1. DEFINITIONS AND LAW APPLICABLE TO THE CHARTER 1.1. Definitions
” designates this document, which is accessible on the http://fr.email-attitude.com
Website (hereafter referred to as the “Website
”), at the address http://fr.email-attitude.com/Charte.aspx
and finding its equivalent in other websites and services of the 1000mercis Group. The provisions of this Charter are protected by copyright and are the exclusive property of the 1000mercis Group. They may not be reproduced or used, in whole or in part, for the requirements of any professional activity other than journalism, without prior written authorisation from 1000mercis.
” designates any natural person who accesses the Website, uses or is registered for one of Our services governed by this Charter, or who consults or is a member of one of Our Partners’ services and whose Personal Data and/or Browsing Data We may be led to process, while respecting this Charter and applicable law.
”, “1000mercis Group
”, designates the companies of the 1000mercis Group and their Service Providers which may, under certain conditions described below, be led to collect, use, store or share Browsing Data and Personal Data created or modified on the following occasions: Your access to or Your use of the Website or of Our services, the receipt of an offer issued by one of Our services or a visit to one of Our Partners’ electronic communication services.
” designates any company that may be led to process Data on Our behalf, in accordance with Our instructions.
” designates any company other than those that make up the 1000mercis Group, their Service Providers and Third Parties, bound to 1000mercis by a contract concerning the Email Attitude service.
” designates any company(s) or public entity or entities (judicial power or administrative authority) other than Us, Our Service Providers and Our Partners.
” designates the equipment (computer, smartphone, telephone etc.) that You use in order to access the Website, to use one of Our Services, to receive offers issued by Our Services or to consult one of Our Partners’ electronic communication services.
” designates the identification number allocated by your Internet access provider to Your Terminal at the time of its connection to the Internet via the Internet protocol (TCP/IP: Transfer Control Protocol/Internet Protocol), which We may be led to process when You consult the Website, one of Our Services, or one of Our Partners’ electronic communication services.
” designates a text file that can be recorded, subject to your agreement expressed in accordance with the applicable French regulations, in a dedicated area of the hard disk of your Terminal, when you consult one of Our services or one of Our partners’ electronic communication services. A Cookie file allows its issuer to identify the Terminal on which it is recorded, throughout the period during which the Cookie is valid or recorded.
” designates data relating to the connection of a Terminal to the Internet or to an electronic communication service at a given moment. We may process Browsing Data under the conditions set out under this Charter, even if We do not necessarily know which Terminal You are using, or who You are at a given moment.
”: within the framework of Our Charter, this expression designates data relating solely to You at a given moment, independently of the Terminal you use. 1.2. Applicable law and control mechanisms
Our Users’ and Members’ rights, governed by Our Charter are subject to French law and to the international texts and treaties applicable in France.
Email Attitude protects the personal data and privacy of its Members in accordance with the strictest European and French rules applicable in the matter. The processing of personal data carried out within the framework of Our Email Attitude service has been legally declared to the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés / CNIL) under the number 1097571.
In addition, this processing is subject to continuous internal controls placed under the authority of our appointed “Data Protection Correspondent” (“Correspondant Informatique & Libertés” / CIL) to the CNIL. You can contact our Correspondent for further information, at any time, by writing to him at email@example.com
This Charter does not apply to services or Data processing implemented by Our Partners, or to the practices of Third Parties outside of the 1000mercis Group, upon which the 1000mercis Group does not exercise any control.
2. ORIGIN OF OUR MEMBERS’ CONTACT DETAILS
The Email Attitude service is a service for the selection and distribution of special offers via electronic mail (e-mail, SMS, MMS) and via postal mail. Addressees of the special offers distributed by Email Attitude via electronic mail may only be Members of the Email Attitude service where the following preconditions are fulfilled. 2.1. Formal and prior consent from Our Members
Persons may only be registered for the Email Attitude service on the condition of having directly provided their contact details (e-mail address, mobile telephone number, postal address) to one of our Partners or to Us. You can consult the list of our Partners at any time by consulting Our Website http://fr.email-attitude.com/Partenaires.aspx
If necessary, at the time of collecting their contact details, these persons were informed by Our Partners:
- of the whole of the pieces of information provided for by the French Data Protection Act (Loi Informatique & Libertés) no. 78-17 of 6th January 1978 amended (identity of the Partner, commercial purpose of use of the Data, possible addressees of the Data), as well as;
- the rights that they hold under the French Data Protection Act: right of access, rectification, deletion and objection, without grounds and without cost, to the commercial use of their contact details by the Partner concerned;
- that they could give their express consent (by ticking a box, by choosing an option in a drop-down menu), to the use or passing on of their contact details for the purposes of commercial canvassing by electronic mail (e-mail, SMS, MMS), to third parties such as Our Email Attitude service.
