Terms and conditions of use

Our policy for the protection of your personal data allows us to establish a relationship of trust between you and our services, in order to offer you a positive experience, in a totally transparent manner.

Thanks to this policy, we will be able to take into account your requirements and comply with your expectations.
In order to respect your trust, SAS, we guarantee in a primordial way the respect of your personal data, as well as the confidentiality of our customers (hereafter "Your data").
For a perfect transparency towards you, in order to guarantee you a secure use of our website https://body-cute.com/ in all its available versions and related applications, we make available the way in which we treat Your Data, so that our services are always in accordance with the respect of your rights. In this way, we ensure the security as well as the confidentiality and non-alteration of your privacy and your data, through all our platforms. 
We and our policy guarantee that all necessary precautions are taken to protect all your data and against disclosure, loss or alteration. This is why we provide you with all the information you need to easily understand how we handle your data. This data will only be kept for the time necessary for the specified management and processing. You will of course be able to access and modify your data at any time, since they will be available on your personal areas of the site.
For these purposes, we will endeavour to take all necessary steps to comply with applicable data protection law.
Thus, the undersigned hereby undertakes by this policy for the protection of your personal data to comply with the essential principles of the general European regulation and French law on the protection of personal data, by making available to you information concerning the existence and modalities of the data processing applied here (paragraph 3), the rights you have in relation to your data, as well as by applying these rights ourselves (paragraphs 6 and 10). Any information on possible transfers to third countries or recipients is also made available, as well as the retention period of the data collected (paragraph 5) and the security measures (paragraph 9).

1. WHO ARE YOU?
When we refer to "you" in this Personal Data Protection Policy, it is simply because it is directly related to and concerns you as a SAS customer, if you have placed an order on the BodyCute site, a SAS customer, if you have created a customer account but have not ordered any products or services, or if you have browsed the site as a visitor without having created a customer account or placed an order.

2. WHO ARE WE?

The SAS, registered with the Marseille Trade, represented by the company BodyCute SAS, as Chairman and whose head office is located at France.
The SAS publishes the BodyCute Site and, as such, implements various processing operations on your Data in its capacity as data controller.

3. FOR WHAT PURPOSES DO WE PROCESS YOUR DATA?

3.1 When do we collect your personal data?
Your personal data may be collected if you visit the BodyCute Site using cookies, if you create a customer account on the Site, if you place an order for one of our products or services or if you accept to be a member of our newsletters (SMS, e-mails).

We use your personal data to make your navigation on the site more fluid and to offer you a more personalised experience. This enables us to process your orders as well as possible, to make payment available in several instalments, to avoid fraud, to make the necessary reimbursements, and to manage your customer reviews.

3.2. Your navigation on the BodyCute Site
In order to enable you to browse the site, we process your data with your consent as the legal basis for this.

3.3. The processing of your orders
In order to be able to deal with your orders and process them, we use your data.
We use it to manage mediation, customer relations (and those through social networks), our after-sales service and distance selling, our actions relating to marketing management and commercial prospecting for the BodyCute site, as well as for the management, delivery and transport of orders.
The execution of the contract between the two parties (you and us) is the legal basis for the processing of these data. 
The legal obligation of SAS is the legal basis for the processing, as far as the management of the product recall is concerned. Your consent or our legitimate interest are, as the case may be, the legal basis of the processing for marketing and commercial prospecting actions. Your consent is the legal basis for the implementation of the "flash" payment.

3.4. Payment in instalments
For orders that are subject to payment in installments and for certain customers, your data is processed in order to be able to offer you this type of payment. The application of the contract between the two parties is the legal basis for data processing. However, your consent remains the basis for the processing of your bank data. 

3.5. Customer notices
In order to be able to share your opinions with our customers and visitors as well as to allow you to leave your opinion on the site we use your data on the legal basis of your consent or legitimate interest. 

3.6. Collection of payments and fight against fraud
We use your data for the purpose of payment collection and fraud prevention.
This also enables us to guarantee the security of payments.
The application of this contract between the two parties as well as the legitimate interest of SAS, as the data controller, are the legal basis for this processing.

3.7. Management operations of the SAS's advertising sales department

SAS's advertising sales operations are managed using your data.
This will enable us to increase our customer and prospect data, to manage the maintenance and technical activities of prospects, commercial statistics and advertising campaign studies, to update the prospecting files of the organization in charge of managing telephone canvassing oppositions, solicitations, the implementation of our competitions and lotteries or any other operation for promotional purposes except online gambling and chance. 
The legal bases of the above-mentioned mentions are the consent of the user or the legitimate interest of SAS.

4. WHERE DOES YOUR DATA GO?
Your data is transmitted to several internal departments of the site.
They are not sent to third parties, except in the situations specified below: 
In order to be able to process your orders, your personal data may be transmitted to several service providers whose specialisations are banking transactions, customer relations, after-sales service, delivery, IT development, site management or the provision of guarantees or insurance. 
For the implementation of payment in x times, your data may be shared with service providers such as payment and transaction centres (banks...), or call centres for the management of business processes or customer experience, or, for customer notices, to a manager for the collection and processing of customer notices.
The advertising sales house is managed, thanks to your data, by customers of the advertising sales house and advertisers.

