GDPR: Data Protection

Effective as of 03/30/2021

We attach great importance to the protection of your data and do everything we can to protect it. You will find below our commitment to the protection of personal data as well as our Data Protection Policy.​


OUR COMMITMENT TO THE PROTECTION OF PERSONAL DATA


By placing your order or creating an account, you give your consent for Graine de Malice to collect, process and use Personal Data from your consultation of our site, your account and your order form. Some of this information may be transferred to companies involved in the delivery of your products.

You may obtain a copy of the Personal Data held by us about you by sending us a written request. If any of the Personal Data held by us about you is incorrect, it will be corrected upon your written request.

Graine de Malice (hereinafter "we") gives the highest priority to the protection of your Personal Data. We are committed to ensuring the best level of protection for your Personal Data in accordance with the General Data Protection Regulations (GDPR) which came into force on May 25, 2018. 

By browsing our site, you declare that you accept our Personal Data Protection Policy. This Policy, coupled with our General Conditions of Sale, thus formalizes the contractual relationship between Graine de Malice 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, an identification number, location data, an online identifier. Thus, the Personal Data that we collect may include your strictly personal data, in that it allows you to be identified as a particular person. Conversely, some data does not allow us to identify you directly, such as your browsing data (type of browser, terminal and operating system, path followed on the site, etc.) but are still considered as Personal Data because they are attached and/or attachable to the first. On the other hand, data relating to your company, such as generic identifiers, are not considered personal data. 

This Privacy Policy is intended to present to you the following terms:

• Who collects your Personal Data?
• On what legal basis are your data collected?
• What Personal Data is collected?
• What are the associated Personal Data collection rules?
• Who has access to your Personal Data?
• Why are Personal Data collected?
• How is your Personal Data protected?
• What are your rights?
• How to exercise your rights?

If you disagree with our terms, you can choose not to browse our site or exercise your rights to erasure.

We invite users of the Graine de Malice site to regularly refer to our Policy, which will evolve to adapt to legislative and regulatory changes to the GDPR as well as the law of June 13, 2005 relating to electronic communications, such as amended by the law of July 10, 2012. For all information on the protection of Personal Data, you can also consult the FPS Economy website https://economie.fgov.be/fr/declaration-de-confidentialite.  

WHO COLLECTS YOUR DATA​


La société Graine de Malice SRL dont le siège social est situé au 26 rue de l’Agasse à 5030 Gembloux avec numéro d’entreprise 0542.535.549, gère un site B2B de vente en ligne sous le nom « Graine de Malice » (www.graindedemalice.be).


As part of the provision of its services, Graine de Malice SRL is required to collect and process Personal Data concerning users, in order to enable it to manage the contractual relationship. In this context, Graine de malice SRL is required to set up a processing of Personal Data, 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.


ON WHAT LEGAL BASIS ARE YOUR DATA COLLECTED?


La base juridique pour le traitement des données que vous mettez à notre disposition dans le cadre de votre utilisation de grainedemalice.be ou d’appel à la garantie fournie sur nos produits est l’article 6, alinéa 1, lettre f du RGPD [Règlement général sur la protection des données]. Si le contact a pour objectif la conclusion d’un contrat, alors la base juridique supplémentaire pour le traitement est l’article 6, alinéa 1, lettre b du RGPD [Règlement général sur la protection des données].

 

WHAT ARE THE DATA CONCERNED?


Personal Data collected on the grainedemalice.be This Personal Data is divided into 2 main families:
• Personal Data directly provided by you, when creating your account or during interactions with our customer service, or when modifying your profile
• The Personal 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 numerical majority (over 16 years old), bank details, telephone number, company. Graine de Malice is not aimed at individuals acting in a private capacity, does not authorize access to persons under the age of 18 who are not emancipated, who cannot make a purchase. In addition, contacts with our Customer Service are also collected.

Certaines données sont collectées automatiquement du fait de vos actions sur le site : données de navigation, historiques de commandes, préférences et centres d’intérêts, produits consultés, produits ajoutés au panier, incidents de livraisons, réclamations, conversations avec un conseiller. Nous effectuons également des mesures d’audience : nous mesurons par exemple le nombre de pages vues, le nombre de visites du site, ainsi que l’activité des visiteurs sur le site et leur fréquence de retour. Enfin, nous collectons des données grâce aux cookies. Nous avons dédié une page à notre politique de cookies, en vous permettant d’indiquer vos préférences


BANK DATA


For payment purposes, bank details are collected and stored by our payment service provider STRIPE.

STRIPE encrypts the data and only keeps it for technical uses (for example: for a recurring payment requested by the consumer at the time of purchase such as 1-step payment, or reimbursement of a purchase, in the event of 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 small “like” and “share” buttons on third-party social networks such as Facebook, Twitter, LinkedIn, etc. which you can find on our site. They allow you to "like" and share information from our sites and applications with your friends on social networks. 
 
