KEIN VERSAND ZWISCHEN DEM 9. UND 22. AUGUST 

Legal notice and privacy policy of the Orchidée-Diffusion website

PHYTO-DIFFUSION is a simplified joint stock company, "Société par actions simplifiée" in french (Company with a single associate), with a registered capital of 10,000 euros, registered in the Meaux Trade and Companies Register under number 825 159 0569, whose registered office is located at 15 rue Massenet - 77360 Vaires sur Marne (France) and which operates under the trade name Orchidée-Diffusion. 

Its intra-community VAT number is FR29825159056

The company is specialised in the purchase and resale of plants without composition - cultivation material for individuals and professionals - purchase and resale of all ornamental decoration products and in general, manufacturing products.

PHYTO-DIFFUSION specialises in the online sale of orchids, plants and accessories.

PHYTO-DIFFUSION is the owner and publisher of the Orchidée Diffusion Website (available under www.orchidee-diffusion.com), through which PHYTO-DIFFUSION's customers order all of the aforementioned products.

The www.orchidee-diffusion.com Website is published by PHYTO-DIFFUSION, a simplified joint stock company (Company with a single shareholder), with a share capital of 10,000 euros, registered in the Meaux Trade and Companies Register under number 825 159 0569, whose registered office is located at 15 rue Massenet - 77360 Vaires sur Marne (France)Email : nicolas@orchidee-diffusion.com

The publishing director is Nicolas FLOTTES

The site is hosted by the company EMONSITE

The collected Personal Data are hosted by EMONSITE
19 RUE LAMARTINE 80000 AMIENS

3.1 Definition of terms

In the following privacy policy, words or expressions beginning with a capital letter shall have the following meaning:

Customer: means any person, acting as a consumer, who purchases a Product sold on the Site. 

Personal Data: means any information that may allow a natural or legal person to be identified directly or indirectly (surname; first name; email address; IP address; browsing data; etc.), in accordance with the definition given by Article 4 of the European Union's General Data Protection Regulation (GDPR 2016/679). 

Party/Parties: means individually the Company or a User and collectively the Company and a User.    

Privacy Policy: means the present document. 

Company : means the PHYTO-DIFFUSION company

Website: designates the Internet website of which the Company is the publisher and owner meaning: www.orchidee-diffusion.com.

User: means any natural person who uses the Site and/or the Company's Services. The User who uses the Company's Services is also qualified as a Customer. 

3.2 Purpose

The purpose of this Privacy Policy is to define the principles and guidelines implemented by the Company in terms of processing Users' Personal Data.  

More specifically, this Privacy Policy details all the processing of the mentioned Data, the purposes pursued by the latter, as well as the means at the disposal of its Users to exercise their rights. 

For further information regarding the protection of Personal Data, the Company recommends that Users visit the CNIL website (www.cnil.fr).

3.3 Field of Application

La présente Politique de Confidentialité s’applique à l’ensemble des traitements de Données à Caractère Personnel des Utilisateurs, effectués par la Société. 

This Privacy Policy applies to all processing by the Company of Users' Personal Data.

3.4 Personal Data

Collection of Personal Data 

Personal Data is collected by the Company through the www.orchidee-diffusion.com Website (in particular through forms or when Users register), cookies, scripts and the User's browser.

Types, purposes and duration of processing of Personal Data collected 

In accordance with the (french) law 78-17 of January 6, 1978, modified by the laws of August 6, 2004 and June 20, 2018, the Company undertakes to process the Personal Data of its Users, in order to : 

Manage the “customer relationship”

The Company processes Personal Data in order to manage the "customer relationship", for instance by recording basic information about the Users, by communicating with them or by managing their account on the website. 

In this respect, the Company manages the User's identity information (first name, surname) and contact information (telephone number and email address, postal address). 

The processing is necessary for the Company to fulfil its obligations towards the Users, in accordance with its general terms of sale.

These Personal Data are kept for the purposes explained above, for the duration of the "customer relationship" and normally for a period of one (1) year from the date of registration. 

Respond to requests

The Company processes Personal Data in order to respond to Users' requests, for instance regarding a pending or Customer claim. 

