LEGAL NOTICE
LEGAL NOTICES AND CONFIDENTIALITY POLICY:
Effective as of 07/19/2021
In accordance with the provisions of Articles 6-III and 19 of Law No. 2004-575 of June 21, 2004 for Confidence in the digital economy, known as LCEN; Users of the musemodesty.fr site are informed of these legal notices.
Connection and navigation on the musemodesty.fr site by the User implies full and unreserved acceptance of these legal notices.
These are accessible on the site under the “Legal notices” section.
LEGAL INFORMATION
MODESTEMENT COUTURE TAILORING & DESIGNING LLC License no. 872618
Publication director :
MODESTLY COUTURE TAILORING & DESIGNING LLC
Contact: contact@musemodesty.fr
THE HOST
The host of the musemodesty.fr site is the Shopify Company Inc., a Canadian company registered on the TSX and NYSE , whose head office is located at 151 O'Connor Street Ground floor Ottawa, Ontario K2P 2L8 Canada , with the following contact details: email: assistance@shopify.com phone: 1-613-241-2828
PREAMBLE
This confidentiality policy informs you about the way in which MODESTEMENT uses and protects the information that you transmit to us when you use this site accessible from the following URL: musemodesty.fr (hereinafter the “Site”).
Please note that this confidentiality policy may be modified or supplemented at any time by MODESTEMENT, in particular with a view to complying with any legal or technological developments. In such a case, the date of its update will be clearly identified at the top of this policy. These modifications bind the user once they have been informed of the posting of the updated confidentiality policy, and have accepted it.
PARTS
This confidentiality policy is applicable between the publisher of the Site, hereinafter “the Editor”, and any person connecting to the Site, hereinafter “the User”.
DEFINITIONS
“Site Content”: elements of all kinds published on the Site, protected or not by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
“Publisher”: MODESTEMENT, SARL taken in its capacity as publisher of the Site.
“User”: any person connecting to the Site.
“Site”: website accessible at the URL musemodesty.fr, as well as subsites, mirror sites, portals and URL variations relating thereto.
SCOPE
This confidentiality policy is applicable to all Users. Clicking on “I accept” when registering on the Site will constitute your full acceptance thereof. Likewise, clicking on “I accept” in the information banner relating to cookies displayed on the Site confirms your acceptance, while allowing you to personalize the cookies that will or will not be applied to you. You acknowledge at the same time that you have read them fully and accept them without restriction.
The User recognizes the evidentiary value of the Publisher's automatic recording systems unless he provides proof to the contrary.
Acceptance of this confidentiality policy assumes on the part of Users that they have the necessary legal capacity for this or that they are at least 16 years old, or failing that, that they have the authorization of a guardian or curator if they are incapable, of their legal representative if they are under 16 years of age, or that they hold a mandate if they act on behalf of a legal entity.
ACCESS TO THE SITE
The site is accessible from any location, 7 days a week, 24 hours a day except in cases of force majeure, scheduled or unplanned interruption which may result from a need for maintenance.
Access to the site and its use are reserved for strictly personal use. You agree not to use this site and the information or data contained therein for commercial, political, advertising purposes or for any form of commercial solicitation, including the sending of unsolicited emails.
RESPONSIBILITIES
The publisher cannot be held liable in the event of a failure, breakdown, difficulty or interruption of operation, preventing access to the site or one of its functionalities.
The site connection material you use is your sole responsibility. You must take all appropriate measures to protect your equipment and your own data, particularly from viral attacks via the Internet. You are also solely responsible for the sites and data you consult.
The publisher cannot be held responsible in the event of legal proceedings against you:
- due to use of the site or any service accessible via the Internet;
- due to your non-compliance with these general conditions.
The publisher is not responsible for damage caused to you, third parties and/or your equipment as a result of your connection or use of the site and you waive any action against it as a result.
