Legal Notice & Privacy Policy
applicable from 12/03/2021
ARTICLE 1. PUBLISHER
You are currently connected to the website mesballesdegolf.com, published by OPEN'COM, share capital: €10,000, registered with the RCS of Toulouse B 523217495 in France on 15/06/2010, under number 52321749500051, registered office: 1 Rue de Lille, 31500 Toulouse, France, telephone: 0531987600, email: contact@mesballesdegolf.com, intra-community VAT number: FR49523217495, article 293B of the CGI, publication director: Antoine MECCA.
ARTICLE 2. HOST
Information regarding the legal and technical hosting of this site can be found at: https://www.shopify.fr/legal/mentions-legales
Privacy Policy - MyGolfBalls.com
Last updated on 12/03/2021.
PREAMBLE
This privacy policy informs you about how mesballesdegolf.com uses and protects the information you provide to us when you use this site accessible from the following URL: https://mesballesdegolf.com/ .
Please note that this privacy policy may be modified or supplemented at any time by mesballesdegolf.com , particularly to comply with any legal or technological developments. In such cases, the date of the update will be clearly indicated at the top of this policy. These modifications are binding on the user once they have been informed of the publication of the updated privacy policy and have accepted it.
ARTICLE 1. PARTIES
This privacy policy applies between the publisher of the Site, hereinafter " the Publisher ", and any person connecting to the Site, hereinafter " the User ".
ARTICLE 2. DEFINITIONS
“ Site Content” : elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
“ Publisher ”: OPEN’COM , SARL acting in its capacity as publisher of the Site.
“User” : any person connecting to the Site.
"Site" : website accessible at the URL https://mesballesdegolf.com/ , as well as sub-sites, mirror sites, portals and related URL variations.
ARTICLE 3. SCOPE OF APPLICATION
This privacy policy applies to all Users. Clicking "I agree" when registering on the Site constitutes your full and complete acceptance of this policy. Similarly, clicking "I agree" in the cookie banner displayed on the Site confirms your acceptance and allows you to customize which cookies will be applied to you. By doing so, you acknowledge that you have read and fully understand this policy and accept it without reservation.
The User acknowledges the evidentiary value of the Publisher's automatic recording systems and, unless he provides evidence to the contrary, waives the right to contest them in the event of a dispute.
Acceptance of this privacy policy implies that Users have the necessary legal capacity to do so, or are at least 16 years old, or failing that, have the authorization of a guardian or curator if they are incapable, of their legal representative if they are under 16 years old, or hold a mandate if they are acting on behalf of a legal entity.
ARTICLE 4. PERSONAL DATA
In accordance with the General Data Protection Regulation (GDPR) adopted by the European Parliament on April 14, 2016 and applicable national legislation, the Publisher provides you with the following information:
4.1. Identity of the data controller
The entity responsible for the collection and processing of data on the Site is m esballesdegolf.com by OPEN'COM SARL , whose registered office is located at 1 Rue de Lille, 31500 Toulouse, France. Toulouse B 523217495.
4.2. Data Collection by the Publisher
4.2.1. Data collected
4.2.1.1 Data collected during browsing on the Site
When browsing the Site, you consent to the Publisher collecting information relating to: the content you view and click on; demographic data; the device used and its software environment; your location; your connection data (times, IP address, etc.).
4.2.1.2. Data collected when using the contact form or contact email address
The use of the contact form or the contact email address by the User implies the collection by the Publisher of the following personal data: name, surname, email address*, telephone number.
Personal data fields marked with an asterisk are mandatory for using the contact form. Users who do not wish to provide the required information for the contact form will not be able to send a message to the Publisher directly from the Site.
4.2.1.3. Data collected during registration on the Site
The use of the registration form by the User implies the collection by the Publisher of the following personal data: name*, first name*, postal address*, email address*, date of birth, telephone number.
Personal data marked with an asterisk is mandatory for registration on the Site. Users who do not wish to provide the information required to use the registration form will not be able to register directly from the Site.
4.2.1.4. Data collected when using the newsletter form
When using the newsletter form, the Publisher may collect and process: your email address.
