PERSONAL DATA PROTECTION CHARTER
Article I. Preamble
RZBALL COMPANY, “Société par actions simplifiée”, French limited company, with registered office in 930, Route des Dolines, 06560 VALBONNE SOPHIA ANTIPOLIS FRANCE , with a capital of EUR 20,000 registered with the GRASSE registered office (RCS) under the number 829 110 485, represented its duly authorized legal representatives (hereinafter referred to as the “Company” or “RZBALL COMPANY” for the specific needs of this Charter), exploits a sale activity of sport equipment dedicated to the RAQBALL practice and to do so, notably, a website enabling the Users to order the said equipment (hereinafter referred to as “Website”).
This Charter related to the protection of personal data (hereinafter referred to as “Charter”) defines the conditions and modalities of the collect, use and share of personal data (hereinafter referred to as “Data” for the specific need of this Charter) that the Company is led to collect in the context of the execution of the Services to which the General Terms and Conditions of Sale, which the User undertakes and confirm to having accepted concurrently with the signature of these terms, settle its execution.
Article II. Definitions
Each of the contractual terms defined within the General Terms are considered having the same meaning in accordance with the present act, except contradiction with the below listed definitions which will prevail.
Charter means Personal data’s collection, use and share terms and conditions that RZBALL COMPANY needs to collect in the frame of the execution of the Services provided to Users.
Personal Data means any information relating to an identified or identifiable individual in the sense of the European General Data Protection Regulation applicable on May 25th, 2018 (Hereafter referred to as the “GDPR”).
Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether by automated means or not, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction in the sense of the GDPR.
Article III. Scope
The following Charter is valid for the time of the execution of the General Terms and Conditions of Sale to which it relates.
The Company reserves the right to modify the Charter, if necessary, according to the Services evolution or legislative developments, at its sole discretion. The use of the Services from the Company is always subjected to the most recent version of the Charter. The User shall consult the last version of the Charter as often as necessary.
In any case, any important modification will be notified to the User to collect his agreement by e-mail or by any other way 30 (thirty) days at least before their effective application.
Article IV. Personal Data Collection
Section 4.01 Collected information
This information contains the User’s Personal data collected during access to the Services, such as:
- The collected data during the account registration such as:
- The first name;
- The last name;
- The email address;
- The User phone number;
- The banking data, if need be;
These data are mandatory for the gestion of the Orders. Should these Personal data miss, the User will not be able to reach the proposed Services.
- The collected Data during the Order such as:
- The date;
- The address of departure;
- The address of arrival;
- The eventual feedbacks of the User.
These Data are necessary for the quality of the execution of the Services.
Section 4.02 Personal data preservation duration
The collected and processed Personal Data will be preserved during the Contract duration, in order not to exceed the necessary duration regarding the purposes for which they are proceeded.
If the User is led to delete his account, the Company do not conserve any of his Personal Data.
In case of a removal of the Account due to his inactivity, the Personal Data of the owner will immediately be removed.
An account is considered as inactive at the end of two (2) years without the User logging on the Website. The Company reserves the right to delete the inactive Account after having informed the User beforehand, who can oppose, by manifestly expressing his will in this sense, to the removal of his Account.
In any case, certain categories of Data will be the object of an intermediary archival at the end of the execution of the Services or of their interruption for any reason, if these Data are necessary for the Company to keep a proof in case of a dispute. The period of this intermediary archival will be of five (5) years from the interruption date, except for the proof of the Services subscription as well as a copy of the Contract, which will be conserved for a period of ten (10) years from the execution of the Prestation, by application of Article L 213-1 of the Consumer French Code.
Assuming that the signed Contract has been suspended or blocked, the Data will be conserved for a period of five (5) years from the suspension, except for the proof of the Services subscription as well as a copy of the Contract, which will be conserved for a period of ten (10) years from the execution of the Service, by application of Article L 213-1 of the Consumer French Code.