If the publisher were to be the subject of an amicable or legal procedure due to your use of the site, it may take action against you to obtain compensation for all damages, sums, convictions and costs which could result from this procedure.
COOKIES
When you first connect to the Publisher's Site, you are warned by a banner at the bottom of your screen that information relating to your browsing may be recorded in files called "cookies". Our cookie use policy allows you to better understand the provisions we implement when browsing our Site. It informs you in particular about all the cookies present on our Site, their purpose, and gives you the procedure to follow to configure them.
- Use of trackers/cookies
The Editor of this Site may install a cookie and other tracer on the hard drive of your terminal (computer, tablet, mobile, etc.) in order to guarantee you smooth and optimal navigation on our website.
“Cookies” are small text files of limited size that allow us to recognize your computer, tablet or mobile in order to personalize the services we offer you.
To better inform you about the information that cookies identify, you will find below a table listing the different types of cookies that may be used on the Publisher's site, their name, their purpose and their retention period.
- Purposes of tracers
With the help of the information contained in the trackers and cookies used, the Publisher can analyze the attendance and use made of the Site and, if necessary, facilitate and improve navigation, carry out prospecting operations, develop commercial statistics or display targeted advertisements.
- Tracers used
Partner Purpose of processing Partner conditions
Shopify Access to secure areas, management of browsing history https://www.shopify.com/legal/cookies
- Configuring your cookie preferences
When you first connect to the Publisher's Site, a banner briefly presenting information relating to the deposit of cookies and similar technologies appears at the bottom of your screen. This banner allows you to make a choice as to which cookies you accept or refuse to place on your terminal. You will be deemed to have given your consent to the deposit of cookies by clicking on the “I accept” icon, either globally or individually. Conversely, you will be deemed to have refused the deposit of cookies by clicking on the “I refuse” icon. Once again, this choice may concern all cookies, or only some of them. In the absence of a choice, you will be deemed to have refused the deposit of cookies. Your decision will be recorded for 6 months and may be subject to modification at any time.
- Cookies exempt from consent
In accordance with the recommendations of the National Commission for Information Technology and Liberties (Cnil), certain cookies are exempt from the prior collection of your consent to the extent that they are strictly necessary for the operation of the website or have the exclusive purpose of enabling or facilitating communication by electronic means. These include session identifier, authentication, load balancing session cookies as well as cookies to personalize your interface. These cookies are entirely subject to this policy to the extent that they are issued and managed by the Publisher.
- Cookies requiring the prior collection of your consent
This requirement concerns cookies issued by third parties and which are qualified as “persistent” insofar as they remain on your terminal until they are deleted or expire.
As such cookies are issued by third parties, their use and storage are subject to their own privacy policies. This cookie family includes audience measurement cookies, advertising cookies as well as social network sharing cookies (such as Facebook, Twitter, Youtube and Instagram).
Audience measurement cookies establish statistics concerning attendance and use of various elements of the Site (such as the content/pages you have visited). This data contributes to improving the ergonomics of the Publisher's Site.
- Maximum shelf life of tracers
The trackers are intended to be kept on the User's computer station for a period of up to 12 months. This data is stored in secure conditions, according to current technical means, in compliance with the provisions of the General Data Protection Regulations and the national legislation in force.
- Opposition to the use of tracers
- Faculty of opposition to the use of tracers
You can accept or refuse the deposit of cookies at any time.
The User can delete or deactivate the use of trackers whenever he wishes by modifying his browser settings. It is possible to consult the Site without trackers. However, certain additional functions of the Site may not work if the User has deactivated the use of trackers, such as auto-completion of forms or navigation indicators.
- Settings
For more information regarding cookie control tools, you can consult the dedicated page on the CNIL website here.
- Browser settings
Each Internet browser offers its own cookie management settings. The User can configure their browser software so that cookies are rejected, either systematically or depending on their issuer. The User can also configure his browser software so that his acceptance or refusal of cookies is offered to him from time to time, before a cookie is likely to be recorded on his terminal.
For the management of cookies and the User's choices, the configuration of each browser is different. It is described in the browser's help menu, which will allow you to know how to modify your cookie preferences:
For Internet Explorer;
For Safari;
For Chrome;
For Firefox;
For Opera.
5.6.2.2. Settings using add-ons
The User can also delete or oppose the installation of cookies on their computer by installing an extension on their browser, such as Ghostery, to download here.
HYPERTEXT LINKS
Any information accessible via a link to other sites is not under the control of MODESTEMENT which declines all responsibility for their content.
PERSONAL DATA
The site musemodesty.fr ensures that the user collects and processes personal information while respecting privacy in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (European regulation on the data protection) repealing Directive 95/46/EC and applicable from May 25, 2018.
Data categories
The personal data collected on the site musemodesty.fr are as follows:
- Identity: title, surname, first name, address, delivery address, telephone number, email address, date of birth, internal processing code allowing identification of the customer, data relating to registration on opposition lists. The following data is mandatory, in the absence of this information it is impossible to place an order: name + first name + address + email address.
- Data relating to orders: transaction number, details of purchases, amount of purchases, data relating to the payment of invoices (payments, unpaid amounts, discounts), product returns.
- Data relating to means of payment: bank card number, expiry date of the bank card, visual cryptogram (which is immediately deleted). This data is mandatory, in the absence of this information it is impossible to place an order.
- Data necessary for carrying out loyalty and prospecting actions: purchase history.
Purpose pursued by the processing for which the data is intended
When you place an order on the musemodesty.fr website; we collect data about you, which is recorded and processed in a customer file.
This file allows you to:
- Verify the identity of people;
- Ensure and improve the security of services;
- Develop, operate, improve, provide and manage the Site;
- Manage orders, payment and delivery.
- Carry out marketing operations (loyalty, promotions) and send advertisements by email to our customers who have not objected or who have accepted it:
- On products similar to those they ordered.
- On other products offered by MODESTEMENT. For example, if a customer buys a dress, a tunic may be offered to them.
- Transmit the data of our customers who have accepted it to our commercial partners, to enable them to send them advertising.
- The personal data collected also aims to provide the services of the site musemodesty.fr , their improvement and the maintenance of a secure environment.
Legal basis for data processing:
- Data collected during registration as well as order management: the legal basis for processing is the execution of a contract (Cf. article 6.1.b) of the European Data Protection Regulation).
- Sending commercial solicitations by email on products similar to those ordered by customers: the legal basis for processing is the legitimate interest of the company (Cf. article 6.1.f) of the European Data Protection Regulation), namely promote our products to our customers.
- Sending commercial solicitations by email on other products offered by MODESTEMENT: the legal basis for processing is consent (Cf. article 6.1.a) of the European Data Protection Regulation), as required by article L. 34-5 of the Postal and Electronic Communications Code.
- Transmission of the electronic address to commercial partners: the legal basis for processing is consent (Cf. article 6.1.a) of the European Data Protection Regulation), as required by article L. 34-5 of the code posts and electronic communications.
Data recipients
- MODESTEMENT’s customer and billing services receive all categories of data.
- Its subcontractors, responsible for delivering its orders, are recipients of the identity, address and telephone number of our customers.
- The data collected can be consulted by members of the Publisher's management, by the staff responsible for preparing your order as well as by the staff responsible for managing the Site.
Data retention period
Personal data collected during browsing is kept for a reasonable period of time necessary for the proper administration of the Site and for a maximum of 12 months, or until the withdrawal of consent from the persons concerned.
The personal data collected when using the contact form or when sending to the contact email address are kept for a reasonable period of time necessary for the proper management of the User's request, and for a maximum of 12 months.
The data collected during registration is kept for the duration of the contractual relationship between the Publisher and the User.
The data collected when using the newsletter form is retained until the consent of the persons concerned is withdrawn.
