PRIVACY POLICY

foyglobalwines.myshopify.com

Last updated on 07/10/2024.

PREAMBLE

This privacy policy informs you about how Foy Global Wines - Le Caviste et Club des Vins uses and protects the information you provide when you use the website accessible at the following URL: www.foyglobalwines.myshopify.com 

Please note that this privacy policy may be modified or supplemented at any time by Foy Global Wines - Le Caviste et Club des Vins, particularly to comply with any legal or technological developments. In such cases, the date of the update will be clearly identified at the top of this policy. These modifications engage the user as soon as they have been informed of the posting of the updated privacy policy and have accepted it.


ARTICLE 1. PARTIES

This privacy policy applies between the publisher of the Site, hereinafter referred to as the "Publisher," and any person connecting to the Site, hereinafter referred to as the "User."

ARTICLE 2. DEFINITIONS

  • "Site Content": Any elements published on the Site, whether protected by intellectual property rights or not, such as texts, images, designs, presentations, videos, diagrams, structures, databases, or software.
  • "Publisher": Foy Global Wines, SARL, acting in its capacity as the publisher of the Site.
  • "User": Any person connecting to the Site.
  • "Site": The website accessible at the URL foyglobalwines.myshopify.com, as well as its subsites, mirror sites, portals, and related URL variations.

ARTICLE 3. SCOPE

This privacy policy applies to all Users. Clicking on "I accept" when registering on the Site will constitute your full and unconditional acceptance of it. Likewise, clicking "I accept" in the cookie information banner displayed on the Site confirms your acceptance, while allowing you to customize the cookies that will be applied. You acknowledge that you have fully understood and accepted this without restriction.

The User acknowledges the evidentiary value of the Publisher's automatic recording systems and, unless proven otherwise, waives the right to contest them in the event of a dispute.

Accepting this privacy policy implies that Users have the legal capacity required to do so or that they are at least 16 years old, or, if not, that they have authorization from a guardian or curator if they are incapable, from their legal representative if they are under 16 years old, or that they are authorized if acting on behalf of a legal entity.

ARTICLE 4. PERSONAL DATA

In accordance with the General Data Protection Regulation (GDPR) adopted by the European Parliament on April 14, 2016, and the applicable national legislation, the Publisher provides you with the following information:

4.1. Identity of the Data Controller

The entity responsible for collecting and processing data on the Site is Foy Global Wines, SARL, with its registered office located at 49 Avenue de la Motte Picquet. Paris. 75015. FR.

4.2. Data Collection by the Publisher

4.2.1. Collected Data

4.2.1.1. Data Collected During Navigation on the Site

When navigating the Site, you consent to the Publisher collecting information related to: the content you view and click on; demographic data; the device used and its software environment; your location; your connection data (times, IP address, etc.).

4.2.1.2. Data Collected When Using the Contact Form or Email Address

Using the contact form or the contact email address requires the Publisher to collect the following personal data: first name, last name, email address, phone number.

The personal data marked with an asterisk is mandatory for using the contact form. Users who do not wish to provide the required information for using the contact form will not be able to send a message to the Publisher directly from the Site.

4.2.1.3. Data Collected When Registering on the Site

Using the registration form requires the Publisher to collect the following personal data: first name*, last name*, postal address*, email address*, date of birth, phone number.

The personal data marked with an asterisk is mandatory for registration on the Site. Users who do not wish to provide the required information for using the registration form will not be able to register directly from the Site.

4.2.1.4. Data Collected When Using the Newsletter Form

In the context of using the newsletter form, the Publisher may collect and process your email address.

4.2.2. Purposes of Personal Data Collection

The data collected during navigation is subject to automated processing aimed at:

  • Verifying the identity of individuals;
  • Ensuring and improving the security of services;
  • Developing, operating, improving, providing, and managing the Site;
  • Contextualizing and improving the User experience;
  • Sending information and contacting individuals, including by email;
  • Targeting advertising content;
  • Preventing any illegal or unlawful activity;
  • Enforcing the terms of use of the Site.

