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Privacy policy

POLICY OF PRIVACY

Latest update à Last update : 05 December 2023
1. DEFINITIONS

Capitalized terms refer to the following definitions: Capitalized terms have the following definitions :

The creative painter GESBERT DE LÍNEA designated under the sole proprietorship Sylvie GESBERT whose SIREN number is 445407760, SIRET number 44540776000054, APE number 9003A, Maison des Artistes member number G359-771, ADAGP member number 1013194 and whose head office is located at 6 rue Père Pouget, Saint-Ferréol 81540 SOREZE.

The “Site gesbertdelinea.art The GESBERT DE LÍNEA. ART WEBSITErefers to the web site accessible via the URL https:// www.gesbertdelinea.art and any sub-sites providing access to a content consultation area, a customer area, etc. provided bythe painter-creator GESBERT DE LÍNEA for the presentation and sale of its Products.

You” refers to the persons concerned by the Processing carried out on the gesbertdelinea.art Site (users, prospects, customers, etc.).

The “Policy” refers to this privacy policy.

Data” means any information about an identified or identifiable natural person (the “data subject“), directly or indirectly, in particular by reference to an identifier (name, identification number, location data, online identifier, etc.) or to one or more elements specific to his or her identity.

Processing” refers to any operation applied to Data (collection, recording, organization, storage, adaptation, communication by transmission, dissemination, deletion, etc.).

A “Data Controller” is the person who, alone or jointly with others, determines the purposes and means of processing, and a “Data Processor ” is the person who processes Data on behalf of the Data Controller. On the Site, unless otherwise stated, we are responsible for processing Data.

A “Recipient” is the natural or legal person, public authority, department or any other organization that receives personal data, whether or not it is a third party.

“Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (”RGPD”); Law No. 78-17 of 6 January 1978 on information technology, files and freedoms; the rules applicable to commercial prospecting provided for in the French Post and Telecommunications Code, and more generally the laws and regulations applicable to the Data Processing we carry out.

2. SITE SHOWCASE AND PROSPECTION COMMERCIALE

The Site gesbertdelinea.art presents the activities ofthe painter-creator GESBERT DE LÍNEA and various forms (contact, newsletter subscription…). By completing the forms and communicating with us via the Site, you transmit the following categories of information to us:

    • Identity data : title/gender; surname; first name; and, optionally, we may ask you for your date of birth to propose birthday offers;
    • Contact and correspondence data : e-mail address; postal address (address, zip code, town); telephone number; in the event of a customer service request, the nature and content of your request.
    • Opinions and contributions data : pseudonym, date of opinion, opinion content, product or service concerned, profile photo attached to the opinion, if applicable; The Company may enrich its Site by collecting and republishing opinions and contributions issued by its customers on other sites (in particular social networks) when these contributions are freely accessible to the public;
    • Data required for customer loyalty, prospecting, research, surveys, product testing and promotional activities;
    • Data relating to the organization and processing of contests, lotteries and promotional operations;
    • Data collected through the exercise of rights enshrined in the Regulations.

In accordance with our legitimate interests, and where necessary for the performance of pre-contractual measures taken at your request or of a contract, we process the above-mentioned Data for the following purposes:

    • Presentation of the products and services ofthe painter-creator GESBERT DE LÍNEA
    • Management, processing and follow-up of requests and exchanges withthe painter-creator, via the Site gesbertdelinea.art (if necessary by offering you a chatbot, a call reservation tool…);
    • Prospect relationship management ;
    • Management of people’s opinions on products, services or content fromthe painter-creator;
    • Canvassing and/or sending information, management of technical canvassing operations, selection of people for loyalty actions, canvassing, surveys, product testing;
    • Organization of contests, lotteries or any promotional operation on the gesbertdelinea.art Site.

Data used to manage commercial prospecting is kept for a maximum of three years from the last active contact from the prospect or customer, and earlier if you withdraw your consent to receive messages from us. Notice and contribution data is kept for the duration of public access to the notice on the gesbertdelinea.art website.

