CHARTER FOR THE PROTECTION OF PERSONAL DATA

The personal data protection policy is available below in French and then in English.

PREAMBLE


Team Vitality attaches great importance to protecting the privacy and data of users of its E-shop vitality.gg (hereinafter the “Website”). It therefore ensures that it adopts and strictly complies with a privacy policy that conforms to current regulations, in particular Regulation (EU) 2016/679, known as the General Data Protection Regulation (“GDPR”).


When the terms “you”, “your” or “yours” are used, they refer to users of the Website. 


The purpose of this personal data protection policy (hereinafter the “Policy ”) is to explain what personal data that directly or indirectly identifies you (hereinafter “Personal Data”) may be collected via the Website, how it may be used, and what rights you have regarding this data.


The Policy may be amended at any time by Team Vitality, in particular to comply with any legislative, regulatory, jurisprudential, editorial and/or technical developments. We recommend that you consult the latest version of the Policy, which is available at the bottom of the Website, before browsing or using the Website.


WHO IS THE DATA CONTROLLER?

The data is collected by Team Vitality, a simplified joint-stock company with a share capital of 27,998 euros, whose registered office is located at 102, Boulevard de Sebastopol - 75003 Paris, registered with the Paris Trade and Companies Register under number 794 387 498 (“Team Vitality”).


HOW IS YOUR PERSONAL DATA PROCESSED?

The table below provides detailed information explaining the following:


  • In what circumstances is your Personal Data collected? ;


  • What personal data is collected? ;


  • On what legal basis is your Personal Data collected and processed? ;


  • For what purposes is your Personal Data collected? ; and


  • Who receives your Personal Data?

You can download the table here.

Team Vitality only collects data that is adequate, relevant and limited to what is necessary for the purposes for which it is processed.


These purposes are specific and legitimate, and your Personal Data will never be further processed in a manner incompatible with these purposes without your prior consent.


All persons who process data on behalf of Team Vitality or are responsible to it and have access to Personal Data are required to maintain its confidentiality and security and to implement appropriate measures. 


PERSONAL DATA OF MINORS

In accordance with Article 8 of Regulation (EU) 2016/679 and the French Data Protection Act, only minors aged 15 or over may consent on their own to the processing of their Personal Data.


If the user is under 15, the consent of a legal representative will be required for their Personal Data to be collected and processed.


COOKIES AND OTHER TRACKERS

The Website uses cookies and other tracking technologies.


Cookies and other tracking technologies allow us, on each visit, and in accordance with the purposes set out in Article 2, to study your browsing behaviour on the Website to offer you a better browsing and service experience, to compile statistics about the Website, and to obtain your consent for the use of certain cookies.


What are cookies ?


A cookie is a small text file containing information that is stored on your device's hard drive (e.g. computer, tablet or mobile phone) when you visit the Website using your web browser. It is transmitted by the Website's server to your browser. The cookie file allows its issuer to identify the device on which it is stored for the duration of the cookie in question.


How can I disable cookies ?


You can object to the storage of cookies by configuring your web browser or by clicking on the link provided for this purpose: https://shop.vitality.gg/cookies/login/edit. You can also configure the use of cookies by clicking on this link: https://shop.vitality.gg/cookies/login/edit.


If the user decides to disable cookies or to configure them, they may continue to browse the Website. However, Team Vitality cannot be held responsible for any Website malfunction caused by this action.


HOW LONG IS PERSONAL DATA RETAINED ?

Team Vitality only retains Personal Data for as long as necessary to fulfil the purposes for which it is processed, subject to legal archiving possibilities, data retention obligations and/or anonymisation. 


Personal Data will therefore be deleted no later than three years after your last login to your account or last contact with the Website. 


Cookies and other tracking technologies will only be retained for thirteen months from the date they are placed in your web browser. 


WHAT SECURITY MEASURES ARE IN PLACE ?

