The current website https://bluandberry.com is edited by Blu&Berry.
company with a capital of … euros
Having its registered office at ADRESSE – France
Registered under number …
Intra-Community VAT No. …
The chairman of the company is Claudine Kawiak.
Site editor (Publishing director) is Laura & Igor Kawiak.
The website is hosted by the company 1&1 IONOS.
Having its registered office at 7 PL DE LA GARE – 57200 SARREGUEMINES – FRANCE.
Registered under number 431 303 775 RCS SARREGUEMINES
Access to the Website and use of its content are subject to the conditions of use set out here under. Accessing the Website and navigating on it constitute the user’s acceptance without reservation of the following conditions.
Blu&Berry uses its best efforts to ensure that the information disseminated on the Website is accurate and up to date; it reserves the right to correct the content there of at any time. However, Blu&Berry cannot guarantee the correctness, accuracy and exhaustiveness of the information made available on the Website, such information constituting neither a guarantee nor a commitment on the part of Blu&Berry regarding the user.
Also, Blu&Berry cannot be held liable for any damages resulting from a third party’s having hacked into the Website and altered the information made available on it or, more generally, any damage, direct or indirect, whatever the cause, origin, nature and consequences, brought about by anyone’s accessing the Website or being unable to access it.
Blu&Berry implements measures designed to ensure the security of the files compiled from personal data collected on the Website. You are reminded however that Blu&Berry does not have control over the risks associated with the functioning of the internet and users’ attention is drawn to the existence of possible risks in terms of confidentiality of data transiting via this network.
Blu&Berry informs users of its Website that these conditions may be amended at any time. Any such amendments will be published online and deemed to have been accepted unreservedly by all users accessing the Website subsequently to their being posted online.
The French courts have territorial jurisdiction to hear any dispute regarding the use of the Website, subject to any contrary provisions deriving from Council Regulation (EC) No. 1215/2012 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters.
Protection of personal data
Last updated: 19/04/2020
Blu&Berry takes the protection of personal data very seriously. It undertakes to ensure the best level of protection for your personal data in accordance with applicable European and French laws and regulations on the protection of personal data.
For any information on the protection of personal data, you can also consult the website of the French Data Protection Agency www.cnil.fr.
The personal data collected on the Website are processed by:
Collection and processing of personal data
You are informed and accept that Blu&Berry, in order to be able to identify you, open and manage an account for you, respond to your requests, place product orders for you, process your orders, raise the associated invoices, manage your customer service questions and provide the services of https://bluandberry.com reserved for registered users who have stated their wish to benefit from these, and even in order to improve the website or fulfil legal and regulatory obligations, will collect the following personal data (the “data”):
- opening and management of a customer account: you will be asked for your surname, first name, date of birth, address of normal residence, mobile and landline telephone numbers, e-mail address, payment methods; the use of such data by Blu&Berry is dependent on your consent when creating your account;
- purchasing on the Website: when you connect to the Website, this will notably register your surname, first name, connection, usage and location data, delivery address, billing address and payment data; the use of such data by Blu&Berry is necessary in order for Blu&Berry to offer you its products and services and fulfil your order;
- browsing the Website: the Website pages browsed during your visits, the advertising you have clicked on and the possible search terms you entered on the Website might also be collected by Blu&Berry. Cookies are used when users browse the Website. You can deactivate cookies from your browser settings.
- payment: when you pay for products ordered on the Website, it registers the financial data relating to the bank account or credit card of the user;
- customer support: Blu&Berry, in the event of a claim or the exercise of your rights (legal guarantees, right of withdrawal, etc.), is required to use your surname, first name, telephone number, e-mail address, postal address, information about your order and, generally speaking, any correspondence with our customer service (e-mails and written correspondence);
- Website security and fraud detection. Blu&Berry uses your surname, first name, telephone number, e-mail and/or postal address, information about your order and payment methods, as well as the additional items you might be asked for in order to substantiate the data about you. The purpose of this is to ensure the security of the Website, the detection and prevention of fraud on the Website and involving payment methods, the prevention of spam and abusive mail, the prevention and tracking of payment incidents, the combating of money laundering;
- newsletters: if you subscribe to the newsletter, Blu&Berry uses the data communicated to open and manage your customer account (notably your surname, first name, date of birth, address of normal residence, mobile and landline telephone numbers, e-mail address) and/or during a purchase on the Website (notably your surname, first name, connection, usage and location data, delivery address, billing address) to send you newsletters by e-mail; the use of such data for this purpose by Blu&Berry is dependent on your consent when you create your account and/or confirm your order.