4.2.2. Purposes of collecting personal data
The data collected during browsing is subject to automated processing for the purpose of:
- Verify the identity of individuals;
- To ensure and improve the security of services;
- Develop, operate, improve, provide and manage the Site;
- Contextualize and improve the User experience;
- Sending information and contacting people, including by email;
- Target advertising content;
- Avoid any illicit or illegal activity;
- To enforce the terms and conditions relating to the use of the Site.
The data collected when using the contact form or contact email address is subject to automated processing for the purpose of:
- Verify the identity of individuals;
- To ensure and improve the security of services;
- Contextualize and improve the User experience;
- Sending information and contacting people, including by email;
- Target advertising content;
- Avoid any illicit or illegal activity.
The data collected during registration is subject to automated processing for the purpose of:
- To fulfill its contractual obligations;
- Verify the identity of individuals;
- To ensure and improve the security of services;
- Develop, operate, improve, provide and manage the Site;
- Contextualize and improve the User experience;
- Sending information and contacting people, including by email;
- Avoid any illicit or illegal activity;
- To enforce the terms and conditions relating to the use of the Site.
The data collected when using the newsletter form is subject to automated processing for the purpose of:
- Sending newsletters to the User.
4.2.3. Legal basis for processing
The data collected during browsing is based on the legitimate interest of the Publisher, namely to analyze user behavior on the Site and to improve its security and functionality. Some of this data, such as that collected through the use of certain cookies, may be based on the consent of the individuals concerned.
The data collected when using the contact form or the contact email address is based on the legal consent of the individuals concerned.
The data collected during registration is based on a contractual relationship.
The data collected when using the newsletter form is based on the legal consent of the individuals concerned.
4.2.4. Data Recipients
The data collected is accessible only by members of the Publisher's management, by staff in charge of preparing your order and by staff in charge of managing the Site, and is never made freely viewable by a third party.
4.2.5. Retention period for personal data
Personal data collected during browsing is kept for a reasonable period necessary for the proper administration of the Site and for a maximum of 12 months, or until the withdrawal of consent by the persons concerned.
The personal data collected when using the contact form or when sending to the contact email address is kept for a reasonable period necessary for the proper management of the User's request, and for a maximum of 12 months.
The data collected during registration is kept for the duration of the contractual relationship between the Publisher and the User.
The data collected when using the newsletter form is kept until the consent of the persons concerned is withdrawn.
At the end of each of these periods, the Publisher will archive this data and retain it for the time during which its liability may be called into question.
After this retention period, the Publisher undertakes to permanently delete the data of the persons concerned.
4.2.6. Security and confidentiality of personal data
Personal data is stored securely, using current technological means, in compliance with the provisions of the General Data Protection Regulation and applicable national legislation.
4.2.7. Minimization of personal data
The Publisher may also collect and process any data voluntarily transmitted by a User, in particular via the free text field of the contact form.
The Publisher guides Users as much as possible when they provide unnecessary or superfluous personal data.
The Publisher undertakes to retain and process only the data strictly necessary for its activities, and will delete any data received that is not useful as soon as possible.
4.3. Respect for rights
You have the following rights regarding your personal data, which you can exercise by writing to us at our postal address or by sending an email to the following address: contact@mesballesdegolf.com .
4.3.1. Right to information, access and communication of data
You have the option to access your personal data.
Due to the Publisher's obligation to ensure the security and confidentiality of personal data processing, your request will only be processed if you provide proof of your identity, specifically by producing a scan of your valid identity document (if requesting by email) or a signed photocopy of your valid identity document (if requesting by mail), both accompanied by the statement "I hereby attest that the copy of this identity document is a true copy of the original. Done at … on …", followed by your signature.
To help you with your application, you will find here a sample letter prepared by the CNIL.
4.3.2. Right to rectification, erasure and right to be forgotten of data
You have the option to request the rectification, updating, blocking or even the erasure of your personal data which may prove to be inaccurate, erroneous, incomplete or obsolete.
You can also set general and specific instructions regarding the fate of your personal data after your death. If applicable, the heirs of a deceased person may request that the death of their loved one be taken into account and/or that the necessary updates be made.
To help you with your application, you will find here a sample letter prepared by the CNIL.
4.3.3. Right to object to data processing
You have the right to object to the processing of your personal data.