The Website uses an SSL certificate to ensure that information and data transferred via the Website are secure.


As Personal Data is confidential, Team Vitality restricts access to only those recipients who need it to carry out the processing.


All persons who have access to Personal Data are bound by a duty of confidentiality and may face disciplinary and/or other sanctions if they do not comply with these
obligations.


When Team Vitality uses subcontractors, this communication is governed by a contract to ensure compliance with the GDPR.


The data is hosted and processed on secure servers located in the European Union, Canada and the United States, operated by Team Vitality's subcontractors in compliance with the requirements of the GDPR.


If the integrity, confidentiality or security of the user's Personal Data is compromised, Team Vitality undertakes to (i) notify the CNIL of the breach within 72 hours of becoming aware of it and (ii) inform the data subject as soon as possible if the breach is likely to result in a high risk to their rights and freedoms. 


WHAT RIGHTS DO YOU HAVE REGARDING YOUR PERSONAL DATA ?

Subject to the limitations provided for by current regulations, you have the following rights regarding the processing of your Personal Data :


  1. Right to information


The user has the right to be informed in clear and simple terms about the conditions under which their Personal Data is used.


  1. Right of access


The right of access allows you to obtain confirmation from Team Vitality as to whether or not your Personal Data is being processed by us, the conditions of such processing, and a copy of it.


  1. Right to rectification


You have the right to obtain the rectification of your Personal Data from Team Vitality as soon as possible if it is inaccurate, incomplete, ambiguous or outdated.


  1. Right to erasure


You have the right to ask Team Vitality to erase your Personal Data as soon as possible when one of the following grounds applies :


  • Your Personal Data is no longer necessary for the purposes for which it was collected or otherwise processed;


  • You wish to withdraw your consent on which the processing of your Personal Data was based, where applicable, and there is no other ground justifying such processing;


  • You consider and are able to establish that your Personal Data has been processed unlawfully; or


  • Your Personal Data must be erased pursuant to a legal obligation.


  1. Right to withdraw consent


When Team Vitality processes your Personal Data on the basis of your consent, you may withdraw it at any time using the means provided to that effect (see the procedure set out in section 7K of this Policy). 


However, in accordance with applicable law, the withdrawal of your consent only takes effect for the future and therefore cannot affect the lawfulness of processing carried out before such withdrawal.


  1. Right to restrict processing of Personal Data


Applicable regulations provide that this right may be invoked in certain circumstances, in particular the following :


  • When you contest the accuracy of your Personal Data for the period necessary to verify its accuracy;


  • When you consider and are able to establish that the processing of Personal Data is unlawful but you object to the erasure of Personal Data and instead request the restriction of processing; and


  • When Team Vitality no longer needs your Personal Data but you still need it to establish, exercise or defend legal claims.


  1. Right to object to the processing of Personal Data


You may object at any time to the processing of your Personal Data for direct marketing purposes. You may also object solely to profiling. In this case, you will, in particular, no longer receive personalised offers.


You will have the opportunity to object free of charge, except for any costs associated with transmitting your objection, to the use of your Personal Data for sending newsletters, when your Personal Data is collected and whenever you receive a prospecting email, in particular by clicking on the unsubscribe link at the bottom of each newsletter.


  1. Right to data portability


You have the right to ask us to provide you with your Personal Data or to transfer it to another service provider.


  1. Right to decide the fate of your Personal Data after your death


You have the right to arrange the fate of your Personal Data post mortem by adopting general or specific instructions. Team Vitality undertakes to comply with these instructions.


In the absence of instructions, Team Vitality recognises the right of heirs to exercise certain rights, in particular the right of access, if necessary for the settlement of the deceased person's estate, and the right to object in order to close the deceased person's user accounts and object to the processing of their Personal Data.


  1. Right to lodge a complaint with a supervisory authority


You can complain to the national authority responsible for personal data protection (in France, this is the National Commission on Informatics and Liberty, the CNIL, whose contact details are available at: https://www.cnil.fr/fr/vous-souhaitez-contacter-la-cnil).