These persons have then expressed their prior, explicit and informed free consent, directly in the media in which they supplied their contact details, to receive commercial canvassing via electronic mail (e-mail, SMS, MMS) from third parties other than the Partner concerned, such as the Email Attitude Service. 2.2. Confirmation or withdrawal of consent before any electronic canvassing
After their explicit consent was received (point 2.1 above), the persons concerned were informed by e-mail by Our Partner that they could receive commercial offers from Our Email Attitude service via electronic mail, in accordance with their wish, except in the case where they wished to retract their choice with regard to Our Email Attitude service in particular.
On this occasion, they were reminded of the purpose of Our Email Attitude service (the sending of commercial offers via electronic mail) by Our Partner and the persons concerned were placed in a position of being able to inform Our Partner, on receipt of the latter’s message of additional information, that finally they did not want to allow their contact details to be used by Our Email Attitude service for the purpose of canvassing via electronic mail (e-mail, SMS, MMS).
These persons only actually became Members of Our Email Attitude service, and it was only possible for a first commercial message from Email Attitude to be sent to them by Us, because of the absence of notification on their part of a change in their wishes with regard to participation in Our Email Attitude service in particular.
3.PERSONAL DATA PROCESSED BY EMAIL ATTITUDE 3.1. Personal Data supplied by Our Members at the time of their registration
At the time of registration of a Member with Email Attitude, the Personal Data relating to them (first name, surname, e-mail address, postal address etc.) is passed on to Us by the Partner to whom the Member freely gave their prior consent to receiving commercial canvassing on Our part (point 2 above). 3.2. Personal Data supplied by Our Members after their registration
Occasionally, Email Attitude may also ask its Members for additional information on their consumer preferences and habits, their socio-economic situation etc. Our Members are clearly informed of the optional nature of their answers. They may refrain from answering us. In addition, they can at any time object to receiving any other canvassing on the part of Email Attitude by unsubscribing (point 4.1 below). 3.3. The purpose for which Our Members’ Personal Data is used
Members’ Personal Data is processed by Email Attitude for the purpose of allowing Us to send general and targeted special offers, as well as for establishing statistics and analyses described under point 5.2.2 below. 3.4. Email Attitude is the sole beneficiary of its Members’ Personal Data
Our Email Attitude service is the sole beneficiary of its Members’ Personal Data. We may call upon Service Providers, which may be led to send general and targeted canvassing on Our behalf, on Our instructions and in the strictest confidentiality, via e-mail, SMS, MMS and postal mail.
Incidentally, Email Attitude can propose registration with its Partners’ services to its Members. If Members register with these Partners’ services, accordingly, Email Attitude may be led to pass on the Personal Data concerning these Members to the Partners concerned, which is necessary for taking their registration with these Partners’ services into account. 3.5. Security of the Personal Data processed by Email Attitude
Email Attitude undertakes to respect confidentiality and not to make Members’ Personal Data known to third parties, except in the cases provided for in this Charter and under applicable law. Email Attitude also implements all appropriate technical and organisational measures to ensure security and protect the Personal Data that it processes, against access by Third Parties, in accordance with applicable law.
4. MEMBERS’ RIGHTS WITH REGARD TO USE OF THEIR PERSONAL DATA 4.1. The possibility of unsubscribing at any moment and via each of Our canvassing messages
In accordance with applicable law, each electronic canvassing message sent (by e-mail, SMS or MMS) by Our Email Attitude service to one of Our Members, includes a means of immediately unsubscribing, allowing Our Members to inform Us that they do not wish to receive any more electronic canvassing from Email Attitude.
