I.Purposes of our privacy policy
Confidentiality and security are of the utmost importance to the Gérard Bertrand Group. We place it at your disposal so that you have clear and transparent information on the treatments implemented within the framework of the services offered on our site. We ensure at all times that our technical and organisational measures respect your data protection rights.
To do so, we comply with the regulations in force and in particular with the General Regulations on Data Protection (hereinafter "GDR"), which came into force on 25 May 2018, and which supplements the legislation on the protection of personal data.
Below you will find our policies regarding the management, processing and storage of personal data submitted in connection with our services.
II - Scope of application
- What is personal data?
Personal data within the meaning of Article 4(1) of the PGRD concerns any information relating to an identified or identifiable natural person through the combination of several pieces of information (elements of identity, location elements, religious opinions, navigation history, etc.).
You are identified when you provide information such as your first and last name. In the absence of this information, you can be identified when you provide :
- An identifier (example: nickname, IP address)
- Your contact details (e.g. e-mail address, telephone number)
- An identification number (example: contact form number)
- What is a treatment?
Processing of personal data is, within the meaning of Article 4(2) of the PGRD, any operation or set of operations which is applied to personal data or sets of personal data, such as :
- The collection
- Storage
- Registration
- The transmission
- …
Any action relating to your personal data constitutes processing of such data.
The controller is, within the meaning of Article 4 of the DPMR, the person who alone or jointly determines the purposes of each processing operation and the means of processing.
- How do we collect your consent?
By registering for our services and/or by filling out a contact form on our site https://www.cote-des-roses.vinBy submitting your personal data to us, you agree and accept that we may collect, process, store and/or use the personal data submitted, in accordance with the rules set out below.
By giving us your consent, you also retain your rights of access and communication, rectification, portability, as well as the right to erase or "right to forget" your personal data. These rights are detailed in the "the rights you have" section of our privacy policy.
III Processing of your personal data
- Why does the group need to collect your data?
The main purpose of collecting your personal data is to offer you an adequate, optimal, efficient and legal service. To this end, the data that the Gérard Bertrand Group collects is necessary to enable it to meet the following purposes:
-
Customer Relationship Management and Product Order Management :
- Carry out operations relating to our commercial relationship, i.e. concerning orders, transport, delivery, payment, invoicing, accounting, customer relationship follow-up such as carrying out satisfaction surveys, managing complaints and after-sales service, etc.
-
Management of marketing actions and commercial prospecting :
- To offer you offers from the Gérard Bertrand group according to your choices;
- Personalize our site and our offers according to your preferences noted and/or declared including from your personal account and your needs;
- To personalize our communication to you, in particular by means of informative e-mails, according to your stated preferences, your needs and your choices;
- Carry out commercial solicitation operations ;
- Elaborate commercial statistics, analysis and marketing tools (including classification, score, etc.);
- Organizing contests, lotteries or any promotional operation with the exception of online gambling and games of chance subject to the approval of the online gaming regulatory authority.
-
Management of requests to exercise the rights and complaints of visitors of prospects and customers :
- Manage requests for the exercise of the rights designated below ;
- Manage possible complaints and/or litigation ;
- Manage your comments and customer reviews on the website and/or web pages that we publish and host on social networks.
The Gérard Bertrand Group undertakes that your data will be processed in compliance with the aforementioned purposes and for purposes that are compatible with them.
According to the principle of minimization of the data collected and enacted by the RGPD, the Gérard Bertrand Group is committed to ensuring that the data collected is adequate, relevant and not excessive in relation to these purposes.
- What data is collected by the group?
