Data Protection

S.S.C TGD (hereinafter "we") is concerned about the protection of your personal data. We are committed to ensuring the best level of protection for your data in accordance with the Data Protection Act of January 6, 1978 and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of individuals with regard to the processing of Personal Data of a personal nature, General Data Protection Regulation (GDPR). By browsing our site, you declare that you accept our Privacy Policy. This Policy, coupled with our General Conditions of Use, thus formalizes the contractual relationship between the "S.S.C TGD" platform and its users. The term "Personal Data" hereinafter refers to any information relating to an identified or identifiable natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, identification number, location data, an online identifier. Thus, the data that we collect may include your strictly personal data, in that they allow us to identify you as a particular person. Conversely, some data does not allow us to identify you directly, such as your browsing data (the type of browser, Terminal and operating system, the path followed on the Site, etc.) but are all likewise considered as Personal Data because they are attached and / or traceable to the former.

The purpose of this Personal Data Protection Policy is to present the following terms to you:

Who collects your data?
What personal data is collected?
What are the associated data collection rules?
Why is the data collected?
How is your data protected?
What are your rights and how can you exercise them?

If you disagree with our terms, you can choose to no longer browse our site, or exercise your erasure rights.

We invite users of the "S.S.C TGD" platform to regularly refer to our Policy, which will change to adapt to legislative and regulatory changes to the GDPR as well as the Data Protection Act. For any information on the protection of personal data, you can also consult the website of the Commission Informatique et Libertés www.cnil.fr.

Who collects your data?

TGD SAS, a simplified joint-stock company with capital of 107,000€, registered with the Toulouse RCS under number 900 652 355 and whose head office is located at 10 bis Route d'Ax 31120 Portet sur Garonne, France, is updating available a platform under the name "S.S.C TGD" accessible from the websites it operates (www.TheGuitarDivision.com).

As part of the provision of its services in relation to the Platform, TGD S.A.S. is required to collect and process Personal Data concerning users, in order to enable it to manage the contractual relationship. In this context, TGD SAS is required to set up data processing, in compliance with the GDPR, the purposes of which are the management of customers (including the management of contractual relations, orders, delivery, invoices, accounting, monitoring of the contractual relationship), and more generally the management of operations allowing it to communicate with users, or the provision of functionalities necessary for navigation on our sites.

What data is affected?

The data collected on the S.S.C TGD platform is divided into 2 main families:

The data entered directly by you, when creating your account or when interacting with our customer service, or modifying your profile
The data that we collect automatically as a result of your actions on the site:

- Data entered by the user,

- Data filled in automatically.

The mandatory or optional nature of the data is indicated to you at the time of collection: title, surname, first name, delivery address, billing address, email address, password, date of birth and digital majority (over 16 years), RIB, phone number, company.

In addition, contacts with after-sales service are also collected. Certain data is collected automatically as a result of your actions on the site: navigation data, order history, preferences and interests, products viewed, products added to the basket, delivery incidents, complaints, conversations with an advisor. We carry out We also measure audience: for example, we measure the number of page views, the number of visits to the site, as well as the activity of visitors to the site and their frequency of return. Finally, we collect data using cookies. We have dedicated a page to our cookies policy, allowing you to indicate your preferences. Certain personal data (namely title, surname, first name, delivery address, billing address if different, email address, password, date of birth to justify the digital majority (over 16 years), telephone number and for payment needs your bank details either by our payment provider Stripe or by the consumer credit institution Oney in the event of payment in several installments, must be collected so that you can benefit from our services. are not completed, you cannot purchase products on S.S.C TGD platform.

Bank data

For payment purposes, bank details are collected and stored by our PCI-DSS certified payment provider Stripe. This standard is an international security standard whose objectives are to ensure the confidentiality and integrity of cardholder data, and thus secure the protection of card and transaction data.

Stripe encrypts the data and keeps it only for technical purposes (for example: for a recurring payment requested by the consumer at the time of purchase such as insurance, or the reimbursement of a purchase, in the event of a fraudulent behavior) for a period of 3 years. Encrypted payment data is stored in secure data centers in Europe.

