PERSONAL DATA CONFIDENTIALITY CHARTER
This charter (the "Charter") sets out the personal data and cookies policy for Maison 123 SAS (simplified joint stock company) and Etam SCE SAS (simplified joint stock company), both part of the Etam group, and/or affiliated companies (hereafter "we", "our", "Maison 123"). This Charter informs you of how and when Maison 123 collects your personal data, the reasons for which this data is collected, the use to which it is put and your rights in this area. It applies to all information supplied by you or collected by Maison 123 during your interaction(s) with us.
As a data processor, Maison 123 places great importance on respecting and protecting your privacy. Given that this is such an important subject, we advise that you read the Charter carefully and in full, so you can become aware of and understand how we process your personal data. Please note that only the original French version is applicable, and that versions in other languages are provided for convenience only. This Charter sets out the rules relating to the personal data of all our clients and potential clients, however that data is collected.
When we mention our Platform, we mean one of the channels and/or digital and/or physical services that you can use to interact with us, via the website https://www.maison123.com/fr/ (the "Site"), the mobile app, Maison 123's physical stores, post or telephone.
When you use our Platform, Maison 123 may process personal data about you that we have collected about you or that you have provided to us.
When you use our Platform, you are subject to the current version of the Charter at that time, and indicate that you accept it. Given that we may modify our Charter at any time as set out in Article 6, we recommend that you check it each time before using our Platform.
1. GENERAL INFORMATION
The data processors for your personal data are:
Société par actions simplifiée (simplified joint stock company), headquartered at 57/59 rue Henri Barbusse 92110 Clichy, France.
Registered with the Nanterre RCS (French Company Registry) under number 444 600 464
Société par actions simplifiée (simplified joint stock company), headquartered at 57/59 rue Henri Barbusse 92110 Clichy, France.
Registered with the Nanterre RCS (French Company Registry) under number 450 966 445
We have established guidelines and undertake to process and protect your personal data jointly.
Via our Platform, you may be invited to send Maison 123 personal data, for example as part of creating a client account, ordering products or subscribing to a newsletter.
Maison 123 may also collect certain information relating to your navigation around the Site. The conditions for this are given in more detail in the "Cookies" section below.
In accordance with the relevant regulations, we have named Anne-Sophie Poggi, of the Poggi law firm, 50 rue Etienne Marcel 75002 Paris, as Data Protection Officer (DPO).
2. DATA CONCERNED
The data that we collect and use varies depending on the products, services or functionalities you wish to access. The personal data that we collect, or that you may choose to provide us with, can be broadly grouped as follows:
- identifying information, such as your first name, last name, telephone number, home address for us to deliver your order, email address for us to send you our newsletter, photographs you may send to us or images of you when you visit one of our shops equipped with CCTV;
- financial and payment data, such as your payment card data and data relating to your purchases, orders or returns;
- digital identification data available on or from your computer (such as "cookies" or "IP addresses"). Your digital identification data identifies the pages you have visited while browsing the site. It also allows the device you used to connect to be identified or geolocated (only to the nearest town) and is usually insufficient to identify a named individual. For more information about the navigation data we collect, see Article 5 regarding Cookies;
- data relating to your online or in store purchases (for example the type, quantity and price of the products you have bought);
- data on your tastes and preferences, such as your preferences within our collections, your colour preferences, your habits and your size.
When you apply for a job vacancy within the Etam group featured on our Platform, you may be asked to supply information such as your first name, last name, gender, address, email address, education and training, qualifications and professional experience.
3. YOUR RIGHTS
In accordance with current regulations, you have a range of rights regarding your personal data. You can exercise these rights directly and at any time by contacting us at privacy@maison123.com or Maison 123, Service Clients, 57/59 rue Henri Barbusse, 92110 Clichy, setting out your request and which right you wish to exercise. If we are unsure as to your identity, we may ask for a copy of your ID or some other proof of identity. Your rights are as follows:
- Right to access: The right to ask for a copy of the personal data we hold on you. If your request is unjustified or abusive, we can make a charge for this request.