5. DATA RETENTION


The data collected by the company is kept only for the time and assistance necessary to set up and carry out the operations mentioned in paragraph 3 of our personal data policy.
We keep some of the data collected for a certain period of time:
In current archives for prospects, for 3 years from the last contact of the customer (they can therefore be consulted by the SAS services). We do not carry out intermediate archiving of this data (for data representing an administrative interest for certain services, such as for litigation, the retention periods are set by the applicable prescription rules). 
Concerning our orders, your data will be archived in the current archives for 5 years from the end of the use of the customer's orders, and in the intermediate archives for 5 years from the end of the retention in the current archives. The same applies to customers.
As far as bank data are concerned, they are archived in the current archive for the entire period of validity of the bank card (plus one day). There is no intermediate archiving for bank data.
Cookies and their use and timing are detailed in paragraph 7 of our policy.

6. EXERCISE OF YOUR RIGHTS

6.1. You are entitled to request access, modification and rectification of your Data.

6.2. You have the right to request the limitation of the processing of your Data.
Important clarification: to do so, you must challenge the accuracy of your Personal Data within the time period necessary for us to verify the accuracy of your Personal Data. Alternatively, if you believe that the use we make of your personal data is unlawful and you claim a limitation of their use and not their deletion. We no longer need to use your data for the purposes mentioned in paragraph 3, but your data is still useful for the establishment, exercise or defence of your legal rights, in the event that you decide to exercise your right to object during the time required for verification to determine whether the legitimate reasons we are pursuing prevail over yours. 

6.3. You are entitled to request the deletion of your Data.
If you demand the deletion of your personal data, SAS will still be able to keep them in an intermediate archive format for the time necessary to meet its legal, accounting and tax obligations.

6.4. You are entitled to claim the exercise of your right to object to processing exploited for the purposes of commercial prospecting.
In the event of canvassing by e-mail, you are entitled to request the modification or unsubscription of newsletters by clicking on the hypertext link "unsubscribe" available in all newsletters, or by browsing directly to the contact page of the site.
In case of prospecting by SMS, it is possible to unsubscribe by sending an SMS with the mention "STOP SMS" to 36007, or by browsing the site's contact page.

6.5. You are entitled to transmit post-mortem prerogatives concerning the storage, deletion and communication of your personal data.
In the absence of this type of prerogative, your successors and heirs have the possibility to communicate with SAS in order to have access to the uses of these data and to allow for the "organisation and settlement of the deceased's estate" and/or to close the account on the site and/or to request that the processing of personal data not be continued. 

You may also request that your data not be communicated to a third party in the event of your death.

6.6. You are entitled to claim your right to portability.

6.7. You are entitled to withdraw your consent to the processing operations based on this legal basis.
Important clarification : If you decide to revoke your consent, this will not affect the lawfulness of the uses made prior to your withdrawal of consent. 
6.8. You are entitled, when you wish, to bring a complaint before the competent supervisory authority (in France, the CNIL: www.cnil.fr).
In order to exercise your rights, please send your complaint (accompanied by your e-mail, surname, first name, copy of your identity document and postal address) to the company's data protection delegation by e-mail to body.cute.sav@gmail.com and/or by post to the company.
Within a maximum of one (1) month from the date of receipt of the complaint, we will send you a reply.

7. COOKIES

7.1. What is a cookie?
When you browse a website such as the SAS website, it can then, according to your choice, insert a text file on your receiver (computer, telephone or tablet), via your browser. 
This text file is called COOKIE. This cookie then enables the website, as well as, during the prescribed period of validity or registration of the cookie, to identify your receiver used when you make another visit.
Only the sender of a cookie is likely to read or modify the information contained in this cookie.

7.2. What are cookies used for on https://body-cute.com/?
We can classify different types of cookies by category. Some are issued directly by the SAS and its service providers, but some sometimes come from third party companies.

7.2.1. Cookies issued by SAS and its service providers
There are several categories of cookies that can be found on your transmitter when you browse our website:

7.2.1.1. Essential" cookies
In order to have access to our site, "essential" cookies are necessary, they are used for example to be able to place the order.
If they are not present, you may encounter problems browsing the site and be unable to place an order. 
The "essential" cookies also make it possible to follow your activity.
They may be inserted on your transmitter by SAS or its service providers.

7.2.1.2. Analytical and Personalisation" Cookies
Analytics and personalization cookies are not mandatory, they will allow us to facilitate your research, optimize your experience with us, we can through them better target your expectations and adapt our offers and maximize the organization of our site. 

7.2.1.3. Advertising" cookies
Advertising cookies are displayed in the advertising portion of our site. The interest for you is that your browsing time is better and optimized by presenting offers and advertisements relevant to you.
To do this, "advertising" cookies will target your expectations in real time and offer you advertising content adapted to your desires and interests at the time, through your recent browsing history on other sites.
This avoids presenting you with advertising content that is of no interest to you. At the same time, SAS prefers to see its offers and advertisements proposed to users who will be interested in them.
The advertising content offered may contain cookies issued by SAS or by its service providers, or by third parties through the association of a cookie with an advertiser's advertising content. 