"Plug-ins" and social modules

Our site uses "plug-ins" or social modules. These include the small “like”, “share” buttons from third-party social networks such as Facebook or Instagram, which you can find on our sites and applications. They allow you to like and share information from our sites and applications with your friends on social networks. When you visit a page of our S.S.C TGD sites (web or mobile) containing plugs-in or social modules, a connection is established with the social network servers (Facebook, Instagram, etc.) which are then informed that you have accessed the page of S.S.C TGD visited, even if you do not have a Facebook or Instagram user account, and even if you are not logged in to your Facebook or Instagram account. For example: If you are connected to a social network while browsing the site www.TheGuitarDivision.fr, the social networks to which you are connected may mention your visit in your account on the social networks. If you use plug-ins (eg: like), your actions may be recorded and published on your social media accounts depending on the settings of your social media account. If you do not want social media to post your plug-in actions in your social media accounts, you should log out of your social media before visiting our site.

Facebook Connect

The Facebook Connect function allows you to connect to our sites with your Facebook account and find out what your friends have posted on the web. When you connect to our sites with your Facebook account, S.S.C TGD may access certain information that you have provided on Facebook in order to provide you with a personalized and social experience. You will be asked for permission to access your profile data and share your activities with Facebook. Additional information to that already present in your Facebook account may be requested by S.S.C TGD for the purposes of managing your orders and our commercial relationship. This additional information is not transmitted to Facebook without your express permission. Access by S.S.C TGD to Facebook data and the use made of it is limited, in particular S.S.C TGD only uses the data strictly necessary to operate the applications you use. For each application, you are informed of the data used and how it is used, displayed, shared or transferred. If you log into www.theguitardivision.com using your Facebook credentials and your Facebook friends also log into www.theguitardivision.com or another of our sites, they will know you have a S.S.C TGD account, unless you have chosen not to be visible to your friends on other sites. Users who connect to our sites via Facebook Connect can only see the information you added through Facebook if they have access to that information on Facebook. You can decide what type of information your friends can access by setting up your account in the Applications section of the Facebook site. For more information on your rights and your options for protecting your privacy, we invite you to consult the Facebook privacy policies (https://www.facebook.com/about/privacy/) and the tools in place by Facebook to control your data https://about.fb.com/fr/news/2018/03/de-nouveaux-outils-pour-controler-vos-donnees-en-toute-simplicite-sur-facebook/.

What are the associated rules regarding the collection and retention of data?

Collection date

We collect the information you provide us with, in particular when:

you create your customer account "My account"
you place an order on our sites
you browse our sites and consult products
you participate in a game or a competition
you contact our Customer Service
you write a review
you contact an advisor
you create a product availability alert or for the recovery of your devices

Data retention time

Your Personal Data concerning your account, as well as those concerning your browsing and / or your behavior on the site are kept for a period of 3 years from your last activity on the site or on an electronic communication medium S.S.C TGD or 6 years after your last order unless otherwise provided by law. At the end of this period, your account is considered "inactive" and will be automatically deactivated. It will therefore be up to you to create a new one for any new order. However, at the end of these aforementioned deadlines, including as necessary from your request for deletion, your personal data may be subject to intermediate archiving in order to meet our legal, accounting and tax (such as the obligation to retain invoices for a period of 10 years as set out in Article L.123-22 of the Commercial Code) and / or at least during the applicable limitation period (such as the limitation period common law of 5 years enshrined in article 2224 of the Civil Code).

Who has access to your data?

The data collected on https://theguitardivision.com/fr/ are intended exclusively for the S.S.C TGD group. Under no circumstances will S.S.C TGD transmit your personal data to third parties for other purposes such as commercial and / or promotional without your consent. Personal data may be transmitted to companies - subcontractors - to which S.S.C TGD uses in the context of the execution of services and orders, including management, execution, processing and payment.

Sellers

The data necessary for the delivery of your order (company, email address, title, name, first name, delivery address, telephone number) are communicated to the Sellers for the respective orders.

Customer support

The UPS package tracking solution which allows you to retrieve information on the delivery status,
For payment in installments, Oney's customer service replaces TheGuitarDivision to answer questions about the customer's credit (due dates, calculation of monthly payments, modification of the registered bank card, etc.).

