Definition of the terms
Client: any professional or natural person capable within the meaning of articles 1123 et seq. of the Civil Code, or legal person, who visits the Site that is the subject of these general conditions.
Benefits and Services: https://www.champagnebourcier.com makes available to Clients
Content: All the elements that make up the information on the Site, including texts, images and videos.
Customer information : Hereinafter referred to as "Information" which corresponds to all personal data that may be held by https://www.champagnebourcier.com for the management of your account, customer relationship management and for analysis and statistics purposes.
User: Internet user connecting, using the above-mentioned site.
Personal information: "Information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies" (article 4 of law n° 78-17 of 6 January 1978).
The terms "personal data", "data subject", "subcontractor" and "sensitive data" have the meaning defined by the General Data Protection Regulations (GDPR: No. 2016-679)
1. Presentation of the website
Pursuant to Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the https://www.champagnebourcier.com website are informed of the identity of the various parties involved in its implementation and monitoring:
Owner: SARL Champagne Bourcier & Fils Share capital of 1000€ - 9 Chemin des Imblines 51300 COUVROT
Publication manager: Frédéric Bourcier - email@example.com
The publication manager is a natural person or a legal entity.
Webmaster: Frédéric Bourcier - firstname.lastname@example.org
Host: Wix - 40 Port of Tel Aviv 6350671 Tel Aviv-Jaffa 00 1 415 639 9034
Data Protection Officer: Frédéric Bourcier - email@example.com
During your browsing on our website, you are required to communicate us personal data. We thank you for your trust and we would like to inform you here on the use of your data as well as on your rights. The entity responsible for processing personal data is the company CHAMPAGNE BOURCIER. Should you have any question, you can contact us by email at firstname.lastname@example.org.
2. General conditions of use of the site and the services offered
The Site constitutes an intellectual work protected by the provisions of the Intellectual Property Code and applicable international regulations. The Client may not in any way reuse, transfer or exploit for their own account all or part of the elements or works of the Site.
This website is normally accessible to users at all times. However, Champagne Bourcier may decide to interrupt the service for technical maintenance purposes, and Champagne Bourcier will endeavour to inform users in advance of the dates and times of the service. The website is regularly updated by Frédéric Bourcier, in charge. Similarly, the legal notices may be modified at any time: they are nevertheless binding on the user, who is invited to refer to them as often as possible in order to become aware of them.
3. Description of the services provided
The purpose of the website is to provide information about all the company's activities. Champagne Bourcier strives to provide as accurate information as possible on the site. However, it cannot be held accountable for omissions, inaccuracies and deficiencies in the update, whether caused by itself or by third party partners who provide it with this information.
All the information indicated on the site is given for information purposes only, and is subject to change. In addition, the information on the site is not exhaustive.
4. Contractual limitations on technical data
The objective is to provide a service that ensures the best accessibility rate. The host ensures the continuity of its service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible periods of time, in particular for maintenance, infrastructure improvement, infrastructure failure or if the Services and Services generate traffic deemed abnormal.
Champagne Bourcier and the host cannot be held responsible in the event of malfunction of the Internet network, telephone lines or computer and telephone equipment linked in particular to network congestion preventing access to the server.
5. Intellectual property and counterfeiting
Champagne Bourcier is the owner of the intellectual property rights and holds the user rights to all elements accessible on the website, including texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited, unless prior written authorization is obtained from: https://www.champagnebourcier.com.
Any unauthorized use of the site or any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of Articles L. 335-2 et seq. of the Intellectual Property Code.
6. Limitations of liability
Champagne Bourcier acts as the publisher of the site. He is responsible for the quality and veracity of the Content he publishes.
It cannot be held liable for direct and indirect damage caused to the user's equipment when accessing the website and resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or incompatibility.
Champagne Bourcier cannot also be held liable for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the site. Interactive spaces (possibility to ask questions in the contact area) are available to users. Champagne Bourcier reserves the right to remove, without prior notice, any content deposited in this area that contravenes the legislation applicable in France, in particular the provisions relating to data protection. If necessary, Champagne Bourcier also reserves the right to hold the user liable under civil and/or criminal law, in particular in the event of a racist, abusive, defamatory or pornographic message, regardless of the medium used (text, photography, etc.).
7. Management of personal data
The Customer is informed of the regulations concerning marketing communication, the law of 21 June 2014 for trust in the Digital Economy, the Data Protection Act of 06 August 2004 and the General Data Protection Regulations (RGPD: n° 2016-679).
