ARTICLE 1.  SUBJECT

The purpose of this privacy policy is to inform Users of the collection and processing of data by POWER SHOP in the context of the use of the 62 Ruby Street Application (hereinafter « the Application »).

 

ARTICLE 2.  DEFINITION

Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as « data subject »); an « identifiable natural person » is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, a location data, an online identifier, or to one or more factors specific to his physical, physiological, genetic, mental, economic, cultural or social identity

Processing means any operation or set of operations that is performed upon personal data or sets of personal data, whether or not by automatic means, 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.

File means any structured set of personal data accessible according to specific criteria, whether this set is centralized, decentralized or distributed functionally or geographically.

Controller means the natural or legal person, public authority, department or other body which, alone or jointly with others, determines the purposes and means of the processing. For the purposes of this Policy, the data controller is POWER SHOP.

Processor means the natural or legal person, public authority, department or other body that processes personal data on behalf of the controller POWER SHOP.

Recipient (partner) means the natural or legal person, public authority, department or other body that receives personal data, whether or not it is a third party.

Intermediate storage means the isolation of data in an intermediate storage base, separate from the active base with restricted access insofar as:

• There is a legal obligation to retain data for a fixed period of time;
• If there is no retention requirement, the data is nevertheless of administrative interest.

ARTICLE 3.  ACCEPTANCE OF THE PRIVACY POLICY

The User must read and accept the privacy policy when registering on the Application. 

This privacy policy is permanently accessible in the settings of the Application.

ARTICLE 4.  IDENTITY OF THE DATA CONTROLLER

The person in charge of the treatment is the SARL POWER SHOP, registered at the RCS of Manosque under the n° 482 322 807 whose head office is 62 avenue Jean Giono- 04100 Manosque represented by Stéphane MARTIN. 

Application : 62 Ruby Street

ARTICLE 5.  THE DATA COLLECTED AND THE PURPOSES OF THE PROCESSING PURSUED BY POWER SHOP

In the course of using the Application, POWER SHOP collects the following personal data for the following purposes:

• To allow you to create a user account on the Application, we collect your email address, your password and your date of birth. 
• To register, you also have the possibility to do so via the Facebook connect tool. This tool allows any account holder on the social network Facebook to use his identification data on this network to create an account on another website. Thus, by clicking on the « Continue as… » button on the online registration form, you are giving Facebook your consent to transfer the data necessary to create your account on the Application. We collect data from your Facebook profile such as your first and last name, profile picture, date of birth, and email address.
• To play on the Application, the following data is collected: email address, password, nickname and photograph.
• To allow you to access your account thereafter (management of your accesses), we collect your email address and your password.
• To enable you to contact POWER SHOP via the online contact form (we collect your name, your first name, your telephone number and any personal data that you enter in the message). 
• To allow you to contact POWER SHOP via our contact email address: contact@62rubystreet.com (we collect your email address and any personal data you enter in your message), via our official pages on social networks.
• To ensure the delivery of lots offered by our Partners, we collect your name, first name, postal address, email address and phone number.  
• To process your requests for exercising your personal data rights, we collect your name, first name, postal address, telephone number and identification.
• To issue gift certificates from our partners, we collect your first and last name.
• To send you your gift vouchers issued by our partners, we collect your email address.
• To allow you to create a new password, we process your email address.

With your consent:

• To allow you to participate in the publicity lotteries of our partners, we collect your e-mail address, your name, your first name, your date of birth, your postal address and any personal data that you may enter in the context of a survey in particular.
• In order to locate you and show you the available Ruby’s near your location, we collect your location data.
• In order to send you newsletters concerning the news and offers of POWER SHOP, we collect your e-mail address.
• To send you promotional emails about our partners, we collect your email address.
• To carry out statistical analyses of our Application, audience measurements, your preferences, we collect the following data:
• Name, first name, email address, time of connection, frequency, places

ARTICLE 6.  THE LEGAL BASIS OF THE PROCESSING

According to Article 6 of the GDPR, data processing is lawful if it is based on one of the following grounds:

• The data subject has given consent to the processing of his or her personal data for one or more specific purposes;
• The processing of personal data is necessary for the performance of a contract to which the data subject is a party or for the performance of pre-contractual measures taken at the request of the data subject;
• The processing is necessary for compliance with a legal obligation to which a data controller is subject;
• The processing is necessary for the purposes of a legitimate interest pursued by the controller or by a third party, unless the interests or fundamental rights and freedoms of the data subject which require the protection of personal data prevail, in particular where the data subject is a child.

