Privacy Statement

Preliminary information

In relation to the supply of its products, the company LAVIGNE, French société par actions simplifiée (simplified joint-stock company) with share capital of 2 052 000 Euros, registered with the Trade and Companies Registry in NANTERRE under the number 332 346 444 and whose registered office is located at 175 rue Jean Jacques Rousseau, 92130 Issy-les-Moulineaux, France (hereafter “LAVIGNE”), is required to collect and use personal data indicated on its website https://www.artstudiolavigne.com (hereafter the “Website”), by the users as defined in the General Terms of Use and Sale (hereafter the “Users”).

Each User is specifically informed that the collection and processing of the personal data about him/her are subject to law no. 78-17 of 6th January 1978 related to IT, Files and Freedom, as amended by law no. 2016-1321 of 7th October 2016 and the European Regulation no. 2016/679 of 27th April 2016 related to the protection of private individuals in relation to processing personal data and the free circulation of this data (hereafter “GDPR”).
LAVIGNE thus has the capacity of data controller as stipulated in the GDPR.

Collection of personal data

Upon creating his/her personal account on the Website, he/she inputs the following personal data, which is collected by LAVIGNE:

  • First name
  • Email address
  • Password
  • Name

When the User places an order on the Website, the User must indicate – on a compulsory basis – the following additional personal data:

  • Title
  • Postal address (including his/her postcode, town and country of residence)
  • Telephone number

As part of the order process, the User will also be required to input his/her bank details, when he/she chooses to pay by bank card on the Website. In any event, his/her bank details are not collected by LAVIGNE but by the online payment platform.

Similarly, any bank details communicated to the LAVIGNE customer service department during a phone call (order by telephone or finalisation of the order in relation to User assistance) are immediately deleted after the phone call and are not therefore kept by LAVIGNE.

LAVIGNE may also be required to collect the following data, if the User indicates it later on his/her personal account or during the order process:

  • Name and address of his/her company
  • Additional part of the postal address
  • Secondary telephone number
  • Date of birth
  • Intracommunity VAT number

This additional information may only be collected, in any event, by LAVIGNE if the User in question has specifically consented to this or if LAVIGNE has a legitimate interest in such collection.

In any event, no sensitive information or data about the User is required for using the Website or for placing an order on the Website.

Each User is also informed that his/her connection data and his/her browsing history are also collected by LAVIGNE as part of its activity in order to enable browsing on the Website.

Legal basis of the processing of the personal data collected by LAVIGNE

When the processing is necessary for registering on the Website:
The information required by LAVIGNE upon registering the User on the Website, when the User creates his/her personal account, is strictly necessary in order to enable the User to be a LAVIGNE member, to use the Website and to benefit from all of its functions.
In the absence of communication of the data required for this purpose, LAVIGNE may not create the personal account of the User on the Website.

When the processing is required for the order:
The information required by LAVIGNE upon placing the order is strictly necessary for performing the said order, and more generally, for performing the agreement that it enters into with the User.
In the absence of communication of the data required for this purpose, the User may not finalise his/her order and LAVIGNE may not perform the order placed on the Website, which may not be validated, in any event, in the absence of information communicated in particular as regards the place of delivery of the products ordered or a telephone number of the User when this is required for the carriers.
In any event, the User has accepted the General Terms of Use and Sale of the Website, both upon his/her registration and when placing an order, which are an integral part of the agreement entered into with LAVIGNE. The data thus input both when creating the personal account and when placing the order is required in order to process this registration and perform the order.

When the information is only required for optional or complementary purposes by LAVIGNE:
From among the data input by the User on the Website and collected by LAVIGNE, some information is not strictly necessary in order to enable the User to use the Website or place an order. It is then only collected with the User’s prior consent or in the case of LAVIGNE’s legitimate interest.
If the User inputs it, he/she declares that he/she has specifically consented to his/her additional input data being collected and processed by LAVIGNE and being likely to be communicated to LAVIGNE’s service providers and/or subcontractors, but only for the purpose of performing the services proposed on the Website.
The User is, in any event, completely informed of the fact that he/she may withdraw any consent that he/she may have given to LAVIGNE for this collection and this processing of additional data, at any time.

Use of personal data by LAVIGNE

The information requested by LAVIGNE in relation to the use of the Website and the order of products is strictly necessary in order to enable LAVIGNE to perform the order placed on the Website by the Customer or to meet with a legitimate interest of LAVIGNE.

It enables LAVIGNE in particular to process the order in the best possible conditions and to register the Customer in its customer file.