7.2.2. Cookies issued by third party companies
Third parties using cookies on our site use their own privacy policies for this purpose. These cookies are not necessary for the use of our site.

7.2.3. Cookies issued by third party applications integrated into our site
As you browse our site, we may include third-party computer applications on our site to provide you with the ability to share content and/or your opinion from our site with others, for example when you click on the "share" or "like" buttons on social networks. 
These social networks can then use these buttons to identify you even if you have not used them while browsing the site. It is possible for them to do this if during your last navigation on the site you were connected or active on your sender to your social network at the same time. We have no control over the uses they make of the data they have at their disposal.
To learn more about the use of your data and advertising content, you can go to your social networks and consult their data protection policies. You should then be able to use these policies to manage your settings according to your preferences on the user accounts of each of the social networks on which you are registered.

To view the privacy policies of the above social networks, click on the social network of your choice : 
Facebook: https://fr-fr.facebook.com/privacy/explanation 
Twitter: https://twitter.com/fr/tos
Google +: https://policies.google.com/terms?hl=fr

Concerning our advertising agency, we remind you, as mentioned just before, that all our advertising spaces may contain cookies from third parties (advertiser at the origin of the advertisement presented, third party service providers of the advertiser...). 
With these cookies and during the prescribed period of validity of these cookies, they can propose advertisements in the places made available for third party advertisements, count the number of contents they propose in our spaces, know the audience of these advertisements and the number of clicks; thanks to this, they will be able to claim the sums due to them and establish their statistics. They may also know that your sender is the one who has previously visited another site containing one of their advertisements, and therefore be able to target you and personalise their content if necessary.

7.3. The options offered by your browser software (Internet Explorer, Firefox, Google Chrome, etc.).
Your browser software contains many options available to you that you can set according to your preferences. You can then decide whether or not to accept cookies on your transmitter.
However, if you choose to accept the saving of these cookies on your transmitter, then when you visit sites or content with cookies present, these will automatically be saved on your transmitter.
Depending on your preferences, you may choose to enable a reminder to ask you whether or not to accept or decline cookies before they are potentially stored, or you may choose to decline the storage of cookies on your issuer each time.
However, it is important to point out that the choices you make when making this setting may modify or alter your browsing on the Internet or on certain sites or services that require the use of cookies (such as ordering on our site for example).
In the event that you would prefer to refuse these cookies on your transmitter or erase those already saved, we decline all responsibility for the consequences of the alteration of the functioning of our services, which would result from the inability of our services to save or have access to the cookies that are used for their functioning.

7.3.1. How to choose your options depending on your browser?
You have different options and choices available depending on your browser. In order to have more, you can consult the help menu of your browser.

Internet Explorer™ : http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies 
Safari™: https://support.apple.com/kb/PH19214?locale=fr_FR&viewlocale=fr_FR

Chrome™ : http://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647

Firefox™ : http://support.mozilla.org/fr/kb/Activer%20et%20d%C3%A9sactiver%20les%20cookies 

Opera™: http://help.opera.com/Windows/10.20/fr/cookies.html 

8. TRANSFERS OUTSIDE THE EUROPEAN UNION


Most of the time, your data is stored within the European Union. 
However, when our service providers are located in countries outside the European Union, we share some of your data in third countries, such as with third countries where the European Commission has not carried out an assessment of the level of compliance.
In this case, we take the necessary steps to ensure that this data sharing is carried out in compliance with the relevant regulations and that your privacy and fundamental rights are protected (for example, through the use of contractual clauses of the European Commission).
The Data Protection Officer can, if you request it, give you more information about the data transfer.
9. SECURITY MEASURES
Thanks to the technical and organisational measures we take, we can guarantee a level of security that is in line with the risks to the rights and freedoms of natural persons with regard to the points mentioned in point 2. In doing so, we take into account the origin, scope, context, costs and state of the art, the purposes of the processing, as well as the identified risks.
In addition, we are up to date with the payment card industry security standard PCI DSS, which reflects our commitment to security.

10. PROFILING AND AUTOMATED DECISION MAKING


Due to the automated processing we use (e.g. profiling), you are subject to legal effects that affect you.

All of this is essential for the conclusion or performance of the contract between you and us.

This is how we can offer and carry out automated customer identification and "4 x payment". The basis of this operation is the analysis of different variables concerning the type of products, the services ordered, or the customer profile.


If the risk is evaluated with these statistics as being too high (fraud/non-payment), then this payment method will not be offered. 


However, if you wish, you can obtain human intervention although the decisions are automated, so you can give your opinion and/or oppose the automatic decision.


11. POLICY UPDATE AND REVISION


Our policy concerning personal data will be updated whenever necessary to always be in accordance with the regulations applicable to the protection of your data (every three (3) years at least).


On 20 June 2019.