1. Definition and nature of personal data
When you are using the Ian Motion Website that can be accessed at https://www.ian-motion.com/ (referred to hereinbelow as the “Site”), we may need to ask you to provide us with data of a personal nature concerning yourself in order to use the services offered by Ian Motion (referred to hereinbelow as the “Services”).
Under the framework of this Charter, the term “personal data” refers to any data enabling an individual to be identified, and particularly your surname, first name, postal address and e-mail address, telephone number, data relating to your transactions on the Site, details about your purchases, your credit card number, and any other information that you may choose to provide us with regarding yourself.
2. Purpose of this Charter
The purpose of this Charter is to inform you about the means we implement for collecting your personal data, strictly in accordance with your rights.
Regarding this matter, we hereby indicate to you that in terms of gathering and managing your personal data, we comply with Law No. 78-17 of 6 January 1978 concerning information technology, files and civil liberties, in its current version, referred to as the “IT and Civil Liberties Law”, and Regulation (EU) 2016/679 of 27 April 2016 (referred to hereinbelow as the “GDPR”).
3. Identity of the data collection manager
The manager in charge of collecting your personal data is the company Ian Motion, which is a simplified joint-stock company entered in the Paris Trade and Companies Register under No. 821 134 681, with its head office in Rue Alain Gerbault, 72100 Le Mans (referred to hereinbelow as “We”).
4. Collecting personal data
The legal basis for our collecting of your personal data is as follows:
- The execution of a contract when you use our services at our Site.
- The legitimate interest when you voluntarily provide us with personal data during your visit to our Site, with the data then being collected to enable us to optimally respond to your requests for information about our Services.
- Your consent regarding the newsletters for which you have accepted cookies from social networks, advertising cookies and the Google Analytics cookies referred to in Article 10.
Your personal data are collected in order to fulfil one or more of the following purposes:
- To carry out operations relating to customer management concerning contracts, orders, deliveries, invoices, and follow-ups in terms of relations with clients,
- To put together a file of signed-up members, users, clients and prospects,
- To send out newsletters, canvassing and promotional messages. Should you not wish this, we give you the option of stating your refusal regarding this matter as part of the collection of your data;
- To organise competitions, lotteries and any promotional operations, excluding on-line gambling and gaming subject to approval by the on-line Games Regulatory Authority,
- To manage handling people’s opinions about products, services or content,
- To manage unpaid bills or any disputes regarding the use of your products and services,
- To personalise the responses to your information requests,
- To fulfil our legal and regulatory obligations.
5. Recipients of the data collected
Only staff from our company, inspection services (and particularly the official auditor) and our sub-contractors will have access to your personal data.
Public bodies may also receive your personal data, solely in order to fulfil our legal obligations, along with court officers, ministerial officials, and bodies assigned to carry out debt recovery.
6. Transfer of personal data
Your personal data shall not be transferred, rented out or exchanged for the benefit of third parties without your consent.
7. Period for which the personal data are kept
- Concerning data relating to the management of customers and prospects:Your personal data will not be kept above and beyond the period strictly required for managing our commercial relations with you. However, data enabling proof to be established regarding a right or a contract which have to be kept as part of fulfilment of a legal obligation will be held for the period laid down by the law in force.Concerning any canvassing operations in relation to the clients, their data may be kept for a period of three years counting from the end of commercial relations.
Personal data relating to a prospect who is not a client may be kept for a period of three years counting from when they are collected, or from the date of the last contact with the prospect.
At the end of this three-year period, we may resume contact with you in order to find out whether you wish to continue receiving commercial canvassing.
- Concerning data relating to credit cards:
Financial transactions relating to payment for purchases and costs via the Site are assigned to a payment services provider who ensures the smooth running and security of them.For the needs of the services, this payment service provider may need to be the recipient of your personal data relating to your credit card numbers, which it gathers and keeps in your name and on our behalf. We do not have access to these data.To enable you to regularly carry out purchases or pay costs relating to the Site, your data relating to your credit cards are kept during the period you are signed up for the Site and, at the very least, until such time as you carry out your last transaction.
By ticking the box expressly for that purpose on the Site, you are granting us your express consent to keep these data.
Data relating to visual cryptograms or CVV2’s entered on your credit card are not stored.
If you refuse to have your personal data relating to your credit card numbers held under the conditions specified above, we will not keep these data any longer than the time necessary to enable the transaction to be carried out.
In any case, data relating to these matters may be kept for the purpose of providing proof in the event of any dispute regarding the transaction, with them being held in interim archives, for the period laid down by Article L 133-24 of the Monetary and Financial Code which, as it turns out, is for 13 months from the debit date. This timeframe may be extended to 15 months in order to take into account the possibility of using deferred debit payment cards.
- Concerning the management of lists of objections to receiving canvassing:The information enabling your right of objection to be taken into account is kept for a minimum of three years counting from this right of opposition being exercised.
- Concerning cookies:The period for which cookies referred to in Article 10 are kept is 13 months.
We hereby inform you that we take every useful precaution, and implement appropriate organisational and technical measures in order to maintain the security, integrity and confidentiality of your personal data and particularly, to prevent them from becoming distorted or damaged, and to prevent unauthorised third parties having access to them. We also make use of secure payment systems that comply with the state of the art and the applicable regulations.
In this capacity, we hereby inform you that we comply with the security measures set up by our service provider that hosts your data, the company X, whose measures can be accessed in the appendix to this document.