When you visit our site and/or when placing your orders, your personal data may be processed. The Gérard Bertrand Group collects various types of personal data about you:
- The data that you communicate directly to us, in particular your identification data (surname, first name, date of birth) and your contact data (postal address, e-mail address, telephone number);
- Data relating to the follow-up of your commercial relationship with our group: products ordered, quantity, amount, frequency, delivery and/or invoicing address(es), telephone number, digicode and any other relevant information on the delivery (tracking number, shipment status, etc.), purchase history, return of products, correspondence and/or telephone exchanges with you and our after-sales service, exchanges and customer comments, person in charge of customer relations, etc. ;
- The data necessary to carry out loyalty, canvassing and promotional actions, to organize and process contests, lotteries and all promotional operations such as the date of participation, the answers given to the contests, the nature of the prizes offered as well as the data relating to your contributions (example: notice on the products contained).
Generally speaking, when you communicate with the Gérard Bertrand Group in any other way, the communication of your data is voluntary.
The Gérard Bertrand Group automatically collects certain information about you when you access the website, in particular information about your navigation (see "IV - Cookies").
The Gérard Bertrand Group undertakes to ensure that this data is obtained and processed fairly, lawfully and transparently.
- Who collects personal data?
Personal data are collected by the data controller.
Within the Gérard Bertrand group, it is Gérard Bertrand, Château l'Hospitalet - Route de Narbonne-Plage - 11100 Narbonne - dpd@gerard-bertrand.com
- The legal basis for data processing
The Gérard Bertrand Group collects your personal data for the purposes described in point 1 of this privacy policy. The Gérard Bertrand Group collects and processes your personal data only when it is based on one of the following legal grounds:
- Consent of the person concerned: Subject to having obtained your consent, the Gérard Bertrand Group is authorized to collect and process your personal data ;
- Execution of the contractual relationship with the Gérard Bertrand Group: Your data are necessary for the execution of a contract to which you have subscribed or to which you wish to subscribe.
On this contractual legal basis, any refusal to disclose your personal data will prevent the conclusion and performance of the contract;
- Fulfilling a legal obligation: Your data is necessary to fulfill a legal obligation such as the applicable accounting rules for customer account management ;
- Legitimate interest of the controller : The Gérard Bertrand Group may process your personal data in order to pursue its legitimate interest;
- The performance of a public service mission ;
- Safeguarding the vital interests of the person concerned.
- How long is personal data kept?
The Gérard Bertrand Group collects your personal data for the purposes relating to the performance of its contractual obligations. We keep this data in active databases, files or other types of documents that comply with the principles and good security practices around data retention for as long as you use our services.
The Gérard Bertrand Group only stores your data for the time necessary to pursue the purposes for which they are collected, to carry out the contractual relationship or in compliance with its legal obligations.
Once the time limit has been exceeded, the data will be archived, deleted or anonymized, thus respecting the retention periods defined by the legal authorities.
You will find below a summary table of the retention periods we implement for your personal data:
Purpose of the treatment |
Shelf life |
Reference text |
Contract or agreement concluded in the context of a commercial relationship |
5 years |
Article L.110-4 of the French Commercial Code
|
Bank documents (bank statement, cheque stub, etc.) |
5 years |
Article L.110-4 of the French Commercial Code |
Contract concluded electronically from 120€. |
10 years (from delivery/service) |
Article L.134-2 of the Consumer Code |
Commercial correspondence: Order form, delivery, reception form |
10 years |
Article L.123-22 of the French Commercial Code |
Customer and/or supplier invoices |
10 years (from the end of the financial year) |
Article L.123-22 of the French Commercial Code |
Management of orders, deliveries, invoicing and accounts receivable |
10 years |
Article L.123-22 of the French Commercial Code |
Customer file management after a business relationship for prospective purposes |
Customer data is kept for the duration of the business relationship. However, they may be kept for commercial prospecting purposes for a maximum period of 3 years from the end of the commercial relationship. |
Simplified Standard No. 48 |
Creation and management of a file of prospects |
3 years from the date of collection by the data controller or from the last contact by the prospect. |
Simplified Standard No. 48 |
Newsletter management |
Until unsubscribed by the person concerned |
Article 6-5° of Law n°78-17 as amended |
Keeping credit card numbers |
Credit card data is deleted after payment has been made. However, we may keep them in interim storage for evidentiary purposes in the event that the transaction is disputed. If necessary, the data will be kept for a maximum period of 13 months, extendable to 15 months in order to take into account the possible use of a deferred payment card. |
Deliberation No. 03-034 of 19 June 2003 adopting a recommendation on the storage and use of bank card numbers in the distance selling sector.