- Right to correction: The right to ask us to correct any erroneous personal data we hold on you. We would like to remind you that if you have a client account with us, you can access the relevant section to change or update your personal data. You should check that this data is true and accurate. Moreover, you undertake to inform us of any change or modification to this data. We also remind you that as a general rule you should only communicate your own personal data and not that of third parties. Any loss or damage caused following the provision of inaccurate or incomplete data via one of our data collection forms is the sole responsibility of the Platform user.
- Right to deletion: The right to ask us to delete your data, where one of the following conditions applies:
- your personal data is no longer required for the purpose it was needed for,
- you have withdrawn your consent and there is no other legal basis justifying the continued processing of your personal data,
- you have exercised your right to object in a valid manner,
- it is not legal to process your data,
- or your personal data must be deleted to comply with a legal obligation.
There are, however, situations in which you cannot exercise your right to deletion, even if one of these conditions applies (in particular when processing your data is necessary to the freedom of expression and information, to fulfil a legal requirement, to contest/exercise/defend a legal claim, or for historical or scientific research, statistical purposes or archival purposes where there is a public interest.
To delete your client account, simply submit a request to privacy@maison123.com or Maison 123, Service Clients, 57/59 rue Henri Barbusse, 92110 Clichy. However, we would like to inform you that deleting your account will automatically result in the loss of any points you may have accumulated as part of our loyalty programme.
- Right to object: The right to object to us processing your personal data for our legitimate interests, based on your individual circumstances. In such cases we will stop processing your data, unless we have legitimate grounds to continue to do so. If your data is being used for commercial marketing reasons, you have the right to object without needing to give any reason.
- The right to limit processing: The right to ask, in certain cases, for the provisional suspension of the processing of some of your data, or retention, if you require, for a longer period than is necessary.
- The right to portability: If your data is being processed based on your consent or the fulfilment of a contract, and if the processing is being done automatically, you have the right to ask for your data to be sent to you in a structured, widely used and machine-readable format, so that you can transfer it to another entity, if this is technically possible.
- The right to set out directives as to what happens to your personal data in the event of your death.
You also have the right to make a complaint to a regulatory authority, in particular in the Member State where you usually live, where you work or where the violation occurred, if you think that a violation of the applicable regulations has been committed in the processing of your personal data. In France, the regulatory authority is as follows: Commission Nationale de l’Informatique et des Libertés (CNIL), 3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07, Tel: +33 (0)1 53 73 22 22
You also have the right to withdraw your consent at any time for any processing based on consent. If you simply want to unsubscribe from our newsletter, you just need to click on the unsubscribe link included in every email.
4. MANAGEMENT OF PERSONAL DATA BY MAISON 123
4.1 Purposes and legal basis for the collection of data
The following table shows you how Maison 123 uses your data (the "purpose") and the grounds on which we do so (the "legal basis"):
| PURPOSE: WHY DO WE PROCESS YOUR DATA? |
LEGAL BASIS: ON WHAT GROUNDS CAN WE PROCESS THIS DATA? |
MORE INFORMATION |
| FULFILLING AND MANAGING YOUR PRODUCT ORDERS MADE VIA OUR WEBSITE |
Fulfilling a contract |
In order to fulfil the contract to provide goods or services that you have agreed with us, create invoices, manage payment for the products you have bought, deliver them to you and manage the returns process where relevant. |
| ENABLING YOU TO BUY, MANAGE OR USE A GIFT CARD. PLEASE READ ARTICLE 18 "VIRTUAL GIFT CARD" IN OUR TERMS AND CONDITIONS OF SALE FOR MORE INFORMATION. |
| CONSENT |
Some processing of your personal data relating to the buying process, such as saving your payment card details for future purchases, is only done if you consent. |
| LEGITIMATE INTERESTS |
When you make a purchase, we can make checks required to detect and prevent any fraud that may occur. |
| ENABLING AND MANAGING YOUR REGISTRATION AS A USER OF OUR PLATFORM AND/OR MEMBERSHIP OF OUR LOYALTY PROGRAMME |
Consent Fulfilment of contract |
When creating a user account and/or joining a loyalty programme, you provide some personal data required to identify you and to give you access to various functionalities, services and products made available to you as a registered user and/or member. Processing your data is therefore required to fulfil the Term and Conditions of our Platform. |
| CARRYING OUT MARKETING AND COMMERCIAL PROSPECTING |
Consent |
If you decide to subscribe to our newsletter, you consent to us processing your data to manage your subscription and/or to send you information relating to our products and/or services as well as marketing messages through a range of channels, such as email or SMS.
