Privacy policy
Château de la Négly

Updated on 22/05/2019
Château de la Négly is committed to preserving and protecting the confidentiality of the data it collects from the users of its services and from its customers. It invites Data Subjects to read this document carefully, as it details and explains the processing of personal data carried out in the course of its online wine sales.
For any question about this document and, more generally, about the collection and processing of personal information, Château de la Négly can be contacted at the following email address: boutique@lanegly.fr

1. General information
The purpose of this Privacy Policy is to set out the rules that apply to the collection and processing of personal data.
This Privacy Policy forms an integral part of the general terms and conditions of use and sale of the website www.lanegly.com.
It applies to all Users of the Site and to all Customers of Château de la Négly. By browsing the Site, whatever the technical means of access and the devices used, the User is deemed to be aware of this Privacy Policy and to accept its terms without reservation. If the User disagrees with any of its terms, they are free not to use, or to stop using, the services of Château de la Négly, in particular if the terms of the Privacy Policy are amended.

2. Definitions
Whenever they are used in this Privacy Policy, the capitalised terms have the following meanings: User means a user of the Site;
Customer means any adult individual with full legal capacity who has a delivery and billing address in mainland France, acting for purposes outside their commercial, industrial, craft, agricultural
or professional activity, who has placed an order on the website https://lanegly.com/en/;

Data Subject means the person, Customer or User, whose Personal Data has been collected; Château de la Négly means the data controller, SARL Château de la Négly; Personal Data means data that directly or indirectly identifies a Data Subject and is collected by Château de la Négly; Processing means any operation, or set of operations, performed on Personal Data; Privacy Policy means this privacy policy; Site means the website https://lanegly.com/en/.

3. Controller of Personal Data
The controller of the Personal Data, as defined by the French Data Protection Act and Regulation (EU) 2016/679, known as the General Data Protection Regulation, is SARL Château de la Négly, with share capital of 196,028 euros, registered with the
Narbonne Trade and Companies Register (RCS) under number 333 554 095, whose registered office is at Domaine de la Négly, 11560 FLEURY, France, represented by its manager, Mr Jean PAUX-ROSSET, VAT no. FR 43 433 841 111. In this capacity, Château de la Négly undertakes, in the course of its activities, to comply with the laws and regulations in force and to process Personal Data lawfully, fairly and transparently.

4. Purposes and legal bases of data processing
Château de la Négly processes Personal Data for the purposes and on the legal bases set out in the table below. Personal Data is not processed for any other purpose incompatible with the original purpose.
The legal bases may be:

  • The freely given, specific, informed and unambiguous consent of the Data Subject;

  • the performance of a contract to which the Data Subject is party, or of pre-contractual measures taken at their request;

  • compliance with a legal obligation to which Château de la Négly is subject;

  • the legitimate interest pursued by Château de la Négly or by the recipient of the Data, provided that this does not override the interests or fundamental rights and freedoms of the Data Subject.

PURPOSE OF THE PROCESSING / LEGAL BASIS OF THE PROCESSING

Creation and management of the customer account: consent of the Data Subject. Management of payment transactions: performance of the contract of sale concluded between the Data Subject and Château de la Négly. Management of claims, withdrawals and product returns:

performance of the contract of sale concluded between the Data Subject and Château de la Négly. Management of deliveries: performance of the contract of sale concluded between the Data Subject and Château de la Négly.

Provision of an after-sales customer service, management of order tracking, display of targeted advertising on the site and on social networks:

performance of the contract of sale concluded between the Data Subject and Château de la Négly. Personalisation of the sites (mobile and desktop) and applications: consent of the User. Fraud prevention: legitimate interest of Château de la Négly.
Measurement of the audience of the sites (mobile and desktop) and mobile applications:

consent of the User.
Sharing of information with processors: performance of the contract of sale concluded between the Data Subject and Château de la Négly. Management of objections: legitimate interest of Château de la Négly.

Marketing: consent of the Data Subject; legitimate interest of Château de la Négly.

Sending of newsletters: consent of the Data Subject.

Accounting, tax and other obligations: compliance with a legal obligation to retain Personal Data.

Management of pre-litigation and litigation: legitimate interest of Château de la Négly.

Where processing is based on the Data Subject’s consent, the Data Subject has the right to withdraw their consent by making a request, without affecting the lawfulness of processing based on consent before its withdrawal. Requests should be sent to boutique@lanegly.fr

5. Data protection
Château de la Négly strives to take all appropriate precautions to preserve the confidentiality and security of the Personal Data processed and to prevent it from being altered or accessed by unauthorised third parties. Château de la Négly has put in place a physical and IT security system to prevent external access to Personal Data.

6. Recipients of the data
Only employees and processors have access to Personal Data, and only insofar as this access is necessary to fulfil orders and/or to achieve the purposes of the collection set out in article 4.
Each of them is bound by a duty of confidentiality.
The processors of Château de la Négly:

  • Geodis France Express;

  • Stripe; Crédit Agricole

  • Wix

7. Transfers to third countries
All Personal Data is stored on servers located in the European Union.

8. Data retention period
Château de la Négly has set precise rules for the retention period of Customers’ Personal Data. In accordance with applicable laws and regulations, Château de la Négly keeps the written record of the conclusion of the contract of sale and the accounting and supporting documents for 10 years.
In addition, Château de la Négly reserves the right to keep Personal Data for the management of pre-litigation and litigation, for a period equal to the applicable limitation period.
The retention period for Personal Data is 3 years, starting from the Customer’s last purchase from Château de la Négly. Personal Data relating to the creation of a customer account is kept until the account is deleted.
When the Data Subject exercises their right to object as described in article 9, the Data needed to take this right into account is kept for three years.