If necessary, these people are unsubscribed from Our Email Attitude service. They will not receive any more electronic canvassing from Email Attitude, unless they register again, by once again following the process described under point 2 above.
If Members do not wish to receive offers by postal mail from Email Attitude, they can inform Email Attitude of this at any time by sending a letter indicating their complete contact details accompanied with a photocopy of their identity card to: 1000mercis - Email Attitude, 28 rue de Châteaudun 75009 Paris. 4.2. Rights of access, modification and deletion of Personal Data
In accordance with applicable law, every Member has rights of access, rectification and deletion, as well as the right to object to the use by Email Attitude of the Personal Data concerning them processed by Email Attitude (point 4.1 above). Members can therefore require that Personal Data concerning them – that may be incorrect, incomplete, equivocal or out of date, or which they no longer wish Email Attitude to use – be rectified, completed, clarified, updated or deleted.
To exercise these rights, all members may, at any time, send an electronic mail including their contact details to Email Attitude (firstname.lastname@example.org
) or a postal letter indicating their full postal address, accompanied with a photocopy of their identity card to: 1000mercis - Email Attitude, 28 rue de Châteaudun 75009 Paris.
5. BROWSING DATA PROCESSED BY EMAIL ATTITUDE
Since its creation, the 1000mercis Groups has always strived to foresee consumers’ and Internet users’ expectations, both with regard to the protection of their privacy, and in commercial matters. Our ultimate ambition is to send offers to Our Members which can indeed interest them and which are more pertinent and less frequent than those distributed by our competitors.
Thus, in order to adapt the frequency of messages and the type of offers sent by Email Attitude to its Members, We process Browsing data attached to their Terminal(s) and to the web browsers used by their Terminal(s). 5.1. What is Browsing Data?
It concerns, in particular,
5.2. What do We use it for? 5.2.1. For making Our services secure
- the IP (Internet Protocol) Address of the Terminal connected to Internet,
- the date and time of connection of a Terminal to an electronic communication service,
- the URL (Internet address) of the Internet page from which (“referrer”) the Terminal accesses an electronic communication service,
- the URL (Internet address) of the Internet page accessed by the Terminal consulting an electronic communication service,
- the type of operating system used by the Terminal (Windows, Mac OS, Linux, Unix, BeOS. etc.),
- the type and the version of the web browser used by a Terminal (Internet Explorer, Safari, Firefox, Chrome, Opera, etc.),
- the language of use of the web browser used by the Terminal,
- the identifier and the content of a Cookie file stored on Our initiative in the Terminal.
Legally, certain pieces of Browsing Data have to be kept in order to allow Us to ensure the security of Our electronic communication services and to detect, avoid and find attempted cases of criminal intent or computer system intrusion or violation of the conditions of use of Our services. This is the case with regard to the IP address and the dates and times of connection of a Terminal to one of Our Services. 5.2.2. For measuring receipt and consultation of Our electronic mails
We may be led to process Browsing Data on the occasion of the receipt or consultation of electronic canvassing that We have sent to a Member. This Browsing Data can in particular come from the Cookies that We use within the electronic mails that we distribute, subject to the choices expressed by the Members concerned in their web browsers and to Us. This Browsing data allows Us:
5.2.3. For adapting the electronic mails to the Members to whom We send them
- to count the Terminals receiving and accessing electronic canvassing messages sent by Email Attitude to its Members,
- to establish statistics of receipt and consultation by Our Members of the electronic canvassing messages that We send to them and,
- to provide for the follow-up and base for invoicing Our Partners for Our services of direct canvassing of Our Members via electronic mail.
We may be led to process Browsing Data concerning the reaction of Members to electronic mails (e-mail, SMS, MMS) that We have sent them: was this mail received and consulted, did the Member react to the content of this mail or not, did they visit the online service promoted by this mail or not, did the Member subscribe to the promoted offer, etc.?
This Browsing Data, associated with a Cookie issued by Email Attitude, also concerns consultation of Our Partners’ electronic communication services via Members’ Terminals. If necessary, this Navigation Data can allow Us to determine what electronic canvassing (via e-mail, SMS or MMS) is likely to be of interest to Members, according to Our Partners’ electronic communication services previously consulted via their Terminals, unless You inform Us of your opposition to this (point 6.2 below).