In accordance with our legal obligations, identity and contact data will also be processed for the following purposes:

    • Updating of prospecting files by the organization in charge of managing the opposition list for telephone canvassing, in application of the provisions of the French Consumer Code.
  • Management of requests for access, rectification and opposition rights, and more generally of the rights described in the Policy.
3. SALES ON ONLINE

The Site gesbertdelinea.art allows you to make purchases, which leads us to Process the following Data:

    • Data and contact contact details
    • Data relating to the contractual and commercial relationship : Details of the content of the order; Pre-contractual and order-related exchanges (purpose, date…); Communications withthe painter-creator GESBERT DE LÍNEA.
    • Payment and transaction data : transaction date, amount, payment method, order number, billing data;

This information is necessary for the management of our customer-prospects file, and more specifically for the following purposes in accordance with our General Terms and Conditions accepted when ordering on the gesbertdelinea.art website and with our legal obligations:

    • Carry out operations relating to the management of files concerning: contracts, including registrations; orders; delivery of the product or service; legal and commercial guarantees; invoices; accounting and follow-up of the commercial relationship (after-sales service), including opinions onthe painter-creator‘s offers;
    • Preventing and combating fraud and payment card fraud;
    • Management of unpaid invoices and disputes, provided that they do not relate to offences and/or do not result in the exclusion of a person from a right, service or contract.

Secure payment. All transactions carried out on our gesbertdelinea.art website are secure. Credit card payments are handled by our payment service providers (“PSP”), as indicated in our general terms and conditions or on the order page for our products and services. We use SSL encryption to protect your personal data and the means of payment used. At no time do we have direct access to your bank details through this process.

Shelf life. The personal data we process is kept for the periods shown in the table below.

Data concerned

Duration of shelf life

Data processed for commercial prospecting purposes

3 years from the prospect’s last active behaviour or the collection of the Data

Data required to process your order and manage contractual and commercial relations

3 years from the customer’s last active behavior or, failing that, from the end of the contractual relationship. For accounting documents (purchase orders, delivery notes, customer invoices): 10 years. from year-end

Purchase orders under 120.00 euros

5 years from conclusion of contract.

Purchase orders over 120.00 euros

10 years from the date of delivery or service.

Bank details: for one-off payments

13 months for immediate debit cards and 15 months for deferred debit cards from the debit date (for the purpose of responding to any disputes).

Bank details: for tacitly renewable subscriptions

13 months for immediate debit cards and 15 months for deferred debit cards from the date of debit of the last payment due at the end of the subscription period (for the purposes of responding to any disputes).

4. DELIVERY FROM PRODUCTS EQUIPMENT

To deliver products ordered on the gesbertdelinea.art website, we will ask you for your postal delivery address, if different from the billing address. If the goods are to be delivered to a third party, you confirm that you are authorized to pass on their identity and delivery details. These data will be transmitted to the carrier in charge of delivery.

Other information required for delivery will be processed in accordance with our GTC and our legitimate interest (delivery method, package size, delivery tracking information, delivery date, delivery note, signature, etc.).

The carrier in charge of delivery applies its own confidentiality policy to Data transmitted to it as part of the order or collected by it during delivery.

5. EVENTS

Registration and organization. We may organize face-to-face or remote events, conferences, festive or business events (the “Events”), which may be free or chargeable. The personal data required for the organization, management, processing and follow-up of invitations, registrations and participations in these Events are subject to computerized data processing. This data may be archived for five years after the event.

Image. In addition, we may need to record your image and/or your voice on photo, audio or video media during an Event, in accordance with our General Terms and Conditions or any other separate agreement.GESBERT DE LÍNEA may record and publish these images, including on social networks, in accordance with its legitimate interests. If you do not wish to appear, you may switch off your camera in the case of a remote event, move to the back of the room, not take part in group photos, not wave to the photographer/cameraman, etc. in the case of a face-to-face event.

6. NETWORKS NETWORKS AND SITES THIRD PARTY

Social networking. We may contact you or answer your questions via social networks, if you have first contacted us by this means. You are informed that the use of social networks involves the processing of personal data by the providers of these networks (see their privacy policy).

Public information. The information about you that you have transmitted to us may be enhanced for commercial, prospecting, communication, solicitation or marketing purposes, by means of other information sources such as social networks. This includes so-called “public” information, or information to which we may have access as administrator of a page or group. The legal basis for this processing is our legitimate interest as an individual commercial enterprise.