  1. Terms and conditions for exercising your rights


For any questions regarding this Charter and/or to exercise your rights as described above, you can contact Team Vitality by post or by email at the following address: support@vitality.gg. 


Your request must be submitted in writing, signed, and accompanied by a photocopy of a valid form of identification bearing your signature. 


Team Vitality undertakes to respond to you as soon as possible and, in any event, within one month of receipt of your request.


If necessary, this period may be extended by two months due to the complexity and the number of requests received by Team Vitality. In this case, you will be informed of this extension and the reasons for the delay.


If your request is submitted electronically, the information will also be provided to you electronically where possible, unless you expressly request otherwise.


IS PERSONAL DATA SENT TO RECIPIENTS LOCATED IN THIRD COUNTRIES ?

The Website host, namely Shopify Inc., whose registered office is located at 150 Elgin Street, Suite 800, Ottawa, Ontario K2P 1L4, Canada, hosts the data collected in the European Union in Canada and the United States. Thus, your Personal Data may be transferred outside the borders of the European Union. 


Regarding this data transfer to Canada, Team Vitality undertakes to verify that the host receiving the information complies with the Personal Information Protection and Electronic Documents Act, which is recognized by the European Commission as providing an adequate level of protection for personal data transferred to Canada.


Regarding this data transfer to the United States, Team Vitality undertakes to verify that the host receiving the information is a member of the Privacy Shield, a self-certification mechanism recognized by the European Commission as providing an adequate level of protection for personal data transferred to the United States.

PREAMBLE

 

Team Vitality places great importance on the protection of the privacy and data of the users of its E-shop vitality.gg (hereinafter the "Website"). It thus ensures that a confidentiality policy is adopted and strictly adhered to in accordance with the regulations in force, and in particular with the 2016/679/EU General Data Protection Regulation (“GDPR”).  

 

When the terms “ you ”, “ your ” or “ yours ” are used, they refer to users of the Website.

 

The purpose of this charter of personal data protection (hereinafter the “Charter”) is to explain to you which personal data allowing to directly or indirectly identify you (hereinafter the “Personal Data”) may be collected via the Website, as well as the use that can be made of it and the rights you have on these data.

 

The Charter may be amended at any time by Team Vitality, in particular to comply with all legislative, regulatory, jurisprudential, editorial and / or technical developments. You are advised to refer before browsing or using the Website to the latest accessible version of the Charter.

 

WHAT IS THE IDENTITY OF THE PERSONAL DATA PROCESSING MANAGER?

 

The data is collected by Team Vitality, a simplified joint-stock company with a capital of 27,998 euros, having its registered office at 102, Boulevard de Sebastopol - 75003 Paris, registered with the Paris Trade and Companies Register under number 794 387 498 (“Team Vitality”).

 

HOW ARE YOUR PERSONAL DATA COLLECTED?

 

The table below provides detailed information explaining the following:

 

  • What are the situations in which your Personal Data are collected?

 

  • What are the Personal Data collected?

 

  • On what legal basis are Personal Data collected and processed?

 

  • For what purposes are Personal Data collected? and

 

  • Who are the recipients of Personal Data?

You can download it here.

Team Vitality only collects data that is adequate, relevant and limited to what is necessary for the purposes for which it is processed.

 

These objectives are specific and legitimate and in no case will your data be further processed in a manner incompatible with these purposes, unless you give prior consent.

 

All persons dealing with or under the responsibility of Team Vitality and having access to Personal Data are required to maintain the confidentiality and security of the Personal Data and to implement appropriate measures.

 

PERSONAL DATA OF MINORS

 

In accordance with the provisions of Article 8 of European Regulation 2016/679 and the Data Protection Act of January 6th, 1978, only minors aged 15 or over may consent alone to the processing of their Personal Data.