However, when a Member’s Terminal is used by several persons, and when the same Terminal possesses several web browsers, We cannot make sure that the electronic canvassing sent to the Member corresponds to their own use of their Terminal and not to that of their Terminal’s other users.
If necessary, sharing use of their Terminal with other persons comes within the Member’s free choice and responsibility. In addition, the Member’s management of the parameters for the protection of their privacy offered by their Terminal’s web browser(s), comes within their free choice and their sole responsibility. 5.2.4. For adapting the electronic mails to the Terminals to which We send them
The Browsing Data allows us to adapt the content or display of an electronic mail to the Member’s Terminal for which We intend it, while determining:
- the language used by the Member’s Terminal,
- the display resolution of the content of the electronic mail (e-mail, SMS, MMS) that We send, according to the screen of the addressee Member’s Terminal,
- the contents that the Member’s Terminal can display or read, according to the graphics card and the display or reading software that the Terminal possesses.
6.MEMBERS’ RIGHTS WITH REGARD TO USE OF THEIR PERSONAL DATA 6.1. Rights offered to Members by their web browser
The recording of Cookies in Terminals is subject to the wishes of the user of the Terminal. The latter can express and change these wishes at any time via the choices offered to him by his web browser, in accordance with applicable law.
In order to find out the options offered by Your web browser and the practical details for the deletion of Cookie files stored in Your Terminal, according to the browsers installed on your Terminal, We invite You to consult the “Vos Traces” (“Your Traces”) section of the CNIL (Commission Nationale de l'Informatique & des Libertés, the French Data Protection Authority) website: http://www.cnil.fr/vos-libertes/vos-traces/les-cookies/en-savoir-plus/
. 6.1.1. Acceptance of Cookies
If, in Your web browser, You have accepted the recording of Cookies in Your Terminal, the Cookies that We issue can be temporarily stored in a dedicated area of your Terminal. In these cases, We can carry out the processing of Your Browsing Data described under points 5.2.2 and 5.2.3 above, subject to the rights that You have exercised in relation to Us (point 6.2 below). 6.1.2. Refusal and deletion of Cookies
If, in Your web browser, You have refused the recording of Cookies on Your Terminal, or if You delete the Cookies that We have recorded there, We will not be (or will no longer be) able to carry out the processing of Your Browsing Data described under point 5.2.3 above. 6.2. Additional rights given to Members by Email Attitude
If Your web browser’s options allow the recording of Our Cookies in Your Terminal (point 6.1 above), Email Attitude can adapt the electronic canvassing that may to be sent to You via e-mail, SMS or MMS, according to the Your Terminal’s Browsing Data on Our Partners’ services (point 5.2.3 above).
However, Email Attitude allows You to object at any time to such adaptation of the electronic canvassing that We may send You.
If You do not wish to receive electronic canvassing from Us which is adapted to Your Terminal’s Browsing on Our Partners’ services, simply click here
. If necessary, the electronic canvassing that may be sent to You by Email Attitude will not be adapted to the centres of interest resulting from Your Terminal’s Browsing.
Email Attitude does not limit itself to entering your Choices in the Cookies recorded in Your Terminal. Indeed, if you should delete these Cookies, Your choices disappear with them.
Email Attitude will respect Your choices throughout the period of conservation of Your Personal Data by Email Attitude. Thus, the right to object that You may exercise in relation to Us, with regard to canvassing adapted to Your Terminal’s Browsing, will be respected by Email Attitude in a permanent manner, independently of Your Terminal’s recorded or deleted Cookies.
7. ABOUT US
Email Attitude, including the http://fr.email-attitude.com
Website, is a service provided by 1000mercis, a stock corporation (société anonyme) under French law with a capital of 310,594 euros, whose registered address is 28 rue de Châteaudun 75009 Paris, France, registered in the trade and companies register (RCS) of Paris under the number B 429 621 311, represented by Mrs Yseulys Costes, Chair.
Email Attitude may be contacted for any questions by writing to email@example.com
or by calling 00 33 (0)1 49 49 06 64 between 9:00 a.m. and 7:00 p.m. (Paris time) on working days (excluding weekends and French bank holidays).
Website is hosted by Colt Technology Services, 23-27 rue Pierre Valette, 92247 Malakoff Cedex, France.