7.1 Persons responsible for collecting personal data
For Personal Data collected in the context of creating the User's personal account and browsing the Site, the person responsible for processing Personal Data is: Champagne Bourcier & Fils. Champagne Bourcier is represented by Frédéric Bourcier, its legal representative.
As the person responsible for processing the data it collects, Champagne Bourcier undertakes to comply with the legal provisions in force. In particular, it is the Client's responsibility to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consents, with full information on the processing of their personal data and to maintain a register of processing in accordance with reality. Whenever Champagne Bourcier processes Personal Data, Champagne Bourcier takes all reasonable measures to ensure that the Personal Data is accurate and relevant to the purposes for which Champagne Bourcier processes it.
7.2 Purpose of the data collected
Champagne Bourcier uses you personal data for several purposes, particularly when:
You create a member account on the website,
You buy our products,
You subscribe to our newsletter by email.
More particularly, your personal data is necessary to:
Allow navigation on the Site and the management and traceability of the benefits and services ordered by the user: connection and use data of the Site, invoicing, order history, etc.
Prevent and fight against computer fraud (spamming, hacking...): computer equipment used for browsing, IP address, password (hashed)
Improve navigation on the Site: login and usage data
Allow us to perform the operations regarding our business relationship (that is to say concerning orders, transport, deliveries, payment, invoices, accounting, track of the “customer relationship”, such as the implementation of satisfaction surveys, the management of complaints and of the after-sale service, etc…)
Handle marketing actions and business development (proposing customized offers based on your choices, customizing our offers based on your preferences, elaborating trade figures, organizing contests except gambling, provide you with our newsletter if you are subscribed).
Handle the exercise of rights requests and complaints from visitors (complaints, litigations, comments on social media…)
Champagne Bourcier does not sell your personal data, which is therefore only used out of necessity or for statistical and analytical purposes.
7.3 Right of access, rectification and opposition
In accordance with current European regulations, Champagne Bourcier Users have the following rights:
Right of access (Article 15 DGPS) and rectification (Article 16 DGPS), updating, completeness of Users' data right to block or delete Users' personal data (Article 17 of the DGPS), when they are inaccurate, incomplete, ambiguous, outdated, or whose collection, use, communication or storage is prohibited.
Right to withdraw consent at any time (Article 13(2)(c) DGPS)
Right to limit the processing of Users' data (Article 18 DGPS)
Right to object to the processing of Users' data (Article 21 DGPS)
The right to the portability of the data provided by Users, when such data are processed automatically on the basis of their consent or a contract (Article 20 DGPS)
The right to define the fate of Users' data after their death and to choose to whom Champagne Bourcier shall communicate (or not) its data to a third party previously designated by them
As soon as Champagne Bourcier becomes aware of the death of a User and in the absence of instructions from them, Champagne Bourcier undertakes to destroy their data, unless their storage is necessary for evidential purposes or to meet a legal obligation.
If the User wishes to know how Champagne Bourcier uses his Personal Data, requests to rectify them or objects to their processing, the User may contact Champagne Bourcier in writing at the following address:
Champagne Bourcier & Fils - DPO, Frédéric Bourcier
9 Chemin des Imblines 51300 COUVROT.
In this case, the User must indicate the Personal Data that he or she would like Champagne Bourcier to correct, update or delete, by identifying themselves precisely with a copy of an identity document (identity card or passport).
You can also modify or unsubscribe to the newsletter by clicking on the hypertext link “unsubscribe” present in every newsletter and at the bottom of every page.
Requests to delete Personal Data will be subject to the obligations imposed on Champagne Bourcier by law, in particular with regard to the conservation or archiving of documents. Finally, Users of Champagne Bourcier may file a complaint with the supervisory authorities, and in particular with the CNIL (https://www.cnil.fr/fr/plaintes).
7.4. Personal data collected
Every data you may have provided us when you visited our website, when you placed orders and when you subscribed as a member are strictly confidential. This information is necessary for the purpose of their processing such as the handling of your orders as well as business relations as mentioned above. We collect the personal data that you voluntarily disclose to us, which are: your surname, name, date of birth, gender, address and email address.
We also collect and process the following data:
Data concerning the monitoring of our business relation: ordered products, quantity, amount, delivery and/or billing address, phone number, as well as any other relevant information about delivery (tracking number, shipment status, etc…), purchase history, return of products, correspondence and/or phone calls between you and our customer service, exchanges and comments from customers.
Data necessary for actions of loyalty, prospecting and promotion; for the organization and processing of contests, lotteries and any promotional campaigns such as the date of participation, the answers given to contests and the nature of the lots offered; for your contributions (opinion on products).
The collecting and processing of these personal data on the website are principally intended to allow the handling of your orders. The collecting and transmission of some data are mandatory and others are optional, and signaled as such in the collecting forms available on the site and made visible by the *.
Besides, we also collect and process personal data relating to you navigation and your behavior on the website: visited pages, clicked products, abandoned carts.
7.5. Recipients of these collects
Champagne Bourcier commits to never resell these data. It should be noted that bank details are not collected. However, we have to share some data with third party service partners:
Our payment methods or payment security providers,
Our delivery service providers and carriers,
Our IT service providers,
Traffic analyzers (Google Analytics).
Champagne Bourcier may be required to transfer your data to third parties upon receiving the query from a judicial authority or from any other administrative authority entitled by the law soliciting the disclosure of that information, in accordance with current legislative provisions.
7.6. Data Retention
Your personal data are collected and processed by Champagne Bourcier for the time necessary to complete the processing previously aimed.
Thus, prospective customers’ data are kept in current archive (that is to say routinely accessible by Champagne Bourcier’s appropriate services) for 3 years as from the last contact of the prospect.
The following actions are considered as a “contact”:
Logging in the member account,
Consulting a product sheet,
Adding a product to the cart,
Searching for a product on the website,
Clicking on a link in Champagne Bourcier’s newsletter or in an email sent by Champagne Bourcier,
Achieving and participating in a contest organized by Champagne Bourcier.
At the end of this 3-year period, Champagne Bourcier will be able to get back in touch with the prospect in order to know if they wish to continue receiving commercial solicitations. In the absence of a positive and explicit answer from the prospect, the data are archived in accordance with the current provisions, and in particular those provided for by the Commercial Code, the Civil Code and the Consumer Code.
In any event, you can revoke your consent at any time and ask to unsubscribe to Champagne Bourcier’s newsletter by clicking on the link contained in the messages addressed to you. In this case, your personal data will be destroyed in a period of 1 month maximum as of your request to unsubscribe.
The member accounts’ data are stored during the period strictly necessary to the handling of the business relation. Beyond the period of business relation with the customer, some data are likely to be archived in accordance with the current provisions (in particular but not exclusively, those provided for by the Commercial Code, the Civil Code and the Consumer Code). Besides, customers’ data used for purposes of commercial prospecting can be stored during an 8-year period as of, for instance, the last contact from the customer or the request to delete the customer’s account.
At the end of this 8-year period, Champagne Bourcier will be able to get back in touch with the prospect in order to know if they wish to continue receiving commercial solicitations. In the absence of a positive and explicit answer from the prospect, the data are archived in accordance with the current provisions, and in particular those provided for by the Commercial Code, the Civil Code and the Consumer Code.
7.7. Non-communication of personal data
Champagne Bourcier refrains from processing, hosting or transferring Information collected on its Customers to a country outside the European Union or recognised as "not adequate" by the European Commission without first informing the customer. Nevertheless, Champagne Bourcier remains free to choose its technical and commercial subcontractors on condition that they provide sufficient guarantees with regard to the requirements of the General Data Protection Regulations (RGPD: n° 2016-679).
Champagne Bourcier undertakes to take all necessary precautions to preserve the security of the Information and in particular that it will not be communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of Customer Information is brought to Champagne Bourcier's attention, Champagne Bourcier must inform the Customer as soon as possible and inform them of the corrective measures taken. In addition, Champagne Bourcier does not collect any "sensitive data".
The User's Personal Data may be processed by Champagne Bourcier subsidiaries and subcontractors (service providers) exclusively for the purposes of this policy.
Within the limits of their respective powers and for the purposes mentioned above, the main persons likely to have access to the data of Champagne Bourcier Users are mainly our customer service agents.
8. Incident notification
Regardless of the efforts made, no method of transmission over the Internet and no method of electronic storage is completely secure. Therefore, we cannot guarantee absolute security. If we become aware of a security breach, we will notify the users concerned so that they can take appropriate action. Our incident notification procedures take into account our legal obligations, whether at national or European level. We are committed to fully informing our customers of all matters relating to the security of their account and to providing them with all the information necessary to help them comply with their own regulatory reporting obligations.
No personal information of the user of the Champagne Bourcier site is published without the user's knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the hypothesis of the purchase of Champagne Bourcier and its rights would allow the transmission of this information to the potential purchaser, who would in turn be bound by the same obligation to store and modify the data with regard to the user of the Champagne Bourcier site.
8.1. Safety and security
To ensure the security and confidentiality of Personal Data and Personal Health Data, Champagne Bourcier uses networks protected by standard devices such as firewalls, pseudonymization, encryption and passwords.
When processing Personal Data, Champagne Bourcier takes all reasonable measures to protect it from damage, loss, misuse, unauthorized access, disclosure, alteration or destruction or unauthorized access to such data, accidentally or illegally.
9. Hypertext links "cookies" and internet tags
The Champagne Bourcier site contains a number of hypertext links to other sites, set up with the authorization of Champagne Bourcier. However, Champagne Bourcier has no possibility of verifying the content of the sites thus visited, and will therefore not assume any responsibility for this fact.
Unless you decide to disable cookies, you agree that the site may use them. You can deactivate these cookies at any time and free of charge from the deactivation options offered to you and recalled below, knowing that this may reduce or prevent accessibility to all or part of the Services offered by the site.
A "cookie" is a small information file sent to the User's browser and stored on the User's terminal (e.g. computer, smartphone), (hereinafter "Cookies"). This file includes information such as the User's domain name, the User's Internet service provider, the User's operating system, and the date and time of access. Cookies do not risk damaging the User's terminal in any way.
Champagne Bourcier is likely to process the User's information concerning their visit to the Site, such as the pages consulted and the searches carried out. This information allows Champagne Bourcier to improve the content of the Site and the User's navigation.
Cookies facilitate the navigation and/or provision of the services offered by the Site, the User may configure their browser so that they can decide whether or not to accept them so that Cookies are stored in the terminal or, on the contrary, that they are rejected, either systematically or according to their issuer. The User may also configure their browser software in such a way that the acceptance or rejection of Cookies is offered to them from time to time, before a Cookie is likely to be saved in their terminal. Champagne Bourcier informs the User that, in this case, not all the functionalities of their navigation software may be available.
If the User refuses to accept cookies in their device or browser, or if the User deletes cookies registered there, the User is informed that theirr browsing and experience on the Site may be limited. This could also be the case when Champagne Bourcier or one of its service providers cannot recognize, for technical compatibility purposes, the type of browser used by the terminal, the language and display settings or the country from which the terminal appears to be connected to the Internet.
If applicable, Champagne Bourcier declines all responsibility for the consequences related to the degraded functioning of the Site and any services offered by Champagne Bourcier resulting from (i) the refusal of Cookies by the User (ii) the impossibility for Champagne Bourcier to register or consult the Cookies.
At any time, the User may choose to express and modify their wishes regarding Cookies. Champagne Bourcier may also use the services of external service providers to help it collect and process the information described in this section.
Finally, by clicking on the icons dedicated to the social networks Facebook and Instagram on the Champagne Bourcier Site or in its mobile application and if the User has accepted the deposit of cookies by continuing their navigation on the Champagne Bourcier Site or mobile application, Facebook and Instagram can also deposit cookies on your devices (computer, tablet, mobile phone).
These types of cookies are only placed on your devices if you consent, by continuing to browse the Website or Champagne Bourcier's mobile application. At any time, the User may nevertheless withdraw his consent for Champagne Bourcier to deposit this type of cookie.
9.2. INTERNET TAGS
Champagne Bourcier may occasionally use Internet tags (also known as "tags", or action tags, one-pixel GIF, transparent GIF, invisible GIF, and one-to-one GIF) and deploy them through a specialist web analytics partner who may be located (and therefore store the corresponding information, including the User's IP address) in a foreign country.
These tags are placed both in online advertisements allowing Internet users to access the Site, and on the various pages of the Site.
This technology allows Champagne Bourcier to evaluate visitors' responses to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information consulted), as well as the User's use of this Site.
The external service provider may collect information about visitors to the Site and other websites through these tags, compile reports on the activity of the Site for Champagne Bourcier, and provide other services related to the use of the Site and the Internet.
10. Applicable law and jurisdiction
Any dispute related to the use of the Champagne Bourcier website is subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is attributed to the competent courts of Châlons-en-Champagne.