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Accessing and using the website www.tapilou.com (hereinafter referred to as the “Site”) may involve you providing a certain amount of personal data (hereinafter referred to as “Personal Data”) concerning you.
In order to maintain your trust, We, the company TAPILOU, invite you to read our policy on this matter, which describes the data collected, the use made of it, and the rights you have regarding it.
1. DEFINITIONS
“Customer” refers to the user who is a customer of the Site.
“Customer Account” refers to the account you created as a Customer and user, which is accessible via your Login Credentials.
“Geolocation Data” refers to data that identifies your location in a reasonably specific manner, for example, using latitude and longitude coordinates obtained by GPS, Wi-Fi, or mobile triangulation.
“Personal Data” refers to any information relating to an identified or identifiable natural person; an “identifiable natural person” is considered to be a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or one or more specific factors relating to their physical, physiological, genetic, mental, economic, cultural, or social identity.
“Login Credentials” refers to your email address and your password.
“French Data Protection Act” refers to Act No. 78-17 of January 6, 1978, on Information Technology, Files and Freedoms (amended by Act No. 2018-493 of June 20, 2018).
“Product(s)” refers to the play mats for babies and toddlers marketed by the Company on the Site.
“EU Regulation 2016/679” refers to Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
“Services” refers to all the features made available to you through your use of the Site.
“Site” refers to the TAPILOU website which is intended exclusively for you as a non-professional user and customer (private individual) and is accessible at the URL www.tapilou.com.
“Device” refers to the smartphone, tablet, or any other hardware equipped with an operating system compatible with the Site and from which you access the Content and Services.
2. WHO COLLECTS YOUR DATA?
The website www.tapilou.com is published by the company TAPILOU, a simplified joint-stock company with a capital of 1,000 euros, registered in the Marseille Trade and Companies Register under number 882 014 095, whose registered office is located at 58 montée de saint menet, 13011 Marseille – FRANCE, represented by Ms. Déborah Goldberg, in her capacity as President.
As part of the use of the Site, we collect and process a certain amount of Personal Data concerning you.
We are therefore the data controller within the meaning of the French Data Protection Act and EU Regulation 2016/679.
3. WHAT PERSONAL DATA DO WE COLLECT?
We only collect, via the Site, the Personal Data that is strictly necessary for the proper performance of the services offered, namely:
You undertake to provide complete and accurate information to allow the proper performance of the Site’s Services.
The Personal Data we collect for the creation of your account are: your surname, first name, email address, and password.
This data is collected to allow you to create a Customer Account and have access to the Services.
We collect the data strictly necessary to process the payment for your order, namely, depending on the chosen payment method:
IT IS STRONGLY RECOMMENDED TO READ THE PRIVACY POLICIES OF OUR PAYMENT SOLUTION PROVIDERS BEFORE CONFIRMING ANY ORDER[1].
We guarantee that we take all appropriate organizational and technical measures to preserve the security, integrity, and confidentiality of your bank details against any unauthorized access, use, misappropriation, disclosure, or modification by using secure, state-of-the-art payment systems that comply with applicable regulations. This data is encrypted, in particular, using an algorithm considered “strong.”
The Personal Data we collect for the management of your orders are: your surname, first name, email address, delivery address, telephone number, billing address, and optionally the surname and first name of the person to whom you wish to gift a Product or gift card.
This data is collected to allow us to manage your order and deliver the Products to the person concerned.
Via the contact form, we collect data relating to your surname, first name, email address, as well as the subject and content of the message you wish to send us.
The contact form allows you to contact us to learn more about our Products, leave a comment about them, or ask us a general information question. The data is thus collected so that we can contact you in return to respond to your message.
The Personal Data we collect to subscribe you to our Newsletter is limited to your email address.
This allows us to send you our Newsletter.
We also collect your geolocation data if you authorize us to receive it by enabling access to geolocation data through the settings of your smartphone, tablet, or any other hardware equipped with an operating system compatible with the Site.
4. WHY DO WE COLLECT YOUR DATA?
We collect your data:
5. WHAT JUSTIFIES THIS COLLECTION?
The data will be collected and processed fairly and lawfully and will be used to carry out the services offered on the Site.
Regarding the orders you place on the Site, the legal basis for the collection and processing is the performance of the sales contract concluded between TAPILOU and the Customer.
Regarding other processing, we only collect your Personal Data to the extent that you have expressly given your consent.
You may withdraw your consent at any time by sending a request to this effect to the following contact details:
The withdrawal of your consent only applies to the future and does not call into question the lawfulness of processing carried out prior to the withdrawal of your consent.
6. DO YOU WISH TO RECEIVE OUR NEWSLETTER AND/OR OUR COMMERCIAL OFFERS?
You can consent to or object to the use of your email address at the time you provide your data, so that we may send you our newsletter or commercial offers electronically.
You may object to this prospecting at any time via the link provided for this purpose in all emails you receive.