The data collected when using the contact form or the contact email address is subject to automated processing aimed at:

  • Verifying the identity of individuals;
  • Ensuring and improving the security of services;
  • Contextualizing and improving the User experience;
  • Sending information and contacting individuals, including by email;
  • Targeting advertising content;
  • Preventing any illegal or unlawful activity.

The data collected during registration is subject to automated processing aimed at:

  • Executing contractual commitments;
  • Verifying the identity of individuals;
  • Ensuring and improving the security of services;
  • Developing, operating, improving, providing, and managing the Site;
  • Contextualizing and improving the User experience;
  • Sending information and contacting individuals, including by email;
  • Preventing any illegal or unlawful activity;
  • Enforcing the terms of use of the Site.

The data collected when using the newsletter form is subject to automated processing aimed at:

  • Sending newsletters to the User.

4.2.3. Legal Bases for Processing

The data collected during navigation is based on the legitimate interest of the Publisher, namely conducting behavioral analysis on the Site and obtaining improved security and functionality of the Site. Some of this data, such as that derived from the implementation of certain cookies, may be based on the consent of individuals.

The data collected when using the contact form or contact email address is based on the consent of the individuals concerned.

The data collected during registration is based on a contractual relationship.

The data collected when using the newsletter form is based on the consent of the individuals concerned.

4.2.4. Recipients of the Data

The collected data is accessible only by members of the Publisher's management, by personnel in charge of preparing your order, and by personnel responsible for managing the Site. It is never made freely visible to third parties.

4.2.5. Duration of Personal Data Retention

The personal data collected during navigation is retained for a reasonable period necessary for the proper administration of the Site and for a maximum of 12 months or until the withdrawal of consent by the individuals concerned.

The personal data collected when using the contact form or sending an email to the contact address is retained for a reasonable period necessary for the proper management of the User's request and for a maximum of 12 months.

The data collected during registration is retained 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 withdrawal of consent by the individuals concerned.

At the end of each of these retention periods, the Publisher will archive this data and keep it for the time during which its liability may be invoked.

After this retention period, the Publisher commits to permanently deleting the data of the individuals concerned.

4.2.6. Security and Confidentiality of Personal Data

Personal data is retained under secure conditions, according to current technical means, in compliance with the provisions of the General Data Protection Regulation and applicable national legislation.

4.2.7. Data Minimization

The Publisher may also collect and process any data voluntarily provided by a User, particularly through the free text field of the contact form.

The Publisher guides Users as much as possible when they provide unnecessary or superfluous personal data.

The Publisher commits to retaining and processing only the data strictly necessary for its activities and will delete any unnecessary data received as soon as possible.

4.3. Respect for Rights

You have the following rights regarding your personal data, which you can exercise by writing to us at our postal address or by sending an email to the following address: enquire@foyglobalwines.com 

4.3.1. Right to Information, Access, and Communication of Data

You have the right to access personal data concerning you.

Due to the obligation of security and confidentiality in processing personal data imposed on the Publisher, your request will only be processed if you provide proof of your identity, notably by providing a scanned copy of your valid identity document (in case of a request by email) or a signed photocopy of your valid identity document (in case of a written request), both accompanied by the statement “I certify on my honor that this copy of my identity document is compliant with the original. Done in ... on ...,” followed by your signature.

To assist you in your request, you can find a model letter prepared by the CNIL (Commission Nationale de l'Informatique et des Libertés).

4.3.2. Right to Rectification, Deletion, and Right to be Forgotten

You have the right to request the rectification, updating, blocking, or deletion of your personal data that may be inaccurate, erroneous, incomplete, or outdated.

You can also provide general and specific directives regarding the fate of personal data after your death. If applicable, the heirs of a deceased person may request that the death of their loved one be taken into account and/or that necessary updates be made.

To assist you in your request, you can find a model letter prepared by the CNIL.

4.3.3. Right to Object to Data Processing

You have the right to object to the processing of your personal data.

To do so, you should send an email to the following address: enquire@foyglobalwines.com In this email, you will need to specify the data you wish to have deleted and the reasons justifying this request, unless it concerns commercial prospecting.

4.3.4. Right to Data Portability

You have the right to receive the personal data you have provided to us in a transferable, open, and readable format.