The legal grounds on which the POWER SHOP processes personal data are as follows:

6.1. Processing carried out on the legal basis of the execution of the contract

• Online Registration 

• Online Account 

• Content Access to your online account 

• Sending gift certificates
  

 

6.2. Processing carried out on the basis of consent

 

6.3. Processing carried out on the legal basis of legitimate interest

• Contact form, contact email and contact via the official social network pages.

• Registration via the Facebook connect tool. You have the possibility not to transfer some of the data available on your Facebook profile. To do so, you can click on the « Edit this » button on the Facebook tool.

 

ARTICLE 7.  HOW LONG WE KEEP YOUR DATA

Data concerning the sending of newsletters is kept for a period of three (3) years after your last activity on the site, including the sending of an e-mail or the creation of an online account.

Data collected for the execution of the contract is kept for the duration of the contractual relationship as well as for a period of five (5) years from the end of the contract for any reason.

 Personal data processed in the context of a request to exercise rights are kept for five (5) years from the date of the request.

Data that may allow the establishment, defense or exercise of legal rights are kept for five (5) years from the date of collection or the last contact from the prospect.

ARTICLE 8.  RECIPIENTS OF PERSONAL DATA

Personal data are collected and processed by POWER SHOP. However, some of the User’s personal data may also be intended for third parties working with or on behalf of POWER SHOP.

The categories of recipients of the data are as follows:

• The host of the Application: OVH
• The IT service provider responsible for the development and maintenance of the Application
• The commercial partners presented on the Application 
• Software editor for sending newsletters and promotional offers
• Social networks and in particular Facebook®, if the user connects via his Facebook identifiers.

The data may also be communicated to any administrative authority such as the CNIL or judicial authority, provided that the latter is legally entitled to know about it.

 

ARTICLE 9.  LOCATION OF YOUR DATA AND TRANSFER OUTSIDE THE EUROPEAN ECONOMIC AREA

Some recipients of personal data are located outside the European Economic Area (EEA).

In order to carry out transfers of personal data outside the European Economic Area (EEA) with the service providers/subcontractors concerned, POWER SHOP takes contractual, organizational and technical guarantees in compliance with the provisions of the RGPD and the LIL (Law known as the Data Protection Act of 6 January 1978).

ARTICLE 10.  YOUR RIGHTS

10.1.  Right of access (Article 15 of the RGPD)

You have the right to obtain confirmation as to whether or not your personal data is being processed. In the event that data is processed, you have a right of access to such data and to the following information:

1. The purposes of the processing ;
2. The categories of personal data concerned;
3. The recipients or categories of recipients to whom the data have been communicated or will be communicated;
4. If possible, the period of time for which the data is to be kept or, if this is not possible, the criteria used to determine this period;
5. The existence of the right to request the rectification or erasure of data, or a restriction of the processing or the right to object to the processing;
6. The right to lodge a complaint with the CNIL;
7. Where personal data is not collected from you directly, any information available at the source;
8. The existence of automated decision-making, including profiling and, at least in such cases, useful information about the underlying logic and the significance and intended consequences of such processing for you.

You will be provided with a copy of the data subject to processing.

You may be required to pay a reasonable fee based on administrative costs for any additional copies you request.

If you request a copy of the data digitally, it will be provided to you in a commonly used digital form unless you request otherwise.

Finally, the right to obtain a copy of personal data must not infringe on the rights and freedoms of others.