Article V. Different kinds of processing
The Company uses the collected User’s Personal data for the needs of:
- The Services execution;
- The transmission to the User, if necessary, of information on the Services by e-mail, SMS or any different means of communication, within the limits of the authorization given by the User;
- The improvement of the Services quality;
- The guaranty of the respect of i) the applicable legislation, ii) the normal use of the Services and iii) the present Charter;
- The transmission to the User, according to the applicable legal provisions and with the User’s agreement, when required by the legislation, marketing, advertising and promotional messages, invitations for events and information relative to the use of the Services;
- Proceed to the User’s ranking on databases;
Article VI. Recipient and cause of Personal data’s transmission
RZBALL COMPANY collects and processes personally the User’s Personal data through its legal representative and through its working team, its collaborators, employees or external providers, in any case bound by a non-disclosure clause and informed about the security obligation related to the Personal data processing and collection.
In accordance with the use of the Services, some of the collected data shall be transmitted to:
- RZBALL COMPANY working team (its legal representative, collaborators, employees, occasional interns or external providers);
- To the GDPR certified applications needed by RZBALL COMPANY to handle the executed actions, if necessary;
- To the RZBALL COMPANY IT service;
- To the RZBALL COMPANY hosting and saving server;
- Should RZBALL COMPANY have the legal obligation to do so, to comply with a legal or judiciary request;
- Should RZBALL COMPANY transfer its activity, by any mean, to a possible transferee of its business, of one or the other of its assets or shares constituting the registered capital.
Article VII. Personal data transfer
Personal data are preserved in France, in the RZBALL COMPANY offices. The providers selected by RZBALL COMPANY have undertaken not to proceed to any transfer outside of the European Union. Thus far, no transfer outside the European Union has been referenced. Should this happen later, the digital preservation providers selected by RZBALL COMPANY have undertaken to inform RZBALL COMPANY about it beforehand and to comply, in any case, with the GDPR provisions so that the minimal protection warranties of this regulation are respected.
Article VIII. Users rights
The User can access and obtain a copy of its personal data hold by RZBALL COMPANY. The User (i) shall send his request either by using electronic mail to the address firstname.lastname@example.org , or (ii) post mail at the address stipulated in the preamble of the present Charter.
RZBALL COMPANY shall reply upon a reasonable period and in any case, no later than the legal applicable timelines.
The User can ask for the access to his personal data held by RZBALL COMPANY in order to require any incorrect Personal data to be corrected, completed, clarified or erased.
The User can oppose or limit the use of his Personal data.
The User, if needed, can apply a claim before the competent legal authority (the CNIL) or to claim damages to competent jurisdictions if the User thinks RZBALL COMPANY did not respect his rights.
The User has also the right to his Personal data portability, as to say to receive his Personal data collected by RZBALL COMPANY, in a structured format, usually used and readable by the machine, and the right to have it forwarded to a third party responsible for its treatment.
Eventually, the User, its legal representative or any employees or collaborators who are in contact with RZBALL COMPANY, can provide instructions related to the future of his Personal data after his death.
Article IX. Tracking devices
Section 9.01 Generalities – Finalities – Duration
Tracking devices allow to stock information related to the access on the Website such as the date, the hour as well as any possible data entered by the User during his access such as the e-mail address and the password. Tracking devices help the interaction between the User and the Website to be faster and efficient.
In order to allow to any User an optimal use as well as a better functioning of the Website, the editor may proceed to the implementation of these tracking devices in his connecting device after having obtained from the User a prior express consent and having informed him about the insertion of these tracking devices. Some tracking devices are however exempted from the consent obtention.
Tracking devices needing the consent obtention cannot be dropped or read until the User gives his consent.
The User gives his consent by a positive action such as a check box, after having been informed of the consequences of his choice, for different finalities of the tracking devices.
The User has the possibility to withdraw his consent at any time.
These tracking devices shall be preserved for a maximum period of 13 (thirteen) months. When this period expires, the consent shall be required again.
These obligations shall apply whether tracking devices collect Data or not.
Section 9.02 Right of withdrawal of the tracking devices implementation
The User has the possibility, at any moment, to choose to activate or disactivate the tracking devices in his connecting device or to delete them. He can disactivate all the tracking devices or, in the contrary, only modify the choices concerning the tracking devices by clicking on the link present on the banner information.
Any configuration by the User may modify the Website use and the conditions of access to certain services that need the use of tracking devices. This dysfunction shall not, in any way, constitute damage for the User who shall not be eligible to any compensation.