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blackswan

Privacy Policy

PRIVACY POLICY www.blackswan.paris

Last updated on 09/21/2020 .

PREAMBLE

This Privacy Policy informs you about how BlackSwan uses and protects the information you transmit to us when you use this site accessible from the following URL: www.blackswan.paris (hereinafter the “Site”).

Please note that this Privacy Policy may be amended or supplemented at any time by BlackSwan , in particular to comply 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 commit the user once they have been informed of the posting of the updated privacy policy, and they have accepted it.

ARTICLE 1. PARTIES

This Privacy Policy is applicable between the publisher of the Site, hereinafter " the Publisher ", and any person connecting to the Site, hereinafter " the User ".

ARTICLE 2. DEFINITIONS

" Contents of the Site" : elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.

Editor ”: BlackSwan , SAS taken in its capacity as publisher of the Site.

" User " : anyone connecting to the Site.

“Site” : website accessible at the URL www.blackswan.paris , as well as sub-sites, mirror sites, portals and URL variations relating thereto.

ARTICLE 3. SCOPE

This privacy policy is applicable to all Users. Clicking on "I accept" when registering on the Site will imply your full and complete acceptance of it. Similarly, clicking on "I accept" in the information banner relating to cookies displayed on the Site entails your confirmation of this acceptance, while allowing you to personalize the cookies which will or will not be applied to you. By the same token, you acknowledge having read them fully and accepting them without restriction.

The User recognizes the proof value of the Publisher's automatic recording systems and, except for him to provide proof to the contrary, he waives the right to contest them in the event of a dispute.

Acceptance of this privacy 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 tutor or a curator if they are incapable, their legal representative if they are under 16, or that they hold a power of attorney if they are 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 national legislation in force, the Publisher provides you with the following information:

4.1. Identity of the controller

The person responsible for the collection and data processed on the Site is BlackSwan , SAS , whose head office is located 12 Boulevard Voltaire Recording in progress .

4.2. Data collection by the Publisher

4.2.1. Data collected
4.2.1.1 Data collected while browsing the Site

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

4.2.1.2. Data collected when using the contact form or the contact email address

The use of the contact form or the contact email address by the User supposes the collection by the Editor of the following personal data: surname, first name, email address*, telephone number.

The personal data followed by an asterisk are mandatory for the use of the contact form. Users who do not wish to provide the information required to use 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

The use of the registration form by the User supposes the collection by the Publisher of the following personal data: surname*, first name*, postal address*, email address*, date of birth, telephone number.

The personal data followed by an asterisk are mandatory for registration on the Site. Users who do not wish to provide the information required to use the registration form will not be able to register directly from the Site.

4.2.1.4. Data collected when using the newsletter form

As part of the use of the newsletter form, the Publisher may collect and process: your email address.

4.2.2. Purposes of collecting personal data

The data collected during navigation is subject to automated processing for the purpose of:

  • Verify the identity of people;
  • Ensure and improve the security of the services;
  • Develop, operate, improve, provide and manage the Site;
  • Contextualize and improve the User's experience;
  • Send information and contact people, including by e-mail;
  • Target advertising content;
  • Avoid any illicit or illegal activity;
  • Enforce the conditions relating to the use of the Site.

The data collected when using the contact form or the contact email address is subject to automated processing for the purpose of:

  • Verify the identity of people;
  • Ensure and improve the security of the services;
  • Contextualize and improve the User's experience;
  • Send information and contact people, including by e-mail;
  • Target advertising content;
  • Avoid any illicit or illegal activity.

The data collected during registration is subject to automated processing for the purpose of:

  • Execute its contractual commitments;
  • Verify the identity of people;
  • Ensure and improve the security of the services;
  • Develop, operate, improve, provide and manage the Site;
  • Contextualize and improve the User's experience;
  • Send information and contact people, including by e-mail;
  • Avoid any illicit or illegal activity;
  • Enforce the conditions relating to the use of the Site.

The data collected when using the newsletter form is subject to automated processing for the purpose of:

  • send newsletters to the User.
4.2.3. Legal bases for processing

The data collected during browsing has the legal basis of the Publisher's legitimate interest, namely to carry out an analysis of behavior on the Site and to obtain improved security and operation of the Site. Some of this data, such as that resulting from the installation of certain cookies, may have the consent of individuals as its legal basis.

The data collected when using the contact form or using the contact email address has the legal basis of the consent of the persons concerned.

The data collected during registration has a contractual relationship as its legal basis.

The data collected when using the newsletter form has the legal basis of the consent of the persons concerned.

4.2.4. Data recipients

The data collected can only be viewed by the members of the Publisher's management, by the staff in charge of preparing your order as well as by the staff in charge of managing the Site, and are never made freely viewable by a person. third-party physics.

4.2.5. Duration of retention of personal data

Personal data collected during browsing is kept for a reasonable period necessary for the proper administration of the Site and for a maximum of 12 months, or until the consent of the persons concerned is withdrawn.

The personal data collected when using the contact form or when sending to the contact email address are kept 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 kept for the duration of the contractual relationship between the Publisher and the User.

The data collected when using the newsletter form is kept until the consent of the persons concerned is withdrawn.

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

After this retention period, the Publisher undertakes to permanently delete the data of the persons concerned.

4.2.6. Security and confidentiality of personal data

Personal data is stored in secure conditions, using current technical means, in compliance with the provisions of the General Data Protection Regulations and the national legislation in force.

4.2.7. 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 useless or superfluous personal data.

The Publisher undertakes to keep and process only the data strictly necessary for its activities, and will delete any non-useful 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: hello@blackswan.paris .

4.3.1. Right to information, access and communication of data

You have the possibility to access the personal data which concern you.

Due to the obligation of security and confidentiality in the processing of personal data incumbent on the Publisher, your request will only be processed if you provide proof of your identity, in particular by producing a scan of your valid identity document (if requested by email) or a signed photocopy of your valid identity document (if requested in writing), both accompanied by the words "I swear that the copy of this identity document conforms to the original. Done at … on …”, followed by your signature.

To help you in your approach, you will find here a letter template developed by the CNIL.

4.3.2. Right of rectification, deletion and right to be forgotten

You have the option of requesting the rectification, updating, blocking or deletion of your personal data which may prove to be inaccurate, erroneous, incomplete or obsolete.

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

To help you in your approach, you will find here a letter template developed by the CNIL.

4.3.3. Right to object to data processing

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

To do so, please send an email to the following address: hello@blackswan.paris . In this email, you will need to specify the data you wish to see deleted as well as the reasons justifying this request, except in the case of 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 restriction of processing

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.

4.3.6. Withdrawal of consent

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

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

4.3.7. 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 may not exceed 1 month from receipt of your request.

4.3.8. Complaint to the competent authority

If you consider that the Publisher does not respect its obligations with regard to your personal information, you can address a complaint or a request to 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 that you have communicated to us. These service providers may be located outside the European Union and have communication of 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 data protection, 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:

Partner Quality Destination country Treatment carried out Warranties
facebook ads manager Subcontractor and Co-contractor USA (Privacy Shield) Carrying out prospecting operations. https://www.facebook.com/policy.php
Facebook Analytics Subcontractor and Co-contractor USA (Privacy Shield) Development of commercial statistics in order to generate reports on the interactions of Internet users. https://www.facebook.com/policy.php
Google Analytics Subcontractor and Co-contractor USA (Privacy Shield) Development of commercial statistics in order to generate reports on the interactions of Internet users. https://policies.google.com/privacy
Facebook Co-contractor USA (Privacy Shield) Management of people's opinions on products, services or content. https://www.facebook.com/policy.php
GoogleAdwords Subcontractor and Co-contractor USA (Privacy Shield) Carrying out prospecting operations. https://policies.google.com/privacy
Twitter Ads Subcontractor and Co-Manager USA (Privacy Shield) Carrying out prospecting operations. https://twitter.com/en/privacy
Twitter Co-contractor USA (Privacy Shield) Management of people's opinions on products, services or content. https://twitter.com/en/privacy

4.4.2. Transfer on 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.

4.4.3. Transfer as part of a merger or acquisition

If the Publisher is involved in a merger, a sale of assets, a financing transaction, a liquidation or bankruptcy or in an acquisition of all or part of its activity by another company, the User agrees that the data collected are transmitted by the Publisher to this company and that this company operates the processing of personal data referred to in this privacy policy instead of the Publisher.

ARTICLE 5. TRACKER/COOKIE POLICY

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 saved in files called "cookies". Our policy on the use of cookies allows you to better understand the provisions that we implement in terms of navigation on 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.

5.1. Use of trackers/cookies

The Publisher of this Site may proceed to the implementation of a cookie and other tracer on the hard drive of your terminal (computer, tablet, mobile, etc.) in order to guarantee you a smooth and optimal navigation on our website.

“Cookies” (or connection cookies) are small text files of limited size that allow us to recognize your computer, tablet or mobile phone for the purpose of personalizing 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 likely to be used on the Publisher's site, their name, their purpose and their retention period.

5.2. Purposes of plotters

With the help of the information contained in the tracers and cookies used, the Publisher can analyze the frequentation and the use made of the Site and, if necessary, facilitate and improve navigation, carry out prospecting operations, develop commercial statistics. or display targeted advertisements.

5.3. Tracers used

Partner Purpose of processing Partner Terms
Shopify Access to secure areas, browsing history management https://www.shopify.com/legal/cookies
 

5.4. 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 deposit 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 relate to all cookies, or to some of them only. In the absence of choice, you will be deemed to have refused the deposit of cookies. Your decision will be recorded for 6 months and may be modified at any time.

5.4.1 Cookies exempt from consent

In accordance with the recommendations of the Commission Nationale de l'Informatique et des Libertés (Cnil), certain cookies are exempt from the prior collection of your consent insofar as they are strictly necessary for the operation of the website or have the exclusive purpose of allowing or facilitating electronic communication. These include session identifier cookies, authentication cookies, load balancing session cookies as well as cookies for customizing your interface. These cookies are fully subject to this policy insofar as they are issued and managed by the Publisher.

5.4.2 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 in your terminal until they are deleted or expire.

Since such cookies are issued by third parties, their use and deposit are subject to their own privacy policies. This cookie family includes audience measurement cookies, advertising cookies and social network sharing cookies (such as Facebook, Twitter, Youtube and Instagram).

Audience measurement cookies establish statistics concerning the frequentation and use of various elements of the Site (such as the content/pages you have visited). These data contribute to improving the ergonomics of the Publisher's Site.

5.5. Maximum shelf life of tracers

The tracers are intended to be kept on the User's computer station for a period of up to 12 months. These data are stored under secure conditions, according to current technical means, in compliance with the provisions of the General Data Protection Regulations and the national legislation in force.

5.6. Opposition to the use of tracers

5.6.1. Faculty of opposition to the use of tracers

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

The User can remove or deactivate the use of tracers whenever he wishes by modifying the parameters of his browser. It is possible to consult the Site without tracers. Certain ancillary functions of the Site may however not work if the User has deactivated the use of tracers, such as the auto-completion of forms or navigation indicators.

5.6.2. Settings

For more information on cookie control tools, you can consult here 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 his navigation software so that cookies are rejected, either systematically or according to 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 saved on his terminal.

For the management of cookies and User choices, the configuration of each browser is different. It is described in the help menu of the browser, which will allow you to know how to modify your wishes in terms of cookies:

5.6.2.2. Settings using add-ons

The User can also delete or oppose the installation of cookies on his workstation by installing an extension on his browser, such as Ghostery, to download here .

ARTICLE 6. INTELLECTUAL PROPERTY

6.1. Legal Protection of Site Content

The Contents of the Site are likely to be protected by copyright and database law. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of the Publisher or its successors or assigns constitutes a violation of Books I and III of the Intellectual Property Code and will be liable to give rise to legal proceedings for infringement

6.2. Contractual protection of Site Content

The User undertakes contractually with regard to the Publisher not to use, reproduce or represent, in any way whatsoever, the Contents of the Site, whether or not they are protected by an intellectual property right, for a purpose other than that of their reading by a robot or a browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Site for indexing purposes.

ARTICLE 7. FINAL STIPULATIONS

7.1. Amendments

This Privacy Policy may be modified at any time by the Publisher. The conditions applicable to the User are those in force when connecting to the Site. Any substantial modification of this privacy policy will be the subject of information during the first connection of the User following their entry into force. This new confidentiality policy will then have to be the subject of a new acceptance.

7.2. Wholeness

The nullity of one of the clauses of this contract will not entail the nullity of the other clauses of the contract or of the contract as a whole, which will retain their full effect and scope. In such a case, the parties must, as far as possible, replace the canceled stipulation with a valid stipulation corresponding to the spirit and the object of these presents.

7.3. Non-waiver

The lack of exercise by the Publisher of the rights which are recognized to him by the present can in no way be interpreted as a renunciation to assert the said rights.

7.4. Languages

These conditions are offered in French.

7.5. Unfair terms

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

ARTICLE 8. DISPUTES

8.1. Applicable right

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

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 whose solution could not be found beforehand amicably between the parties should be submitted to Medicines .

8.3. Arbitration

Any dispute relating to or in connection with this contract shall be settled by arbitration in accordance with the rules FastArbitre of the Digital Institute of Arbitration and Mediation.