If you take part in a competition via the Platform or our social media, you consent to your data being used as part of the competition and the provision of any prizes you might win. Unless you give express consent, the data we collect will not be used for publicity purposes by us or our commercial partners.
If you have previously accepted the relevant legal terms and conditions (in particular for the social networks you use), we may publish photographs that you have shared publicly or with us to our Platform or various social media.
If we have your prior consent, we may record data relating to your preferences (such as your size or colour preferences) to personalise your Maison 123 experience. |
| LEGITIMATE INTERESTS |
We have a legitimate interest in contacting you by telephone or post to inform you about our offers, as long as you have not opted out of this when providing your data (please note that you can opt out at any time by sending an email to privacy@maison123.com).
Moreover, unless you opt out, we have a legitimate interest in sending you marketing communications electronically (for example SMS or email) if you are already a client and if these communications relate exclusively to products or services equivalent to those which we have already provided to you. |
|
WE ALSO HAVE A LEGITIMATE INTEREST IN TAKING STEPS TO MEASURE THE IMPACT OUR ADVERTISING OR MARKETING CAMPAIGNS MAY HAVE ON YOU (STATISTICS, RETURN ON INVESTMENT ANALYSIS ETC).
IN ORDER TO ADAPT OUR MARKETING TO YOUR PREFERENCES AND NEEDS TO BETTER SERVE YOU AND MEET YOUR REQUIREMENTS (PERSONALISATION OF OUR SERVICES VIA OUR PLATFORM AND MESSAGES), WE CONSIDER THAT IN SOME CASES WE HAVE A LEGITIMATE INTEREST IN CREATING A PROFILE WITH THE DATA PROVIDED BY YOU PLUS THE INFORMATION THAT WE HAVE ON YOU BASED ON THE COOKIES WHICH YOU HAVE CONSENTED TO HAVE PLACED ON YOUR DEVICE, IN PARTICULAR YOUR NAVIGATION AROUND THE SITE, YOUR PREFERENCES (LANGUAGE, COLOURS, TYPE OF PRODUCTS ETC.) OR YOUR PURCHASE HISTORY.
FUNCTIONAL COOKIES WHICH ARE ESSENTIAL TO YOUR USE OF OUR SITE ALLOW US, AMONGST OTHER THINGS, TO SAVE YOUR BASKET FOR YOU AND SEND YOU A LINK TO IT VIA EMAIL IF YOU ARE A PROSPECTIVE OR REGISTERED CLIENT.
PLEASE READ ARTICLE 5 "COOKIES" FOR MORE INFORMATION.
|
| ANSWERING ANY QUESTIONS, REQUESTS OR COMPLAINTS YOU SEND VIA OUR CUSTOMER SERVICE CHANNELS |
Fulfilling a contract |
If your request relates to your order or to a product or products bought via our Platform, processing is necessary for the fulfilment of a contract and the proper management of our after-sales service. |
| LEGITIMATE INTERESTS |
We consider ourselves to have a legitimate interest in processing your personal data where it is strictly necessary to the proper management of your requests and complaints and to responding to your questions. The data that we may process may include photographs if you have decided to send any to us as part of your request or complaint. In order to carry out our after-sales service (for example offering discounts), we can contact you by methods including SMS and email.
When you call our Customer Service team, telephone conversations may be recorded for quality control and training purposes. |
| LEGAL OBLIGATION |
If your question relates to exercising your rights as set out in Article 3 "Your Rights" or relates to a complaint regarding us or our services, we must process your personal data in order to meet our legal obligations. |
| GENERATING ANONYMOUS STATISTICS ABOUT SITE VISITS |
Legitimate interests |
We consider ourselves to have a legitimate interest in analysing the usability and quality of our Platform in order to improve user experience and offer a better quality Platform to our clients.
