information, products, programs or conditions of use described in the Site, without being held liable for doing so. The applicable conditions and mentions will be those in force at the date of your connection to the Site.
he photographs used on the Site are protected by copyright. For practical reasons, credits are not mentioned on the photograph. For more information about the author of the photographs, you can contact the Editor via the contact form on the Site.
The Site may contain hypertext links to third party sites. The Internet User who would be redirected to a third party site via a hypertext link to other sites acknowledges that the Publisher has no control over the content, information, products and services offered on these sites. Consequently, the Publisher cannot be held liable for any direct or indirect damage resulting from the use of sites accessible via hypertext links.
The Publisher is also not responsible for the hypertext links pointing to the Site.
Any person wishing to set up hypertext links pointing to the Site must obtain prior written authorisation from the Publisher.
LIMITATION OF LIABILITY
The Publisher reminds Internet users of the characteristics and limitations of the Internet network. The Publisher cannot be held responsible for any damage resulting from access to the Website or, on the contrary, from the impossibility to access it. The Publisher cannot be held responsible in case of unavailability of the Website, for any reason whatsoever (technical defect, network congestion, …).
The Internet User expressly admits using the Site at his/her own risk and under his/her exclusive responsibility. The Publisher shall not be held liable for any direct or indirect, material or immaterial damage caused to Internet Users, to their computer or telecommunications equipment, to the data stored on it and to the consequences that may result from this on their personal, professional or commercial activity.
The information on the Site is provided for information purposes only. The information published on the Site is updated and checked periodically but may still contain errors. The information must in any case be taken into consideration at the time it is put online and not at the time you consult the Site (this data may have been updated between the time you downloaded it and the time you read it). In any event, the Publisher cannot be held liable for this information.
ACCESS RESERVED BY PASSWORD
Access to password-protected areas is restricted to authorized persons only. The Internet User undertakes not to force access to these areas, and in particular not to usurp the identity, access code or address of another user. Any unauthorised person attempting to access these areas may be subject to legal proceedings.
USE OF THE SITE
The Editor proposes the Site mainly for the use of its customers and any person wishing to know and buy its products and services.
you agree to respect the present terms and conditions as well as, more generally, the applicable legislation, you refrain from any collection, misappropriated use in particular of personal information to which you may have access and, in general, any act likely to harm third parties.
When you fill out a form and provide information, you agree to :
to deliver real, accurate, up-to-date information at the time of input and in particular not to use false names, qualities or addresses, or names, qualities or addresses without being authorised to do so,keep the registration data up to date to ensure that they are real and accurate at all times, not to make available or distribute information, programs or materials that are illegal, objectionable or harmful (such as viruses, hacking or copying software),
not to disseminate comments, opinions or information of a defamatory, obscene, violent, racist nature and more generally contravening the laws and regulations in force, the rights of individuals and good morals.
In the event of violation of these provisions, the Editor reserves the right to deny you access to the Site or the services offered, to your exclusive fault, without prejudice to any liability action.
SCOPE OF APPLICATION
The present conditions apply to all Internet users, without any limitation in time or space.
The following information is communicated to you so that you can be aware of the commitments in terms of protection of personal data. Mr Vincent PONTIER acts as data controller for the processing of personal data mentioned in this document, hereinafter referred to as “the Data Controller” or “we“.
Our data processing and freedom policy manager The Data
Processing Manager has appointed a person responsible for the data processing and freedom policy that you can reach by email at the following address: welcome[at]donnedusens.fr or by post at the following address Mr Vincent PONTIER 19 AVENUE HELENE DE TOURNON 07300 TOURNON
THE PERSONAL DATA WE PROCESS
In the context of the processing of personal data, the Data Controller collects and processes the following data:
- title, surname, first name(s), date of birth, billing address, testimonials, customer requests, delivery address, e-mail address, telephone number;
- customer identification number, statistics of opening and clicks on e-mails sent by the person in charge of processing and activity on the site (pages viewed, products viewed, abandoned baskets, etc.).
THE PURPOSES AND LEGAL BASES OF OUR DATA PROCESSING OPERATIONS
In the context of processing of personal data,
The aims of our treatments
- Management of the content of a website ;
- Order management ;
- Management of marketing communication / communication to customers and prospects ;
- Follow-up of the customer’s journey;
- Follow-up of customer relations and customer complaints ;
- Audience analysis ;
- Categorization of clientele ;
The legal basis of our processing
- your consent to the processing operations has been collected;
- the existence of our legitimate interest, or that of a third party, justifies the processing of the personal data concerned ;
- the execution of a contract that binds us to you requires us to implement the processing of personal data concerned;
- we are bound by legal and regulatory obligations that require the processing of the personal data concerned.
Legitimate interests pursued
Legitimate interests pursued by the Data Controller may include enabling business continuity, improving the consumer experience, building consumer loyalty, understanding consumer expectations.
THE RECIPIENTS OF YOUR DATA
The personal data that we collect, as well as data collected subsequently, are intended for us in our capacity as Data Controller.
We ensure that only authorised persons have access to this data. Our subcontractors / service providers may receive this data in order to carry out the services we entrust to them.
Your personal data may be reconciled, pooled or shared among all the parent, sister and subsidiary entities of the Data Controller.
They may be communicated to these entities for the purposes referred to in this information notice. These operations are carried out on the basis of instruments that comply with applicable regulations and are suitable for ensuring the protection and respect of your rights.