Blu&Berry is responsible for the processing of your personal data within the meaning of EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals in terms of the processing of personal data and the free movement of such data, repealing Directive 95/46/EC (hereinafter the “General Data Protection Regulation” or “GDPR”),
This data may only be communicated to the contractual providers and partners of Blu&Berry who, as processors within the meaning of the GDPR, intervene and contribute directly to the execution, management, processing and payment of your order and for which access to the data you entered when creating and using your account is absolutely necessary (identity, postal address, telephone number, e-mail address). Processors have limited access to the data. They may only act upon the instruction of Blu&Berry and are contractually obliged to use the data in accordance with the provisions of the applicable regulation.
If required by law, Blu&Berry may transmit data in response to claims made against the Website and to comply with administrative and judicial procedures.
With your consent only, we may process this data for the following purposes:
- sales solicitation: browsing on the Website and/or using the services provided on the Website builds a profile of you, which may consist of an e-mail address, a postal address, a telephone number and, where relevant, a date and place of birth, your Internet data (URL address, IP address); Blu&Berry, subject to your prior and express consent, may use your data to send you offers on products and services or tell you about special offers and promotions, by e-mail, SMS or MMS, telephone, advertising banners on third party sites or social networks, Internet search engines, etc. This data will also enable Blu&Berry to send you, with your express consent, newsletters telling you about current commercial campaigns, by way of commercial canvassing, targeted advertising, loyalty programmes, commercial offers, newsletters, events organised by Blu&Berry and news feeds.
Note that you have the right to refuse these newsletters, either by not giving your consent when you register and/or confirm your order, or, if you had given your consent previously, by freely opposing the use of your data to send commercial offers. You can make your request by clicking on the unsubscribe link in each e-mail message, or by writing to the Blu&Berry postal address mentioned previously or by e-mailing: email@example.com.
- Personalise the Website on the basis of your areas of interest.
Your personal data will only be conserved for the period strictly necessary for the purposes explained above. At the end of this period, your data will be irreversibly deleted or anonymised. The conservation period will depend on the purpose of the processing: the data collected when purchasing items on https://bluandberry.com will continue to be processed until the conclusion of the administrative and accounting formalities. After that, it will be archived according to local tax regulations (ten (10) years). The data used to open and manage your customer account will be conserved until you close your customer account. The data used to send you our newsletters will be conserved until you unsubscribe from them as indicated above.
Rights of Website users and exercise of rights
In accordance with the GDPR, you have a permanent right to access, modify, correct, delete and oppose the use of your data. In particular, you may at any time withdraw your consent to processing, view your data in our possession, its source and how it is used, and request its update, correction, modification (notably if the data is inaccurate or incomplete) and, in the cases established by the provisions in force, deletion, processing restriction or opposition to its processing. If necessary, you can ask to receive your personal data in the possession of Blu&Berry in a format readable from an electronic device and, where technically possible, we can transmit your data directly to a third party designated by you. If you think your personal data has been unlawfully processed, you can file a complaint with the Commission Nationale de l’informatique et des Libertés (French Data Protection Authority, abbreviated to the CNIL). If you would like further information about your rights and notably the right to file a complaint, please go to the CNIL site: https : //www.cnil.fr/.
To exercise one or more of your rights, please send an e-mail request to the Blu&Berry customer service at the following e-mail address: firstname.lastname@example.org indicating your surname, first name, e-mail address and your customer reference details. Your request should be accompanied by a photocopy of an identity document bearing your signature and specifying the address for response. The response to a request made on the basis of one or more rights will be communicated to you within a period of 2 months from receipt of the request.
You may communicate specific instructions to Blu&Berry defining the way you wish your rights to be exercised pursuant to the GDPR following your death.
For any clarification, request or requirement relating to the confidentiality and processing of your personal data, you may contact us at any time by sending an e-mail to the following address: email@example.com or by writing to the Blu&Berry head office: Blu&Berry – 9, Rue Charles Feige – 74120 Mègeve.
Changes to this clause
Blu&Berry reserves the right at any time to make any changes to this personal data protection clause. We would therefore invite you to periodically check the content. As far as possible, we will endeavour to inform you of the changes made at the appropriate time.
Security and confidentiality
We undertake to protect and ensure the security and confidentiality of your data in accordance with the GDPR, notably by taking all necessary precautions to prevent such data from being altered or destroyed or accessed by unauthorised third parties. However, we must stress that the Internet is not a completely secure environment, and Blu&Berry cannot control all the risks inherent in the use of the Internet. We would draw your attention to the existence of potential risks inherent in the use and operation of the Website. Blu&Berry accepts no liability for identity theft or the misuse of your account and for the possible consequences that might result.