BORDEAUX LUXURY PROPERTIES (hereinafter "BARNES") attaches great value to the protection and respect of privacy and personal data ("Personal Data") of its website (hereinafter the "Site") users.
BARNES undertakes to implement appropriate 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 Regulation on the Protection of Personal Data EU 2016/679 of 27th 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 in the use of Personal Data by BARNES as controller.
As a result, BARNES invites users to read this document carefully to be informed and to 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 website.
1.1 Applicable Principles for the collection of Personal Data
In general, users can browse the Site without necessarily having to communicate Personal Data to BARNES.
BARNES collects only Personal Data needed to carry out files treatments ("privacy by design") and ensures a high level of protection ("privacy by default"). As such, the treatments requiring data collection are as follows:
- Answer inquiries (contact forms for visit requests, valuations, information and / or additional photos of a property) ;
- Fulfill a mandate given by users ;
- Answer surveys to improve the BARNES customer relationship and experience;
- Send newsletters, informational or commercial email alerts ;
- Apply for job offers.
In this case, the personal information collected from users is at least: (i) Name (s), (ii) First name (s), (iii) E-mail address, (iv) Telephone number, (v) Postal Address, (vi) Country.
These Personal Datas are then kept for the time needed to fulfill the users request. In other cases, they are suppressed within the CNIL recommended deadlines , that is to say after three years of collection and subject to legal obligations concerning archiving of certain datas and / or anonymisation.
1.2 Website User Browser Informations
When using the Site or certain services related to the Website, some informations are collected automatically, such as: (i) IP address, (ii) the browser reference used, (iii) navigation data (date, time, consulted contents, terms used, etc.), (iv) operating system references.
Among technologies used to collect these informations, BARNES can use "php" sessions that store each user's data using a unique ID session. These php sessions store data only during the users browsing time.
The collected data during browsing is thus deleted when the user's browser is closed, or, if not, within a maximum of thirteen months from their collection.
Article 2. Legal clauses for personal data collection and processing
Personal Data are processed by Barnes as permitted by the regulations in force and according to the following conditions :
- Obtaining free, specific, informed and unambiguous consent of users to the processing of their Personal Data (for minors under 18, consent must be given by its legal representative);
- Personal Data storage is required to execute the user requests ;
- Compliance with the legal and/or regulatory obligations from BARNES (such as fight against fraud and corruption ;
- Protection of BARNES interests (such as protection and security of its computer network).
Article 3. Purposes of collected personal datas
Only the BARNES group authorized personnel and service providers may have access to the collected Personal Datas to be processed, without prejudice to the services in charge of a control or inspection mission in accordance with the legislation and / or the regulations in force or for the purpose of a judicial or administrative decision.
The authorized staff is subject to discretion.
BARNES undertakes not to market to third parties the collected Personal Data.
Article 4. Transfer of personal data
Collected Personal Data from WebSite users are exclusively stored in France and are not transferred outside the European Union.
In case of service providers located outside the European Union, BARNES undertakes to check that appropriate measures have been taken to ensure that Users' Personal Data benefits from the same level of protection.
Article 5. Data security
BARNES collects and processes Users' Personal Data 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 authorized transmission of Personal Data to third parties is necessary, BARNES ensures that these third parties guarantee to Personal Data concerned the same protection level as BARNES ones, and requires contractual guarantees that Personal Data are exclusively processed for the purposes accepted by the users, with the needed confidentiality and security (notably thanks to the standard clauses of the European Commission, Binding Corporate Rules ("BCR") or the Data Protection Shield set up between European Union and the United States of America).
BARNES implements technical and organizational measures to ensure that Personal Data storage is secure enough for the necessary time for the purposes pursued.
Users' attention is drawn to the fact that no transmission or storage technology is totally guaranteed.
Therefore, in case of proven violation of Personal Data likely to generate a high risk to users rights and freedoms, BARNES will inform the competent supervisory authority of this violation as provided by applicable law.
It is up to users to to prevent unauthorized access to their Personal Data and especially to their computer and digital terminals (computer, smartphone, and tablet in particular).