4.3.5. Right to Limit Processing

You have the right to request that the processing of your personal data by the Publisher be limited. Thus, your data may only be retained and not used by the Publisher.

4.3.6. Withdrawal of Consent

Your consent is essential for the processing of your data by the Publisher. However, you can withdraw your consent at any time. This withdrawal will result in the deletion of your personal data.

The services requiring the processing of your data by the Publisher will no longer be accessible.

4.3.7. Response Times

The Publisher commits to responding to your request for access, rectification, opposition, or any other request for additional information within a reasonable time frame not exceeding 1 month from the receipt of your request.

4.3.8. Complaint to the Competent Authority

If you believe that the Publisher is not fulfilling its obligations regarding your personal information, you can file a complaint or request with the competent authority. In France, the competent authority is the CNIL, to which you can send a request here.

4.4. Transfer of Collected Data

4.4.1. Transfer to Partners

The Publisher informs you that we use authorized service providers to facilitate the collection and processing of the data you have provided 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 ensured that its service providers implement adequate safeguards and comply with strict conditions regarding confidentiality, usage, and protection of data, for example, through the U.S. Privacy Shield.

The User consents to the collected data being transmitted by the Publisher to its partners and being processed by these partners as part of third-party services, namely:

No known partners at this time.

4.4.2. Transfer upon Request or Judicial Decision

The User also consents to the Publisher disclosing the collected data to any person, upon request by a state authority or by judicial decision.

4.4.3. Transfer in the Event of a Merger or Acquisition

If the Publisher is involved in a merger, asset sale, financing operation, liquidation or bankruptcy, or in the acquisition of all or part of its business by another company, the User consents to the collected data being transferred by the Publisher to that company, and for that company to carry out the personal data processing outlined in this privacy policy in place of the Publisher.

ARTICLE 5. COOKIE POLICY

When you first log in to the Publisher's Site, you are notified by a banner at the bottom of your screen that information related to your browsing may be recorded in files known as "cookies." Our cookie policy helps you better understand the measures we implement regarding navigation on our Site. It provides information about all the cookies present on our Site, their purposes, and instructions on how to configure them.

5.1. Use of Trackers/Cookies

The Publisher of this Site may place a cookie and other trackers on the hard drive of your device (computer, tablet, mobile, etc.) to ensure a smooth and optimal browsing experience on our website.

Cookies (or session tokens) are small text files of limited size that allow us to recognize your computer, tablet, or mobile device to personalize the services we offer you.

To clarify the information that cookies identify, below is a table listing the different types of cookies that may be used on the Publisher's site, their names, purposes, and their retention periods.

5.2. Purposes of Trackers

With the help of the information contained in the trackers and cookies used, the Publisher can analyze the traffic and usage of the Site and, if applicable, facilitate and improve navigation, conduct marketing operations, compile commercial statistics, or display targeted advertisements.

5.3. Used Trackers

Partner

Purpose of Processing

Partner Conditions

Shopify

Access to secure areas, management of browsing history

Shopify Cookies Policy

5.4. Configuring Your Cookie Preferences

When you first log in to the Publisher's Site, a banner briefly presenting information related to the placement of cookies and similar technologies appears at the bottom of your screen. This banner allows you to make a choice regarding the cookies you accept or refuse to place on your device. You will be deemed to have given your consent for the placement of cookies by clicking on the "I accept" icon, either globally or individually. Conversely, you will be deemed to have refused the placement of cookies by clicking on the "I refuse" icon. Again, this choice can apply to all cookies or only some of them. In the absence of a choice, you will be deemed to have refused the placement of cookies. Your decision will be recorded for 6 months and can be modified at any time.

5.4.1. Cookies Exempt from Consent

In accordance with the recommendations of the French Data Protection Authority (CNIL), certain cookies are exempt from the requirement to obtain your prior consent as they are strictly necessary for the functioning of the website or have the exclusive purpose of enabling or facilitating electronic communication. This includes session ID cookies, authentication cookies, load balancing session cookies, and cookies for personalizing your interface. These cookies are fully subject to this policy as they are issued and managed by the Publisher.

5.4.2. Cookies Requiring Prior Consent

This requirement applies to cookies issued by third parties and classified as "persistent" as they remain on your device until they are deleted or reach their expiration date.

