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BERGERAT MONNOYEUR SERVICES, whose registered office is located at 117 rue Charles Michels BP - 93208 Saint-Denis Cedex 01 (hereinafter "Company” or "We"), acting as data controller, kindly requests you to read the terms of processing (i.e. collection, use and sharing) of your personal data, through this website (hereinafter the “Site”) and the use of associated services for example, the on-line reservation platform , promotional offers, chat, etc. (hereinafter referred to as the “Services”), in accordance with the applicable laws and regulations on the protection of personal data, in particular: (i) Law No. 78-17 of 6 January 1978 on data processing, data files and individual liberties and Law No. 2018-493 of 20 June 2018 on the protection of personal data; (ii) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation, hereinafter the "GDPR”), which entered into force on 25 May 2018; and (iii) any other act normative, decree, regulation or provision that may be enacted by a competent national or European personal data protection authority - hereinafter collectively referred to as the “Applicable Regulations”.
The Company is a member of the MONNOYEUR GROUP, a French group whose holding company is located at 117, rue Charles Michels - 93200 Saint-Denis, France.
1. What is the scope of this Policy ?
The Company is responsible for processing personal data (i.e., any information relating to an identified or identifiable person, referred to as a “Data Subject"” concerning you, processed through the Site and for the use of the Services, under the conditions set out in this Personal Data Protection Policy (“Personal Data Policy)”
This Personal Data Policy, together with the Cookies Policy, available here concern all users, including those who use the Site and the Services without being registered or subscribed to a specific service (hereinafter collectively the "Users”).
2. What types of personal data do we collect?
The Company collects (1) the data that you have voluntarily shared with the Company and (2) the navigation data linked to access and use of the Site and the Services. In particular, the Company collects the following information :
- Data that you voluntarily share with the Company: the E ntreprise may collect your personal data (e.g., first name,surname, email, address, telephone number, etc.) when you submit a request viaan on-line form on the Site or when you use our Services.
- Browsing data: when you access and use the Site or the Services, the Company may collect information concerning these visits. For example, in order to establish your connection to the Site or the Services, our servers receive and record information about your computer, device and browser, which may in particular include the IP address, browser type and other information relating to computer software or hardware. If you access the Site or the Services from a mobile phone or other device, the Company may collect the device’s unique identifier, geolocation data and other identification data concerning this device. Information may also be collected via cookies and other tracking technologies (such as browsing cookies, re-targeting, audience measurement, web beacons, Adobe Flash technologies, etc.). These technologies may also be used to collect and store information about your use of the Site or Services, such as the pages you have visited, the on-line content you have viewed, the internet searches you have performed and the advertisements you have seen. For more information, please consult our policy on Cookies.
- Third-party services The Services may be associated with websites published by third-party companies that are not affiliated to the Group, and may in particular include advertising, offer on-line content, and offer functionalities, games, newsletters, competitions or sweepstakes, or applications developed by third-party companies. The Company declines all responsibility for the Personal Data protection practices implemented by these third-party companies. Once you leave the Services/or the Site or click on an advertisement, it is your responsibility to check the personal data protection policy applicable to that other service.
3. For what purposes do we collect your personal data?
We process data :
a) To enable you to use the Site and Services;
b) To evaluate and improve our Services and related functionalities;
c) To improve your experience of using the Site and Services;
d) To provide you with customer support and respond to your requests for information;
e) To meet the Company’s interests; in certain cases, the Company may disclose your personal data, in particular where the Company considers in good faith that such data processing is necessary in order to: (i) to protect, exercise or defend the rights, privacy, safety or property of the Company or those of its employees, agents and service providers (including the performance of our contracts and general terms of use); (ii) to protect the safety, privacy and security of users of the Site, the Services or the public; (iii) to protect against fraud or for risk management purposes;
f) To comply with legal obligations (including obligations relating to the provision of Services and consumer information), or to respond to requests from public and government authorities;
g) To carry out a contract for the supply of goods and/or services;
h) Subject to your consent, to carry out commercial prospecting operations and to share your personal data with our trusted commercial partners, including other MONNOYEUR Group entities, to enable them to send you commercial messages.
4. On what legal basis do we process your data?
- The processing purposes set out in section 3(a) to section 3(e) and section 3(g) of this Personal Data Policy are in principle based on the legitimate interests of the Data Controller for the purposes of operating the Site, responding to Users’ requests and providing the Services.
By way of exception : if you connect to a personal account/customer area on the Site as part of a service contract with the Company, the processing of data from this personal account is based on the contract between you and the Company.
- The purpose of the processing presented in section 3(f) of this Personal Data Policy is based on compliance with applicable legal and regulatory obligations;
- The purposes of processing set out in section 3(h) of this Personal Data Policy are carried out on the basis of your consent where required.
5. How long will your data be kept?
The Company retains your personal data for as long as is necessary for the purposes described in section 3 above.