Article L.133-24 of the Monetary and Financial Code |
- What rights do you have and how do you exercise them?
A person concerned by the processing of his or her personal data shall be granted rights :
- Right to information :
The Gérard Bertrand Group is obliged to send you a certain amount of information if you request it (e.g. identity of the data controller, purpose, etc.).
The Gérard Bertrand Group undertakes to transmit this information to you in a clear and precise manner.
- Right of access and communication of all data concerning her :
You can ask the Gérard Bertrand Group to have access to your data and to obtain a copy of them when they are processed.
- Right of rectification :
You can obtain from the Gérard Bertrand Group the rectification of your data when they are erroneous or inaccurate. The Gérard Bertrand Group may ask you to identify yourself to them when the request concerns so-called "sensitive" data.
- Right to forget
You can ask the Gérard Bertrand Group to delete all the data it holds about you, within the limit of the data it needs to fulfil its contractual or legal obligations.
- Right of opposition
You may object to treatment when you are placed in a particular situation. Proof is required apart from requests relating to commercial prospecting.
- Right to data portability
You can retrieve from the Gérard Bertrand Group all the data concerning you in a machine-readable and comprehensible format or ask the Gérard Bertrand Group to transmit them to another organisation.
- Right to Limitation of Treatment
You can ask the Gérard Bertrand Group to keep your data without using them. They are therefore frozen for a temporary period of time in cases where you exercise another right in parallel (e.g. to contest the accuracy of the data, to oppose the processing of its data, unlawfulness of the processing).
- Right to lodge a complaint with the CNIL (French Data Protection Authority)
If you consider that the group's data protection policy does not comply with European regulations or that your rights are not respected, you may at any time file a complaint with the CNIL.
- Right to humanization (automated individual decisions) :
If the Gérard Bertrand Group is required to make fully automated decisions concerning you, you have the possibility of requesting human intervention in the making of the said decision. This right is granted to you outside the contractual requirements or when you have not waived it in an informed, explicit and unambiguous manner.
- Who does the Gérard Bertrand Group share its data with?
Under no circumstances does the Gérard Bertrand Group sell, exchange or rent your personal data to third parties.
The personal data collected about you is used solely by our company. However, within the framework of our activity, the Gérard Bertrand Group may call upon subcontractors who may receive communication of your personal data. If this is the case, the Gérard Bertrand group ensures the compliance of all its subcontracting companies with the requirements set by the RGPD and by case law.
We only share your information with service providers that are necessary for the provision of third party services and for the purposes described in this privacy policy.
Our partner companies are :
- Facebook;
- Google;
- Our providers of means of payment or payment security;
- Our delivery service providers and transporters ;
- Our IT service providers ;
- Our email marketing and operational solution providers;
- Our service providers specialise in the collection and processing of customer feedback;
- Our service provider specialized in the management of abandoned baskets;
- Our service provider allows to record in video the navigation of the customers on the site in order to preserve the history of the anomalies and the bugs in case of complaint made by customers;
- Our affiliate partners;
- Our partners for programmatic advertising;
- Our partners used for online virtual support ;
- Our partners for re-targeting advertising;
- Social networks;
- Traffic and navigation analysis tools.
Your personal data may be transferred to partners who may be located in countries that do not offer the same level of data protection as European Union countries (notably the United States). In this case, the Gérard Bertrand Group ensures that these transfers are governed by mechanisms offering appropriate guarantees.
In addition, the Gérard Bertrand Group will not disclose your personal data to third parties unless :
- You make the request or authorize the disclosure;
- The Gérard Bertrand Group is compelled to do so by a governmental or regulatory authority in the event of a judicial requisition, subpoena or other similar governmental or judicial request, or to establish or defend a legal claim;
- The said third party acts as an agent or partner of the Gérard Bertrand Group in the performance of the services.