Please read Article 5 "Cookies" for more information. |
| CARRYING OUT CLIENT SATISFACTION SURVEYS |
Legitimate interests |
We consider ourselves to have a legitimate interest in carrying out surveys and research intended to analyse client satisfaction in order to improve the quality of our products and services. |
| MANAGING RECRUITMENT |
Fulfilment of contract (pre-contractual measures) |
We can process and respond to any job applications you may send to us.
|
4.2 Data retention period
The length of time for which we retain your data is determined by the reason for which the data was collected. Once the purpose has been achieved, your data is then archived, deleted or anonymised (in particular for statistical purposes).
In the first instance, data is retained for a period that is no longer than is necessary for the purposes for which it was collected:
| NATURE OF PROCESSING |
RETENTION PERIOD |
| MANAGEMENT OF CONTRACT (MANAGEMENT OF ORDERS, DELIVERY, PROVISION OF GOODS OR SERVICES, INVOICES AND PAYMENTS), INCLUDING LOYALTY PROGRAMME |
Retained while needed to fulfil your contract, then as long as is necessary for evidence of a right or contract; this data can be archived in accordance with the provisions of the French Code de commerce (Commercial Code) covering the retention period for records and documents created during commercial activities and the French Code de la consommation (Consumer Code) covering the retention of contracts agreed electronically. |
| DATA RELATING TO PAYMENT CARDS |
Deleted once the transaction is completed, i.e. once it is actually paid for, which may be different from when the product is received, plus, where relevant, the 14-day legal cancellation period (during which you can change your mind) for purchases on our Site.
If you pay by bank card, the card number and the expiry date may nonetheless be retained as evidence in case the transaction is contested, in an intermediate archive, for a period of 13 months following the debit date, or 15 months for deferred debit payments.
If you give your express and informed consent, your card details (except the security code) can be saved for longer, in order to make payment easier for subsequent purchases, but still will not be held for longer than is necessary to achieve this purpose. In other words, your data may be retained until you withdraw your consent and/or your bank card data expires. |
| MANAGEMENT OF OUR CLIENT AND PROSPECTIVE CLIENT RECORDS |
Retention for a period of 3 years from the date of your final contact with us (for example for clients, a purchase, or for prospective clients, a click on a hypertext link within an email) or until you withdraw your consent. |
| QUESTIONS TO CUSTOMER SERVICES |
Retained for as long as necessary to process your request. Recordings of telephone conversations with our Customer Services team are retained for a limited period (a maximum of 6 months) in all but exceptional cases (for example in cases of legal requirement, fraud or investigations). |
YOUR DIGITAL IDENTIFICATION DATA
(YOUR CONNECTION LOGS COLLECTED, SUBJECT TO YOUR AGREEMENT AND YOUR DEVICE SETTINGS, VIA THE USE OF COOKIES AND OTHER TRACKERS PRESENT ON OUR SITE) |
Retained in accordance with the relevant regulations for a period of no more than 13 months. For more details on cookies, how they work and your option to disable them, see Section 5 below " Cookies". |
| RECRUITMENT AND HR MANAGEMENT |
Retained for 2 years after the last contact for unsuccessful candidates. For successful candidates, data necessary for HR management will be retained, as a general rule, for the duration of the employment relationship, unless there are laws or regulations to the contrary. |
Furthermore, independent of the retention period necessary to achieve the purpose for which the data is being processed, we may be justified in archiving your data for a limited period, securely and with limited access, for various reasons:
- To comply with a legal data retention requirement (for example the retention period of personal data for accounting purposes is 10 years).
- To protect ourselves against any action taken against us as processor of your personal data. In order to manage pre-litigation or litigation, we can archive your data for evidential purposes for as long as we may be held responsible (period linked to type of possible claim: civil, commercial, etc.).
One the retention period set out in law has elapsed and any required action has been taken, your personal data will be deleted or anonymised.
4.3 Data recipients
The recipients of your personal data are the Maison 123 services involved in your requests. However:
- When you order a product via the Site, the recipients of the personal data that you communicate as part of your order are Maison 123 and the other companies that are part of the Etam group (such as our warehouses), or our subcontractors who are responsible for fulfilling the said order.
- Third parties that we engage to provide certain services are authorised to process your personal data. These include:
- technical, logistical, transport and delivery service providers,
- customer services and marketing service providers,
- payment service providers and fraud detection and prevention bodies.
- With your consent only, we may share your data with some commercial partners.
In any event, no data is transferred outside of Europe and Maison 123 does not transfer your personal data, unless:
- Maison 123 needs to share this information with third parties to provide the service you have requested, or
- A judicial or other administrative authority orders Maison 123 to provide them with information, or
- You have given your prior consent to sharing that information.
In these cases, appropriate guarantees will be put in place and the security of your data ensured when your personal data is transferred outside Europe.
Maison 123 may transfer personal data about you to judicial or police authorities, regulatory authorities, public institutions or third party companies in order to obey a court order, subpoena, formal demand, search warrant or any other legal or regulatory obligation or demand. Such a transfer may also be carried out for fraud protection reasons or enquires into any such infractions.
Transfer outside the EU
Where Maison 123 uses sub-contractors, your personal data may be processed outside the European Union. In such cases, the transfer of personal data outside the EU is carried out such that your data is kept secure in accordance with the relevant regulations, specifically:
- either the destination country for your data is recognised by the European Commission as ensuring an adequate level of protection (this is the case for Switzerland, Canada, the United Kingdom and Japan among others) ;
- or Maison 123 has put in place appropriate guarantees to protect your personal data, specifically the signing of the standard contractual clauses approved by the European Commission. In such circumstances, you have the option to request a copy of these clauses by sending a request to privacy@maison123.fr or Maison 123, Service clients, 57 :59 rue Henri Barbusse, 92110 Clichy;
- or the transfer takes place in specific conditions, specifically
- Maison 123 must necessarily share this information to provide the service you have requested, or
- a judicial or other administrative authority orders Maison 123 to provide them with information, or
- the transfer is necessary to contest, exercise or defend a legal claim.
4.4 Data Security
Maison 123 has endeavoured to put in place reasonable precautions to ensure the confidentiality, integrity and availability of the personal data it processes, and to prevent this data from being distorted, damaged or destroyed, or accessed by unauthorised third parties. Technical and organisational security measures have been put in place to this effect.
However, Maison 123 cannot control all the risks relating to the functioning of the Internet, and draws the attention of internet users to the existence of the possible risks involved in Internet usage.
In terms of the technical storage of your personal data, your data will be centralised with the following service providers:
- oXya – in Ile-de-France and Hauts de France,
- Salesforce Commerce Cloud - in Ireland,
- Amazon Web Service - in Germany and Ireland,
- Jaguar Networks - in Provence-Alpes-Côte-d'Azur,
- OVH - in Hauts-de-France,
- Actito - in Belgium.
Maison 123 places great importance on the protection and security of its IT systems. Maison 123 has put tools in place to detect any security breaches. These tools may incidentally involve access to your personal data by the security teams. This data will be collected and processed exclusively for the purpose of managing these breaches and in accordance with the relevant regulations concerning the protection of personal data.
5. COOKIES
5.1 What is a cookie?
A cookie is a text file that can be saved in a dedicated area of the hard drive of an electronic device when you use an online service via your browser software. A cookie file allows the issuer to identify the terminal where it has been saved, for as long as the said cookie is valid or saved.
5.2 Cookies issued by the Site
When you access the Site, Maison 123 may, subject to your cookie choices, install a range of cookies allowing us, among other things, to recognise the browser that you use for the period for which that cookie is valid.
