Legal notices

1- Legal notices regarding the website www.vitry.com

Publisher

VITRY

A Public Limited Company | Share capital: €302,050 | Commercial and Companies Register (RCS) of Paris, no. 612 038 919

Registered office: VITRY SA, 32-34 avenue Kléber, 75116 Paris, France

Telephone number: 02 40 78 27 95

VAT no.: FR 83 612 038 919

Publication Director: VITRY, represented by Ms Emmanuelle Dieudonné in her capacity as Communications Manager.

To contact us: Contact form

Host

Agence KALELIA

A Limited Liability Company | Share capital: €20,000 | RCS of Nantes, no.: 529 117 640

Registered office: 3, Allée Susan Brownell Anthony – 44200 Nantes

Tel.: 02 51 85 26 41

2- Intellectual property

The website as a whole, in addition to the independent elements which make up the website (brands, drawings, models, photographs, texts, illustrations, logos, animated or unanimated sequences, whether with sound or without, graphics, etc.) is exclusively owned by VITRY or the third party who has been granted a licence.

Verbal or figurative brands that appear on the Website are brands that have been patented by the VITRY company or by third parties.

The act of using the Website does not grant any right over these elements, and any total or partial representation of the Website or the component elements, without express and prior authorisation from the VITRY company, is prohibited and is considered an act of counterfeiting, which is sanctioned by the civil and criminal provisions in force.

3- Liability

The VITRY company will do its best to ensure the availability of the Website and the reliability, exactness and relevance of the information given therein for information purposes. Nevertheless, VITRY will not be held liable in the event of unavailable, inexact or incorrect information. The Website user accepts sole liability when using the information and tools available on the website.

The user acknowledges that they have the necessary skills and means to access and use the Website. The user agrees to respect these legal notices.

VITRY reserves the right to change or correct the contents of the Website and these notices at any time and without notice.

4- Links

The creation of hypertext links directed to the Website can only be made with express, written and prior authorisation from VITRY.

The third-party links that appear on the Website may re-direct you to third-party websites which are not affiliated with VITRY. VITRY is not required to investigate or evaluate the contents or accuracy of these websites, and shall not be held liable for the content, websites, products, services or other elements accessible on or from these third-party sites. VITRY accepts no liability for the content, advertisements, products or services available on or from the websites linked to their website via a hypertext link, nor for any harm or damage linked to the purchase or use of goods, services, resources or content or any other transaction made in relation to these third-party websites. Please read the third party’s policies and practices carefully and make sure that you fully understand them before committing to any transaction. Grievances, complaints, concerns or questions regarding products belonging to these third parties must be sent to these third parties.

5- Personal data

We may need to collect personal data concerning you. To find out more about our personal data protection policy, please consult our Privacy Protection Policy.

6- Applicable law and jurisdiction

These notices are regulated by French law and fall within the jurisdiction of French courts.

Personal data protection policy

This confidentiality policy was updated on 28/05/2020.

1- Introduction

The VITRY company (‘we’) attaches particular importance to respecting the privacy and personal data of our website’s users, in accordance with the legal provisions in force.

This privacy protection policy will allow you to better understand the personal data protection principles that we apply. We invite you to read this policy carefully before giving us your personal data.

VITRY, whose registered office is located at 112 avenue Kléber – 75116 Paris, France, represented by its legal representative, is responsible for processing personal data for the website www.vitry.com (‘the Website’).

We may update this privacy protection policy at any time based on legal or regulatory factors. The date of the policy’s most recent version will appear on this page. We invite you to refer to this regularly.

Please note that while using the Website, you authorise us to collect and process your personal data in accordance with this confidentiality policy, which respects the regulations in force.

2- At what point do we collect your personal data?

We collect personal data from you when:

• You visit our Website;
• You subscribe to our newsletters;
• You sign up to one of our loyalty programmes;
• You participate in special transactions, in particular competitions, product tests or satisfaction, opinion or market surveys;
• You share content on social networks such as Instagram, Facebook, Pinterest or Twitter while using the hashtag #vitryfr or other hashtags that we may suggest;
• You contact us, in particular when you call or send a request or complaint to our Customer Service department, when you give your opinion about our products and/or services or when you communicate in real time with other visitors;
• You have agreed for third parties to send us your data.