Since these cookies are issued by third parties, their use and placement are subject to their own privacy policies. This category includes audience measurement cookies, advertising cookies, and social media sharing cookies (such as Facebook, Twitter, YouTube, and Instagram).

Audience measurement cookies establish statistics regarding the traffic and use of various elements of the Site (such as the contents/pages you have visited). This data contributes to improving the usability of the Publisher's Site.

5.5. Maximum Retention Period for Trackers

Trackers are intended to be stored on the User's computer for up to 12 months. These data are stored securely, according to current technological means, in compliance with the provisions of the General Data Protection Regulation and applicable national legislation.

5.6. Opposition to the Use of Trackers

5.6.1. Right to Oppose the Use of Trackers

You can accept or refuse the placement of cookies at any time.

The User can delete or deactivate the use of trackers whenever they wish by modifying their browser settings. It is possible to browse the Site without trackers; however, some additional functions of the Site may not work if the User has disabled the use of trackers, such as form auto-completion or navigation indicators.

5.6.2. Settings

For more information regarding tools for managing cookies, you can consult the dedicated page on the CNIL website.

5.6.2.1. Browser Settings

Each internet browser offers its own cookie management settings. The User can configure their browser software to reject cookies, either systematically or depending on their issuer. The User can also configure their browser software to prompt them to accept or refuse cookies on a case-by-case basis before a cookie may be stored on their device.

Cookie management settings and User choices differ for each browser. This is described in the browser’s help menu, which will guide you on how to modify your cookie preferences:

  • For Internet Explorer;
  • For Safari;
  • For Chrome;
  • For Firefox;
  • For Opera.

5.6.2.2. Settings via Add-ons

The User can also remove or oppose the placement of cookies on their device by installing an extension on their browser, such as Ghostery, which can be downloaded here.

ARTICLE 6. INTELLECTUAL PROPERTY

6.1. Legal Protection of Site Contents

The contents of the Site may be protected by copyright and database rights. Any representation, reproduction, translation, adaptation, or transformation, in whole or in part, carried out illegally and without the consent of the Publisher or its rights holders constitutes a violation of Books I and III of the Intellectual Property Code and may result in legal action for counterfeiting.

6.2. Contractual Protection of Site Contents

The User undertakes, contractually, not to use, reproduce, or represent, in any way, the contents of the Site, whether or not protected by intellectual property rights, for any purpose other than reading by a robot or browser. This prohibition does not apply to indexing robots that aim solely to scan the content of the Site for indexing purposes.

ARTICLE 7. FINAL PROVISIONS

7.1. Modifications

This Privacy Policy may be modified at any time by the Publisher. The terms applicable to the User are those in effect at the time of their connection to the Site. Any substantial modification of this privacy policy will be communicated upon the User's first connection following its entry into force. This new privacy policy will then require a new acceptance.

7.2. Entirety

The nullity of one of the clauses of this contract shall not lead to the nullity of the other clauses of the contract or the contract as a whole, which shall retain their full effect and scope. In such a case, the parties must, as far as possible, replace the annulled stipulation with a valid stipulation that corresponds to the spirit and purpose of these provisions.

7.3. Non-Renunciation

The absence of exercise by the Publisher of the rights recognized herein shall not in any case be interpreted as a waiver of the said rights.

7.4. Languages

These terms are provided in French / English / Spanish

7.5. Abusive Clauses

The stipulations of these conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning abusive clauses in contracts concluded between a professional and a consumer.

ARTICLE 8. DISPUTES

8.1. Applicable Law

This Privacy Policy is subject to the application of French law and European regulations, particularly the European Regulation on Data Protection.

8.2. Disputes

Under Ordinance No. 2015-1033 of August 20, 2015, any disputes that may arise in the context of the execution of these general conditions and for which a solution could not be found amicably between the parties must be submitted.

Since January 1, 2016, mediation is mandatory for everyone. Thus, any professional selling to individuals is required to provide the contact details of a competent mediator in the event of a dispute, regardless of whether they sell remotely or in a physical store (Source: FEVAD).

Foy Global Wines - Le Caviste et Club des Vins / enquire@foyglobalwines.com