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PERSONAL DATA PROTECTION CHARTER - Updated 19th August 2022

Delivering to all other european countries

In order to respect the privacy of users of this Website www.atmosphera.com (hereinafter: the Website), the company JJA and the company Dépôt Bingo, together "the Companies", undertake to process the personal data of users (hereinafter the "User(s)") in accordance with the provisions of (EU) Regulation 2016/679: General Data Protection Regulation, which came into force on 25 May 2018 (known as the "GDPR") and the amended French Data Protection Act of 6 January 1978 (known as the "French Data Protection Act").

The purpose of this Personal Data Protection Charter (hereinafter "the Charter") is to inform Users of the methods of processing personal data collected on the Website, the security procedures put in place and the rights Users have.

This Charter is valid for all pages of the Website published by Dépôt Bingo.
 

1. PERSONAL DATA CONTROLLERS

JJA and Dépôt Bingo are jointly responsible for the processing of personal data collected on the Website.
 
Their contact details are as follows:  
 
Dépôt Bingo, whose registered office is located at OURCEL MAISON (60480) Parc d'activités de la Belle Assise, registered with the BEAUVAIS Trade and Companies Register under number 491 127 254.
JJA, whose registered office is located at: 176 Avenue Charles de Gaulle - 92200 NEUILLY-SUR-SEINE, FRANCE registered in the Nanterre Trade and Companies Register under number 308 972 181.
The Companies make available to Users the outline of their agreement concerning their respective responsibility for data processing.
 

2. DATA PROTECTION OFFICERS (

The Dépôt Bingo company has appointed a Data Protection Officer (DPO) whose contact details are as follows
Maître Daphnée SPINETTI - Centre d'affaires Regus - 1, Place de la Gare - 59 000 LILLE, FRANCE
E-mail : dpo@eos-associes.com  

 
JJA has a DPO whose contact details are as follows:
Group Legal Department - ZAC des Tulipes Nord - 4, rue de Montservon - 95500 GONESSE, FRANCE  
E-mail: dpo@jja-sa.com
 
 

3. THE NEED TO COLLECT PERSONAL DATA

3.1.Mandatory collection of personal data

The personal data of Users are collected and processed by JJA and Dépôt Bingo for the following purposes:
  • execution of a request from the User, for example following a contact request made through the contact form on the Website; 
  • performance of contracts entered into by the User;
  • customer account management;
  • shopping basket history;
  • payment and credit management ;
  • payment and credit management;
  • order and delivery management;
  • management of after-sales service, returns and refunds;
  • combatting fraud during payment of an order and management of unpaid bills; 
In the above-mentioned cases, the collection of data is mandatory and the User is informed that any failure to reply may result in a delay or refusal to process their request.
The User may not object to the processing of their personal data for the above-mentioned purposes.


3.2. Collection of personal data based on a legitimate interest

JJA and Dépôt Bingo are entitled to process the User's data for the following purposes:
  • assisting the User to finalise the shopping basket;
  • if the User has placed an order on the Website: sending information or advertising messages for products similar to those ordered;
  • recordings by telephone or chat exchanges between customer service and the User for after-sales service and for the purpose of improving customer service, and the gathering of evidence for use in court;
  • monitoring User satisfaction: opinion on products ordered.  
The legal basis is the legitimate interest pursued by the Companies.
The User has the right to object at any time to the processing of their personal data for the above-mentioned purposes.


3.3.Data collection based on the User's consent

Personal data may also be collected and processed by JJA for the following purposes:
  • marketing and advertising operations carried out by JJA for prospective customers, including sending newsletters, promotional or commercial offers targeted by email, telephone or on social networks,
  • geolocation of the smartphone, 
  • offering to share on social networks.
For implementation of the processing mentioned in this paragraph, data may only be collected after having obtained the consent of the User for each purpose as specified at the time the personal data is collected.
The User may object at any time to receiving commercial prospection by clicking on the link available for this purpose in the prospection email or by writing to the DPO at the above address.


3.4. Collection based on a legal obligation

JJA and Dépôt Bingo set up a data processing to manage any requests concerning exercise of the rights on personal data in accordance with the GDPR and the LIL.

4. CATEGORIES OF PERSONAL DATA COLLECTED

The following personal data may be collected by JJA and Dépôt Bingo:
  • identification data (surname, first name, e-mail address, date of birth, postal address, message to the Companies);
  • identification data on the Website: login, password (encrypted);
  • order reference;
  • data related to the satisfaction of the product(s) ordered for any satisfaction survey;
  • data from telephone records for after-sales service;
  • IP address ;
  • data relating to visits to the Website.  
Bank details (bank card number, i.e., card number, expiry date and visual cryptogram, IBAN and BIC/SWIFT) are collected by the payment service provider OGONE.

