Privacy policy

Privacy Policy

Latest update: January, 11th, 2016


The security and protection of your personal data is one of the top priorities of www.franckdubarry.com, a website (hereafter: “the Site”) managed by Franck Dubarry SA (hereafter: the “Company”).

It is for this reason that we undertake to store your personal data in a secure manner and to process your personal data with all appropriate care and attention in accordance with the Federal Data Protection Act (RS 235.1) and the Order on the Federal Data Protection Act (RS 235.11). The terms defined in the General Conditions of Sale of the Site apply to this Privacy Policy.

1. Personal data

In accordance with the Federal Data Protection Act (RS 235.1) and the Order on the Federal Data Protection Act (RS 235.11), data which is deemed to be personal consists of all the information relating to a person who is either identified or identifiable (“Personal Data”).

In connection with the Site, this consists of the following data:

  • Mr./Mrs./Miss
  • Name/forename
  • Name of your company
  • Address
  • Telephone number
  • Invoicing address
  • User name/ password
  • Email address
  • Data relating to your orders
  • IP address
  • Referring site
  • Date and time of Site visit
  • URL visited
  • Browser and operating system

During your use of the Site, Personal Data such as that set out here above may be processed by the Company. You hereby give your consent for the Company to collect and process your Personal Data in accordance with this Privacy Policy.

By “processing”, we mean any operation relating to Personal Data – whatever the means and processes used – in particular the collection, storage, use, modification, communication, archiving or the deletion of Personal Data.
 
The data controller of the file is:

Franck Dubarry SA, Rue du Jeu-de-l'Arc 15, 1207 Genève, Suisse, No de TVA : CHE-147.682.246.

The Company is furthermore authorized to contract out the storage and the processing of your Personal Data to any data center selected by the Company for the storage of your Personal Data. The Company will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

2. Purpose of data collection

This clause describes the purposes for which we process your Personal Data.  All types of usage do not apply to all Users.

2.1. Sale

We use your Personal Data in order to carry out online sales, to interact with you, including by means of telephone, and to respond to your requests. Your data may also be used for fraud detection purposes.

2.2. Marketing

With your consent or where allowed by law, we use your data to send you information regarding our services and any promotional offers. Certain promotions or competitions may take place on third party sites. Your data may also be used in relation with the development of our partners in order to test your interest in the creation of new services, products or activities based on elements of your profile, your interests or your use of the Site. Your Personal Data may also be used in order to improve the services offered by the Company and to prepare statistics, including for big data purposes.

2.3. Personalization

With your consent or where allowed by law, we use your Personal Data in order to analyse your preferences and your patterns, to personalize your experience on the Site, as well as to optimise the Site.  We may also suggest to you content which is best suited to your interests.

Your Personal Data shall also be used in order to:

  • Create an account
  • Manage your account
  • Communicate with you (including by email or telephone)
  • Send you our newsletter (subject to your on Site registration)
  • Contact you via client support
  • Inform you of an offer, a sale or an event which may be of interest to you
  • Process your orders, which includes delivery and invoicing
  • Apply our Terms and General Conditions of Sale OR
  • Any other operation described at the time of data collection

3. Cookies

The Site uses cookies as well as other trackers with the same purpose. A cookie is a file containing data sent by the computer to your browser and which is registered on your hard drive on your computer, your tablet and/or your smartphone when you visit the Site. Cookies record personal information so that the Site may be customized to the preferences of the User so that your experience and your security may be constantly improved.

The Site uses “session cookies” which in particular affect the order in which the results are posted on the Site. Cookies are used, by way of example, in order to identify a registered user, without the latter being required to log in on each separate occasion.

The Site uses the following cookies:

Name : PHPSESSID
Tipology : Technical cookie
Persistence : End of navigation session
Function : default identifier that PHP uses for cookies

Name : PrestaShop
Tipology : Technical cookie
Persistence : 1 day
Function : Used to store all the session information, for visitors/clients as well as for employees/administrators

Name : SERVERNAME
Tipology : Technical cookie
Persistence : End of navigation session
Function : server identification

Name : _ga
Tipology : Technical cookie
Persistence : 2 years
Function : Used to distinguish users

Name : _gat
Tipology : Technical cookie
Persistence : 10 minutes
Function : Used to throttle request rate

You may also adjust the settings of your computer so that cookies may be accepted, or that you are notified of the installation of a cookie, or you may refuse all cookies. You may also manually disable cookies via the security settings in your browser. If you do not do this or do not refuse cookies, you agree to the collection and the processing of the information gathered by the Company.