Interconnection. In the event that your member area may connect to another service (e.g. a social network) for cross-mailing purposes, the third-party service may provide us with information that you have authorized to be disclosed. You are informed that publishers of third-party services may also collect information concerning your consultation and/or use of the gesbertdelinea.art website, in accordance with their own personal data processing policies. For more information about registering on the gesbertdelinea.art website using a third-party account, please :

Facebook: https://www.facebook.com/help/223184117694507 ; https://developers.facebook.com/ docs/facebook-login/overview

Google: https://support.google.com/accounts/answer/112802? co=GENIE.Platform%3DDesktop&hl=en

7. EXERCISE FROM YOUR RIGHTS

If you wish to exercise any of the above rights or require further information, please can contact la painter- designer GESBERT DE LÍNEA on the site’s contact form or by post to the address of the painter-creator’s head office indicated at the top of the page.

In accordance with the Regulations, you have the following rights with regard to your Data:

  • Right of access to your Data, including the right to request a copy, and to the information provided in this privacy policy (art. 15 RGPD). Where the legal basis for data processing is our legitimate interest, you have the opportunity to request information relating to the balancing we have carried out between the interests of our customers and those of the Company prior to such processing.
  • Right to rectify (art. 16 RGPD) and update your data held by us .
  • Right to erasure of your Data (art. 17 RGPD) when the data is no longer necessary for us, you have withdrawn your consent to its Processing (if it was based on our consent) or you object to Processing based on our legitimate interest or Processing carried out for canvassing purposes or for profiling purposes related to canvassing.
  • Right to withdraw your consent at any time (art. 13-2c RGPD) for all data processing based on the legal basis of your consent. Furthermore, with regard to commercial prospecting, you have the option of unsubscribing from our mailing lists at any time by clicking on the unsubscribe link in our communications or by contacting us to stop receiving solicitation messages.
  • Right to the limitation of Processing, which, unless there is a compelling reason, can no longer be implemented without your consent (art.18 RGPD) when:
    • You may dispute the accuracy of the data for the time required to verify it,
    • If the data processing is unlawful but you object to the deletion of the data and opt instead for the restriction of processing,
    • When we no longer need the data but they are still necessary for the establishment, exercise or defense of your legal rights.
    • Where you have objected to processing based on our legitimate interest, for the time necessary to balance our respective interests.
  • Right to portability of Data directly provided by the data subject where it is subject to automated processing based on your consent or on a contract (art. 20 RGPD). This right means that you have the possibility of requesting the communication of this data in a structured, commonly used and machine-readable format so that it can be communicated to another data controller.
  • Right to object (art. 21 RGPD) to the Processing of your data when such Processing has as its legal basis our legitimate interest.
  • The right to define the fate of your Data after your death (art. 40-1 of law 78-17 of January 6, 1978) and to choose a trusted third party to whom the Company will entrust them.

You can also get more information at at website at the CNIL WEBSITE.

In the event of a request,la peintre-créatrice reserves the right to ask you to specify your request and to provide proof of identity (which will be kept for one year in the event of exercising the right of access or rectification, and for three years in the event of exercising the right of opposition). If you are not completely satisfied with our response, you can always lodge a complaint with the authority responsible for controlling and protecting your personal data (in France, the CNIL).

8. SHELF LIFE STORAGE

Commitments. Means for the effective deletion of Data are put in place as soon as the retention or archiving period necessary for the fulfillment of the determined or imposed purposes is reached, in particular after deletion of your account withthe painter-creator GESBERT DE LÍNEA or at the end of the contract with our Sole Proprietorship.

Minimization. In any event, Data subject to Processing will not be kept beyond the time required to fulfill the obligations defined when the contract was concluded, or laid down by current legislation. Beyond that time, it may be anonymized and stored for statistical purposes, notably in aggregate form.

Litigation. Similarly, we may archive information demonstrating the performance of our contractual obligations until the expiry of the prescription/forclosure periods applicable to legal actions, in order to defend our interests properly before the courts in the event of subsequent litigation. This applies in particular, but not exclusively, to the periods stipulated in the French Commercial Code, Civil Code and Consumer Code.