Payment & Fraud

We are supported by a partner specializing in payment and the fight against Fraud named Stripe. The data collected is not communicated to third parties, and as a business partner, Stripe obeys strict rules in terms of information obligation, respect for privacy, right of revocation and arbitration of disputes

Transfer and hosting of your data

The servers containing the data collected by S.S.C TGD are hosted in Europe. You are informed that data concerning you may be transmitted by S.S.C TGD for the purposes of the purposes defined in these conditions to companies located in countries outside the European Union. Prior to the transfer outside the European Union, S.S.C TGD will implement any procedure required to obtain the guarantees necessary to secure such transfers (specific clauses, anonymization of data).

Transfers outside the European Union can be made in particular within the framework of our following activities: S.S.C TGD customer service (internal communication tools), IT services on S.S.C TGD systems, and use of data in connection with social networks (see below). For transfers to these service providers, we made sure that they complied with the Personal Data Protection Regulations.

To which purposes are your personal data collected?

Manage your orders

The information and data concerning you are necessary for the management of your order, namely each acquisition of goods by a customer on our Sites under the conditions provided for in the T & Cs supplemented, where applicable, by special conditions. This information may also be kept for the purposes of proof in compliance with legal and regulatory obligations (payment, guarantee, litigation, etc.).

Fight against fraud

In order to secure payments and deliveries and thus ensure an optimal quality of service, the personal data collected on the site is also processed by Stripe to determine the level of risk of fraud associated with each order and, if necessary, to help to modulate the conditions of execution thereof. For this analysis, Stripe uses a proprietary solution. S.S.C TGD may, depending on the results of the control carried out on the orders, take security measures, in particular verification by code received on the telephone (3D secure) or request for additional supporting documents. These measures will have the effect of suspending the execution of the order or, if the result of the analysis does not guarantee the security of the order, of canceling it. The occurrence of an incident (unpaid due to fraudulent use of a means of payment, delivery fraud, etc.) will result in the entry of data relating to the order in THE alert file. GUITAR DIVISION, which may, during future orders, lead S.S.C TGD to carry out additional checks.

At any time during the risk analysis conducted by S.S.C TGD, you will be able to present your observations. In addition, in accordance with the GDPR, you have the rights of access, rectification, deletion and opposition. In accordance with the regulations in force, your request must be signed and accompanied by a photocopy of an identity document bearing your signature and specify the address to which the response must be sent. To exercise your rights with regard to the fight against fraud, all you need to do is contact:

From S.S.C TGD: electronically at legal@theguitardivision.com or by mail to S.S.C TGD, Legal Department / Personal Data Manager, 10Bis Route d'Ax, 31120 Portet sur Garonne, France, indicating your name, first name , e-mail address and if possible your customer reference.

Personalization of advertisements on S.S.C TGD sites and social networks

The information you receive from S.S.C TGD may be personalized according to the data that S.S.C TGD collects on its sites (declarative and navigation data), or in connection with social networks. We invite you to consult the personal data protection policies of social networks in order to be aware of the information that is collected by social networks and that may be transmitted to S.S.C TGD.

Due to your use of S.S.C TGD services (sites) or your affiliation to a page of S.S.C TGD social networks, S.S.C TGD may receive information about you, in particular your profile audience and your areas of interest communicated on social networks, or other data that you have authorized S.S.C TGD to process by browsing its sites or by continuing to benefit from the services offered by the platform (see paragraph above concerning data collected). S.S.C TGD advertisements linked to your profile and to the information you publish or share (your areas of interest) may be displayed on your social network pages. If you do not want social networks or third parties including S.S.C TGD to collect or use information based on your profile or your activity on websites, devices or applications outside of social networks for the purposes of serving advertisements, you must refer to the conditions of social networks in order to know how to configure, unsubscribe or control of the distribution of advertisements. You can also refuse using the settings of the applications or your mobile device, and directly on social networks.

Cookies and advertising targeting

Our site is designed to be particularly attentive to the needs and expectations of our customers. This is one of the reasons why we use cookies or similar tracking technologies in order to identify you and personalize our services and advertisements, in particular to access your account, manage your shopping cart, memorize your consultations and personalize the information. The offers we offer and the information we send you. Cookies allow you in particular to benefit from our personalized advice and to be informed of our promotional offers. You can choose to deactivate cookies at any time. To find out more and find out how to refuse cookies: click here. We use your data to better understand the profiles of our customers and thus to better target our efforts in our advertising campaigns.