 

If the user is a minor under the age of 15, the agreement of a legal representative will be required so that his Personal Data can be collected and processed.

 

COOKIES AND OTHER TRACKING TECHNOLOGIES

 

The Website uses cookies and other tracking technologies.

 

Cookies and tracking technologies allow, during each of your visits, and for the purposes determined in article 2 to study your behavior during your browsing on the Website in order to offer you a better experience of navigation and use of our services, to produce statistics on the Website and to obtain your consent for the use of certain cookies. 

 

What are cookies?

 

A cookie is a small text file, containing information, which is stored on the hard drive of your terminal (ex : computer, tablet or mobile phone) when you visit the Website using your browser software. It is transmitted by the server of the Website to your browser. The cookie file allows its issuer to identify the terminal in which it is registered during the period of validity or registration of the cookie concerned.

 

How to disable cookies?

 

You can oppose the registration of cookies by configuring your browser software or by clicking on the link provided for this purpose https://shop.vitality.gg/cookies/login/edit .You can also configure the use of cookies by clicking on this link https://shop.vitality.gg/cookies/login/edit .

 

In the event that the user decides to disable cookies or to configure them, he may continue browsing the Website. However, any dysfunction of the site caused by this manipulation could not be considered as being due to Team Vitality.

 

WHAT IS THE PERIOD OF CONSERVATION OF PERSONAL DATA?

 

Team Vitality retains Personal Data only for the time necessary to fulfill the purposes pursued, subject to the legal possibilities of archiving, data retention obligations and / or anonymization.

 

Personal Data will thus be deleted at the latest three years after the last connection to your account or the last contact on the Website.

 

Cookies and other tracking technologies will only be kept for a period of thirteen months from insertion into your Internet browser.

 

WHAT ARE THE SECURITY MEASURES IMPLEMENTED?

 

The Website has an SSL certificate to ensure that the information and the transfer of data transiting through the Website are secure.

 

Personal Data being confidential, Team Vitality limits their access only to employees of the company or service providers who need it as part of the execution of the processing.

 

All persons having access to the Personal Data are bound by a duty of confidentiality and expose themselves to disciplinary measures and / or other sanctions if they do not respect these obligations.

 

When Team Vitality uses subcontractors, this communication is the subject of a contract to ensure compliance with the GDPR.

 

The data is hosted and processed on secure servers located on the territory of the European Union, Canada and the United-States and operated by subcontractors of Team Vitality acting in accordance with the requirements of the GDPR.

 

In the event that the integrity, confidentiality or security of the user's Personal Data is compromised, Team Vitality undertakes (i) to notify the CNIL of the violation within 72 hours after becoming aware of it and (ii) to inform the person concerned as soon as possible when the violation is likely to create a high risk for the rights and freedoms of that person.

 

WHAT ARE YOUR RIGHTS ON YOUR PERSONAL DATA?

 

You have, subject to the limits provided for by the regulations in force, the following rights with respect to the processing of your Personal Data:

 

  1. Right of information

 

The user has the right to be informed in clear and simple terms about the conditions of use of his Personal Data.

 

  1. Right of access

 

The right of access allows you to obtain from Team Vitality confirmation that your Personal Data is processed by us or not, and the conditions of this treatment, as well as to receive a copy.

 

  1. Right of rectification

 

You have the right to obtain from Team Vitality, as soon as possible, the correction of your Personal Data that is inaccurate, incomplete, equivocal or out of date.

 

  1. Right to cancellation

 

You have the right to ask Team Vitality to delete your Personal Data as soon as possible if one of the following reasons applies:

 

  • Your Personal Data is no longer necessary for the purpose for which it was collected or otherwise processed;

 

  • You wish to withdraw your consent on which the processing of your Personal Data was based, if any, and there is no other basis for such processing;

 

  • You consider and can establish that your Personal Data has been subject to unlawful processing; or

 

  • Your Personal Data must be erased under a legal obligation.