Cookies are issued for the following purposes:
- in order to calculate statistics and visitor numbers, and analyse usage of different parts of the Site (sections and content viewed, journey through site), enabling Maison 123 to make our services more relevant and user-friendly, and make published content more visible;
- in order to allow or facilitate your navigation through the Site, or to provide you with online communication services you request while browsing, and so:
- to adapt the presentation of the Site to your browser's display preferences (language used, display resolution, operating system used etc.) when you visit the Site, in line with the reading and display software and hardware on your device;
- to remember information relating to a form you have filled in on the Site (registration or log in) or to products, services or information you have chosen on the Site (subscription to a service, basket contents, wishlist contents etc.);
- to allow you to access restricted and personal areas of the Site, such as your account, via log in details or data that you may previously have supplied;
- to put in place security measures, for example when you are asked to log in again to access content or a service after a period of time has elapsed;
- to share information with advertisers on other websites in order to show you relevant advertising that is tailored to your interests. On this basis, we may use advertising cookies.
5.3 Cookies issued on the Site by third parties
Maison 123 may include IT applications from third parties on the site, allowing you to share Site content with others or tell other people about your visit to the site or your opinion on Site content.
Where third parties issue and use cookies, this is subject to the privacy policies of those third parties.
Maison 123 does not oversee the process used by social networks to collect information about your use of the Site. Maison 123 advises you to consult the privacy policies of these social networks in order to find out the purposes for which they use the information about your browsing they may receive via these application buttons, in particular for advertising. These privacy policies should, in particular, allow you to make choices for each social network, notably by choosing settings for your user account for each network.
The Site may contain cookies issued by third parties (communications agencies, audience measurement companies etc.) which allow these third parties to collect navigation data relating to devices browsing the Site for the duration period of the cookies, in order to measure, among other things, the effectiveness of paid search listing campaigns with search engines.
5.4 Your cookie options
You have several options to manage cookies. Any changes you make to settings may change your internet browsing experience, and access to certain services requires the use of cookies.
You can choose to specify or change your cookie preferences at any time, as set out below.
You can configure your browser software so that cookies are saved on your device, or alternatively so that they are rejected, either systematically or depending on the issuer.
You can configure your browser software so that cookies are saved on your device, or alternatively so that they are rejected, either systematically or depending on the issuer.
For more details about cookies, follow this link.
To change your cookie choices, consult the "Cookie Settings" section at the bottom of the Site page.
a) Accepting cookies
A device user is essentially in charge of whether cookies can be saved on their device, and they can set or change their preferences freely and at any time via their browser settings.
If you have told your browser to allow cookies to be saved on your device, cookies featured on the pages and content that you view may be temporarily stored in a dedicated area of your device. There, they can only be read by the issuer.
(b) Rejecting cookies
If you refuse to have cookies saved on your device, or if you delete those which have been previously saved, you will no longer be able to use some of the functionalities which are necessary to access some parts of the Site.
This will be the case if you try to access content or services which require you to identify yourself. This will also be the case where Maison 123 or its service providers cannot recognise, for technical compatibility purposes, the type of browser your device is using, its language and display settings or the country from which your device appears to be connecting to the internet.
Should such circumstances arise, Maison 123 accepts no responsibility for consequences linked to poorer performance of our services arising from our inability to save or consult the cookies these services need to function if you have refused or deleted them.
(c) How to choose your options, depending on your browser
Managing cookies and your cookie choices is different for each browser. Your browser's help menu will set out how to change your cookie preferences.
5.5 If you share your device with other users
If your device is used by multiple people and where a single device has multiple browsers, Maison 123 cannot guarantee that the services and advertising sent to your terminal correspond to your use of the device and not to that of another user.
In such cases, sharing the use of your device and your browser cookie settings with other people is your free choice and responsibility.
For more information about cookies and their use, you can consult the Commission Nationale de l’Informatique et des Libertés (French data protection body) guide at: https://www.cnil.fr/fr/site-web-cookies-et-autres-traceurs.
6. MODIFICATIONS TO THIS CHARTER
Maison 123 may need to modify the Charter, and we will make sure that you are informed if we do so, either by a special mention on the site or by a personal update, for example as part of a newsletter.
7. PERSONAL DATA POLICY AS REGARDS MINORS
The Site is not intended for use by minors. However, they are not banned from accessing the site as it does not contain content forbidden for under 18s.
If information has been collected about a minor via the Site, the minor's legal representative can contact privacy@maison123.com to correct, change or delete this information.
