ARTICLE 1 – Object

The use of the Website requires the acceptance by the User or future User of the GTU.

The GTU formalises the contractual relationship between the User and MPS and serves as the legal basis for the collection and processing of the User’s Personal Data by MPS under the terms of this Privacy Policy (hereinafter the « Charter »). The Charter is an integral part of the GTU.

The User may, at any time, contact MPS regarding the protection of his Personal Data at the email address: marketing@mapergolasolaire.com

MPS takes the protection of the User’s privacy and Personal Data very seriously.. MPS collects, holds and uses Personal Data only in accordance with the contents of this Charter and the Privacy Policy.

ARTICLE 2 – Definitions

Capitalized terms in this Charter shall, unless otherwise specified, have the meaning given to them in the GTU.

In addition, terms in this Charter that are not defined in the GTU have the meaning specified in the following definitions:

ARTICLE 3 – Personal Data Protection

All information provided by the User to MPS when visiting the Website is strictly confidential.

3.1 3.1 Legal basis for the processing operations

In accordance with the Personal Data Regulation, the processing designated in this Charter is supported by a specific legal basis.

3.1.1 User’s consent

The legal basis for the processing carried out is, in particular, the consent of the User (e.g. to process his/her requests).

3.1.2 Processing necessary for the performance of the User’s contractual relationship with MPS

In order to use the Website and the Services, the User has accepted the GTU. This document formalizes a contractual relationship between the User and MPS and serves as the legal basis for the collection and processing of Personal Data by MPS.

This Personal Data is necessary for the performance of a number of processing operations related to the execution of the contractual relationship between MPS and the User, the purposes of which are detailed in article 3.3 hereof.

3.1.3 Processing necessary to comply with a legal obligation to which MPS is subject

The processing that MPS carries out may also be dictated by a legal obligation incumbent upon it.

3.1.4 Legitimate interest of MPS

The processing carried out by MPS may also be justified by the legitimate interest of MPS, for example the protection of the Website.

3.2 Nature and duration of storage of the Personal Data collected

Consultation of the Website by the User does not require registration or prior identification.

Nevertheless, MPS may collect the Personal Data that the User voluntarily declares from a collection form on the Website, in particular when :

• The request for quotation ;
• The request to be called back ;
• The online conversation with “MaPergolaSolaire” ;
• The request to contact “MaPergolaSolaire” ; and
• All other commercial and/or technical requests.

This Personal Data includes in particular data such as: surname, first name, address, telephone number, e-mail of the User, name of the User’s company, date and time of the request filled in by the User on the Website.

Unless otherwise specified on the Website, they are kept by MPS for a maximum of three (3) years from the last activity of the User on the Website.

In addition, and subject to the User’s consent, which can also be expressed through the setting of his/her Terminal, MPS may also collect and process all or part of the following Personal Data :

• Information on the User’s browsing and behaviour on the Website, such as the duration of the User’s visit to the Website, the frequency of consultation of the pages viewed, the terms searched for, or information on the User’s Terminal and its operating system.

Statistics relating to the User’s behaviour on the Website are not kept for more than thirteen (13) months by MPS.

3.3 Purposes of the Personal Data collected

The collection of Personal Data by MPS is necessary to enable :

• Access to, use of and improvement of the Services offered by the Website to the User ;
• The production of business statistics by MPS.

More specifically, the Personal Data collected via Cookies that may be deposited on the Website under the conditions of article 5 [About the Cookies] hereafter, allow MPS to establish statistics and volumes of frequentation and use of the various elements composing the Website leading to the improvement of the interest and the ergonomics of its Services.

3.4 Communicating Personal Data to third parties

The User’s Personal Data is treated with the utmost confidentiality. It will never be passed on to any third party who may use it for their own purposes and in particular for commercial purposes and/or direct advertising without the express consent of the User, or unless this is necessary for the execution of a contract concluded between MPS and the User.

They may, however, be shared with the legally authorised administrative and judicial authorities.

MPS may also publish, disclose and use Aggregate Information (information about Users or specific groups or categories of Users combined in such a way that an individual User cannot be identified or referred to) and Non-Personal Information for industry and market analysis, demographic profiling, promotional and advertising purposes, and other business purposes.

Finally, MPS may transfer temporarily and securely to commercial partners, such as installers and dealers of MPS products, certain Personal Data which are necessary in particular for the establishment of quotations at the request of the User.

ARTICLE 4 – User’s rights

In accordance with the Personal Data Regulation, the User has the following rights:

• Access rights (1)
• Right of rectification (2)
• Right to erasure (3)
• Right to restrict processing (4)
• Right to portability of Personal Data (5)
• Opposition right (6)
• Right to organize the fate of one’s Personal Data after death (7).