Your rights

What are your rights?

Your rights under the Data Protection Act

In accordance with the Data Protection Act of January 6, 1978 amended by the law of August 6, 2004, you have the rights set out below with regard to your personal data. All you need to do is write to us online at legal@theguitardivision.com or by mail to S.S.C TGD, Legal Department / Data Manager Personal, 10 Bis Route d´Ax, 31120 PORTET sur GARONNE, France by indicating your name, first name, e-mail address and if possible your customer reference. In accordance with the regulations in force, your request must be signed and accompanied by the photocopy of an identity document bearing your signature and specify the address to which the reply should be sent. A response will then be sent to you within 1 month of receipt of the request. If necessary, this period can be extended by two months, given the complexity and number of requests. The controller will notify the data subject of this extension and the reasons for the postponement within one month of receipt of the request.

In accordance in particular with the Regulations on Personal Data, you benefit from the following Specific Rights:

Access (article 15 of the GDPR),
Rectification (article 16 of the GDPR),
Erasure (article 17 of the GDPR),
Limitation of Processing (article 18 of the GDPR),
Portability (article 20 of the GDPR),
Opposition to processing and profiling (articles 21 and 22 of the GDPR),
Post-mortem directives (Law n ° 78-17 of 6 January 1978 relating to computing, files and freedoms).

Access rights

You have the possibility to obtain from S.S.C TGD confirmation that the Data concerning you are or are not processed and, when they are, access to said Data as well as the following information:

the purposes of the processing;
the categories of Data;
the recipients or categories of recipients to whom the Data have been or will be communicated;
when possible, the planned retention period of the Data or, when this is not possible, the criteria used to determine this period;
the existence of the right to ask S.S.C TGD to rectify or erase Data, or to limit the processing of your Data, or the right to object to this processing;
the right to lodge a complaint with the CNIL;
when the Data is not collected from you, any information available as to its source;
the existence of automated decision-making, including profiling, and, at least in such cases, useful information regarding the underlying logic, as well as the importance and intended consequences of this processing for you.

When the Data is transferred to a third country or to an international organization, you have the right to be informed of the appropriate guarantees, with regard to this transfer.

S.S.C TGD provides a copy of the Data being processed. S.S.C TGD may require payment of a reasonable fee based on administrative costs for any additional copy requested by the Visitor.

When you submit your request electronically, the information is provided in a commonly used electronic form, unless the visitor requests otherwise.

Your right to obtain a copy of your Data must not infringe the rights and freedoms of others.

Right of rectification

You have the possibility to obtain from S.S.C TGD, as soon as possible, the rectification of Data concerning you which are inaccurate. You also have the option of having incomplete Data completed, including by providing an additional statement.

Erasure rights

You have the option of obtaining from S.S.C TGD the erasure, as soon as possible, of Data concerning you when one of the following reasons applies:

The Data are no longer necessary for the purposes for which they were collected or otherwise processed by S.S.C TGD;
You have withdrawn your consent for the processing of these Data and there is no other legal basis for processing;
You exercise your right to object under the conditions set out below and there is no overriding legitimate reason for the processing;
The Data has been subject to unlawful processing;
The Data must be erased to comply with a legal obligation;
The Data was collected from a child.

Limitation rights

You have the possibility to obtain from S.S.C TGD the limitation of the processing of your Data when one of the following reasons applies:

S.S.C TGD checks the accuracy of the Data following your challenge to the accuracy of the Data,
The processing is unlawful and you oppose the erasure of the Data and demand instead the limitation of their use;
S.S.C TGD no longer needs the Data for the purposes of processing, but you still need them for the establishment, exercise or defense of legal claims;
You have objected to processing under the conditions set out below and S.S.C TGD checks whether the legitimate reasons pursued prevail over your alleged reasons.

Data portability rights

You have the option of receiving Data concerning you from S.S.C TGD in a structured, commonly used and machine-readable format when:

Data processing is based on consent, or on a contract
and
Processing is carried out using automated processes.

When you exercise your right to portability, you have the right to have the Data sent directly by S.S.C TGD to a data controller that you designate when technically possible.