Please note that if a cookie is disabled, the services offered by the Site may cease to function.

4. Browser data and third party services

By using the Site, you agree that we may gather, process and use, with the assistance of electronic means, your browsing data relating to your use of the Site.

We also use the services of third parties in order to analyse the browsing behaviour of our users. By using the Site, you agree that said third parties may process a part of your browsing data during your Site visits.

The Site uses in particular Google Analytics, an internet site analysis service provided by Google Inc. (“Google”).  Google Analytics uses cookies. The data generated by the cookies regarding your use of the Site (including your IP address) shall be transferred to and stored by Google on servers which may be situated abroad, including countries offering a lower level of data protection.  Google shall use this information in order to evaluate your use of the Site, to compile reports relating to the use of the Site and to provide other services relating to the activity of the site and use of the internet.  Google may communicate this data to third parties pursuant to a legal obligation or where said third parties process this data on behalf of Google, including in particular the editor of the Site. Google shall not associate your IP address with any other data held by Google.  You may disable the use of cookies by setting your browser accordingly. You may also completely disable the use of Google Analytics by downloading an add-on at the following address: http://tools.google.com/dlpage/gaoptout. By using the Site, you expressly consent to the processing of your Data by Google under the conditions and for the purposes set out herein. Furthermore, you agree to Google’s conditions of use. For more information regarding Google Analytics, please consult: General information on Google Analytics and privacy.

5. Third party disclosure

We may disclose and/or share your personal information to any member of our group.

You understand and agree that we may outsource the hosting and processing of your data to third parties located in France, specifically acting as data processors for the Company. Our data processors for these tasks are: OVH, 2 rue Kellermann - 59100 Roubaix - France (host) and Webmecanik, 6, Avenue de Thônes, 74000 Annecy (data processor).

The Company may be bound, due to legal or administrative proceedings or due to a suspicion of a crime or act which is contrary to the law, to disclose your Personal Data following a request (for example a request for information) by a tribunal or a judicial authority, provided that the conditions relating to judicial assistance have been satisfied.

Your Personal Data entrusted with the Company shall not be disclosed to third parties for any purposes other than those set out in this Privacy Policy unless with your prior agreement or pursuant to a judicial order. In latter case, you shall be informed that your Personal Data has been disclosed to a third party.

6. Storage of your Personal Data

Your Personal Data will be stored in France. You agree that the Company may store your Personal Data in any other country of the European Economic Area (“EEA”), including Switzerland.

You agree that your Personal Data may be transferred outside the EEA for being able to process your order. Your Personal Data may also be processed by staff operating outside the EEA who work for the Company or for one of its suppliers. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your Personal Data, you agree to this transfer, storing or processing. The Company will take all steps reasonably necessary to ensure that Your Personal data is treated securely and in accordance with this privacy policy.

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the Internet is not completely secure. Although the Company will do its best to protect your Personal Data, it cannot guarantee the security of your Personal Data transmitted to our site; any transmission is at your own risk. Once the Company has received your information, we will use strict procedures and security features to try to prevent unauthorised access.

7. No registration of information regarding payments

The Company does not process, nor does it have access to, any information provided in relation with the online payment of products.

However, via the Site you transmit data relating to your means of payment, including by credit card (bank references, name of the owner of the account, card number, expiration date, etc.) (payment data).

The Company uses the e-commerce solution PayPal Pro (the Payment Provider).

Credit card payments are processed by the Payment Provider in compliance with the PCI-DSS norms.  We do not have access to the credit card numbers.  For all credit card payments, the payment service provider uses a secure payment system; this is an SSL secure payment.  This payment protocol standard is recognized throughout the world for the protection of data transmitted over the internet.  It is available on practically all browsers.  The Personal Data which you provide relating to your credit card (number, end of validity date, CVM etc.) are encrypted prior to the sending of your post to the payment server.

We do not register and we do not request banking data, credit card data or banking card data.  External service providers carry out credit card payments.  Regarding such data, the general conditions and the privacy policy of the payment operator are solely applicable. We do not act as a financial intermediary or as a payment institution for the transactions which take place via the Site, said transactions being processed by the payment service provider.

You agree that the Company shall process payments via external service providers and that you shall transmit to said external provider your Personal Data (payment data) for the sole purpose of making the transaction. You expressly agree to send your payment data to the payment service provider, as well as send all information which the latter shall require from you.

You hereby expressly agree to comply with the general conditions of external service provider in charge of processing the payment, to pay it the commission provided therefore and to grant it all banking authorizations required to carry out the payment with your credit or banking card.

Your credit card transaction is made at your sole risk. The Company shall in no way or manner be held liable for any delay in the banking authorization relating to your banking card or of any damage or loss which may arise in relation with the transaction made via the Site.

8. Social networks

Certain features (called plugins) offered by various third party social media platform providers (for example Facebook, Linkedin, Twitter) are incorporated into our Site. These plugins allow the Site users to share content available on social networks. If a plugin appears on the Site during a browsing session, an automatic link with the servers of said site is provided. By this means, the data relating to your visit to our Site may be sent to this third party provider.  If the User is identified at the same time on the network of said third party provider, the visit to our Site may then be linked to the User’s network account (for example Facebook). The Company has no influence over this type of data transfer. Please consult the information relating to data protection by your social network regarding the purpose and the extent of the collection of your data, the subsequent management and use of your Personal Data by said provider, as well as your rights and setting options in order to protect your privacy.

When you authorize a third party social network (such as Facebook) to share data with us, we may receive any data which you publicly share on said social network as well as any data which forms part of your profile.  This may consist of basic data relating to your account (e.g. your name, email address, gender, birthday, the town where you reside, your profile photograph, your user identifier, your list of friends, etc.) and all other information or activity which you have authorized the third party network to share.

We also receive data relating to your profile when you use a function of the social network which is integrated into the Site (such as Facebook Connect) or when you interact with us via a social network.  In order to find out more about how we receive data regarding yourself from third party social networks or to cease sharing your data on said social networks, we invite you to read the conditions of use of the relevant social networks.

9. Communication with users

By becoming a User of the Site, you agree that we may process and use your Personal Data so that we may contact you, in particular by sending email containing general information, or by newsletter.

10. Links

The Site may contain links which direct you to third party sites. The Company rejects any liability relating to the privacy policy in force on said third party sites, the collection and use of your Personal Data by the latter, and relating to the contents of said sites (whether the links are hypertext links or deep-links).

11. Data security

At a security and organizational level, we use appropriate security measures in order to protect your Personal Data against any manipulation, against partial or total loss and against theft, as well as unauthorized access by third parties to your Personal Data. However, total security on the internet does not exist. Our security measures are constantly improved in line with technological developments, whether on an organizational or a technical level.  However, we cannot guarantee absolute security.  In the event of loss or theft of your Personal Data, we undertake to inform you thereof as soon as it is technically possible to do so.  However, we reject any liability in the event of a cyber attack on our servers and/or our data centres and/or in the event of a loss or leak of data.

We take the protection of data within the internal framework of the Company very seriously. Both our associates and the service companies we appoint are obliged by us to respect privacy and to comply with all data protection law provisions.

12. Right of access

Pursuant to art. 8 LPD, the client has the right to access his personal data.  This right may be exercised by email sent to the following email address:  privacy@franckdubarry.com, by connecting to the site http://www.franckdubarry.com with the login information, or by postal mail sent to the Company address. A response shall be sent by the Company within a period of 30 days.

Should you wish to so act, please contact us at privacy@franckdubarry.com.  We may also ask you to provide proof of your identity. You may also ask that any wrong information be corrected.

When you delete your account, your Personal Data is kept for a period of twelve (12) months in order to comply with legal requirements.

13. Changes to the Privacy Policy

This Privacy Policy may be amended from time to time. If we amend our Privacy Policy in any way whatsoever, we shall post an updated version on the page www.franckdubarry.com/content/2-privacy-policy and notify you the amendments.  Continued use of the Site after said amendments means that you accept said amendments and the resulting processing of you Personal Data.

The Users shall also be informed by way of email, notification or newsletter of any changes to the present Privacy Policy.

14. Applicable law and jurisdiction

This Privacy Policy and any questions relating thereto shall be governed by the laws of Switzerland, to the exclusion of any rules of conflict resulting from private international law.

Any dispute relating to the Privacy Policy must exclusively be brought before the tribunals of the registered office of Franck Dubarry SA, subject to an appeal to the Swiss Federal Tribunal.

Should you have any questions relating to this Privacy Policy, you may send these by email to the following address: privacy@franckdubarry.com.