To exercise the rights mentioned above, the User may send a request to MPS :

• By e-mail to : marketing@mapergolasolaire.com
• By post to the following address (with a copy of your identity card if you wish to exercise your rights):

MA PERGOLA SOLAIRE

VILLAGE ZERO 207 rue Francis de Pressensé 69100 Villeurbanne – FRANCE

To the attention of: Magali CHARUEL

MPS will respond to the User within one (1) month of receiving the User’s request. This period may be extended by two (2) months by MPS who will inform the User, due to the complexity and number of requests.

4.1 Access rights

In accordance with the provisions of Article 15 of the GDPR, the User has the right to obtain from MPS confirmation as to whether or not Personal Data concerning him/her are being processed and, where they are, access to said Personal Data as well as the following information :

1. a) the purposes of the processing ;
2. b) the categories of Personal Data concerned ;
3. c) the recipients or categories of recipients to whom the Personal Data have been or will be disclosed, in particular recipients who are established in third countries or international organisations ;
4. d) where possible, the intended period of retention of Personal Data or, where this is not possible, the criteria used to determine this period ;
5. e) the existence of the right to request from MPS the rectification or deletion of Personal Data, or a limitation of the processing of Personal Data relating to the User, or the right to object to such processing ;
6. f) the right to lodge a complaint with the CNIL ;
7. g) where Personal Data is not collected from the User, any available information as to its source ;
8. h) the existence of automated decision-making, including profiling, as referred to in Article 22 (1) and (4) of the GDPR, and, at least in such cases, relevant information about the underlying logic, as well as the significance and intended consequences of such processing for the User.

4.2 Right of rectification

In accordance with the provisions of Article 16 of the GDPR, the User has the right to obtain from MPS, as soon as possible, the rectification of Personal Data concerning him/her that are inaccurate. Given the purposes of the processing, the User has the right to have incomplete Personal Data completed, including by providing an additional declaration.

4.3 Right to erasure (right to be forgotten)

In accordance with Article 17 of the GDPR, the User has the right to obtain from MPS the erasure, as soon as possible, of Personal Data relating to him or her and MPS has an obligation to erase such Personal Data as soon as possible, where any of the following grounds apply :

1. a) the Personal Data is no longer necessary for the purposes for which it was collected or otherwise processed ;
2. b) the User withdraws the consent on which the processing is based and there is no other legal basis for the processing ;
3. c) the User objects to the processing and there is no compelling legitimate reason for the processing ;
4. d) the Personal Data has been unlawfully processed ;
5. e) Personal Data must be deleted to comply with a legal obligation under EU law or the law of the Member State to which MPS is subject.

4.4 Right to limit the processing

4.4.1 In accordance with Article 18 of the GDPR, the User has the right to obtain from MPS the restriction of processing where any of the following apply :

1. a) the accuracy of the Personal Data is disputed by the User, for a period of time allowing MPS to verify the accuracy of the Personal Data ;
2. b) the processing is unlawful and the User objects to their deletion and demands instead that their use be restricted ;
3. c) MPS no longer needs the Personal Data for the purposes of processing but it is still necessary for the User for the establishment, exercise or defence of legal claims ;
4. d) the User has objected to the processing pursuant to Article 21(1) of the GDPR (right to object), during the verification of whether the legitimate grounds pursued by MPS prevail over those of the User.

4.4.2 Where processing has been restricted in accordance with Article 4.4.1 hereof, such Personal Data may, with the exception of storage, only be processed with the consent of the User, or for the establishment, exercise or defence of legal claims, or for the protection of the rights of another natural or legal person, or on important Union or Member State public interest grounds.

4.4.3 The User who has obtained the limitation of processing under Article 4.4.1 of the Charter shall be informed by MPS before the limitation of processing is lifted.

4.5 Right to portability of Personal Data

4.5.1 In accordance with Article 20 of the GDPR, the User has the right to receive the Personal Data concerning him or her that he or she has provided to MPS, in a structured, commonly used and machine-readable format, and has the right to transmit such data to another controller without being hindered by the controller to whom the Personal Data has been communicated, where :

1. a) the processing is based on consent, or on a contract,
2. b) processing is carried out using automated processes.

4.5.2 When the User exercises his/her right to data portability pursuant to Article 4.5.1 hereof, he/she has the right to have the Personal Data transmitted directly by MPS to another controller, where technically possible.

4.5.3The exercise of the right referred to in Article 4.5.1 hereof is without prejudice to Article 17 of the GDPR (right to be forgotten). This right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

4.6 Right to object

4.6.1 In accordance with the provisions of Article 21 of the GDPR, the User has the right to object at any time, on grounds relating to his or her particular situation, to the processing of his or her Personal Data based on the legitimate interest of MPS, including profiling based on these provisions. MPS shall no longer process Personal Data unless MPS demonstrates compelling legitimate grounds for the processing which override the interests and rights and freedoms of the User, or for the establishment, exercise or defence of legal claims.

4.6.2 Where Personal Data is processed for prospection purposes, the User has the right to object at any time to the processing of his or her Personal Data for such prospection purposes, including profiling in so far as it is linked to such prospection.