More precisely, the uses of the personal data are as follows:

  • Creation of personal user account on the Website
  • Access and use of the Website by the User
  • Access and benefit of the services offered by LAVIGNE on the Website
  • Management of the functioning and optimisation of the Website
  • Organisation of the conditions of using the payment services
  • Checking, identification and authentication of the data communicated by the User
  • Implementation of User assistance (in this case, the operator may be required to connect to the User account for the period required for solving the problem)
  • Personalisation of the services offered to the Users by displaying advertisements depending on the User’s browsing history, depending on his/her settings
  • Prevention and detection of fraud and management of security incidents
  • Management of any disputes with the Users
  • Sending of commercial and publicity information, depending on the settings and choices set forth by the User, if he/she has specifically consented to this during the collection of his/her personal data (telephone number, postal address and/or email address)

No canvassing will be sent to the User without the latter’s prior consent.

Any purpose of processing other than that stipulated in this document will be systematically notified specifically in detail to the User.

Term of keeping personal data

The personal data about the User is kept by LAVIGNE for the purposes described above for the periods defined below:

Data related to customers

Not beyond the period strictly necessary for managing the business relations, with the possibility of keeping it longer when the data enabling to establish the proof of a right or agreement, or kept in accordance with the legal obligation, may be involved in an intermediary archiving policy for a term that does not exceed the period required for the purposes for which it is kept, in accordance with the provisions in force (NS 048 CNIL)

Customer data used for canvassing

For 3 years as from the end of the business relations (CNIL)

Data related to a potential customer

For 3 years as from its collection by the data controller or the last contact from the said potential customer

Data related to identity documents

In the case of using a right of access or rectification: 1 year (Article 9 of the French Code of Criminal Proceedings)
In the case of using a right to object: possible archiving for 3 years (article 8 French Code of Criminal Proceedings)

Data related to bank cards

Deletion once the transaction has gone through, i.e. once the payment has been made, which may be deferred to the receipt of the good, or even increased by the withdrawal period in the case of a distance or off-premises contract
Possible keeping of the card number and its date of validity for purposes of proof for a period of 13 months (which may be extended): Article L.133-24 of the French Monetary and Finance Code

Data related to visual cryptograms

Not beyond the period required for performing the transactions including in the case of successive payments or keeping the card number for later purchases

Accounting documents and supporting receipts

For 10 years (Article L.123-22 of the French Commercial Code)

Audience measurement statistics (information enabling to identify the users and ensure their traceability)

For a period of 13 months

In any event, the personal data collected is kept for the whole period required for the purposes for which it is collected and processed, bearing in mind that its conservation may not exceed the period indicated in the table above.

Sharing personal data with third parties

LAVIGNE may communicate the personal data collected from the Users to its various departments, in particular the customer and marketing departments, and to its technical service providers and/or to subcontractors, which the latter declares to have completely understood and that he/she specifically accepts.
More precisely, this data may be shared with the above-mentioned recipients in the following situations and conditions:

  • When the User uses the payment services, for the implementation of these services, LAVIGNE is in contact with third-party banks and financing companies with which it has entered into agreements
  • When the User publishes information, in the free comment areas of the Website, accessible to the general public, through reviews written on the Website
  • When LAVIGNE uses the services of service providers to provide user assistance, advertisements and payment services. These service providers have a limited access to the User’s data, in relation to the performance of these services and have a contractual obligation to use it in accordance with the provisions of the regulations applicable in terms of protecting personal data
  • If required by law, LAVIGNE may communicate data further to claims presented against LAVIGNE and comply with administrative and judicial procedures
  • If LAVIGNE is involved in a merger, acquisition, transfer of assets or official receivership procedure, it may be required to transfer or share all or part of its assets, including the personal data. In this case, the Users will be informed, before the personal data is communicated to a third party.

As specifically authorised by the User, LAVIGNE may send commercial information to the latter about the company, its services or offers from its partners. However, the User may object, for legitimate reasons, to the processing of information about him/her, including for canvassing purposes.