7. TO WHOM DO WE COMMUNICATE YOUR DATA?
TAPILOU is the sole recipient of all data collected and processed. Only duly authorized TAPILOU personnel may potentially have access to it.
Our service providers in charge of delivering your Products also have access only to the data necessary for the proper performance of their delivery service, namely: your surname, first name, email address, telephone number, as well as your delivery address.
Our payment solution providers also have access only to the data necessary for the proper performance of their service as specified in Article 3.2 of these terms.
Finally, our outsourced IT service providers may potentially have access to the data during their maintenance operations, but they may under no circumstances carry out any other data processing operation, such as modifying or using it.
Your personal information will never be sold, exchanged, transferred, or given to another company for any reason whatsoever, without your consent, apart from what is necessary to respond to a request from you.
No data is transferred outside the European Union or to a country that does not ensure an adequate and appropriate level of data protection in accordance with European Union Personal Data regulations.
Anonymized data, however, may be provided to other parties for marketing, advertising, or other uses.
8. WHO ARE OUR PROCESSORS?
As part of the data processing carried out, we use the company SHOPIFY, a Canadian company whose premises are located at 151, rue O’Connor - Ottawa, Ontario K2P 2L8 – Canada, which ensures:
We guarantee that our processors host the data within the European Union or in a country ensuring an adequate and appropriate level of data protection and provide sufficient guarantees regarding the implementation of appropriate technical and organizational measures so that the processing meets the requirements of EU Regulation 2016/679 and the French Data Protection Act.
In any event, any subcontracting is carried out in strict compliance with this document. Consequently, we guarantee that our processors do not in any way exceed the processing terms defined in this document.
The processor may itself be authorized to subcontract all or part of its operations subject to strict compliance with the provisions of Article 28 of EU Regulation 2016/679 and this document.
However, as data controller, we remain your sole point of contact.
9. WHAT ARE YOUR RIGHTS?
In accordance with the regulations in force, you have rights over your Personal Data.
To exercise these rights, you must write to us specifying the subject of your request and keep proof of receipt of your request.
Any request for information about your rights or any request to exercise one of your rights must be sent to the following contact details:
Any request to exercise your rights must be accompanied by a copy of your identity document in order to prevent any fraud and/or illicit access to your data.
However, certain personal information may be exempt from such requests in certain circumstances, for example, if it infringes on the rights and freedoms of third parties. If an exception applies, we will let you know when responding to your request.
In accordance with the regulations in force, you have the right:
You have the right to the portability of your data, which must be returned to you by us in a structured, commonly used, and machine-readable format, if you wish.
You may only exercise this right to portability with respect to data that you have actively and consciously declared or that you have generated through your activity, in particular within the framework of using the contact form, to the exclusion of all other data that is calculated, derived, or inferred from the data you provided.
Furthermore, only data processed by automated means and collected on the basis of your consent or the performance of a contract are subject to this right.
We reserve the right not to satisfy your request insofar as the data concerned by your request does not meet the aforementioned conditions.
For all data not meeting the aforementioned criteria, you may only exercise the rights mentioned in the previous clause.
We will not prevent the transmission of data subject to the right to portability to another data controller, either through you or directly when technically possible. In the event that direct transmission of the data to another data controller is not technically possible, we will inform you and offer an alternative solution.
We are not responsible for the processing you carry out on the data resulting from the right to portability once you have retrieved it. Nor are we responsible for the processing carried out by the company that has retrieved your data following a request you have made to that effect.
In accordance with the regulations in force, you may formulate advance directives regarding the use of your data after your death (e.g., retention, deletion, disclosure).
You may modify or withdraw your instructions at any time.
You are informed of your right to refer the matter to the CNIL in the event of non-compliance with legal and regulatory provisions on our part regarding the management of your Personal Data.
To do so, you can contact the CNIL using the following link: https://www.cnil.fr/fr/plaintes
Notwithstanding the foregoing, as data controller, we remain your sole point of contact.
10. HOW LONG DO WE KEEP YOUR DATA?
10.1 We keep your Personal Data in an identifiable format only for the duration strictly necessary for the management of our commercial relationship and compliance with our legal and/or regulatory obligations.
Insofar as you are a Customer and hold a Customer Account, some of the data collected about you is kept for a period of five (5) years following the current year at the time the contract binding us ends (deletion of the Customer Account) in intermediate archives[2], in order to be able to respond to you in the event of a dispute.
10.2 Data collected from the contact form is kept for the time necessary for us to respond to you and, if applicable, for the duration of any subsequent exchanges that may take place between you and us. We subsequently archive this data for a period not exceeding one (1) year from its collection or from the last message you sent us.
10.3 Bank details collected on the Site in connection with the payment of Products are kept until the final payment deadline. The bank details are then kept in intermediate archives[3] for thirteen (13) months following the debit date or fifteen (15) months in the case of deferred debit payment cards, and may only be used in the event of a dispute over the transaction by the Customer, for evidentiary purposes, in accordance with Article L.133-24 of the Monetary and Financial Code.