Your right to the portability of your Data must not infringe the rights and freedoms of others.

Rights to object to processing and profiling

You have the right to object at any time, for reasons relating to your particular situation, to the processing of Data concerning you based on the legitimate interest of S.S.C TGD. S.S.C TGD will then no longer process the Data, unless it demonstrates that there are legitimate and compelling reasons for the processing which prevail over your interests and rights and freedoms, or may retain them for the establishment, exercise or defense of legal claims.

When the Data is processed for prospecting purposes, you can object to the processing of this Data at any time.

Post-mortem guidelines

You have the option of providing us with instructions relating to the retention, erasure and communication of your Personal Data after your death, which instructions may also be registered with "a certified digital trusted third party". These directives, or a sort of “digital will”, may designate a person responsible for their execution; otherwise, your heirs will be appointed.

In the absence of any instructions, your heirs can contact S.S.C TGD in order to:

Access to Data processing allowing "the organization and settlement of the deceased's estate";
Receive communication of "digital goods" or "data resembling family memories, transmissible to heirs";
Have your visitor account closed on the Site and oppose the further processing of your Personal Data

In any case, you have the possibility to tell us, at any time, that you do not wish, in the event of death, for your Personal Data to be communicated to a third party.

For more information, you can refer to Article 40-1 of the Law on Computing, Files and Freedoms. https://www.cnil.fr/fr/loi-78-17-du-6-janvier-1978-modifiee#Article40-1

How to exercise your Specific Rights?

To exercise your Specific Rights for the attention of S.S.C TGD and / or, where applicable, to have this Policy read orally, you can choose to send your request:

By email by contacting our Data Protection Officer legal@theguitardivision.com,
By going to the Site, in the "My account" section, in selecting the desired item,
By post, addressing to our Data Protection Officer at the following address:

Legal Department / Personal Data Manager
S.S.C TGD
10 Bis Route d´Ax
31120 PORTET sur GARONNE, France

A response will be sent to you within one (1) month maximum following the date of receipt of your request.

If necessary, this period may be extended by two months by S.S.C TGD which will alert you, taking into account the complexity and / or the number of requests.

In the event of a request to delete your Data and / or in the event of to exercise your right to request the erasure of your Data, we may however keep them in the form of intermediate Archiving, for the time necessary to meet our legal, accounting and tax obligations and in particular, in order to prevent any illegal behavior after the deletion of your account (re-use of your old account by a third party), in accordance with Article II-3 of this Confidentiality and Privacy Policy.

It is specified as necessary that the request to delete your visitor account from the Site is not interpreted by S.S.C TGD as an express request to exercise your right of opposition, limitation or deletion for reasons legitimate. Your visitor account is therefore made inactive and the Data concerning you is subject to interim Archiving under the conditions and for the periods indicated above.

You can also choose the types of e-mails you wish to receive or not, by going to the "My communications" section. You will be able to unsubscribe, permanently or temporarily, from each category or set of e-mails. An unsubscribe link is also included in every e-mail that S.S.C TGD sends to you. You can also ask us at any time to no longer receive advertising or prospecting adapted to the browsing information of your Terminal, by contacting us directly and free of charge, or by means of the unsubscribe link included in any prospecting that we may be able to send you by email. Where applicable, the advertisements that you may continue to receive, unless you object to your action with us, will no longer be suitable for browsing your Terminal.

You can, at any time, file a complaint with the competent supervisory authority (in France, the CNIL: http://www.cnil.fr)

How is your data secured?

S.S.C TGD protects your personal data by putting in place technical and organizational measures to ensure the security of the processing of personal data and the confidentiality thereof.

As such, S.S.C TGD takes all necessary precautions, with regard to the nature of the data and the risks presented by the processing, in order to preserve the security of the data and, in particular, to prevent them from being distorted, damaged, or that unauthorized third parties have access to it: physical protection of the premises, authentication procedures with personal and secure access via confidential usernames and passwords, encryption of certain data, etc. We remind you, however, that you are responsible for the data concerning you that you transmit to S.S.C TGD and that, as such, you contribute to the protection of your personal data by complying with good practices in terms of the use of your personal data. IT tools. You are informed that without adequate security measures (examples: secure configuration of your web browser, update of anti-virus programs, firewall software, non-use of software from questionable sources, etc.) , you run the risk that the data and passwords you use to protect your data may be disclosed to unauthorized third parties.