Rights of the User and methods of using them

In accordance with the regulations applicable to protecting personal data, the User has the following rights:

  • Request access from LAVIGNE to the data about him/her and that he/she has indicated on the Website. In relation to this right to access, he/she must not only have confirmation that his/her personal data is processed or not, and when it is the case, he/she must be able to have access to the purposes of the processing, the categories of personal data in question, the recipients or categories of recipients to whom this data is or will be communicated, the term of keeping his/her personal data, the other rights held by him/her in relation to his/her data, the right to make a claim to the CNIL (French Data Protection Agency) and to know whether LAVIGNE takes automated decisions in relation to his/her data (Article 15 of the GDPR)
  • Object at any time to the processing of his/her personal data and in particular the processing for canvassing purposes (including profiling)
  • Obtain, in the best possible periods, the rectification of the personal data about him/her that is inaccurate and obtain the completion of his/her personal data, even by supplying an additional declaration
  • Obtain the deletion of the personal data about him/her, as soon as possible, by sending his/her written request, along with documents giving evidence of his/her identity, to the following email address: support-cnil@lavigne.fr. LAVIGNE will be required to delete his/her personal data in the following situations:

Personal data is no longer required for the purposes for which it has been collected or processed in another way
The person in question withdraws the consent on which the processing is based and in the absence of any other legal grounds for the processing performed by LAVIGNE
The person in question objects to the processing, in the legal conditions in force stipulated in the GDPR, and without any essential legitimate grounds for the processing in question
The personal data is the subject of unlawful processing
The personal data must be deleted in order to respect a legal obligation stipulated by European Union law or French law
The data in question has been collected in relation to the offer of information society services (Article 17 of the GDPR)

  • Any User must specifically indicate his/her complete identity and the data that he/she wishes to delete, in his/her deletion request regarding personal information about him/her. In this respect, each User is specifically informed that:

a request made in order to delete one or several pieces of personal information about him/her does not automatically entail the deletion of his/her personal account created on the Website
in certain situations, LAVIGNE will be required to keep certain data about them, including after their request for deletion, in accordance with the legal obligations incumbent upon him/her in relation to his/her activity, such as in particular that of keeping invoices.

  • Request limited processing of his/her personal data in certain situations, i.e., when

The accuracy of the personal data is contested by the person in question, for a period enabling the data controller to check the accuracy of the personal data, or
The processing is unlawful and the person in question objects to its deletion and requests a limited use instead, or
The data controller no longer needs the personal data for processing purposes but it is still required for the person in question for acknowledging, using or defending rights in court, or
The person in question objects to the processing (…) [in the legal conditions in force], during the checks on whether the legitimate grounds sought by the data controller prevail over those of the person in question (Article 18 of the GDPR)

  • Receive the data about him/her in a structured format, currently used and machine-readable (right to portability of data)
  • Introduce a claim with a data control authority, such as the Commission Nationale de l’Informatique et des Libertés (French Data Protection Agency)

Moreover, the User has the right to withdraw his/her consent given for the purpose of using and processing his/her personal data, at any time, when his/her consent has been claimed by LAVIGNE for data not required for performing the agreement binding LAVIGNE and the User. In this case, the withdrawal of this consent may be made without this infringing the lawfulness of the processing based on the consent of this User and made before the latter’s withdrawal.

All of the rights, reminded above, may be used in accordance with the conditions stipulated by law, by sending:

  • Either an email to LAVIGNE at the address contact@artstudiolavigne.com, specifying his/her surname, first name, email address
  • Or by letter to the following postal address: LAVIGNE, Personal Data Protection Service, 175 rue Jean Jacques Rousseau 92130 Issy-les-Moulineaux, France.

Safety and privacy measures

LAVIGNE implements organisational, technical, software and physical measures in terms of digital safety in order to ensure the protection of the personal data, collected from the Users on its Website, from alterations, destruction and unauthorised access.

Each User is however specifically informed that internet is not a completely secure environment and that LAVIGNE may not guarantee the safety of the communication or storage of information over the internet.

In any event, any infringement of the personal data about a User and indicated on the Website, that may generate a high risk for the rights and liberties of this User will be communicated to the latter as soon as possible.

Evolution of this Privacy Statement

LAVIGNE reserves the right to amend and/or adapt this Privacy Statement at any time, in particular in order to comply with the legal and regulatory requirements applicable to protecting personal data, and thus to ensure complete transparency of use by LAVIGNE of the personal data collected.

In such an event, LAVIGNE undertakes to publish the new version of this Privacy Statement on the Website. Any User will be informed of the amendments made to this document upon their later connection to the Website, through a specific notice, in order to be able to visualise the amendments made. In the event that the amendments made are particularly significant, the latest version of this Privacy Statement may be communicated to the Users by email, to the email address communicated upon their registration on the Website and the creation of their personal account.

In any event, each User is invited to consult the Privacy Statement in force, on a regular basis, when visiting or placing an order on the Website.

In the event that the User does not accept the amendments made to the Privacy Statement, he/she will have the possibility of requesting that LAVIGNE deletes his/her personal account created on the Website or of asking LAVIGNE to definitively delete his/her personal data.