To do so, you will need to send an email to the following address: contact@mesballesdegolf.com . In this email, you will need to specify the data you wish to have deleted and the reasons justifying this request, except in the case of commercial prospecting.
4.3.4. Right to data portability
You have the right to receive the personal data you have provided to us in a transferable, open and readable format.
4.3.5. Right to restriction of processing
You have the right to request that the Publisher limit the processing of your personal data. In this case, your data will only be stored and no longer used by the Publisher.
4.3.6. Withdrawal of consent
Your consent is essential for the Publisher to process your data. However, you may withdraw it at any time. This withdrawal will result in the deletion of your personal data.
However, services requiring the processing of your data by the Publisher will no longer be accessible.
4.3.7. Response Times
The Publisher undertakes to respond to your request for access, rectification or objection or any other request for additional information within a reasonable period which shall not exceed 1 month from the receipt of your request.
4.3.8. Complaint to the competent authority
If you believe the Publisher is not fulfilling its obligations regarding your personal information, you can file a complaint or request with the relevant authority. In France, the relevant authority is the CNIL, which you can contact here .
4.4. Transfer of collected data
4.4.1. Transfer to partners
The Publisher informs you that we use authorized service providers to facilitate the collection and processing of the data you have provided. These providers may be located outside the European Union and have access to the data collected on the Site.
The Publisher has previously ensured that its service providers implement adequate safeguards and comply with strict conditions regarding confidentiality, use and data protection, for example via the US Privacy Shield.
The User consents to the data collected being transmitted by the Publisher to its partners and being processed by these partners within the framework of third-party services, namely:
Google, Google Analytics, Google Adwords, Google Forms, Facebook Ads manager, Facebook Analytics, OVH, Facebook, Twitter, Instagram, Youtube, LinkedIn.
4.4.2. Transfer upon requisition or court order
The User also consents to the Publisher disclosing the collected data to any person, upon request from a state authority or by court order.
4.4.3. Transfer in the context of a merger or acquisition
If the Publisher is involved in a merger, sale of assets, financing transaction, liquidation or bankruptcy or in an acquisition of all or part of its business by another company, the User consents to the data collected being transmitted by the Publisher to that company and to that company carrying out the personal data processing referred to in this privacy policy in place of the Publisher.
ARTICLE 5. TRACKER/COOKIE POLICY
When you first connect to the Publisher's website, a banner at the bottom of your screen informs you that information relating to your browsing activity may be stored in files called "cookies." Our cookie policy helps you better understand the measures we implement regarding browsing on our website. It informs you in particular about all the cookies present on our website, their purpose, and provides instructions on how to configure them.
5.1. Use of trackers/cookies
The Publisher of this Site may place a cookie and other tracker on the hard drive of your device (computer, tablet, mobile, etc.) in order to guarantee you a smooth and optimal browsing experience on our website.
“Cookies” (or connection tokens) are small text files of limited size that allow us to recognize your computer, tablet or mobile device in order to personalize the services we offer you.
To better inform you about the information that cookies identify, you will find below a table listing the different types of cookies that may be used on the Publisher's website, their name, their purpose and their retention period.
5.2. Purposes of trackers
With the help of the information contained in the trackers and cookies used, the Publisher can analyze the traffic and use of the Site and, where appropriate, facilitate and improve navigation, carry out prospecting operations, develop commercial statistics or display targeted advertisements.
5.3. Tracers used
Cookie provider: Shopify
Link to the publishers' privacy policies: https://www.shopify.com/legal/cookies
Purposes: Access to secure areas, management of browsing history
5.4. Configuring your cookie preferences
When you first visit the Publisher's website, a banner briefly displaying information about the use of cookies and similar technologies will appear at the bottom of your screen. This banner allows you to choose which cookies you accept or refuse. You will be deemed to have consented to the use of cookies by clicking the "I accept" icon, either globally or individually. Conversely, you will be deemed to have refused the use of cookies by clicking the "I refuse" icon; again, this choice may apply to all cookies or only some of them. If no choice is made, you will be deemed to have refused the use of cookies. Your decision will be saved for 6 months and can be modified at any time.