10.2.  Right of rectification (Article 16 of the GDPR)

You have the right to request the rectification of your inaccurate data as soon as possible. You also have the right to obtain that incomplete personal data concerning you be completed, including by providing an additional declaration.

 

10.3.  Right to erasure (Article 17 of the GDPR)

You have the right to have your personal data erased as soon as possible when one of the following reasons applies:

1. The personal data is no longer necessary for the purposes for which it was collected or otherwise processed;
2. You withdraw your consent on which the processing is based and there is no other legal basis for the processing concerned. The withdrawal of consent is valid for the future;
3. You exercise your right to object and there is no compelling legitimate reason for the processing;
4. The personal data has been processed unlawfully;
5. The personal data must be deleted to comply with a legal obligation.

You are informed that the right to erasure may not apply if the processing is necessary for compliance with a legal obligation or for the establishment, exercise or defense of legal claims.

10.4.  Right to restrict processing (Article 18 of the GDPR)

You have the right to request the restriction of the processing of your personal data when any of the following apply:

1. Verification of your data after you have challenged the accuracy of your personal data;
2. The processing is unlawful and you object to the erasure of your personal data and demand the restriction of their use;
3. POWER SHOP no longer needs your personal data for processing, but the data is necessary for you to establish, exercise or defend legal claims;
4. You have objected to the processing and POWER SHOP verifies whether the legitimate reasons pursued by POWER SHOP prevail over your legitimate reasons.

10.5.  Right to the portability of personal data (Article 20 of the GDPR)

At your request, you have the right to receive your personal data in a structured, commonly used and machine-readable format where:

1. The processing is based on consent or on a contract ;
2. And the processing is carried out using automated processes.

In exercising this right, you have the right to have your personal data transferred directly to another controller where technically possible. 

The right to portability must not affect the rights and freedoms of third parties.

10.6.  Right to object (Article 21 of the GDPR)

Pursuant to the right of objection, you have the right to object at any time to the processing of your personal data based on legitimate interests.

Personal data will no longer be processed unless it is demonstrated that there are compelling legitimate grounds for the processing which override your interests and rights and freedoms or for the establishment, exercise or defence of legal claims.

 

10.7.  Fate of post-mortem personal data

Under the law, you have the option of defining your directives concerning the conservation, deletion and communication of your personal data in the event of death.

You can communicate your specific directives to us or register them with a certified digital trustworthy third party. 

You can then designate a person of your choice to carry out your instructions. Otherwise, it will be your heirs.

You may change or revoke your instructions at any time.

10.8.  Right to refer to the CNIL

You have the right to lodge a complaint with the CNIL, the supervisory authority (www.cnil.fr). 

 

ARTICLE 11. HOW TO EXERCISE YOUR RIGHTS

11.1.  Terms and conditions for exercising rights

For all requests concerning the personal data processed by POWER SHOP, you can send your requests to the following addresses

By mail : SARL POWER SHOP – 62 Avenue JEAN GIONO- 04100 MANOSQUE – FRANCE

By e-mail : contact@62rubystreet.com .

POWER SHOP will be able to ask you for a copy of your identity card in case of doubt on the identity of the applicant.

11.2.  Response time

POWER SHOP shall have a period of one (1) month to reply to you from the date of receipt of your request. This period may be extended by two (2) months in view of the complexity and number of requests. POWER SHOP will inform the person concerned within one month of his request.

In the hypothesis of the exercise of your right of deletion or your right to the erasure, you are informed that POWER SHOP could be brought to keep the personal data concerning you in the cases envisaged by the law such as for example, exercise of the rights.

ARTICLE 12. CHANGES TO THE PRIVACY POLICY

The confidentiality policy may be modified at any time, in particular because of a legislative or regulatory change or because of a new treatment implemented by POWER SHOP.

The date of modification of the privacy policy will appear on the said document and the new privacy policy will apply to any connection subsequent to the modification thereof.