10.4 In the event that you have not objected to commercial prospecting, your Personal Data is kept for a period of three (3) years from its collection or from the last contact from you (for example, a request for documentation or a click on a hyperlink contained in an email constitutes contact from you. Conversely, opening an email cannot be considered as contact from you). At the end of this three-year period, we may contact you to find out whether you wish to continue receiving commercial solicitations. In the absence of a positive and explicit response from you, the data will be deleted.
10.5 In the event of the exercise of the right of access or rectification, data relating to identity documents is kept for the period provided for in Article 9 of the Code of Criminal Procedure, i.e., one (1) year.
In the event of the exercise of the right to object, data relating to identity documents may be archived for the limitation period provided for in Article 8 of the Code of Criminal Procedure, i.e., three (3) years.
In the event of the exercise of the right to object to receiving commercial prospecting, the data necessary to take into account the exercise of your right, such as your email address, is kept for three (3) years from the exercise of your right and cannot be used for any other purpose.
10.6 Furthermore, we may keep anonymous or irreversibly anonymized data for an unlimited period for statistical reprocessing purposes. Given the anonymous nature of this data, it is not considered personal data within the meaning of EU Regulation 2016/679.
11. HOW DO WE USE COOKIES AND TRACKING TECHNOLOGIES?
Browsing the Site may cause cookies to be installed on your Terminal.
A cookie is a small file that does not allow you to be personally identified, but which nevertheless records information relating to the browsing of a Terminal on a website.
These cookies improve access to our website and identify regular visitors. In addition, our cookies enhance your experience by tracking and targeting your interests.
The cookies used on the Site are placed by us or by third parties.
We place on the Site cookies that are strictly necessary for browsing the Site, cookies whose exclusive purpose is to enable or facilitate communication by electronic means, and audience measurement cookies whose purpose is limited to measuring the audience of viewed content in order to allow an evaluation of the published content and the ergonomics of the Site.
Google Analytics and Hotjar cookies, whose purpose is audience measurement, are placed by third parties.
We automatically receive and record information from your Terminal and your browser, including your IP address, your software and hardware, and the page you request.
The collection of the IP address is essential to enable you to communicate on the Internet, but does not provide more precise information than the city, and the IP address is anonymized once geolocation has been performed.
Cookies used in addition to cookies that are strictly necessary for browsing the Site are used for the following purposes:
Cookies that are not strictly necessary can be disabled by following the instructions given in the section "How to configure cookies?" below.
Cookies that are strictly necessary for the provision of a service on the Site expressly requested by you do not require your consent.
On the other hand, cookies that are not strictly necessary for browsing the Site require your consent. As long as you have not given your consent, these cookies cannot be placed or read on your Terminal. You are informed of this by the appearance of a banner.
You may withdraw your consent to the placement or reading of certain cookies on your Terminal at any time.
The validity period of this consent is thirteen (13) months. At the end of this period, your consent will be collected again.
Cookies are kept for a maximum period of thirteen (13) months on your Terminal. Beyond this period, the cookies are permanently deleted from said terminals. This period is in no way extended in the event of a new visit to the Site.
Data collected via cookies is not cross-referenced with any other data processing.
You have the right to object to cookies through an opt-out mechanism by sending a request to this effect to the following address: contact@tapilou.com.
In the event of the exercise of such a right, no data concerning you is collected.
You are informed that refusing the installation of a cookie may make it impossible to access certain services of the Site.
In order to refuse the installation of cookies that are not essential for browsing the Site, you can configure your internet browser settings as follows:
Please note, however, that your consent is recorded using a cookie. Thus, if you delete all cookies stored on your Terminal via your internet browser, we will be unable to know that you have chosen this option.
Warning: if you systematically refuse the installation of all cookies on your Terminal, including those strictly necessary for browsing, via the "block all cookies" options, your browsing on the Site may be limited, and access to certain services may prove impossible.
For more information, you can consult the CNIL website via the following link:
https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser.
12. HOW TO CONTACT US?
You can contact us if you have any general questions or concerns regarding this privacy policy or how we process your Personal Data at the following address: contact@tapilou.com or via the contact form.
13. AMENDMENT OF THIS PRIVACY POLICY
We may update this privacy policy at any time in the event of changes to our practices, particularly regarding the Site's features.
In the event of a change to our privacy policy, we will necessarily update the "last updated date" of this document. We will be sure to inform you of any substantial changes relating to the processing of your data by placing a visible notice on the Site.
[1] Hyperlinks:
https://www.paypal.com/fr/webapps/mpp/ua/privacy-full
[2] Intermediate archiving is understood to mean data that still holds an administrative interest for the departments concerned (in the event of a dispute, for example), and whose retention periods are set by legal prescription rules.