Lorsque vous consultez une page de notre site grainedemalice.be contenant des plug-ins ou modules sociaux, une connexion est établie avec les serveurs des réseaux sociaux (Facebook, Twitter…) qui sont alors informés que vous avez accédé à la page correspondante de notre site grainedemalice.be consulté, et ce même si vous ne possédez pas de compte utilisateur Facebook ou Twitter, et même si vous n'êtes pas connecté à votre compte Facebook ou Twitter. Par exemple : si vous êtes connecté à un réseau social lors de votre navigation sur notre site grainedemalice.be, les réseaux sociaux auxquels vous êtes connectés pourront faire mention de votre visite dans votre compte sur les réseaux sociaux. 

If you use plug-ins (e.g. like), your actions may be recorded and published on your social media accounts depending on your social media account settings. If you do not want social networks to publish your actions from the plug-ins in your social network accounts, you must log out of your social networks before visiting our site.


WHAT ARE THE RULES ASSOCIATED WITH THE COLLECTION AND CONSERVATION OF DATA?


Date of collection
​We collect the information that you provide to us in particular when:
• you create your customer account "My account"
• you place an order on our site
• you browse our site and view products
• you participate in a game or contest
• you contact our Customer Service
• you write a review
• you contact an advisor
• you create a product availability alert
• you subscribe to our newsletter

Personal Data retention time
Your Personal Data concerning your account, as well as those concerning your navigation and/or your behavior on the site are kept for a period of 3 years from your last activity on the site or on a Graine de Malice electronic communication medium. 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.

On the other hand, the audience measurement statistics and your raw site traffic data are not kept for more than 13 months.

However, at the end of these aforementioned periods, 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 keep invoices for a period of 11 years laid down by article 9 AR of September 12, 1983 implementing the law of July 17, 1975) and/or at least during the applicable limitation period (such as the 3-year limitation period enshrined in article 6 of the law of July 17, 1975 relating to company accounting).
 


WHO HAS ACCESS TO YOUR DATA?


The Personal Data collected on the Graine de Malice website is exclusively intended for Graine de Malice. Under no circumstances will Graine de Malice 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 the companies – subcontractors – to which Graine de Malice uses in the context of the execution of services and orders, in particular management, execution, processing, payment and delivery.

Customer Support
​We are accompanied by service providers to assist our customers as soon as possible:
• Customer reviews
• Tracking data.

Marketing
We use a tool for customer relationship management (CRM) which uses our databases and all the data stored there, for all users of our site, and in compliance with the consents and communication preferences indicated on our site, in particular when creating an account. We also use service providers to help us communicate outside our sites, to promote our advertisements (traffic acquisition, customer match) to new or existing customers.

Payment & Fraud
We are supported by a partner specializing in payment and the fight against fraud named STRIPE. The Personal Data collected is not communicated to third parties, and as a business partner, STRIPE obeys strict rules in terms of the obligation to inform, respect for private life, right of revocation and arbitration. of disputes.
Transfer and hosting of your Personal Data
The servers containing the Personal Data collected by Graine de Malice are hosted in France.
Transfers outside the European Union may be made, in particular in the context of the use of Personal Data in connection with social networks (see below). For transfers to these service providers, we have ensured that they comply with the Personal Data Protection Regulations (GDPR).

FOR WHAT PURPOSES ARE YOUR PERSONAL DATA COLLECTED?


Managing your orders
The information and Personal Data concerning you are necessary for the management of your order, namely each acquisition of goods and/or services made by a customer on our site under the conditions provided for in the Conditions of Use and General Conditions of Sale.
 
This information must also be kept for the purposes of proof in compliance with legal and regulatory obligations (payment, guarantee, litigation, etc.). Please read the Terms of Use.
 
Personalization of our services
The information and Personal Data concerning you allow us to improve and personalize the services we offer you on our site and the information we send you.
 
Information and newsletters Graine de Malice
In order to keep you informed of our news and the advantages that you can benefit from, you will be able to receive offers by electronic communication (email, sms, etc.). We measure the opening rate of our mailings in order to best adapt it to your needs. If you do not wish to receive offers and information from Graine de Malice, you can oppose them by indicating this when creating your account, or at any time by unsubscribing using the unsubscribe link at the bottom of the emails. Depending on the choices made during the creation or consultation of your account, you will therefore be likely to receive offers from Graine de Malice.
 
Alerts
We can offer you alerts so that you can be kept informed by e-mail of the next availability of the product that interests you.
 
Subscription to the alert is done by clicking on the appropriate button and entering your e-mail address.
 