3- What personal data do we collect?

We are mainly likely to collect the following personal data:

• Data relating to your identity, in particular your title, surname, first name(s), postal address, telephone numbers, e-mail address, usernames and passwords, your date of birth or your age;
• Data to monitor our professional relationship, your online activity, your previous requests or correspondence with our Customer Service department, your preferences or interests or information relating to one of our loyalty programmes;
• Data relating to your social network accounts (username, caption, location, etc.), uploads and posts when you download content or use the hashtag #vitryfr or other hashtags that we may suggest on certain social networks;
• Content data (photographs, videos, opinions, comments, etc.);
• Wellness data (beauty concerns, skin type, skin sensitivity, contraindications, etc.) subject to your prior and explicit consent, in particular within the context of cosmetovigilance, or data from a Vitry beauty consultation;
• Data relating to the listening and recording of telephone conversations in order to offer you the best service, in particular for the purposes of training and assessing our employees or those of our Customer Service management service provider;
• Technical data, in particular your IP address or browsing information relating to your terminal;
• Other data that you may provide within the context of a request to one of our departments or data that we have been able to obtain from external service providers.

4- Why are your personal data collected?

Data processing is implemented by VITRY in response to an explicit, legitimate and definite purpose within the context of our business.

We collect your personal data for all or some of the following primary purposes:

• Website administration and improvement of the service quality. These processing tasks are necessary for the purposes of the aforementioned legitimate interest;
• Customer Relationship Management (CRM), in particular to get to know you better and to send you personalised information about our products and services (in particular by e-mail, SMS or any other method and by targeted advertising campaigns on Websites and social networks), or to analyse and anticipate the market so that we can adapt our products and services and respond to your needs as best we can. To this end, we may perform segmentation tasks based on your habits and preferences, analyse your browsing history and enquiries on our Website or perform other tasks with the aim to better populate our database. For example, we may import a list onto Facebook containing crypted data (email address or telephone number) to identify the people who have already interacted with our brands and/or who are likely to be interested in our products and services, to suggest personalised adverts to them on social media. These processing activities will be carried out subject to your consent or may be necessary for the aforementioned legitimate interests;
• Attributing an advertisement to a particular commercial transaction for the purposes of billing membership campaigns. This processing task is necessary for the aforementioned legitimate interests;
• Social interaction. This processing task will be carried out subject to your consent;
• If necessary, fraud prevention and detection, managing and following up on outstanding debt, offences committed at the point of sale and disputes. The fraud detection solutions that we use may be completely automated or involve human intervention.

Managing your requests (samples, advice, promotional deals, complaints, the right to access, rectify and object to data, etc.). These processing activities will be carried out subject to your consent or may be necessary for the aforementioned legitimate interests.

5- Who do we share your personal data with?

We will never sell or lease your personal data to other companies for market research purposes.

VITRY is an international company with presence in various countries, with its registered head office in France. The personal data that we collect are intended for VITRY and its affiliate VITRY NORTH AMERICA, and are likely to be communicated, in accordance with the applicable regulations, to all of the companies in the VITRY group to the extent necessary and in particular to our affiliates situated in other countries with a sufficient and appropriate level of data protection.

The data may also be sent to service providers chosen for their expertise and reliability, who act on our behalf and as per our instructions to provide you with particular services (processing and sending requests, secure payments, customer service management, performing maintenance tasks and technical developments, managing the reviews about our products and services, personalising content, audience analyses, spam prevention, digital and affiliate campaign management, etc.). We authorise these providers to use your personal data only to the extent necessary to render the services on our behalf or in compliance with legal requirements, and we endeavour to make sure that your personal data are always protected.

These third parties may come from European Union (EU) countries or other countries that may not offer the same degree of data protection as your country of residence. In such cases, and to the extent required by the applicable laws, we will ensure that we:

• Obtain your express and unequivocal consent to share your personal data with these third parties;
• Enter into data transfer agreements conforming as a minimum to the types of contractual clauses adopted by the European Commission;
• Conform to the binding corporate rules (BCR) approved by the relevant authorities;
• Make sure that these third parties are companies that adhere to the EU-U.S. Privacy Shield framework and registered as such with the American authorities.

Finally, we may also be required to send your personal data to local authorities if required by law or within the context of an enquiry and in accordance with the applicable regulations.

6- How do we protect your personal data?

VITRY implements appropriate technical and organisational measures in relation to the nature of the data and the risks that their processing entails in order to preserve the security and confidentiality of your personal data and, in particular, to prevent your data from being warped, damaged or accessed by unauthorised third parties.

These measures may in particular include practices such as limited access to the data for the service staff members that are authorised to access the data based on their role, contractual guarantees in case of recourse to an external provider, studies in the impact on privacy, regular assessment of our practices and policies with respect to privacy and/or physical and/or software security measures (secure access, authentication process, safeguarding copies, antivirus software, firewalls, etc.).

7- What is our policy regarding minors?

The www.vitry.com Website is not designed for minors.

We do not collect nor process, with full knowledge of the facts, personal data relating to minors. In the event that we learn about the collection of personal data of a minor without prior authorisation from the parental guardian, we will delete these personal data from our servers and/or those of our providers.

8-What is our policy in terms of cookies and other trackers?

When you visit the Website, cookies and other trackers (‘cookies’) are, subject to your prior consent, likely to be read and/or registered on your terminal (computer, mobile, tablet, etc.).

The following sections will allow you to better understand how cookies work and how to manage your preferences.

8-a) What is a ‘cookie’?

A ‘cookie’ is a text file that is likely to be registered, subject to your choices, in a dedicated hard disk space on your terminal when visiting our Website through your browser software. A cookie allows its issuer to identify the terminal in which it is registered during the time in which that cookie is valid and registered. Only the cookie issuer is likely to read and modify the information that the cookie contains.

8- b) What do cookies do on the Website?

The cookies that we issue on our Website:

When you connect to our Website, we may be required, subject to your prior consent, to install various cookies on your terminal which allow us to recognise your browser during the validity period of the cookie in question.

The cookies that we issue are used for the purposes of browsing, optimising and personalising our services on the Website, in particular for the purposes of:

• Website authentication, in particular to allow you to access reserved and personal spaces such as your account, thanks to log-in details or data that you have potentially given to us previously;
• Implementing security measures, for example when you are requested to connect again to a page or service after a certain length of time has lapsed;
• Adapting the layout of our Website to the preferences recorded on your terminal (language used, display resolution, operating system used, etc.) during your visits, in accordance with the visualisation or recognition hardware and software included on your terminal;

The cookies issued on our Website by third parties:

The issue and use of cookies by third parties are subject to the privacy protection policies of these third parties. We hereby inform you of the purpose of the cookies of which we are aware and the methods you have available for making your decisions about these cookies.

– Audience measurement cookies

Our Website is likely to contain cookies issued by audience measurement companies. During their validity period, these cookies can establish statistics and volumes of frequency and use concerning the various elements included on our Website (sections and content visited, the route taken, etc.) and also improve the interest and ergonomic design of our services.

In particular, we use Google Analytics services. For any information about the way in which Google uses the data collected by these cookies, please read Google’s confidentiality policies and conditions of use.

– Advertising cookies

Our Website is likely to contain cookies issued from technology advertising providers which, during the validity period of these cookies, would allow these latter to:

• Determine the advertising content that is likely to correspond to your personal interests based on your browsing history, personal interests, preferences, etc.;
• Control the number of times that the advertisements appear;
• Identify the third-party website from where you accessed our Website;
• Cookies issued by third parties due to third-party applications integrated in our Website:

We are likely to include on our Website computing applications from third parties, which would allow you to share content from our Website with other people or let these other people know about your visit to or opinion about our Website content. Such is particularly the case with the ‘Share’ and ‘Like’ buttons found on social networks such as Facebook, Twitter, Instagram, Pinterest, etc.

The social network providing such application button is likely to identify you through this button, even if you have not used this button during your visit to our Website. In fact, this type of application button may allow the social network in question to follow your browsing journey through our Website, simply as a result of your account with the social network in question being active on your terminal (open session) as you browse our Website.

We have no control over the processes used by these third parties to collect information about your browsing history on our Website or those associated with the personal data they may have. We invite you to check the privacy protection policies of these social networks in order to carefully read the purposes of use, in particular for advertising purposes, of the browsing information that they may collect through these application buttons. These protection policies must in particular allow you to exercise your decisions through these social networks, in particular by configuring your user accounts in each of these networks.

8- c) How can you exercise your decisions about the cookies issued on the Website?

You can choose, at any time, to express or modify your wishes about these cookies using the methods described below.

We remind you that any configuration that you may undertake will be likely to affect your online browsing experience and your conditions of access to certain services that require the use of cookies.

If necessary, we will refuse to take any responsibility for the consequences related to the decrease in function of our services resulting from the impossibility for us to register or check the cookies necessary for this function and that you would have refused or deleted.

Your choices expressed online

You may use our cookies management tool to activate or de-activate certain types of cookies.

Please note that de-activating advertising cookies will not prevent advertisements from being displayed on your terminal. It will only block the technology that would allow the advertisements to adapt to your browsing history and personal interests.

Please note, the act of acknowledging your wishes will rely on a cookie. If you delete all of the cookies registered in your terminal (via your browser), we – or our service providers – will then only know that you have chosen this option.

The choices that are offered to you by your browser software

When managing cookies and your choices about them, the configuration of each browser is different. The configuration will be described in your browser’s help menu, which will allow you to find out how to change your choices about cookies.

8- d) More information about cookies

For more information about cookies and how they’re used, please visit the website of the Commission Nationale de l’Informatique et des Libertés (National Commission of Information and Freedoms, CNIL) at the following address: www.cnil.fr

9-How long are your personal data kept for?

We make sure that your personal data are kept for a period not exceeding the time necessary for the purposes described in this confidentiality policy or for a period in accordance with the provisions of the applicable law:

Customer or potential customer data are kept, except if you object or request for the data to be deleted, for a period of three years as of them being collected or the last contact or end of our commercial relationship. At the end of this three-year period, we are likely to contact you again to ask if you wish to continue receiving marketing requests. In the absence of a positive and explicit response from you, your data will be deleted or archived in accordance with the provisions in force;

If necessary, the data relating to identity documents may be kept for one year in the event that you exercise your rights;

The data that establish proof of a right or contract, or kept in accordance with a legal obligation, are archived in accordance with the provisions in force;

The information relating to the listening and recording of telephone conversations for the purposes of improving Customer Service quality are kept for the duration necessary for this purpose, up to a maximum of six months.

10-What are your rights regarding your personal data, and how can you contact us?

If you send us your e-mail address, telephone number or postal address, you may receive regular letters, calls or messages from us about our products, services or future events. You may unsubscribe from our circulation lists at any time by contacting us at the address below or through the ‘Unsubscribe’ link included in all of our emails. You can also modify your preferences at any time in your account. If you do not wish to be involved in market research by telephone, we remind you that in application of article L. 121-34 of the French Consumer Code that you can register to an anti-cold calling list free of charge.

In accordance with the applicable regulations, you have the right to access, rectify and delete your data and the right to portability of your data, in addition to the right to object to and limit processing. You can also retract your consent at any time. You can also file instructions relating to the conservation, deletion and communication of your personal data after your death. To exercise these rights, you should send us a signed request with proof of your identity:

• By email to the Customer Service department;
• By letter to the following address:

Vitry France

15 rue de la communauté

44140 Le Bignon

France

We hereby inform you of the measures taken following your request as soon as possible and in any event within one month following receipt of your request. However, we reserve the possibility not to follow up with requests that are clearly unfounded or excessive.

In accordance with the application regulations, you can also file a complaint with the relevant authority responsible for data protection or formulate a legal appeal if you data are used inappropriately.

For any questions relating to this confidentiality policy, we invite you to contact our Data Protection Delegate (DPD):

VITRY

Maxence de Grandcourt

Data Protection Delegate

15 rue de la Communauté

44140 Le Bignon

France