Article 6. Links to other websites
The Website may occasionally contain links to partner websites of third-party companies that have their own data protection policies.
BARNES has no control over the content of these sites and accepts no responsibility for the use made of the collected information when users click on those links.
BARNES therefore, invites users to read the data protection policies implemented by these sites publishers before sending any personal information.
Article 7. User rights
It is reminded that users have the following rights, subject to limitations provided by the legislation in force :
7.1. Information Rights on the processing of Personal Data
BARNES agrees to use its best efforts to give concise, clear and accessible information on the users Personal Data processing conditions.
7.2. Access Rights to Personal Data
Each user can access to Personal Data processed by BARNES and can ask to receive an electronic copy (for any additional copy, BARNES will be entitled to require fees based on administrative costs).
7.3. Rights of cancellation ("right to be forgotten") and rectification of Personal Data
Each user has the right to request deletion and / or correction of personal data when they are wrong or outdated.
It is specified that BARNES will be able to keep some Personal Data when the law will impose it or in case of legal reasons.
7.4. Rights of objection
Users may object at any time for rightful reasons :
- Use of their Personal Data for direct marketing purposes or
- Use of their Personal Data for different treatments than those granted for, except for any of BARNES legal obligations.
7.5. Rights to limit Personal Data processing
Users have the right to request that the processing carried out on their Personal Data are limited to what is necessary.
This right is only applicable :
- if the user questions the accuracy of his Personal Data;
- if the user can establish that the processing of its Personal Data is unlawful and requires a limitation of its use rather than a deletion;
- if BARNES does not need any more the user's Personal Data but are still necessary to the user for observation, defense of rights in justice ;
- if the user objects to treatment based on the well-founded controller interest, during verification as to whether the legitimate reasons pursued by the data controller take precedence over the user's.
7.6. Rights of complaint to a supervisory authority
If users believe that the efforts made by BARNES to preserve the Personal Data confidentiality do not guarantee the respect of their rights, they have the possibility of filing a complaint to the competent supervisory authority (CNIL or any other authority mentioned on the list available from the European Commission).
7.7. Right to Personal Data portability
Users are entitled to their data portability, allowing them to get their Personal Data from BARNES in a structured, commonly used and machine-readable format and to request that such Personal Data be transmitted to another person in charge of the data treatment.
7.8. Right to decide of the Personal Data lot after deathUsers have also the right to organize their Personal Data lot after death by adopting general or specific guidelines that BARNES undertakes to respect.
In lack of such guidelines, BARNES gives heirs several rights, in particular the right of access if necessary for the inheritance settlement and the right of objection.
7.9. Application Conditions of Rights
To apply their rights, users are invited to contact the BARNES Personal Data Protection Delegate according to the conditions described in article 10.
It is specified that to help them applying their rights, the CNIL makes available, on its website, letters models (www.cnil.fr).
Before processing the users request (s), BARNES may verify their identity by asking them for a proof of identity.
The Delegate for Personal Data Protection will answer their request (s) as soon as possible and in any case one (1) month from the proof of identity.
Article 8. Personal Data Protection Charter Amendment
In case of modification, a new version will be updated and available on line with "Last update" date.
Article 9. Applicable law and competent Court
This Charter is subject to French law, including the provisions applicable to private international law rules.
IN FAIL OF AMICABLE AGREEMENT, JURISDICTION IS GIVEN TO THE PARIS COURT OF APPEAL DESPITE PLURALITY OF DEFENDERS AND / OR CALL IN WARRANTY TO KNOW IF ANY EXISTING DISPUTE RELATING TO THE SITE USE AND / OR TO THE VALIDITY, EXECUTION AND INTERPRETATION OF THESE TERMS.
Article 10. Contact
For questions relating to this Charter for rectification, supplement or update, users should contact BARNES :
- by sending an email to the Data Protection Officer at email@example.com ;
- or by completing the following online contact form
- or by sending a letter to the following address : BARNES - To Data Protection Officer – 38 Cours Georges Clémenceau – 33000 Bordeaux