IV. cookies
In order to improve your navigation on our site, cookies are deposited by the Gérard Bertrand Group on your computer, mobile or tablet. A "cookie" is used to record information relating to your computer's browsing on our site (the pages consulted, the date and time of consultation, etc.) which the Gérard Bertrand group will be able to read during your next visit but without being able to identify you directly. The cookies that we issue on our site allow :
- Optimize the presentation of our site according to the display preferences of your terminal (display resolution, operating system used, etc.) during your visits, depending on the hardware and viewing or reading software on your terminal;
- Allow the user to access reserved and personal areas on our site such as his personal account based on the information he provided when creating his account. The user has access through this means to personalised content that is reserved for him/her.
- Memorize information related to a form you have filled out on our site (access to your account/preferences) ;
- Implementing security measures, for example when the user is asked to log in after a certain period of time ;
- Personalize our site and our offers and according to your preferences noted and/or declared including from your personal account and your needs;
- Elaborate commercial statistics, analysis and marketing tools (including classification, score, etc.);
- Determine which cookies you have authorized access to;
- Analyze your behavior on our site in order to generate statistical data, to make advertising on our site more relevant.
The cookies of our partners are the following:
- Paypal: https://www.paypal.com/fr/webapps/mpp/ua/privacy-full
- Shopify: https://www.shopify.fr/legal/confidentialite
- Microsoft : https://privacy.microsoft.com/fr-FR/
- Youtube: https://www.youtube.com/account_privacy
- Google: https://policies.google.com/privacy
- Weglot: https://weglot.com/privacy
- Google Adwords : https://adssettings.google.com
- Analytics Opt-out : https://tools.google.com
- Mod Media : https://modapps.com.au
- Vimeo: https://vimeo.com/privacy
- Criteo : https://www.criteo.com/fr/privacy/
- Facebook: https://www.facebook.com/policy.php
V.Our commitment to respect the integrity and confidentiality of your personal data
- The security of our hosting servers
The hosting servers on which the Gérard Bertrand group processes and stores your data are exclusively located in the European Union and meet a level of security in accordance with the typology of the latter.
In accordance with the General Regulations on Data Protection, an impact analysis has been carried out on sensitive processing operations in order to determine our ability to carry out the processing of these data in complete security.
- Measures implemented to meet our commitment
Within the framework of its services, the Gérard Bertrand Group attaches the utmost importance to the security and integrity of its clients' personal data.
Thus, and in accordance with the RGPD, the Gérard Bertrand Group undertakes to take all precautions to preserve the security of your data and in particular to protect them against any accidental or illicit destruction, accidental loss, alteration, distribution or unauthorized access, as well as against any other form of illicit processing or communication to unauthorized persons.
In addition, to prevent unauthorized access and to ensure the accuracy and proper use of your data, the Gérard Bertrand Group has put in place appropriate digital, physical and managerial procedures to safeguard and preserve the data collected through its services.
Even so, no one can consider himself completely immune from malevolence. This is why, in the event of a security breach presenting a high risk to the integrity or confidentiality of your data, the Gérard Bertrand Group undertakes to inform you within a reasonable period of time and to take all possible measures to neutralize the intrusion and minimize its impact.
In the event that you suffer damage as a result of the exploitation of a security flaw by a third party, the Gérard Bertrand Group undertakes to provide you with assistance so that you can assert your rights.
Any person exploiting a security flaw in our information system is exposed to penal sanctions and the Gérard Bertrand Group reserves the right to take any measure, including filing a complaint and/or taking legal action, in order to preserve the data, its rights and those of its beneficiaries and to limit the impact as much as possible.
VI. Changes to our Privacy Policy
The Gérard Bertrand Group reserves the right to modify and develop this privacy policy at any time, in particular in application of changes in the laws and regulations in force.
If the Gérard Bertrand Group wishes to use personal data in a manner different from that stipulated in the privacy policy in force at the time of collection, these changes will be published in a new version of this privacy policy.