Using Google Reviews
Graine de Malice aims to offer its customers an exceptional shopping experience and to guarantee the best quality of service. As such, the opinion of our customers on the quality of our services is very important to enable us to improve constantly. We also want to collect these opinions in an objective way and be able to provide concrete answers.
 
To do this, Graine de Malice calls on the independent organization Google. By placing an order on the Graine de Malice website, you automatically agree to receive by email requests for consumer opinions from the independent organization Google solely related to your ordering experience on our site and the quality of the products purchased. The collection, moderation and restitution of consumer reviews processed by Google comply with the NF Z74-501 standard and the NF522 certification rules. 
 
Only your e-mail address and the details of your most recent order are automatically communicated to Google, which undertakes not to communicate these details to a third party. Any other personal information (address, selected means of payment) is kept solely by Graine de Malice and cannot be used for other purposes. If you want Google to remove your email address from their database, you can ask us directly. 
 
Our customer service department reserves the right to contact you electronically to offer assistance on any mixed experience you may have expressed through Google Reviews. 
 
There is no obligation to respond to Google's review requests. Ratings and reviews shared through Google are automatically displayed publicly on Google's website, subject to moderation. Only your first name and the date of your order will be published under your comment.
 
Fight against fraud
Graine de Malice 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 on the grounds of fraudulent use of a means of payment, fraud on delivery, etc.) will result in the registration of Personal Data in connection with the order in the alert file of Graine de Malice, which may, during future orders, lead Graine de Malice to carry out additional checks.
 
At any time during the risk analysis carried out by Graine de Malice, you can present your observations. In addition, in accordance with the law, 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, simply contact Graine de Malice: electronically at [email protected] or by post at Graine de Malice, 26 rue de l'Agasse at 5030 Gembloux, indicating your surname, first name, e-mail, address and if possible your customer reference.

Cookies and targeted advertising
Our site is designed to be particularly attentive to the needs and expectations of our customers. This is among other things why we use cookies or similar tracking technologies 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 offers that we offer you and the information we send you. Cookies allow you to benefit from our personalized advice and to be informed of our promotional offers. You can choose to disable cookies at any time. To find out more, please see our Cookies Policy.
 
We use your Personal Data to better understand the profiles of our customers and thus better target our efforts in our advertising campaigns.


HOW IS YOUR DATA SECURED?


Graine de Malice protects your personal data by implementing technical and organizational measures to ensure the security of the processing of personal data and the confidentiality thereof. 

As such, Graine de Malice takes all useful precautions, with regard to the nature of the data and the risks presented by the processing, in order to preserve the security of the Personal 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 processes with personal and secure access via confidential identifiers and passwords, encryption of certain data, etc.

We remind you, however, that you are responsible for the data concerning you that you transmit to Graine de Malice and that as such, you contribute to the protection of your personal data by complying with good practices in the use of your IT tools.

You are informed of the fact that without adequate security measures (examples: secure configuration of your web browser, updating of anti-virus programs, firewall software, non-use of software from dubious sources, etc.), you run the risk that the data and passwords you use to protect your data may be disclosed to unauthorized third parties.
 


WHAT ARE YOUR RIGHTS ?​


In accordance with the General Data Protection Regulations (GDPR) which entered into force on May 25, 2018, you have the rights set out below with regard to your personal data. All you have to do is write to us electronically at ​ [email protected] or by post to Graine de Malice, 26 rue de l'Agasse at 5030 Gembloux, giving us your surname, first name, e-mail address and if possible your reference. customer. 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.

A response will then be sent to you within 1 month of receipt of the request. If necessary, this period may be extended by two months, taking into account the complexity and the number of requests. The controller will notify the data subject of this extension and the reasons for the postponement within one month of receiving the request.

In particular, in accordance with the Personal Data Regulations, you have the following Specific Rights:
• Access (article 15 of the GDPR),
• Rectification (article 16 of the GDPR),
• Deletion (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),

Access rights
You have the possibility to obtain from Graine de Malice the confirmation that the Personal Data concerning you are or are not processed and, when they are, access to said Personal Data as well as the following information:
• The purposes of the processing;
• Data categories;
• The recipients or categories of recipients to whom the Personal Data have been or will be communicated;
• Where possible, the envisaged retention period of the Personal Data or, where this is not possible, the criteria used to determine this period;
• The existence of the right to ask Graine de Malice to rectify or erase Personal Data, or limit the processing of your Personal Data, or the right to oppose this processing;
• Where the Personal Data is not collected from you, any available information as to its source;
• The existence of automated decision-making, including profiling, and, at least in such cases, meaningful information about the underlying logic, as well as the significance and intended consequences of this processing for you.

When Personal Data is transferred to a third country or to an international organization, you have the right to be informed of the appropriate safeguards in relation to this transfer.