9. Rights of the Data Subject
All data collected is processed in accordance with the amended French Data Protection Act no. 78-17 of 6 January 1978 (“Informatique et Libertés”) and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (GDPR).
Accordingly, the Data Subject has the following rights:

  • Right of access;

  • Right to rectification and updating;

  • Right to erasure;

  • Right to object;

  • Right to restriction of processing;

  • Right to data portability.

Finally, if Château de la Négly detects a Personal Data breach likely to result in a high risk to the rights and freedoms of Data Subjects, it will inform them of the breach as soon as possible.

10. How to exercise these rights
The Data Subject may exercise their rights at any time in either of the following ways:

  • By post to the following address: Château de la Négly, Service Client, Domaine de la Négly, 11560 FLEURY, FRANCE

  • By email to: boutique@lanegly.fr

When a Data Subject exercises their rights, Château de la Négly endeavours to respond as soon as possible, within the maximum period provided for by law and free of charge, except in the event of abuse.
Before acting on such a request, Château de la Négly may ask for proof of the Data Subject’s identity in order to check that they are entitled to make it.

11. Right to lodge a complaint with the CNIL
If they receive no response or an unsatisfactory response, the Data Subject may lodge a complaint with the CNIL (the French data protection authority): https://www.cnil.fr /

12. Personal Data of minors
In accordance with the regulations in force and the general terms and conditions of sale, you must be 18 years old to access the Site. Château de la Négly therefore does not collect Personal Data from minors.

13. Marketing communications

Château de la Négly uses Data Subjects’ contact details to send them targeted advertising, in particular by email, post, text message or mobile notification. Château de la Négly complies with the rules laid down by article L34-5 of the French Postal and Electronic Communications Code, which requires the Data Subject’s prior consent for electronic marketing (email or text message).

The User may choose to subscribe to the Newsletter.
In addition, when you create your account on the site and when you confirm an order, the Data Subject is asked for their consent:

  • To receive promotional emails from Château de la Négly;

As an exception, a Data Subject who has not given prior consent may nevertheless be contacted if they are already a Customer of Château de la Négly and the purpose of the marketing is to offer similar products or services
. Château de la Négly may use the email address or phone number for marketing purposes to offer similar products or services. In all cases, the Data Subject may withdraw their consent and object, free of charge, to receiving these communications by:

  • clicking on the unsubscribe link provided in each email;

14. Cookies
Definition
The term “Cookies” refers to small text files that are saved on the hard drive of the user’s computer or mobile device when they visit a website. They are trackers placed and read when a website is visited. Purposes of cookies on the site
To improve browsing on the Site, Château de la Négly uses cookie technology. Cookies make it possible to offer you a personalised browsing experience on each visit and to measure the audience of the website www.lanegly.com.
The use of cookies is subject to the User’s consent where they are not strictly necessary for the Site to function.
Use of cookies by Château de la Négly.
Depending on the settings chosen for your device, cookies make it possible in particular:

  • to use the main features of the Site, to optimise the Site and to detect any technical problems;

  • to remember Users’ choices and preferences and to personalise their user interface;

  • to compile statistics for the purpose of managing traffic and the use of the various parts of the Site (sections visited, path taken by the visitor) in order to improve the site’s usability and the value of the services offered;

  • to assess the effectiveness of Château de la Négly’s advertising campaigns by counting and evaluating the number of sales and clicks in relation to its advertising investment;

  • to know the content of the pages viewed by the Data Subject, the searches for products and services they have made, the information they have chosen to share when registering on other sites, and the pages and websites they have visited.

Retention period of data collected by cookies

Data collected by cookies is kept for a maximum of 13 months after they are first placed.
Managing cookies
You can delete cookies from your computer at any time as described below. Please note, however, that your browsing experience on the Site may then be limited.
You can choose to block cookies from being placed on your computer directly in your browser settings. The procedure for deleting them differs from one browser to another.

For Google Chrome, the procedure is available at the following address:
https://support.google.com/chrome/answer/95647?hl=en

For Mozilla Firefox, the procedure is available at the following address:
https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

For Internet Explorer, the procedure is available at the following address:
http://windows.microsoft.com/en-gb/windows7/block-enable-or-allow-cookies

For Safari, the procedure is available at the following address:
http://safari.helpmax.net/en/privacy-and-security/managing-cookies

15. Updates to the Privacy Policy
By browsing the Site, whatever the technical means of access and the devices used, the User is deemed to be aware of this Privacy Policy and to accept its terms without reservation. The Privacy Policy may change. Château de la Négly will ensure that Data Subjects are informed of any changes, either by a special notice on our site or by a personalised notice, in particular in our newsletters. If the Data Subject disagrees with any of its terms, they are free not to use, or to stop using, the services offered by Château de la Négly. If the Data Subject does not agree with the new terms of the Privacy Policy, they are free to delete their Customer account.

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