We hereby inform you that, throughout the period they are held, your data are kept and stored on the servers of the company X, located in X in the European Union.
Your data will not be subject to any transfer outside of the European Union as part of use of the services that we offer you.
Cookies are text files, which are often encrypted, and are stored in your browser. They are created when a user’s browser loads a given Website: the site sends information to the browser, which then creates a text file. Each time the user returns to the same site, the browser retrieves the file and sends it to the Website’s server.
A distinction may be drawn between various types of cookies, which do not have the same purposes:
- Technical cookies are used throughout your browsing in order to facilitate and execute certain functions. A technical cookie may, for example, be used to save the responses entered in a form, or the user’s preferences regarding languages or the presentation of a Website, when such options are available.
We use technical cookies.
- Social networks cookies may be created by social platforms in order to enable Website designers to share their sites’ contents on the aforementioned platforms. In particular, these cookies may be used by social platforms to track the browsing of Web surfers on the Website in question, whether or not they use these cookies.
We use social networks cookies.
Moreover, we hereby invite you to look up the privacy protection policies of the social platforms that are the source of these cookies, in order to find out about the end use of the browsing information that they may gather using these cookies and the terms for exercising your rights in relation to these platforms.
- Advertising cookies may be created not only by the Website the user is browsing through, but also by other Websites disseminating advertising, announcements, widgets or other elements on the page displayed. In particular, these cookies may be used to carry out targeted advertising, or in other words advertising determined depending on the user’s browsing.
We also use advertising cookies.
- We use Google Analytics, which is a statistical tool for audience analysis that generates a cookie enabling the number of visits to the Site to be measured, as well as the number of pages seen and visitors activity. Your IP address is also collected in order to determine the town from which you are connecting.
We hereby remind you for all useful purposes that you have the possibility of opposing cookies being left by configuring your browser. Such a refusal may however prevent the Site from functioning properly.
11. Access to your personal data
In accordance with Law No. 78-17 of 6 January 1978 concerning information technology, files and civil liberties, and the GDPR, you have the right to have the data concerning you communicated to you and, where applicable, to rectify or delete the data concerning you by contacting:
- E-mail address: firstname.lastname@example.org
- Postal address: 9 Rue Alain Gerbault, 72100 Le Mans, France
You are hereby reminded that anyone may, for legitimate reasons, object to the processing of data concerning them. We may however need to continue the processing if there are legitimate reasons for the processing which take precedence over your rights and freedoms, or if the processing is required in order to note, exercise or defend our rights in court.
12. The right to set directives relating to the processing of data after your death
You have the right to set directives relating to keeping, deleting and communicating your personal data after your death.
These directives may be of a general nature; in other words they then relate to all of the personal data concerning you. In that case, they must be saved with a trusted digital third party certified by the CNIL (National Commission of Information Technology and Civil Liberties).
The directives may also be specific to the data processed by our company. In that case, you should send them to the following addresses:
- E-mail address: email@example.com
- Postal address: 9 Rue Alain Gerbault, 72100 Le Mans, France
By sending us such directives, you expressly grant your consent to these directives being kept, transmitted and executed according to the terms set out in these presents.
In your directives, you may appoint a person responsible for executing them. That person will then have the capacity, when you are deceased, to find out about the aforementioned directives and ask us to implement them. In the absence of such an appointment, your heirs will have the capacity to find out about your directives upon your death and to ask us to implement them.
You may modify or rescind your directives at any time by writing to us at the addresses above.
13. Portability of your personal data
You have a portability right over the personal data that you supply to us, with these being understood to be the data that you actively and intentionally declared under the framework of accessing and using the services, as well as the data generated by your activity within the context of using services. We hereby remind you that this right does not cover the data collected and processed on any legal basis other than the consent or execution of the contract binding us.
This right may be exercised free of charge at any time in order to retrieve and keep your personal data.
Under this framework, we will send you your personal data via any means deemed useful, in an open standard format commonly used and which is machine-readable, in accordance with the state of the art.
14. Submitting a complaint to a control authority
You are also hereby informed that you have the right to submit a complaint to a control authority with jurisdiction (the National IT and Civil Liberties Commission in France) in the Member State where you normally reside, have your place of work, or the place where the breach of your rights may have been committed, should you hold that processing of your personal data forming the subject of this Charter constitutes a breach of the applicable legislation.
This action may be exercised without prejudice to any other action before an administrative or judicial tribunal. Indeed, you also have an actual right to administrative or judicial action if you hold that processing of your personal data forming the subject of this Charter constitutes a breach of the applicable legislation.
15. Limitation of the processing
You have the right to have the processing of your personal data limited in the following cases:
- During the verification period that we implement, when you contest the accuracy of your personal data,
- When the processing of these data is illegal, and you wish to limit this processing rather than delete your data,
- When we no longer have any need of your personal data, but you wish the data to be kept so you may exercise your rights,
- During the period for verifying legitimate reasons, when you object to the processing of your personal data.
We reserve the right, solely at our discretion, to partially or completely amend this Charter at any time. These amendments will come into force from the publication of the new Charter. Your use of the Site after these amendments come into force will entail recognition and acceptance of the new Charter. Failing that, and if this new Charter does not suit you, you will no longer have access to the Site.
17. Entry into force
This Charter came into force on 5 July 2018.