4.6.3 When the User objects to the processing for prospection purposes, the Personal Data are no longer processed for these purposes.

4.7 Right to organize the fate of one’s Personal Data after death

In accordance with the provisions of Article 40-1 of the French Data Protection Act, the User may define directives relating to the conservation, deletion and communication of his Personal Data after his death. These guidelines are general or specific.

The general guidelines concern all Personal Data relating to the User and may be registered with a trusted digital third party certified by the CNIL.

The particular guidelines concern the processing of Personal Data referred to in these guidelines. They are registered with the relevant data controllers. They are subject to the specific consent of the User and cannot result from the User’s mere approval of the GTU.

In the absence of instructions given during the User’s lifetime, the heirs may exercise the rights mentioned in this section after his death to the extent necessary :

• The right of access, if it is necessary for the settlement of the deceased’s estate ;
• The right to object to the processing of your Personal Data.

ARTICLE 5 – About Cookies

MPS uses different types of Cookies to improve the quality of the Content of the Website and its Services as described below.

By using the Website, after having accepted the notice relating to Cookies which is displayed via a “banner-cookie” on the first visit, the User accepts that Cookies are installed on his/her Terminal in accordance with the terms and conditions of this Charter.

In accordance with the recommendations of the CNIL, the life span of Cookies is thirteen (13) months maximum after their first deposit in the User’s Terminal, as is the validity of the User’s consent to the use of Cookies.

The User’s consent will therefore have to be renewed at the end of this period.

5.1 Cookies likely to be deposited on the User’s Terminal

5.1.1 Analytics cookies

The Website includes Cookies that allow analysis of the User’s behaviour, which are called « Analysis Cookies». These Analytics Cookies collect and store the following data :

• Frequency of consultation of pages viewed,
• Search terms,
• Use of the Website’s functions,
• Duration of the visit on the Website.

Analysis Cookies are used to improve and optimise the quality of the content of the Website, and to verify and improve the scope and access to the Services. To analyse user behaviour for the above purposes, MPS uses Google Analytics software.

Google Analytics is a web analytics service provided by Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94034, USA (« Google »). Google Analytics uses cookies to analyse the use of the website by its users. The information generated by the cookie about your use of the website is generally transmitted to and stored by Google on servers in the United States. If IP anonymisation is activated on this website, the user’s IP address will first be abbreviated by Google within the member states of the European Union and in the other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address first be transmitted to a Google server in the USA and abbreviated there.

Google will use this information for the purpose of evaluating the use of the website, compiling reports on website activity for MPS and providing other services relating to website usage for MPS. The IP address transmitted by the user’s browser within the framework of Google Analytics will not be combined with other Google data.

The User may disable the storage of Cookies by selecting the appropriate browser settings. However, such deactivation may prevent the use of certain features of the Website.

The User also has the possibility to prevent the use and the deposit of this Cookie on his Terminal by going to : http://tools.google.com/dlpage/gaoptout?hl=fr

Further information on Google Analytics and privacy can be found on : http://tools.google.com/dlpage/gaoptout?hl=fr and https://support.google.com/analytics/answer/6004245?hl=fr

5.1.2 Other Cookies

5.2 Managing and Deactivating Cookies

The User has the possibility to configure his browser by modifying the settings to reject Cookies. However, the complete rejection of Cookies may prevent the user from taking full advantage of the features of the Website.

MPS declines all responsibility for the consequences of any malfunctioning of the Website resulting from the impossibility for MPS to record or consult the Cookies necessary for the operation of its Services and which the User has refused or deleted.

The User can configure his browser to deactivate the deposit of Cookies as follows :

• with the browser « Google Chrome™» : https://support.google.com/chrome/answer/95647?hl=fr
• with the browser « Internet Explorer™» : https://support.microsoft.com/fr-fr/help/17442/windows-internet-explorer-delete-manage-cookies
• with the browser « Mozilla Firefox™» : https://support.mozilla.org/fr/kb/activer-desactiver-cookies-preferences
• with the browser « Safari™» : https://support.apple.com/fr-fr/guide/safari/sfri11471/mac
• with the browser « Android™» : https://support.google.com/accounts/answer/61416?co=GENIE.Platform%3DAndroid&hl=fr&oco=0

ARTICLE 6 – Security and information

MPS undertakes to implement all appropriate technical and organisational measures in order to guarantee a level of security appropriate to the risks of accidental, unauthorised or illegal access, disclosure, alteration, loss or destruction of Personal Data concerning the User.

The computers and servers on which MPS stores Personal Data are kept in a secure environment.

In the event that MPS becomes aware of unlawful access to a User’s Personal Data stored on its servers, or unauthorised access that results in the risks identified above, MPS will:

• Notify the User of the incident as soon as possible ;
• Examine the causes of the incident and inform them ;
• Take all necessary measures, within reasonable limits, to mitigate the negative effects and damages that may result from the said incident.

Last update of the Charter on 05/07/22.