Graine de Malice provides a copy of the Personal Data being processed.

Graine de Malice may require payment of a reasonable fee based on administrative costs for any additional copies requested by you.

When you submit your request electronically, the information is provided in a commonly used electronic form, unless you request otherwise.
Your right to obtain a copy of your Personal Data must not infringe the rights and freedoms of others.

Right of rectification
You have the possibility of obtaining from Graine de Malice, as soon as possible, the rectification of the Personal Data concerning you which are inaccurate. You also have the possibility of having incomplete Personal Data completed, including by providing an additional declaration.

Rights to erasure
You have the possibility of obtaining from Graine de Malice the erasure, as soon as possible, of Personal Data concerning you when one of the following reasons applies:
• The Personal Data is no longer necessary for the purposes for which it was collected or otherwise processed by Graine de Malice;
• You have withdrawn your consent for the processing of this Personal Data and there is no other legal basis for the processing;
• You exercise your right of opposition under the conditions set out below and there is no overriding legitimate reason for the processing;
• The Personal Data has been unlawfully processed;
• Personal Data must be erased to comply with a legal obligation;
• The Personal Data was collected from a child.

Rights to limitation
You have the possibility of obtaining from Graine de Malice the limitation of the processing of your Personal Data when one of the following reasons applies:
• Graine de Malice verifies the accuracy of the Personal Data following your contestation of the accuracy of the Personal Data,
• The processing is unlawful and you oppose the erasure of the Personal Data and demand the limitation of their use instead;
• Graine de Malice no longer needs the Personal Data for the purposes of the processing, but they are still necessary for you to establish, exercise or defend legal rights;
• You have objected to the processing under the conditions set out below and Graine de Malice verifies whether the legitimate reasons pursued prevail over your alleged reasons.

Rights to the portability of Personal Data
You have the possibility to receive from Graine de Malice the Personal Data concerning you, in a structured, commonly used and machine-readable format when:
• The processing of Personal Data is based on consent or on a contract and
• The processing is carried out using automated methods.

When you exercise your right to portability, you have the right to have the Personal Data transmitted directly by Graine de Malice to a data controller that you designate when technically possible.

Your right to the portability of your Personal 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 Personal Data concerning you based on the legitimate interest of Graine de Malice. Graine de Malice will then no longer process the Personal Data, unless it demonstrates that there are legitimate and compelling reasons for the processing which prevail over your interests and your rights and freedoms, or may keep them for the observation, the exercise or defense of legal claims.

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


HOW TO EXERCISE YOUR SPECIFIC RIGHTS?


To exercise your specific rights to the attention of Graine de Malice and/or, where applicable, obtain an oral reading of this Policy, you can choose to send your request:

• By e-mail by contacting our Data Protection Officer [email protected],
• By visiting our site, in the "My account" section, selecting the desired section,
• By post by contacting our Data Protection Officer at Graine de Malice, rue le l'Agasse 2§, 5030 Gembloux

Please provide us with your surname, first name, e-mail address and if possible your customer reference. A response will be sent to you within a maximum of one (1) month following the date of receipt of your request. If necessary, this period may be extended by two months by Graine de Malice, which will alert you, taking into account the complexity and/or the number of requests.
 
In the event of a request for the deletion of your Personal Data and/or in the event of the exercise of your right to request the deletion of your Personal Data, we may however keep them in the form of intermediate archiving, for the duration necessary to meet our legal, accounting and tax obligations and in particular, to prevent possible illicit behavior after the deletion of your account (reuse of your old account by a third party).
 
It is specified as necessary that the request to delete your visitor account from our site is not interpreted by Graine de Malice as an express request to exercise your right of opposition, limitation or deletion for reasons legitimate. Your visitor account is therefore rendered inactive and the Personal Data concerning you are subject to intermediate archiving under the conditions and durations indicated above.
 
An unsubscribe link also appears on each email that Graine de Malice sends you.
 
You can also ask us at any time to no longer receive advertisements or prospecting adapted to the navigation 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 send you. send by e-mail. Where applicable, the advertisements that you may continue to receive, unless you object to us, will no longer be adapted to the navigation of your terminal.
 
Contacts and complaints
For any request, you can choose to send your request:
• By e-mail by contacting our Data Protection Officer [email protected],
• By visiting our site, in the "My account" section, selecting the desired section,
• By post by contacting our Data Protection Officer at Graine de Malice, rue le l'Agasse 2§, 5030 Gembloux 

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

• For Belgium: https://www.autoriteprotectiondonnees.be  
• For France CNIL: http://www.cnil.fr
• For Luxembourg: http://www.cnpd.lu
• For the Netherlands: https://autoriteitpersoonsgegevens.nl/nl
• For Germany Datenschutz: http://www.datenschutz.de
• For other countries:  http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm