1.1 The controller is OSCAR UTIERRE LLC, (hereinafter « OSCAR UTIERRE »). OSCAR UTIERRE – and its service providers acting on its behalf – determines the purposes, the technical and juridical means of the data processing and commits to take all necessary measures to insure that the processing is compliant with the provisions of Data Protection Act of January 6, 1978 modified by the law of August 6, 2004 (hereinafter “the Law”) and the regulation (EU) 2016/679 of April 26, 2016, general regulation on data protection (hereinafter “GDPR”).
1.2. OSCAR UTIERRE is free to choose any natural or legal person to process the User’s personal data at its request and on its behalf (hereinafter « the processor »). OSCAR UTIERRE commits to select processors providing sufficient guarantees regarding technical and organizational security measures of the personal data processing.
2. Personal data processing
2.1. The use of the Website, the access to specific pages and / or all information or services requested by the website User may lead to the communication of personal data. The processing of those data by OSCAR UTIERRE, as controller, and/or by the processors acting on OSCAR UTIERRE behalf, shall be compliant to the Law and the GDPR Regulation.
2.3 The personal data will be processed mainly in an automated manner, with procedures linked to the purposes described in point 3.
OSCAR UTIERRE cares that User’s personal data are processed safely and in confidentiality and takes all necessary measures to avoid loss, bad use, deterioration or deletion of the personal data.
2.4. OSCAR UTIERRE also collects User’s specific personal data in order to recognize him/her and offer him/her an optimal and personalized use experience. This collection also aims to correct potential mistakes in the Website. The collected data concern the User’s connection (IP address, geographical zone, day and hour of connection, pages seen and / or used, etc) as well as the equipment from where the connection occurred.
3. Purposes of personal data processing
The User’s personal data are processed in order to process and deliver his/her orders.
The order process on the Website www.oscarutierre.com requires the creation of a Customer account in which his/her information is stored and protected by a password chosen by the Customer.
Subject to validation by an “opt-in” of the Customer, personal information (personal data, e-mail address, gender, etc.…) can also be used by OSCAR UTIERRE and/or its partners for marketing purposes like the sending of newsletters or requests.
4. Personal data likely to be processed
The information given by the User while filing the forms or creating his/her account are collected and processed. This information include the User’s name, gender, size, address, email and phone number.
The User can withdraw his/her consent at any time.
The withdrawal of his/her consent does not question the legality of the process already done, based on the consent given before the withdrawal. This right can be exercised by e-mail to the address email@example.com.
6. Duration of personal data’s storage
In compliance with the Law and GDPR Regulation, OSCAR UTIERRE only stores User’s personal data during a timeframe reasonably necessary to achieve the purposes for which it is collected.
7. Communication of User’s personal data for internal purposes
7.1. The personal data can be provided to OSCAR UTIERRE’ employees and staff who, acting under OSCAR UTIERRE’ direct authority, are considered controller or processor and receive appropriate operational instructions. The personal data can be disclosed to the controller’s employees or staff, appointed by OSCAR UTIERRE, provided that the data are collected according to the pursued purposes.
7.2. OSCAR UTIERRE ensures that the processors, employees or staff guarantee the same level of protection than itself and ensures that these processors, employees or staff process the personal data only for the pursued purposes, with the required discretion and security.
7.3. The personal data directly communicated by the Users through the online forms can be disclosed and collected by external providers acting on OSCAR UTIERRE’ behalf.
8. The User’s rights
8.1. OSCAR UTIERRE guarantees fair and lawful processing of User’s personal data.
8.2. OSCAR UTIERRE guarantees the User a right to access his/her personal data.
According to article 15 of GDPR, the User shall have the right to obtain from OSCAR UTIERRE the following non exhaustive) information:
1. the purposes of the processing;
2. the categories of personal data concerned;
3. the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations ;
4. where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
5. the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
8.3. OSCAR UTIERRE guarantees the right to rectification and deletion of the User’s personal data.
According to article 16 of GDPR, the incorrect or inaccurate data can be rectified or deleted at any time. First, the User shall proceed by himself to the necessary modifications from its user account, then the User shall ask OSCAR UTIERRE to proceed to the modifications if necessary.
The User shall have a right to obtain the deletion of his/her personal data in the cases listed in article 17 of GDPR.
8.4. OSCAR UTIERRE guarantees the right to restriction of processing
The User shall have the right to obtain restriction of processing where one of the cases described in article 18 of GDPR applies.
8.5. OSCAR UTIERRE guarantees the right to data portability
According to article 20 of GDPR, the User shall have the right to receive from OSCAR UTIERRE the personal data concerning him or her, in a structured, commonly used and machine-readable format.
The User shall also have a right to transmit those data to another controller without hindrance from OSCAR UTIERRE, in the cases described in GDPR.
8.6. OSCAR UTIERRE guarantees the right to object to the processing
The User shall have the right to object, on compelling and legitimate grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her. In such a case, OSCAR UTIERRE will not process the personal data, unless there are compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defense of legal claims.
8.7. OSCAR UTIERRE guarantees the right to lodge a complaint
The User shall have the right to lodge a complaint regarding the processing of his/her personal data by OSCAR UTIERRE with the CNIL, supervisory authority competent in the French territory.
8.8. The User can exercise the rights listed above, at any time, by e-mail to the address firstname.lastname@example.org.
9. Processor’s limitation of liability
The website may contain hyperlinks to websites controlled and exploited by third parties not linked to OSCAR UTIERRE. In such a case, OSCAR UTIERRE cannot be held responsible for the content of these websites, or for these third parties practice as regards to personal data protection.
OSCAR UTIERRE cannot be held responsible for the loss, the data corruption or the identity theft, which may be caused particularly but not only by the presence of virus or by cyber-attacks.
10. User’s data modification process
The User can, at any time, modify the disclosed personal data by e-mail to the address email@example.com.
Cookies are used on the site, in order to improve your experience of the site. The cookie identifies your computer and allows the site to remember your personal settings. Cookies are also used for statistical purposes.
You can set your browser to notify you when a cookie is to be activated. This enables you to reject usage of this cookie or to tell your browser to erase the cookie at the end of your visit. The web shop cannot be used if cookies are disallowed.
A user-ID will be assigned to log in users, which allows for anonymized website tracking across multiple devices (table, desktop, mobile, etc.). No personally identifiable data is collected or connected to the user-ID and you can opt out by contacting firstname.lastname@example.org.