Contacts and complaints

For any request, you can choose to send your request:

By email by contacting our Data Protection Officer legal@TheGuitarDivision.com,
By going to the Site, in the "My account" section, in selecting the desired item,
By post by writing to our Data Protection Officer at the following address:

Legal Department / Personal Data Manager
S.S.C TGD
10 Bis Route d´Ax, 31120 Portet sur Garonne, France

In the event of no response or if you are not satisfied with the response provided, you have the possibility to lodge a complaint with the competent protection and control authority of the Member State of the European Union where you usually reside.

For France CNIL: http://www.cnil.fr
For Spain AEPD: https://www.aepd.es
For Germany Datenschutz: http://www.datenschutz.de
For Belgium: http://www.privacycommission.be
For other countries: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm

Glossary

"Intermediate storage": personal data are no longer used to achieve the intended purpose but are still of administrative interest to S.A.S TGD or must be retained to meet a legal obligation. The data can then be consulted on an ad hoc and motivated basis by specifically authorized persons.

"Order": refers to each acquisition of goods and / or services made by a customer on the Site under the conditions provided for in the GTC supplemented, where applicable, by special conditions.

"Cookies": designate tracers and / or equivalent technologies, namely in particular cookie, "Flash" cookie, result of the footprint calculation of your Terminal called "fingerprinting", local web storage, invisible pixels, used alternatively or cumulatively to

i) facilitate the visitor's navigation (Navigation Cookies),
ii) offer products and services adapted to the centers of interests of the visitor (Advertising Cookies), iii) allow the development of statistics (Audience Cookies) and iv) allow the visitor to access personalized products and services on the Site or via messages sent by TheGuitarDivision.fr (Personalization Cookies) and allow interaction with Social Networks (Social Network Cookies), etc.

“Personal Data” or “Data”: designates any information relating to an identified or identifiable 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 elements specific to their physical, physiological, genetic, psychological, economic, cultural or social identity. Thus, the data that we collect may include your strictly personal data, in that they allow us to identify you as a particular person. Conversely, certain data does not allow us to identify you directly, such as your profession or your browsing data (the type of browser, Terminal and operating system, the path followed on the Site, etc.) but are still considered Personal Data because they are attached and / or traceable to the first.

“Third Party Data”: refers to the Data that we share, if applicable, with third parties.

"Specific Rights": designate the rights granted to the visitor by the Personal Data Regulations and in particular the rights of / to:

Access (article 15 of the GDPR),
Rectification (article 16 of the GDPR),
Erasure (article 17 of the GDPR),
Limitation of Processing (article 18 of the GDPR),
Portability (article 20 of the GDPR),
Opposition (articles 21 and 22 of the GDPR),
Post-mortem directives (Law n ° 78-17 of 6 January 1978 relating to IT, files and freedoms);

These Specific Rights and the means to exercise them are specified in paragraph 4.

Your rights

"Visitor (s)": refers to any Internet user who has provided Personal Data on the site's registration form, accepted the T & Cs, such as the Personal Data Policy, or having, after receiving a confirmation email, definitively validated his S.S.C TGD account.

"Partner (s)": designates (s) various service providers of S.S.C TGD whether for the processing of your Orders, the delivery of products, after-sales service, the provision of technological services, advertising, Social Networks (as defined below), etc., or even more specifically of our suppliers for the sale of products and / or services on the Site.

"Personal Data Regulations": together refers to the GDPR, Law 78-17 of 6 January 1978 relating to computers, files and freedoms, as amended and any new law, decrees issued for its application.

“GDPR”: refers to the General Data Protection Regulation n ° 2016/679 of April 27, 2016 applicable from May 25, 2018 or, instead, any law that may be adopted in transposition of said Regulation.

"Site (s)": refers to TheGuitarDivision.fr website published by S.S.C TGD in their web and mobile version, as well as the corresponding mobile applications.

"Terminal (s)": refers to the hardware equipment (computer, tablet, Smartphone, phone, etc.) that you use to consult or view the Site and / or any other digital medium published by a third party.