THE TRANSFER OF YOUR DATA
When browsing the website https://www.vincentpontier.com/elephpant/ (See Article Cookie) or contracting with DONNE DU SENS, some recipients of your data (Google / Stripe / Paypal ) are located outside the European Union. The following guarantees have been taken to ensure a sufficient level of protection for your information:
- The recipient(s) adhere to the principles of “Privacy Shield“;
- The transfer is governed, in accordance with the requirements of European Regulation n°2016/679/EU of 27 April 2016, in particular by standard protection clauses adopted by the European Commission.
DONNE DU SENS will monitor the adherence of its subcontractors to these standards to ensure that data protection requirements are met.
DONNE DU SENS does not sell, trade or otherwise transfer any personally identifiable information to outside parties. This does not include third parties or subcontractors who assist us in the operation of our site, our business and our services. These third parties may have access to personally identifiable information on a case-by-case basis and will be contractually obligated to maintain the confidentiality of your information.
We may also release your information when we believe release is appropriate to comply with the law, enforce our site policy, or protect the rights, property, or safety of others. In addition, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other purposes.
THE LENGTHS OF TIME WE KEEP YOUR DATA FOR
The retention periods we apply to your personal data are proportionate to the purposes for which they were collected. Consequently, we organise our data retention policy as follows:
Prospecting: 3 years from the last contact from you or, if applicable, from the end of the business relationship plus the duration of the legal requirements.
Customers: in the context of concluded contracts, data is retained for the duration of the business relationship plus the duration of the legal requirements.
Customer testimonials: The data is kept until you withdraw your consent by simply sending an email to welcome[at]donnedusens.fr.
In the event of exercising the rights of access, rectification, deletion, limitation, data relating to identity documents and information enabling these rights to be taken into account:
1 year from receipt of the request.
If the right of opposition is exercised, data relating to identity documents and information enabling the right of opposition to be taken into account:
6 years from receipt of the request.
How to exercise your rights
You may exercise your rights by e-mail to the following address:
To do so, you must clearly indicate your surname(s) and first name(s), the address to which you wish the reply to be sent.
As a matter of principle, you may exercise all your rights free of charge. However, with regard to the right of access, you may be asked to pay a reasonable fee based on administrative costs for any copy of the data you request.
As regards the right to information, the Data Controller will not be obliged to act upon it when you already have the information you are requesting.
The Data Controller will inform you if he cannot comply with your requests.
These rights are not absolute and are subject to different conditions under :
- applicable local data protection or privacy law; and
- the laws and regulations applicable to you.
The Data Controller wishes to inform you that the non-notification or modification of your data may have consequences in the processing of certain requests in the context of the execution of contractual relations and that your request for the exercise of your rights will be kept for follow-up purposes for 6 years concerning the exercise of the right to object and 1 year concerning the exercise of the other rights.
All the rights you enjoy are detailed below.
Your right to information
You acknowledge that this information notice informs you of the purposes, legal framework, interests, recipients or categories of recipients with whom your personal data is shared, and the possibility of a data transfer to a third country or to an international organization.
In addition to this information and with the aim of ensuring fair and transparent processing of your data, you declare that you have received additional information concerning :
- how long your personal data will be kept;
- the existence of the rights that are recognized for your benefit and the terms and conditions for exercising them.
If we decide to process data for purposes other than those indicated, you will be informed of these new purposes.
Your right to access and rectify your data
By exercising this right, you have confirmation whether or not your personal data are processed and when they are processed, you have access to your data and to information concerning :
- the purposes of the treatment ;
- the categories of personal data concerned ;
- the recipients or categories of recipients, in particular those established in third countries ;
- where possible, the intended period of retention of personal data or, where this is not possible, the criteria used to determine that period ;
- the existence of the right to ask the Data Controller for the correction or deletion of your personal data, the right to ask for a limitation of the processing of your personal data, the right to object to such processing ;
- the right to lodge a complaint with a supervisory authority ;
- information relating to the source of the data when they are not collected directly from the data subjects;
- the existence of automated decision making, including profiling, and in the latter case, relevant information concerning the underlying logic, as well as the importance and intended consequences of such processing for data subjects.
You can ask us to correct or complete your personal data if they are inaccurate, incomplete, ambiguous or out of date, as the case may be.
Your right to have your data deleted
You may request us to delete your personal data when one of the following reasons applies:
- the personal data are no longer necessary for the purposes for which they were collected or otherwise processed;
- you withdraw the consent previously given;
- you object to the processing of your personal data where there is no legal reason for such processing;
- the processing of personal data does not comply with the provisions of the applicable laws and regulations;
- your personal data was collected when you were a minor.
Nevertheless, the exercise of this right will not be possible when the conservation of your personal data is necessary with regard to legislation or regulations and in particular for example for the establishment, exercise or defence of legal rights.
Your right to limitation of data processing
You may request the limitation of the processing of your personal data in the cases provided for by laws and regulations.
Your right to object to data processing (unsubscription)
You have the right to object to the processing of personal data concerning you when the processing is based on the legitimate interest of the Data Controller.
In the case of direct communication, this right may be exercised by any means, in particular by clicking on the unsubscribe links at the bottom of the communications sent.
Your right to object to data processing (unsubscribe)
You have the right to the portability of your personal data.
The data on which this right can be exercised are :
- only your personal data, which excludes anonymised personal data or data that does not concern you;
- declarative personal data as well as personal operating data;
- personal data that does not infringe the rights and freedoms of third parties such as those protected by business secrecy.
This right is limited to processing based on consent or a contract as well as to personal data that you have personally generated.
This right does not include derived or inferred data, which are personal data created by the Data Controller.
Your right to withdraw your consent
Where the data processing we carry out is based on your consent, you may withdraw it at any time. We will then stop processing your personal data without jeopardizing the previous operations for which you consented.
Your right to appeal
You have the right to lodge a complaint with the competent supervisory authority, without prejudice to any other administrative or judicial remedy.