The Company processes the following Personal Data in order to respond to Users' requests: identity information (first and last name of the User) and contact information (telephone number and postal address and e-mail address). 

The processing is motivated by the Company's legitimate interest in answering its Users' questions and offering them a quality customer service. 

If the User does not become a Customer, the information he/she provides to the Company voluntarily will be processed as a result of his/her explicit consent.

This Personal Data is kept for this purpose for six (6) months if the User is not a Customer, or, if he/she is a Customer, for the entire duration of the "customer relationship" and normally for a period of one (1) year from the date of registration.  

Manage customer complaints

The Company processes Personal Data in order to process Customer's claims, for example by assessing whether the claim can actually be made.

The Company processes the following Personal Data to handle claims: identity information (first name, last name,) and contact information (telephone number, postal address and e-mail address); information about the Customer's bank account. 

The processing is necessary for the Company to fulfil its obligations to Users in accordance with its general terms and conditions. 

This Personal Data is kept for the purposes explained above, for the duration of the "customer relationship" and normally for a period of one year (1) from the date of registration. 

Proposal of offers

The Company processes the Personal Data of the Users, in order to propose them offers related to its own Services, but also related to those of its partners. 

By transmitting his/her email to the Company, the User gives his/her consent to the Company to offer him/her electronic advertisements concerning its own Services, but also those of its partners. 

The User has the right to unsubscribe from the Company's offer lists at any time. 

The Company processes the following Personal Data in order to provide such offers to Users: identity information (first and last name) and contact information (telephone number, postal address and e-mail address).  

The processing is motivated by the legitimate interest of the Company to propose offers concerning its own Services, but also those of its partners. 

These Personal Data are kept for this purpose for six (6) months if the User is not a Customer, or, if he is a Customer, for the duration of the "customer relationship" and for a period of twelve (12) months, at the end of this relationship. 

Conducting surveys

The Company processes Personal Data for the purpose of conducting surveys, for example by sending out evaluations. 

The Company processes the following Personal Data for the purpose of conducting surveys with its Customers: identity information (first and last name) and contact information (telephone number and e-mail address).  

The processing is motivated by the Company's legitimate interest in receiving information on the perception of its Customers, particularly with regard to the Services it offers. 

This Personal Data is kept for this purpose for twelve (12) months from the date of the survey. 

Legal obligations

The Company processes Personal Data in order to fulfill its legal obligations, for example in terms of accounting. 

For this purpose, the Company processes the following Personal Data: : identity information (first and last name), contact information (telephone number postal address and e-mail address) and payment information. 

The processing is necessary for the Company to fulfil its legal obligations in accordance with national (French) and European laws and regulations. 

Lifecycle Management, Security Measures and Service Development

The Company processes Personal Data in order to manage the life cycles of its products and software, as well as to measure the security and development of its Services, for example by diagnosing errors or resolving bugs. 

The Company anonymizes Personal Data for these purposes. 

The processing is motivated by the legitimate interest of the Company. 

For these purposes, the Company processes the following Personal Data to monitor and evaluate its Services: identity information (first name, last name, social security number) and contact information (telephone number and e-mail address); information related to the Customer's bank account. 

This Personal Data is kept for the purposes explained above, for the duration of the "customer relationship" and normally for a period of one year (1) from the date of registration. 

Recipients of the Personal Data

Within the framework of the execution of its Services, the recipients of the Personal Data collected by the Company may be certain information services, partners.  

In addition, the Company has the right to disclose Users' Personal Data, if required by law or in the event of a breach of this Agreement by such Users.  

Transfer of Personal Data to third countries

The Company endeavors to process Personal Data within the EU/EEA, so that Users can be assured of the protection of such Personal Data.  

In some cases, however, Personal Data may be transferred to and processed by service providers located in countries outside the EU/EEA. 

To ensure that Personal Data is always protected, the Company implements appropriate security measures at all times, for example, through data protection agreements that require subcontractors to protect Personal Data in the same manner as the Company. A current list of countries to which the Company transfers Personal Data, if any, is available upon request. 

Users may also request information about the security measures implemented by the Company. 

3.5 Consent

Users' consent is presumed for the use of such Personal Data for the purpose of subscribing to the Services offered by the Company. 