5.4.1 Cookies exempt from consent
In accordance with the recommendations of the French Data Protection Authority (CNIL), certain cookies are exempt from the requirement to obtain your prior consent because they are strictly necessary for the operation of the website or have the sole purpose of enabling or facilitating electronic communication. These include session ID cookies, authentication cookies, load balancing session cookies, and cookies for personalizing your interface. These cookies are fully subject to this policy insofar as they are issued and managed by the Publisher.
5.4.2 Cookies requiring your prior consent
This requirement concerns cookies issued by third parties and which are described as "persistent" insofar as they remain on your device until they are deleted or their expiry date.
Since such cookies are issued by third parties, their use and storage are subject to their own privacy policies. This category of cookies includes audience measurement cookies, advertising cookies, and social media sharing cookies (such as those from Facebook, Twitter, YouTube, and Instagram).
Audience measurement cookies generate statistics regarding the traffic and use of various elements of the Site (such as the content/pages you have visited). This data helps improve the user-friendliness of the Publisher's Site.
5.5. Maximum retention period for tracers
The trackers are intended to be stored on the User's computer for up to 12 months. This data is stored securely, using current technological means, in compliance with the provisions of the General Data Protection Regulation and applicable national legislation.
5.6. Objection to the use of trackers
5.6.1. Right to object to the use of trackers
You can accept or refuse the use of cookies at any time.
Users can delete or disable the use of cookies at any time by modifying their browser settings. It is possible to browse the Site without cookies. However, some of the Site's features may not function if cookies are disabled, such as form auto-completion or navigation indicators.
5.6.2. Settings
For more information about cookie management tools, you can consult the dedicated page on the CNIL website here .
5.6.2.1. Browser settings
Each web browser offers its own cookie management settings. Users can configure their browser to reject cookies, either systematically or based on their origin. Users can also configure their browser to prompt them to accept or reject cookies on a case-by-case basis before a cookie is likely to be stored on their device.
Each browser has a different configuration for managing cookies and user preferences. This is described in the browser's help menu, which will explain how to modify your cookie settings.
5.6.2.2. Settings using add-on modules
The User can also delete or object to the placement of cookies on their computer by installing an extension on their browser, such as Ghostery, which can be downloaded here .
ARTICLE 6. INTELLECTUAL PROPERTY
6.1. Legal Protection of Site Content
The Site's Content may be protected by copyright and database rights. Any representation, reproduction, translation, adaptation, or transformation, in whole or in part, carried out illegally and without the consent of the Publisher or its successors or assigns constitutes a violation of Books I and III of the Intellectual Property Code and may give rise to legal proceedings for infringement.
6.2. Contractual Protection of Site Content
The User contractually agrees with the Publisher not to use, reproduce, or represent, in any way whatsoever, the Site's Content, whether or not protected by intellectual property rights, for any purpose other than its reading by a web crawler or browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the Site's content for indexing purposes.
ARTICLE 7. FINAL STIPULATIONS
7.1. Modifications
This Privacy Policy may be modified at any time by the Publisher. The terms applicable to the User are those in effect at the time of their connection to the Site. Any substantial modification to this Privacy Policy will be communicated to the User upon their first connection following its entry into force. This new Privacy Policy will then require acceptance.
7.2. Entirety
The invalidity of any clause of this contract shall not invalidate the other clauses of the contract or the contract as a whole, which shall remain in full force and effect. In such a case, the parties shall, to the extent possible, replace the invalidated provision with a valid provision that corresponds to the spirit and purpose of this contract.
7.3. Non-waiver
The Publisher's failure to exercise any of the rights granted to it hereunder shall in no case be construed as a waiver of such rights.
7.4. Languages
These terms and conditions are offered in French.
7.5. Unfair terms
The stipulations of these conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.
ARTICLE 8. DISPUTES
8.1. Applicable Law
This Privacy Policy is subject to the application of French law and European regulations, in particular the European General Data Protection Regulation (GDPR).
8.2. Disputes
Pursuant to Order No. 2015-1033 of August 20, 2015, any disputes that may arise in connection with the execution of these general terms and conditions and for which a solution could not be found amicably beforehand between the parties must be submitted to Medicys .
8.3. Arbitration
Any dispute relating to or arising out of this contract shall be settled by arbitration in accordance with the FastArbitre rules of the Digital Institute of Arbitration and Mediation.