Privacy Policy
BirkenSale is committed to respecting the privacy and protection of the personal data of the users of its website. In the interests of transparency, BirkenSale has adopted a "Privacy Policy" relating to the personal data of its users collected by BirkenSale on the website it publishes: https://birkensale.com/ (hereinafter the "Site").
BirkenSale has updated its Privacy Policy in accordance with the applicable regulations and in particular Regulation (EU) 2016/679 of 27 April 2016 ("GDPR") and Law No. 78-17 of 6 January 1978, as amended, relating to information technology, files and freedoms ("LIL") and its implementing decree.
Users of the Site acknowledge that they have read and accepted this Privacy Policy at the same time as they have read and accepted the General Terms and Conditions of Use. In the event of user disagreement with the provisions of this Privacy Policy, users remain free not to use the Site and not to provide any personal data.
· Definitions
"Supervisory Authority": refers to the National Commission
"Consent": of the data subject, means any freely given, specific, informed and unequivocal indication of the data subject's wishes by which he or she agrees, by a statement or by a clear affirmative action, to the processing of personal data concerning him or her.
"Recipient": means the natural or legal person, public authority, agency or other body which receives communication of personal data, whether or not it is a third party.
"Personal Data": means any information relating to an identified or identifiable natural person (hereinafter referred to as "Data Subject")
"Identifiable natural person": means a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity.
"Purpose": refers to the purpose pursued by the implementation of the processing (e.g. order management, subscription to newsletters, etc.).
"Restriction of processing": refers to the marking of retained personal data, with a view to limiting their future processing;
"Controller": means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing.
"Site": refers to the https://birkensale.com/ website on which BirkenSale offers its products and services to users.
"Processor": means the natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.
"Third party": means a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
"Processing" means any operation or set of operations which is performed on personal data or sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, the reconciliation or interconnection, limitation, erasure or destruction.
"User": refers to any Internet user visiting the Site and/or benefiting from the Products and/or Services offered on the Site, whose personal data may be processed by BirkenSale under the conditions set out below. One or more Users may be referred to as the Data Subject(s).
· What data is collected?
As a User, when you browse the Site and/or use the services offered on the Site, BirkenSale may collect the following Personal Data about you:
· Identification data: surname, first name, copies of identity card and/or passport, IP address, real or supposed personal interests and/or needs, data relating to the device used
· Contact data: email address, postal address (delivery and invoicing), telephone number
· Payment and billing data: payment method used, bank details, billing information
· Data relating to the interactions between the User and BirkenSale: content of the contact message sent to BirkenSale through the Site
· Data relating to the monitoring of the commercial relationship and the management of orders: requests for information between the User and BirkenSale, history of exchanges with BirkenSale's services, retail and order tracking, subscription to BirkenSale newsletters, validation or abandonment of the shopping cart, etc.
BirkenSale informs its Users that it is likely to collect their Personal Data:
· During their visit to the Site;
· When creating their User account (optional);
· When purchasing a product on the Site;
· When subscribing to BirkenSale newsletters
· When a contact request is made to BirkenSale through the form offered on the Site;
· During any exchange with BirkenSale via the Site.
Regardless of the collection method envisaged, BirkenSale undertakes to inform its Users:
· The purposes of the processing carried out;
· The mandatory or optional nature of the information requested and the possible consequences of a failure to respond;
· The recipients of the data;
· The existence and methods of exercising your rights (including in particular the rights of access, rectification and opposition to the processing of your Personal Data).
· For what purposes and on what grounds is the processing of this data carried out?
BirkenSale collects your Personal Data directly from you, when you browse the Site, use the various services offered on the Site, request contact BirkenSale made through the form offered on the Site, or during any exchange with BirkenSale via the Site.
BirkenSale collects and processes your Personal Data for the following explicit, legitimate and specific purposes:
· To manage the proper functioning and continuous improvement of the Site, the services and functionalities offered;
· Manage and track your product orders placed on the Site;
· Manage and track your subscriptions to BirkenSale's newsletters;
· To offer commercial prospecting and targeted advertising services;
· Respond to all your requests and communicate with you when you contact us through the form offered on the Site
· Respond to your requests for the right of access, rectification and opposition, erasure, limitation, portability, the right to digital death and the right to lodge a complaint with the CNIL;
· To meet the legal or administrative obligations imposed by the legislator.
BirkenSale undertakes to inform its Users in the event that their Personal Data is processed for different purposes.
BirkenSale collects and processes your Personal Data, according to the processing envisaged, on the following basis:
· Management of the proper functioning and continuous improvement of the Site: legitimate interest;
· Management and follow-up of orders: execution of the contract concluded between the User and BirkenSale;
· Management and follow-up of subscriptions to BirkenSale newsletters: User consent;
· Sending commercial prospecting and targeted advertising: consent of the User;
· Management of Users' requests sent by the Site's contact form;
· Management of requests to exercise Users' rights: legal obligation.
BirkenSale informs you that during the use of the services offered on the Site, you may be required to fill in various forms and communicate different Personal Data concerning you in order to benefit from some of the services offered by BirkenSale.
When necessary with regard to the GDPR and the Data Protection Act, BirkenSale undertakes to obtain your consent and/or to allow you to object to the use of your Personal Data for certain purposes.
Thus, you have the opportunity to subscribe to BirkenSale's nutrition programs and newsletters. However, if you no longer wish to receive them, you have the option of unsubscribing by clicking on the link provided for this purpose, mentioned in the body of the email containing the nutrition program or newsletter.
Kitchen Wel may also send commercial solicitations to Users who have accepted it. In the event that you no longer wish to receive such solicitations by email, you may request them at any time and free of charge, by email and without providing any other reason on the Site's contact.
· How long is the data stored?
Personal Data is stored in accordance with the legal provisions for a period not exceeding that necessary for the purposes for which it is collected and processed by BirkenSale.
However, the processing of Personal Data is possible for the purpose of proving a right or contract. This Personal Data may also be kept by BirkenSale in order to comply with a legal obligation, or be kept in files in accordance with applicable regulations and laws.
By way of exception, the Personal Data necessary for the creation and management of the User account are deleted by BirkenSale when the User deletes his account.
Personal Data processed in the context of the management of the commercial relationship between BirkenSale and you, as the buyer of a BirkenSale product, may not be kept beyond the period strictly necessary for the management of this commercial relationship, to which is added the applicable legal limitation period.
Personal Data processed in the context of the management and monitoring of subscriptions to BirkenSale newsletters as well as in the context of commercial prospecting and targeted advertising are kept for three (3) years from the end of the commercial relationship if you are engaged in a contractual relationship with BirkenSale, and three (3) years from the last contact with you if you are not engaged in a business relationship with BirkenSale.
The Personal Data processed in the context of the management and follow-up of your requests made on the Site are kept for three (3) years from the end of the commercial relationship if you are engaged in a contractual relationship with BirkenSale, and three (3) years from the last contact with you if you are not engaged in a commercial relationship with BirkenSale.
For the management of your requests for rights to your Personal Data, your Personal Data is retained for the calendar year of the request plus five (5) years.
However, BirkenSale reminds you that Personal Data that makes it possible to establish proof of a right or a contract, or kept in compliance with a legal obligation, may be subject to an intermediate archiving policy for a period not exceeding the period necessary for the purposes for which they are kept, in accordance with the provisions in force.
· Is the data passed on to third parties?
Only the persons authorised by BirkenSale mentioned below may have access to your Personal Data:
· The authorised staff of the various departments of BirkenSale (the authorised staff of the communication, administrative, logistics and IT departments, in charge of handling customer relations and in charge of control);
· BirkenSale's Subcontractors who act in the name and on behalf of BirkenSale, including in particular the host of the Site, the service provider in charge of processing BirkenSale's customer support service, the service provider in charge of sending newsletters and emails for commercial prospecting and advertising, the service provider in charge of sending commercial prospecting SMS, the service provider in charge of processing payments, order tracking and invoicing;
· The courts concerned, mediators, lawyers, bailiffs, etc. ;
· Third party social networks. BirkenSale informs the User that the Site may use social plugins provided and operated by third-party companies, such as the Facebook, Instagram, Pinterest or Youtube button. By clicking on these buttons, you can send these third parties the information you view on a page of the Site. However, BirkenSale informs the User that if he is not connected to the account he has opened with the third party concerned, the latter will not be able to know the identity of the User. On the other hand, if the User logs in to the account he has opened with the third party concerned, then the latter will be able to link the information or actions relating to the User's interactions with the Site to the account he has opened with this third party. BirkenSale refers the User to consult the privacy policies of each of the third parties concerned in order to be aware of their practices regarding the processing of Personal Data.
As part of its customer support service, BirkenSale uses a service provider.
This is Stripe Payments Europe Ltd., whose registered office is at Block 4, Harcourt Center, Harcourt Road, Dublin 2, Ireland.
This service provider processes on behalf of BirkenSale the Personal Data used to carry out payment and invoicing operations for orders placed on the Site.
As such, BirkenSale informs Users that identification, contact and payment data are directly transmitted to Stripe Payments Europe Ltd. from the Users' browser at the time of placing an order. The Personal Data is used exclusively by Stripe Payments Europe Ltd. for the execution and processing of payments and transmitted securely via the "SSL" encryption method. Stripe Payments Europe Ltd. is PCI DSS certified.
Users can access additional information regarding Stripe Payments Europe Ltd.'s Personal Data Protection Policy by visiting the following link: https://stripe.com/fr/legal
· Order tracking and invoicing
As part of its order tracking and invoicing purposes, BirkenSale uses the Shopify system.
It is Shopify Inc., whose head office is at 150 Elgin Street, Suite 800 Ottawa, ON K2P 1L4 Canada.
This service provider processes on behalf of BirkenSale the follow-up of orders and the invoicing of Users.
As such, BirkenSale informs its Users that by placing an order on the Site, Shopify Inc. may collect and process the following Personal Data:
· User's identification data;
· Billing Data.
Users can access additional information regarding Shopify Inc.'s Personal Data Protection Policy by visiting Shopify Inc.'s Privacy Policy available at: https://www.shopify.com/legal/privacy
If you have any questions, Users also have the option of contacting Shopify Inc.'s Data Protection Officer directly by email at the following address: privacy@shopify.com
· Customer Support
As part of its customer support service, BirkenSale uses the ticketing system of a service provider, for the purposes of technical and qualitative monitoring of customer satisfaction, and its continuous improvement, for the benefit of Users.
This is the Gorgias Company, with its registered office at 768 Harrison St, San Francisco, CA 94107, USA.
This service provider handles on behalf of BirkenSale the requests for service, assistance and any other request from Users.
As such, BirkenSale informs its Users that by submitting a request through one of the contact channels offered by BirkenSale (such as: the contact form on the Site, the live chat system, an email to BirkenSale's contact addresses), Gorgias may collect and process the following Personal Data (depending on the content and the contact channel selected):
· User's identification data
· Contact details
· Data entered by the User as part of his/her request.
Users can access additional information about Gorgias' Personal Data protection policy by visiting Gorgias' privacy policy available at: https://www.gorgias.io/privacy/gdpr
For any questions, Users also have the option of contacting Gorgias' Data Protection Officer directly by email at the following address: support@gorgias.io
· Sending newsletters, commercial prospecting and advertising
As part of its services for sending newsletters, commercial prospecting emails and advertising, BirkenSale uses the email marketing platform of a service provider.
This is Klaviyo, with its registered office at 225 Franklin St, Floor 10, Boston, MA 02110, USA.
This service provider processes its email marketing campaigns (sending newsletters, commercial prospecting and advertising) for Users on behalf of BirkenSale.
As such, BirkenSale informs its Users that by subscribing to BirkenSale newsletters, or by agreeing to receive commercial and advertising offers from BirkenSale, BirkenSale may transfer the following Personal Data of the User to Klaviyo:
· User's identification data
· Contact details
· Device data: time zone, screen resolution, browser and operating system information, location, and language used.
BirkenSale reminds the User that these transfers of Personal Data are necessary for the following processing:
· Management and follow-up of subscriptions to BirkenSale newsletters;
· Sending commercial prospecting and targeted advertising.
This processing is based on the User's consent. Thus, if the User no longer wishes BirkenSale to carry out such transfers, he or she may withdraw his or her consent at any time by clicking on the unsubscribe link in each email containing BirkenSale's newsletters, commercial offers or advertisements.
· Google Tag Manager
BirkenSale informs its Users that it uses the Google Tag Manager tool. This tool allows BirkenSale to manage the tags of its Site (Site code). These facilitate the management and development of the products and services offered on the Site, and reduce the loading time of the Site.
Google Tag Manager implements only the code of the Site. Google Tag Manager does not create cookies or collect any Personal Data. The tool only integrates the code of the Site, and facilitates the modulation of the code without accessing the Personal Data processed by the code.
However, BirkenSale would like to inform its Users of the existence of any tags incorporated into this Privacy Policy.
Users can find more information about Google Tag Manager and their terms of use on Google's pages.
· What are your rights as Users?
As a User, you have the right to access, rectify, port, limit, oppose and delete your Personal Data.
BirkenSale also informs you that you can set guidelines for the retention, deletion and disclosure of your Personal Data after your death.
In addition, with regard to processing operations requiring the collection of your consent, BirkenSale informs you that you may revoke your consent to the processing and use of the data to which you have previously consented, with effect for the future, at any time.
For any questions on this subject or to exercise the rights mentioned above, you can contact BirkenSale through the contact page on our website.
BirkenSale informs you that if you wish to exercise your rights, you must provide BirkenSale in your request with your contact details (surname, first name, address and a copy of a signed identity document) as well as a legitimate reason when this is required by law (in particular in the event of opposition to processing).
When you provide a copy of an identity document to prove your identity, BirkenSale keeps it for the calendar year of the request plus five (5) years, in particular when this communication is made in the context of the exercise of a right to object.
BirkenSale informs you that you have the right to lodge a complaint with a supervisory authority. In UK, this supervisory authority is the Commission Nationale de l'Informatique et des Libertés (CNIL), whose contact details are as follows:
· Postal address: 3 place de Fontenoy – TSA 80715 -75334 Paris Cedex 07 - UK
· Phone : 01 53 73 22 22
· Site: https://www.cnil.fr/fr/webform/adresser-une-plainte
BirkenSale informs you that its products and services available on the Site are intended for adults and minors over 16 years of age only. As such, BirkenSale does not process the Personal Data of minors under the age of 16 without the prior consent of their legal representatives.
BirkenSale reminds any Internet user visiting its Site that if they are under 16 years old, they must not send it any information about themselves and in particular Personal Data, except with the prior consent of their legal representatives.
· Does the Site use cookies?
BirkenSale informs its Users that Cookies consist of a series of information, a small text file, installed by their browser on the hard drive of their terminal when they visit a website.
Thus, Users' browsing on the Site may result in the deposit of "Cookies" on their terminal, if they continue browsing the Site without modifying the settings of their browser.
BirkenSale uses several types of Cookies.
· What safety measures are in place?
BirkenSale takes all necessary precautions, as well as appropriate technical and organizational measures, regularly updated according to technological progress, to preserve the security of Users' Personal Data and, in particular, to prevent it from being distorted, damaged, or accessed by unauthorized third parties.
As such, BirkenSale uses firewalls and encryption systems for Personal Data. BirkenSale's buildings are subject to physical access controls. Only BirkenSale employees who need access to Personal Data because of the functions they perform and in order to carry out their activities, are entitled to have access to Personal Data.
All Personal Data transmitted by Users, including information relating to the payment of orders placed on the Site, is transmitted via the SSL (Secure Socket Layer) standard.
· What about links to third-party websites?
The Site may offer Users links to third-party websites such as Facebook, Instagram, Pinterest or Youtube.
BirkenSale informs Users that it has no control over the content of third-party websites or the practices of these third parties with regard to the protection of the Personal Data they may collect.
Consequently, BirkenSale declines all responsibility for the processing by these third parties of Users' Personal Data.
