General Data Protection Regulation

ESPACES ATYPIQUES attaches great importance to the protection and respect of privacy and personal data (“Personal Data”) of users of its website (hereinafter the “Site”).

ESPACES ATYPIQUES undertakes to implement adequate measures for the protection, confidentiality and security of Personal Data in accordance with the regulations in force in France and in the European Union, in particular the General Regulations on the Protection of Personal Data EU 2016/679 of 27 April 2016 and the rules of national law adopted for its application.

Users are informed by this charter (the “Charter”) of the practices and treatments inherent to the collection and use of Personal Data by ESPACES ATYPIQUES as a controller.

As a result, ESPACES ATYPIQUES invites users to read this document carefully to know and understand the processing of Personal Data.

It is specified that by browsing the Website, users accept this Policy and the general conditions of use.

ARTICLE 1. PERSONAL DATA COLLECTED

Users are required to provide their Personal Data in digital format when using the Site.

1.1 Principles applicable to the collection of Personal Data

In general, users can browse the Site without necessarily having to communicate to ESPACES ATYPIQUES Personal Data. ESPACES ATYPIQUES collects only the Personal Data needed to carry out the treatments it sets up and ensures a high level of protection. As such, the treatments requiring the collection of data are as follows:

Respond to inquiries (contact forms for visit requests, valuation, information and / or additional photos of a property);

Perform a contract given by the users;

Participate in surveys to improve relationship and customer experience with ESPACES ATYPIQUES;

Send newsletters, informational or commercial email alerts;

Apply for job offers. In this case, personal information collected from users is: (i) Last Name (s), (ii) First Name (s), (iii) Email Address, (iv) Telephone Number.

This Personal Data is then kept for the time needed to fulfill the users request. In the absence of concrete realization, they are suppressed within the deadlines recommended by the CNIL, that is to say after three years from their collection by the Site subject to the possibilities and legal obligations with regard to archiving, obligations of conservation of certain data and / or anonymisation.

1.2 Website User Navigation Information

When using the Site or certain services related to the Site, certain data are collected automatically such as: (i) IP address, (ii) reference of the navigation software used, (iii) navigation data (date, time, content accessed, search terms used, etc.), (iv) operating system references.

Among the technologies used to collect this information, ESPACES ATYPIQUES may use “php” sessions that store each user’s data using a unique session identifier. These php sessions keep the data in memory only the browsing time of the users.

The data collected during browsing are thus deleted at the moment when the user’s browser closes, or, where appropriate, within a maximum of thirteen months from their collection.

ARTICLE 2. LEGAL BASIS FOR THE COLLECTION AND PROCESSING OF PERSONAL DATA

The Personal Data are processed by ESPACES ATYPIQUES in the cases authorized by the regulations in force and under the following conditions:

Obtaining free, specific, informed and unambiguous consent of users to the processing of their Personal Data (it is specified that for minors under 18, consent must be given by the legal representative);

Collection of Personal Data required to execute the user request;

Compliance with legal and / or regulatory obligations imposed on ESPACES ATYPIQUES (such as the fight against fraud and corruption);

Protection of the legitimate interests of ESPACES ATYPIQUES (such as the protection of the security of its computer network).

ARTICLE 3. RECIPIENTS OF PERSONAL DATA COLLECTED

Only the authorized personnel of the group and providers of ESPACES ATYPIQUES may have access to the Personal Data collected and be led to process them, without prejudice to their possible transmission to the bodies in charge of a control mission or Inspection in accordance with the legislation and / or regulations in force or for the purpose of responding to a judicial or administrative decision.

The authorized staff is subject to an obligation of discretion.

ESPACES ATYPIQUES undertakes not to market to third parties the Personal Data collected.

ARTICLE 4. TRANSFER OF PERSONAL DATA

The Personal Data collected from users of the Site are exclusively kept in France and are not transferred outside the European Union.

In the event of recourse to affiliates or service providers located outside the European Union, ESPACES ATYPIQUES undertakes to check that appropriate measures have been put in place so that the Users’ Personal Data benefit from an adequate level of protection.

ARTICLE 5. DATA SECURITY

ESPACES ATYPIQUES collects and processes the Personal Data of Users with the utmost confidentiality and in compliance with applicable laws. Users are protected against unauthorized access, modification, disclosure or destruction of their Personal Data.

When the disclosure of Personal Data to third parties is necessary and authorized, ESPACES ATYPIQUES ensures that these third parties guarantee to the Personal Data concerned the same level of protection as that offered to them by ESPACES ATYPIQUES, and requires contractual guarantees so that the Personal Data are exclusively processed for the purposes accepted by the users, with the required confidentiality and security (eg through European Commission standard clauses, Internal Business Rules or the Data Protection Shield set between the European Union and the United States of America).

ESPACES ATYPIQUES puts in place technical and organizational measures to ensure that the retention of Personal Data is secure and for the time necessary for the pursuit of the purposes pursued.

Users’ attention is drawn to the fact that no transmission or storage technology is totally foolproof.

Also, in case of proven violation of the Personal Data may create a high risk for the rights and freedoms of users, ESPACES ATYPIQUES will inform the relevant supervisory authority of this violation in the manner provided by the applicable regulations.