9. MAIL TO

Undertakings. We undertake to ensure that any data recipient presents sufficient and appropriate contractual guarantees to respect your rights, so that the processing meets the requirements of the RGPD where this regulation applies (in particular in terms of

subcontracting). On the basis of our legal obligations, your Data may be disclosed in application of a law, a regulation or by virtue of a decision by a competent regulatory or judicial authority.

The information you give us is for internal use by authorized persons. It is strictly confidential and may not be disclosed to third parties, except under the conditions provided for by the Regulations in the case of express agreement or if you have decided to make it public.

Subcontracting. Our external service providers (e.g. suppliers, carriers, etc.) may, in the context of the processing described above, receive personal data when this is necessary for the performance of their tasks.

Transfers outside the EU. We undertake to ensure compliance with the applicable regulations relating to the transfer of data to countries outside the European Union, in particular in accordance with the following procedures:

  • We will transfer the data of visitors, prospects and customers to countries recognized as offering an adequate level of protection;
  • When the country of destination does not offer an adequate level of protection, we use transfer tools that comply with regulations, such as the European Commission’s standard contractual clauses.

Aggregation of non-personal data. We may publish, disclose and use aggregated information (information relating to site users, prospects, customers, etc.) which we combine in such a way that no natural person is individually identifiable. This processing is carried out in accordance with our legitimate interest for statistical purposes, sector and market analysis, presentation of our activities, promotional and advertising purposes and other commercial purposes.

Business partnership. The e-mail addresses of customers who have agreed to this are made available to our commercial partners, to inform you of their offers and news:

Company transportation which provides transportation sale and the payment company.

10. SECURITY COMPUTING

Commitments. We are committed to implementing appropriate technical and organizational measures using physical and logistical security measures to limit the risks of accidental, unauthorized or illegal access, disclosure, alteration, loss or destruction of your personal data.

Warnings. We invite you to be cautious about what you decide to make public on the Internet. With regard to personal data , including data relating to your private life or sensitive data made public at your initiative or deduced from your contributions, comments and statements of any kind whatsoever on the Site, or on social networks in groups and/or conversations with other users of the Site.

Https protocol. The URL address of the gesbertdelinea.art site is accompanied by a closed padlock or a key in the bottom right-hand corner of your browser, indicating the existence of the Https security protocol, particularly for data storage. This means that you are in a secure browsing zone, particularly when you are asked for your credit card number.

Violation of data. In the event of an event leading to the realization of the risks of modification, disappearance or unauthorized access to Data, we undertake to:

  • Examine the causes of the incident ;
  • Take the necessary measures to limit the negative effects and damage that may result from the incident;
  • Notify the competent authority and/or the persons concerned of the incident as soon as possible when required by law.

Under no circumstances may the commitments defined in the above point be assimilated to any acknowledgement of fault or responsibility for the occurrence of this incident.

11. GENERAL

Character mandatory or optional. On the Site gesbertdelinea.art, you are informed of the compulsory nature of the answers by the presence of an asterisk or any other type of mention. In the event of an incomplete request (e.g. online registration or order, request for information, etc.),the painter-creator GESBERT DE LÍNEA reserves the right to request additional information or to prevent the form concerned from being validated by any technical means.

Hypertext links. The gesbertdelinea.art website may provide links to websites, applications and services other than its own, which may be operated by third-party companies. We are not responsible for the processing of personal data carried out by these third-party sites, or the sites linking to the Site, whose personal data protection policies the user is invited to consult for further information. The Policy applies solely to the activities ofthe painter-creator, who cannot be held responsible for the failure of a third party to meet its obligations with regard to the protection of personal data.

Scope of application. The Policy is not exhaustive and we reserve the right to add to it by any means.

Language. The Policy is written in French. Should it be translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.

Non-renunciation. The temporary or permanent non-application of one or more clauses of the present contract shall not constitute a waiver of the other clauses of the present contract, which shall continue to have full effect.

Modifications – Updates. We reserve the right to modify this privacy policy. The persons concerned will be notified when this is provided for by the applicable regulations. The date of updating is indicated in the header and we invite you to consult it regularly.

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