At the end of each of these deadlines, the Publisher will archive this data and keep it for the time during which its liability may be called into question:
- Data necessary for order management and invoicing: for the entire duration of the commercial relationship and ten (10) years for accounting obligations.
- Data necessary for carrying out loyalty actions and prospecting: for the entire duration of the commercial relationship and three (3) years from the last purchase.
Data relating to means of payment: this data is not kept by the company MODESTEMENT; they are collected during the transaction and are immediately deleted upon payment of the purchase.
Data concerning opposition lists to be received from prospecting : three (3) years.
After this retention period, the Publisher undertakes to permanently delete the data of the persons concerned.
Security and confidentiality of personal data
Personal data is stored in secure conditions, according to current technical means, in compliance with the provisions of the General Data Protection Regulations and the national legislation in force.
Transfer of collected data
Transfer to partners
The Publisher informs you that we use authorized service providers to facilitate the collection and processing of the data that you have communicated to us. These service providers may be located outside the European Union and have access to the data collected on the Site.
The Publisher has previously ensured the implementation by its service providers of adequate guarantees and compliance with strict conditions in terms of confidentiality, use and protection of data, for example via the US PrivacyShield.
The User consents to the data collected being transmitted by the Publisher to its partners and being processed by these partners within the framework of third-party services, namely: No known partner at the moment.
Transfer upon requisition or judicial decision
The User also consents to the Publisher communicating the data collected to any person, upon requisition by a state authority or by judicial decision.
Transfer in the context of a merger or acquisition
If the Publisher is involved in a merger, sale of assets, financing transaction, liquidation or bankruptcy or in an acquisition of all or part of its activity by another company, the User consents to the data collected are transmitted by the Publisher to this company and that this company carries out the processing of personal data referred to in this confidentiality policy in place of the Publisher.
Minimization of personal data
The Publisher may also collect and process any data voluntarily transmitted by a User, in particular via the free field of the contact form.
The Publisher directs Users as much as possible when they provide unnecessary or superfluous personal data.
The Publisher undertakes to only retain and process data strictly necessary for its activities, and will delete any non-useful data received as quickly as possible.
Rights of opposition, query, access, rectification, limitation
In accordance with the regulations applicable to personal data, you have the following rights:
- you can update or delete the data that concerns you by logging into your account and configuring the settings of this account;
- you can delete your account by writing to the following email address: contact@musemodesty.fr
- you can exercise your right of access, to know the personal data concerning you, by writing to the following email address: contact@musemodesty.fr
In this case, before implementing this right, we may ask you for proof of your identity in order to verify its accuracy;
- if the personal data we hold is inaccurate, you can request that the information be updated by writing to the following email address: contact@musemodesty.fr
- you can request the deletion of your personal data, in accordance with applicable data protection laws, by writing to the following email address: contact@musemodesty.fr
- You also have a right to portability and a right to limit the processing of your data (Consult the cnil.fr website for more information on your rights).
- You have the right to request that the processing of your personal data by the Publisher be limited. Thus, your data can only be kept and no longer used by the Publisher.
Withdrawal of consent
If you no longer wish to receive advertising from us (exercise of the right to object or withdrawal of consent already given), contact us at the following address: contact@musemodesty.fr
If, after having consented to your data being transmitted to our commercial partners, you wish to reconsider this choice and no longer receive advertising from them, contact us at the following address: contact@musemodesty.fr
To exercise these rights or for any questions about the processing of your data in this system, you can contact us:
- electronically: contact@musemodesty.fr. By specifying “protection of personal data” in the subject of the email.
- by postal mail: MODESTEMENT to address ; “personal data protection” service.
Reply duration
The Publisher undertakes to respond to your request for access, rectification or opposition or any other additional request for information within a reasonable period of time which cannot exceed 1 month from receipt of your request.
If you believe, after contacting us, that your “Computer and Liberties” rights are not respected, you can send a complaint online to the CNIL