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