 

  1. Right to withdrawal of consent

 

When Team Vitality processes your Personal Data on the basis of your consent, it may be withdrawn at any time by using the means at your disposal for this purpose (see procedure in point 7K of this Charter).

 

On the other hand, and in accordance with the applicable law, the withdrawal of your consent is valid only for the future and cannot therefore call into question the lawfulness of the treatment carried out before this withdrawal.

 

  1. Right to limit the processing of Personal Data

 

The applicable regulations provide that this right may be invoked in certain cases, in particular the following:

 

  • When you dispute the accuracy of your Personal Data and for the length of time necessary to verify its accuracy;

 

  • When you consider and can establish that the processing of Personal Data is unlawful but that you oppose the deletion of Personal Data and instead require the limitation of processing; and

 

  • When Team Vitality no longer needs your Personal Data but you still need it for the purpose of ascertaining, exercising or defending legal rights.

 

  1. Right to oppose the processing of Personal Data

 

You may object at any time to the processing of your Personal Data for direct marketing purposes. You can also only oppose profiling. In this case, you will not receive more custom offers.

 

You will have the possibility to object, free of charge, except for those related to the transmission of the refusal, to the use of your Personal Data for the sending of newsletters, when your Personal Data are collected and each time a prospecting e-mail is sent to you, in particular by clicking on the unsubscribe link present at the bottom of each newsletter.

 

  1. Right to portability of Personal Data

 

You have the right to request that we give you your Personal Data or that we transfer it to another service provider.

 

  1. Right to decide the fate of your Personal Data after your death

 

You have the right to organize the fate of your Personal Data postmortem by adopting general or specific guidelines. Team Vitality is committed to following these guidelines.

 

In the absence of guidelines, Team Vitality recognizes to the heirs the possibility of exercising certain rights, in particular the right of access, if it is necessary for the settlement of the deceased’s estate, and the right of opposition to proceed at the closing of the user accounts of the deceased and oppose the processing of his Personal Data.

 

  1. Right to lodge a complaint with a supervisory authority

 

In case of non-compliance with one of your rights or wrongful treatment, you can complain to the national authority in charge of the protection of personal data (in France, it is the “Commission Nationale de l’Informatique et des Libertés”, the “CNIL” whose contact details can be found at: https://www.cnil.fr/fr/vous-souhaitez-contacter-la-cnil).

 

  1. How to exercise your rights

 

For any questions relating to this Charter and / or to exercise your rights as described above, you may contact Team Vitality by mail or electronically at the following address: support@vitality.gg. 

 

Your application must be in writing and must be signed and accompanied by a photocopy of an identity card bearing your signature.

 

Team Vitality is committed to responding to you as soon as possible and, in any case, within one month of receiving your request.

 

If necessary, this period may be extended by two months given the complexity and the number of requests addressed to Team Vitality. In this case, you will be informed of this extension and the reasons for the postponement.

 

If your application is submitted electronically, the information will also be provided to you electronically where possible, unless you specifically request otherwise.

 

 ARE PERSONAL DATA SENT TO RECIPIENTS LOCATED IN THIRD COUNTRIES?

 

The Website’s host, namely Shopify Inc. whose head office is located at 150 Elgin Street, Suite 800, Ottawa, Ontario K2P 1L4, Canada, hosts the data collected in the European Union in Canada and the United States. Thus, your Personal Data may be transferred outside the borders of the European Union.

 

Regarding this data transfer to Canada, Team Vitality undertakes to verify that the host receiving the information complies with the Personal Information Protection and Electronic Documents Act (PIPEDA) recognized by the European Commission as offering an adequate level of protection for personal data transferred to Canada.

 

Concerning this data transfer to the United States, Team Vitality undertakes to verify that the host receiving the information is a member of the Privacy Shield, a self-certification mechanism recognized by the European Commission as offering an adequate level of protection for personal data transferred to the United States.