5. PURPOSES OF PROCESSING

The collection of the User's personal data is subject to the following processing:

5.1. Management of commercial prospection

JJA processes data for the purpose of commercial prospection by telephone or e-mail to Users of the Website who have placed an order for products similar to those ordered. 
The legal basis is the legitimate interest pursued by JJA.  
The User may at any time object to this type of prospection by clicking on the unsubscribe link provided for this purpose at the bottom of the prospection e-mail or during the telephone call.
 
Users who have not placed an order on the Website must give their prior consent to receive commercial prospection.


5.2. Management of contact - enquiries

The User may contact JJA and/or Dépôt Bingo via the contact form available on the "CONTACT US" page of this Website, by post, by telephone or by e-mail using the contact details on the "LEGAL INFORMATION" page.
 
The purpose of data processing is to enable the Companies to respond to the User's request. If all requested data is not provided or not provided correctly, the Companies will not be able to respond to the request.
 
The legal basis for the processing is the management of a pre-contractual request by the User and, where applicable, the performance of a contract.


5.3. Order and after-sales service management

The Companies implement data processing to process orders placed on this Website by Users, manage order deliveries, manage customer loyalty, manage after-sales service, returns and refunds. 
The legal basis for the processing is the performance of a contract.
Telephone calls will be recorded with the prior consent of the User.   


5.4. Complaint and dispute management

The Companies implement a data processing system to process Users' complaints and to store data related to any dispute.
The legal basis for the processing is compliance with a legal obligation.


5.5. Payment, fraud and non-payment management

The Companies implement data processing to process payments for orders, prevent fraud and manage unpaid invoices.
The legal basis for the processing is the performance of a contractual obligation and the legitimate interest in combatting fraud.


5.6. Newsletter management

JJA processes personal data for the purpose of sending the newsletter. For this purpose, the User must provide their email address on the dedicated insert displayed on the Website. Providing their email address implies the User's consent to receive the newsletter. The User will have the option to withdraw their consent when each newsletter is sent by clicking on the unsubscribe link at the bottom of the email or at any time by contacting the JJA’s DPO at the address indicated in Clause 2 above.


5.7. Management of "product" and "brand" satisfaction surveys JJA and Dépôt Bingo set up data processing for the purpose of carrying out satisfaction surveys by telephone or by e-mail with the Users of the Site who have placed an order for the products they have ordered.
The legal basis is the legitimate interest of the Companies.  
The User may at any time oppose this type of survey by clicking on the unsubscribe link provided for this purpose at the bottom of the prospecting e-mail or during the telephone call.


5.8. Tracer (cookie) management - data generated by browsing on the Website Tracers or cookies are small files that are deposited on the User's terminal when the User visits a Website or a mobile application.
They can be of different kinds:
  • a proprietary cookie is a tracer deposited at the request of the website that the User is visiting. This type of cookie may be necessary to ensure the proper operation of the website and to enable optimal browsing;
 
  • a third-party cookie is a tracer deposited by a third-party company, i.e., other than the company that publishes the Website. These are often cookies deposited by social networks when a plug-in such as a "like" button is displayed on the Website. These cookies are then used to analyse your activity on the internet and post personalised advertising.
The User is informed through the display of a banner on the home page of the Website which allows them to accept, refuse or manage their preferences by type of cookie through the dedicated web page.
The following cookies may be set when visiting the Website:
 
i. Technical cookies for browsing and audience measurement purposes  

These are cookies that are essential for browsing the Website and to make use of the services offered on the Website in order to optimise the ergonomics of the Website and the products and services offered. They also make it possible to measure the use and performance of the Website, compile statistics and volumes of visits and use of the Website's services (content visited, user path during the session and information recorded anonymously, screen size of the device, type of device (unique identifier of the device), browser information, geographical location (country only), and language preference. These cookies are essential for your browsing, and enable you to use the main features of the Website, such as maintaining your identification throughout your browsing.
 
The following types of cookies are involved:
- cookies that retain the choice expressed by the User concerning the deposit of cookies for marketing purposes (acceptance or refusal),
- cookies intended to ensure the security of personal data during authentication to the customer account, and thus avoid identity theft, 
- cookies for fraud prevention purposes, such as the use of robots,
- tracers intended to keep track of the User's shopping basket,
- cookies for personalising the User's interface, such as the choice of language or the use of a service requested by the User,
- audience measurement cookies, which make it possible to measure the use and performance of the site and to draw up anonymous statistics on the number of visitors and the performance and use of the site's services
- the following tracers used by our subcontractor Contentsquare:
- cookies allowing the conservation of the Contentsquare user ID,
- the cookies to exclude the Users from the collection of their personal data in case of refusal to the deposit of the cookies
-  the cookies used to keep the User's consent in case of acceptance of the deposit of cookies. 
 
Without these cookies, the Website cannot function, so they cannot be deactivated.
The User’s content is not required for this type of cookie, the data recovered being anonymous. You can set these cookies via your browser as described in paragraph iv. below, but doing so will prevent you from accessing certain services or degrade your user experience.

ii. Cookies for marketing purposes  

These are cookies that allow us to send you targeted advertisements in line with your interests and your location. They also enable the content of the Site to be personalised according to your browsing habits. 
These cookies may be deposited directly by the Companies or by their subcontractors who may also access information stored in the User's terminal solely on behalf of the Companies.
The data collected by our subcontractors through cookies is not reused on their own behalf. The User's rights on the data collected through the cookies of the subcontracting companies can be exercised directly with one of the Companies' DPOs whose contact details are given in article 2 above. 
The User must give his consent to the use of his cookies before the cookies are deposited on his terminal. They may withdraw their consent at any time via the Cookie Management page available on the Site or by writing to one of the DPOs whose contact details are given in article 2 above. If you refuse to deposit marketing cookies, we will not be able to track your browsing and therefore offer you products and services tailored to your profile.

iii. Google Analytics

Google Analytics is a tool that allows you to consult and analyse the statistics of visits to a website or web application.
Google Analytics allows us to analyse visits to the Website in order to evaluate the performance of marketing actions, content, products, etc.
The data generated by the cookies concerning the use of the website by the User (including the connection IP address) can be recovered by Google Inc. on servers located in the United States. This data will be used for the purpose of evaluating the use of the Website, compiling reports on Website activity and providing other services relating to Website activity and internet usage.
The use of marketing cookies and Google Analytics is subject to the User's consent, which can be withdrawn at any time through the Cookie Management page available on the Site or by writing to one of the DPOs whose contact details appear in article 2 above.
You can also deactivate Google Analytics with the following module: https://tools.google.com/dlpage/gaoptout/?hl=fr

(iv) Browser configuration The User is informed that browsers are set by default to accept the installation of cookies. However, the User has the option to deactivate the use of cookies by selecting the appropriate browser settings, and also delete cookies and browsing data, by going to the Options, Settings or Preferences menu depending on the browser used, namely:
For Internet Explorer: https://support.microsoft.com/fr-fr/windows/supprimer-et-g%C3%A9rer-les-cookies-168dab11-0753-043d-7c16-ede5947fc64d4
For Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr
For Mozilla Firefox: https://support.mozilla.org/fr/kb/protection-renforcee-contre-pistage-firefox-ordinateur
For Safari: https://www.apple.com/legal/privacy/fr-ww/cookies/

6. NATURE OF USERS' RIGHTS OVER THEIR DATA AND HOW TO EXERCISE THOSE RIGHTS

The User is informed that they have the following rights regarding their personal data:  
 
  1. Right of access, i.e., the right of the User to request a list of the personal data concerning them processed by the Companies;  
     
  2. Right to rectification, i.e., the right to request that inaccurate or incomplete information be corrected;
     
  3. Right to erasure ("right to be forgotten"), i.e., the right to request, for legitimate reasons, the deletion of personal data, except where the Companies need to retain the data for legal reasons or for the establishment, exercise or defence of legal claims;
     
  4. Right to withdraw consent, i.e., the right of the User to withdraw consent to the processing of their personal data for legitimate reasons;
     
  5. Right to object, i.e., the right to object, for legitimate reasons, to the use of personal data;    
     
  6. Right to data portability, i.e., the option to obtain and re-use personal data for personal purposes and to request the transfer of such data to another company, where technically possible; 
     
  7. Right to restriction, i.e.: (i) the right of the User to challenge the accuracy of the personal data and request the Companies to cease processing the data during the verification period; (ii) restriction on use of the data where the processing is unlawful; (iii) storage of the personal data in order to allow the User to establish, exercise or defend their legal rights.
     
  8. Right to lodge a complaint: the right to lodge a complaint with the Commission nationale de l'informatique et des libertés (CNIL) [French Data Protection Authority] or any competent supervisory authority.
The exercise of all of the aforementioned rights is carried out directly with the DPO of JJA or the DPO of Dépôt Bingo, whose contact details are provided in Clause 2 above.
If the User makes their request by electronic means, the information will be transmitted to them by the same means, unless the User requests to receive the information by another means of their choice.
In order to provide the requested information, the DPO of Dépôt Bingo or JJA will be required to verify the identity of the User and, if necessary, to ask for proof of identity. If the User's identity cannot be verified, the User is informed that their request may be refused.​

7. RETENTION PERIOD FOR PERSONAL DATA

The Companies undertake that the Data will not be kept longer than necessary for the purpose of the processing.
 
The data is kept for the periods indicated in the table below:
 
 
Contacting us - requesting information - exercising rights
 
 
3 years from the last contact from the User
 
 
Management of the newsletter and sending of solicitations (emailing, telephone calls, faxes, SMS, management of satisfaction surveys, etc.)
 
 
3 years from the last contact from the User
 
If contracts concluded with Dépôt Bingo
 
Duration of the contractual relationship
Then 5 years at the end of the contract for the purpose of establishing, exercising and defending legal rights, and 10 years for accounting purposes.
 
 
Data related to means of payment
 
  • Duration of the online transaction for the bank card cryptogram,
  • The legal withdrawal period of 14 days from delivery or the last payment date if payment by instalments,
  • If the User consents: retention for use in future purchases;  
  • In the event of a complaint: time taken to handle the complaint,
  • In the event of fraud: legal retention period.
 
Data collected by cookies
 
  • 25 months for cookies that do not require consent,
  • 6 months for cookies that require consent - refusal data is also kept for 6 months.

 

8. RECIPIENTS OF THE DATA

The personal data collected are intended for:
  • Dépôt Bingo;
  • JJA ;
  • subcontractors of Dépôt Bingo and JJA responsible for managing orders, managing payments, combatting fraud and recovering unpaid bills, managing deliveries and transport, managing after-sales service, managing maintenance, hosting, changes to, optimisation of the Site, managing marketing and promotional campaigns, managing satisfaction surveys, as well as all administrative and legal authorities that may be directly concerned or at their request;
the following companies in the context of the deposit of third-party cookies:
  • Contentsquare ;
  • Sleeknote ;
  • YouTube ;
  • Google Inc. ;
  • Adobe Inc. ;
Dépôt Bingo and JJA employees and their subcontractors have access to personal data only to the extent necessary to perform their duties. Each of them is subject to an obligation of confidentiality and security.

9. DATA HOSTING LOCATIONS - TRANSFER OUTSIDE THE EUROPEAN UNION

The personal data collected through the Website are processed and hosted on JJA’s computer server, which is located in France.
The data processed by the subcontractors is hosted on computer servers located within the European Union.
Data collected through cookies by third party companies, such as Google Inc, may be hosted on servers located in the United States. The User is informed that the United States does not have legislation equivalent to that of the GDPR or the French Data Protection Act (Loi Informatique et Libertés) with regard to the protection of personal data. To this end, the prior consent of the User is required before allowing these third party companies to access the User's personal data via the deposit of cookies.
 

10. SECURITY OF YOUR PERSONAL DATA

The Companies undertake to make every effort to ensure as to the confidentiality and security of the User's data and to have their staff and subcontractors fulfil these obligations.

The Companies ensure as to optimal security measures against loss, fraudulent intrusion, misuse and alteration of the personal data entrusted to it. All data collected is backed up and stored on a backup medium for the legal retention period as specified in Clause 7 above.

The Website is in full HTTPS, SFTP for transfers with access only via certified IPs.

If the User chooses to accept the registration of their bank card so that they do not have to re-enter their bank card details when making a subsequent purchase, the card number and expiry date will be stored by the payment provider OGONE. This data will be deleted either automatically when the card's validity date expires or at the User's request.
 

11. UPDATE AND MODIFICATIONS OF THE CHARTER

The Charter may change. These changes may concern the processing of new data of Users, who will be informed prior to collection, or may be due to updates following legislative developments such as: recommendations of the CNIL, guidelines, recommendations and good practices of the European Data Protection Committee (EDPS) and decisions of courts and tribunals in this regard;
 

12. APPLICABLE LAW AND SETTLEMENT OF DISPUTES

This Charter has been drawn up in accordance with the provisions of the GDPR and the French Data Protection Act. Any dispute relating to the interpretation and execution of this policy will be subject to the provisions of this legislation.

In the event of any dispute arising from the performance of this agreement, the Parties will make every effort to settle the dispute amicably. In the event of any complaint, the User may send their request to the DPO of Dépôt Bingo.   

The User may also lodge a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL) [French Data Protection Authority] or contact their local personal data protection authority if they do not reside on French territory.

If it is not possible to find an amicable solution, disputes will be submitted to the competent courts.

The User may also have recourse to any other alternative dispute resolution method, such as conventional mediation.
 
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