Your personal data will be kept:
- For the duration strictly necessary for the use of the Site, the Services or for the needs of the Company, and for a maximum of 3 years from their collection in the absence of the conclusion of a contract with the Company;
- In the event of the conclusion of a contract or an order, within the framework of the Services or otherwise, for the entire period of the contractual relationship, then kept in intermediate archives for a period corresponding to the guarantee period, if any, plus the applicable legal limitation period (5 years in most cases);
- In the event that the Company is required to fulfil a legal obligation, your data will be processed for as long as is necessary for the fulfilment of this obligation and as provided for by law;
- For commercial prospecting operations, 3 years from your last contact with the Company;
- Until you withdraw your consent, if the processing is based on your prior consent;
- For a period of 25 months from their implantation/creation in the case of cookies.
6. How do we process your data?
Data is processed both manually and electronically, and is protected by appropriate security measures. In this respect, although the Company uses appropriate administrative, technical and organisational measures to protect personal data against theft, loss, unauthorised use, disclosure or modification, it cannot guarantee that it is able to protect itself against all existing IT risks.
7. Who has access to your data?
For the purposes set out in section 3 of this Personal Data Policy, your data will be communicated internally within the Company, to the Sales and Marketing Department. The Company may also communicate your personal data to the following recipients:
- Other MONNOYEUR Group entities, in particular its parent company BERGERAT MONNOYEUR and its subsidiaries;
- Third-party service providers, subcontractors (i.e., IT service providers, service providers linked to the Services - by way of illustration, and without this list being exhaustive, experts, consultants and lawyers, companies involved in potential mergers, de-mergers or other transformations, financial institutions, transport and logistics service providers);
- Competent national authorities: in order to comply with the law in force and also to any administrative or judicial authority which may request it or which may need access to it in the context of a possible control or dispute.
- Trusted business partners : subject to your consent.
8. Will your personal data be sent abroad?
Your personal data may be transferred to other MONNOYEUR Group entities and to service providers acting on their behalf who are located in France and/or within the European Union.
In the event that your personal data is transferred to a country outside the EU, all appropriate guarantees will be taken, in particular on the basis of the standard contractual clauses adopted by the European Commission governing the transfer of personal data outside the EU.
9. Minors under the age of 15
The Website is not directed at and does not offer Services to individuals under the age of 15, and the Company does not knowingly collect personal data from individuals under the age of 15 or from minors in general.
10. Security measures
The Company implements all appropriate technical and organisational security measures to ensure a level of personal data security appropriate to the risk, and in particular to protect data against accidental or unlawful destruction, loss, damage, disclosure or unauthorised access.
The same level of protection is contractually imposed by the Company on all its subcontractors. Any employee of the Company who, in the course of his or her duties, may have access to your personal data undertakes to keep it strictly confidential.
11. What are your rights with regard to personal data?
In accordance with the Applicable Regulations, you have the right to access, rectify, delete, limit, port and object to the processing of your data, as well as the right to withdraw your consent at any time. You also have the option of sending us your instructions so that we can organise what happens to your data (storage, deletion, communication to a third party, etc.) in the event of your death. You can exercise these rights by writing to the following email address: dpo@monnoyeur.com
However, your objection may, in practice and depending on the case, have an impact or make it impossible to take into account your request for information, registration or use of the Services offered on the Site.
You also have the right to appeal to a supervisory authority such as the Commission Nationale de l’Informatique et des Libertés [National Commission for Information Technology and Liberties] (CNIL) in the event of a breach of the regulations applicable to the protection of personal data and in particular European Regulation No. 2016-679 General Data Protection Regulation (RGPD) in force since 25 May 2018.
12. Specific information on customer satisfaction surveys
As part of a satisfaction survey initiated by BERGERAT MONNOYEUR SERVICES, and implemented by BERGERAT MONNOYEUR SERVICES and its service provider IKANBI as well as by CATERPILLAR INC. and its service provider Research Data Analysis Inc. personal data relating to customers who have contracted a CATERPILLAR machine rental service may be used in the following conditions:
⦁ The purpose of processing your data is to conduct a satisfaction survey;
⦁ The legal basis for this processing is the legitimate interest (measuring the level of satisfaction of our customers following a machine rental contract);
⦁ The contact details of the data controller are: BERGERAT MONNOYEUR SERVICES, 117 RUE CHARLES MICHELS, 93200 SAINT-DENIS ;
⦁ The recipients of your data are our SALES DEPARTMENT, our IT DEPARTMENT, our manufacturer CATERPILLAR INC. and the data processors IKANBI and Research Data Analysis Inc;
⦁ Your data will be kept for 3 years after the end of our contractual relationship;
⦁ We inform you that your personal data may be transferred to a country outside the EU by our manufacturer CATERPILLAR INC. and its service provider, on the basis of the standard contractual clauses adopted by the European Commission governing the transfer of personal data outside the EU.
13. Changes and updates
We regularly update our Personal Data Policy and will publish any updates on the Site.
This Privacy Policy was last updated in March 2021.
14. Data Protection Officer
The Company has appointed a Data Protection Officer (DPO) who can be contacted for any question relating to the processing of your personal data and to exercise your rights.
DPO Groupe Monnoyeur
117, rue Charles Michels
BP 169 - 93 200 Saint - Denis Cedex 01
France
Email : dpo@monnoyeur.com
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