When Users' Personal Data is used for marketing purposes, Users' prior express consent is required. Users always have the option to withdraw their consent by sending an email to: nicolas@orchidee-diffusion.com

3.6 Storage

The site is hosted by the company EMONSITE

The Personal Data collected are hosted by EMONSITE, 19 RUE LAMARTINE 80000 AMIENS

3.7 Security 

The Company undertakes to implement all necessary means to ensure the security and confidentiality of Personal Data.

Thus, in order to protect the Personal Data of the Users of its Site, the Company takes a set of precautions and follows the best practices in the matter, to ensure that the said Data are not lost, diverted, consulted, disclosed, modified or destroyed in an inappropriate way.

3.8 Cookies 

What is a cookie?

A cookie or tracer is an electronic file deposited on a terminal, such as a computer, a tablet or a smartphone, and in particular read when connecting to a website, reading an email, installing or using a software or a mobile application, regardless of the type of terminal used. 

Why does the Company use cookies? 

In particular, the proper functioning of the Site implies the presence of cookies implanted in the User's computer, at the time of connection, in order to record information relating to navigation (pages consulted, date and time of consultation, etc.) and the identity of its Users.   

When connecting to the Site for the first time, a banner explaining the use of cookies will appear. From then on, by continuing to browse, the visitor will be deemed to have been informed and to have accepted the use of said cookies. 

The User has the right to oppose the use of cookies by configuring his browser software. 

The User also has the option of withdrawing consent to the use of cookies at any time. 

Type of cookies used on the Site

Session cookies - these cookies expire when the User closes his/her web browser. The Company uses this type of cookie to, among other things, facilitate navigation on the Site. Some of these cookies are essential for the proper functioning of the Site. This means that if the User completely blocks the use of cookies, he/she will not be able to use all the functions of the Site. 

Persistent cookies - these cookies remain on the User's device for a specific period of time or until the User deletes them. This type of cookie is used to enhance the User's experience on the Site, including ensuring that the User does not have to log in each time they visit the Site. The Company also uses persistent cookie information to keep statistics on the Site, so that it can improve its Services based on what the User wants and likes. 

Specific cookies used on the Site

Social networks

In order for you, as a visitor, to share news on social networks such as Facebook or Instagram, the Company uses cookies. 

Saved cookies are also used to provide targeted marketing via retargeting through Facebook Pixel or Snapchat Pixel. 

These sites may use cookies when Users log in to use their services. Because these cookies are from third-party vendors, the Company is not responsible for them. For more information, the Company recommends that Users review the privacy policies of these third-party vendors. 

More information on cookies

https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser

Questions

If you have any questions regarding this cookie policy, please feel free to contact the Company by email at nicolas@orchidee-diffusion.com

Personal Data are also transmitted to the Company, in the context of the execution of its Services, by insurers, health institutions, authorities or certain information services.  

The User has, in accordance with national and European regulations in force, a permanent right of access, modification, rectification, limitation, opposition and portability of information concerning him/her. 

To exercise his rights, the User should write to the following email address :nicolas@orchidee-diffusion.com

In addition, if a User has reason to believe that the security of his or her Personal Data has been compromised or that such Data has been misused, he or she is entitled to contact the Company at the following email address: nicolas@orchidee-diffusion.com

The Company will investigate complaints regarding the use and disclosure of Personal Data and attempt to resolve them in accordance with applicable regulations.

The User may also file a complaint with the CNIL, whose contact details are listed on its website www.cnil.fr.

The Company may modify these terms and conditions at any time, without prior notice, provided that it informs its visitors as soon as these modifications come into effect by email and/or by publishing the said modifications on its Site. 

The Company shall update this Agreement by indicating the date of last update in the upper right hand corner of this Agreement.

In any case, regarding the use of his Personal Data, the User may contact the Company's Data Protection Officer at nicolas@orchidee-diffusion.com.

The present terms and conditions are subject to French law.
Any dispute relating to the present contract will be brought before one of the territorially competent courts under the Code of Civil Procedure.

These terms and conditions are written in French. In case of contradiction or misunderstanding, they will prevail over any other version that would be written in another language at the request of the User.

The Company is located at 15 rue Massenet - 77360 Vaires sur Marne (France).