It is up to users to exercise caution to prevent unauthorized access to their Personal Data and especially to their computer and digital terminals (computer, smartphone, tablet in particular).

ARTICLE 6. LINKS TO OTHER WEBSITES

The Site may occasionally contain links to third-party or partner websites that have their own data protection policies.

ESPACES ATYPIQUES has no control over the content of these sites and disclaims any responsibility for the use made of the information collected when users click on these links.

ESPACES ATYPIQUES invites users to read the data protection policies implemented by the publishers of these sites before transmitting any personal information about them.

ARTICLE 7. RIGHTS OF USERS

It is recalled that users have the following rights, subject to the limitations provided by the legislation in force:

7.1. Right of information on the processing of Personal Data

ESPACES ATYPIQUES undertakes to deploy its best efforts to provide concise, transparent and accessible information on the conditions of processing of the Personal Data of users.

7.2. Right of access to the Personal Data

Each user can access the Personal Data subject to treatment by ESPACES ATYPIQUES and has the right to receive a copy in electronic form (for any additional copy, ESPACES ATYPIQUES will be entitled to ‘require payment of fees based on administrative costs incurred).

7.3. Right of erasure (“right to be forgotten”) and rectification of Personal Data

Each user has the right to request the deletion and / or rectification of Personal Data concerning him when they are erroneous or obsolete. It is specified that ESPACES ATYPIQUES may retain certain Personal Data when the law requires it or if there is a legitimate reason.

7.4. Right of opposition

Users may object at any time for legitimate reasons:

the use of their Personal Data for direct marketing purposes or the reuse of their Personal Data for different treatments than those granted, except in the case of performance by ESPACES ATYPIQUES of one of its legal obligations.

7.5. Right to limitation of processing of Person Data

Users have the right to request that the processing performed on their Personal Data be limited to what is necessary. This right is applicable only:

if the user disputes the accuracy of his Personal Data;

if the user can establish that the processing of his Personal Data is unlawful and requires a limitation of their use rather than an erasure;

if ESPACES ATYPIQUES no longer needs the Personal Data of the user but that these are still necessary to the user for the finding, exercise or defense of rights in court;

if the user objects to the treatment based on the legitimate interest of the controller, during the verification as to whether the legitimate grounds pursued by the data controller take precedence over those of the user.

7.6. Right of complaint to a supervisory authority

If the users consider that the efforts made by ESPACES ATYPIQUES to preserve the confidentiality of the Personal Data do not guarantee the respect of their rights, they have the possibility to lodge a complaint with the competent supervisory authority (CNIL or any other authority mentioned on the list available from the European Commission).

7.7. Right to portability of Personal Data

Users are entitled to the portability of their data, authorizing them to obtain ESPACES ATYPIQUES their Personal Data in a structured, commonly used and machine-readable format and to request that such Data Personal data will be forwarded to another controller.

7.8. Right to decide the fate of Personal Data after death

Users also have the right to organize the fate of their Personal Data after their death by the adoption of general or specific guidelines that ESPACES ATYPIQUES agrees to respect.

In the absence of such directions, ESPACES ATYPIQUES recognizes the heirs the possibility of exercising certain rights, especially the right of access if it is necessary for the settlement of the estate of the deceased and the right of opposition.

7.9. Conditions for the exercise of rights

To exercise their rights, users are invited to kindly approach ESPACES ATYPIQUES Personal Data Protection Delegate as described in Article 10.

It is specified that to help them exercise their rights, the CNIL makes available on its website models of letters (www.cnil.fr).

Before processing the request (s) of the users, ESPACES ATYPIQUES will be able to verify their identity by asking them for a proof of identity.

The Delegate for the Protection of Personal Data will respond to their request (s) as soon as possible and in any case one (1) month from the proof of identity.

If necessary, this period may be extended by an additional two (2) months given the complexity and the number of requests, with ESPACES ATYPIQUES then undertaking to inform the users of the extension and the reasons for the postponement.

ARTICLE 8. MODIFICATION OF THE CHARTER OF PERSONAL DATA PROTECTION

ESPACES ATYPIQUES reserves the right to make, at any time, modifications to this Privacy Policy in order to comply with legislative and regulatory changes and / or improve its policy of treatment and protection of Personal Data.

In case of modification, a new version will be updated and put on line with the date of “Last update”.

ARTICLE 9. APPLICABLE LAW AND COMPETENT TRIBUNAL

This Charter is subject to French law, including the provisions applicable to the rules of private international law.

IN FAIL OF AMICABLE AGREEMENT, THE JURISDICTION IS GIVEN TO THE COURT OF APPEAL OF PARIS NOTWITHSTANDING PLURALITY OF DEFENDERS AND / OR CALL IN WARRANTY TO KNOW OF ANY DISPUTE RELATING TO THE USE OF THE SITE AND / OR THE VALIDITY, EXECUTION AND INTERPRETATION OF THESE TERMS.

ARTICLE 10. CONTACT

For any question regarding this Charter for the purpose of rectification, supplement or update, users are invited to contact ESPACES ATYPIQUES :

by sending an email to the Data Protection Officer at dpd@espaces-atypiques.com;

or by sending a letter to the following address: ESPACES ATYPIQUES РData Protection Officer РS̩verine MELINGER Р64 rue des Tournelles Р75003 PARIS.