Privacy Policy

Privacy Policy

1- Introduction

HOLDHAM, a public limited company under French law, with a share capital of 6,160,000 euros, registered with the RCS of Caen under number 352 998 827, located at 1 rue du Campus 14200 Hérouville Saint Clair France ("HOLDHAM", "we", "our ") is the data controller. This means that we decide how we store and use the personal data we collect.

This Privacy Policy describes how we collect and use personal data relating to users of ''dayvia.com'' in accordance with the General Regulations on the Protection of Personal Data of April 27, 2016 ("GDPR") and national laws. applicable.

It also describes the legal bases we rely on to process personal data, who we share it with and how it is stored.

It is important that you read this Privacy Policy, as well as any other notices of information that we may provide on specific occasions when we collect or process your personal data, so that you know how and why we use this data.

By using ''dayvia.com'', you agree to the terms set out in this Privacy Policy. If you disagree with certain terms in the Privacy Policy, we invite you not to use “DAYVIA.COM”.

2- How is your personal data collected?

We collect personal data in different ways, as set out below.

Data collected when creating a ''dayvia.com'' account

To use ''dayvia.com'' you must open an account by entering your email address. You will then receive an email containing an activation code allowing you to activate your account.

If you do not provide us with your email address, you will not be able to create an account and access the services offered by ''dayvia.com''.

Please note : in the event of "closing of the email address" (for example in the event of departure from a company, if you used a professional email address), you will no longer be able to access your account and your data.

When installing the ''dayvia.com'' Application, we also collect the language and country of use by querying the IPStack service. We collect this information to be able to determine the language to display in ''dayvia.com'', the language that we will use to communicate with you and also the place of storage of your data in our nearest data centers.

Data collected during your use of the ''dayvia.com'' website

We collect personal data directly from you during your purchases on "DAYVIA.COM" as indicated below.

We collect information when establishing your order and your delivery note: surname, first name, delivery address. We do not collect your bank details when you pay online. These are collected securely by our payment partner that we have chosen for its guarantees of confidentiality and security.

We collect personal data from you when you contact us via the contact form.

We also collect data in order to study the frequentation and the course of the users thanks to analytical tools integrated into the site "DAYVIA.COM". However, please note that this data is processed completely anonymously. This means that the link between the data and the user has been broken and that in no case can we trace the user back to the data.

In addition, please note that we use cookies on the ''dayvia.com'' Site through which we collect some of your browsing data. If you would like to know more about the use of cookies on the ''dayvia.com'' Site, please read the cookie policy.

3- For what purposes are your personal data collected?

We use your personal data for the purposes described below.

Purpose of processing	Legal basis of processing
Process the order and allow delivery of the chosen products to the address provided.	Execution of a contract we have concluded with you (General Conditions of Sale)
Allow the proper functioning of ''dayvia.com'', including to process your comments/opinions, to manage your requests relating to your rights, to improve ''dayvia.com'' and the services we offer, to enable the resolution of disputes, to deal with complaints and to correct operational problems	Our legitimate interest: management and development of ''dayvia.com'' Performance of a contract we have entered into with you (Terms of Service)
Contacting you regarding ''dayvia.com''	Performance of a contract we have entered into with you (Terms of Service)
Ensure the security of ''dayvia.com'' and prevent illicit activities on ''dayvia.com''	Our legitimate interest: management of ''dayvia.com'' and compliance with the legal obligations to which we are subject
Send reminders in the event of a basket awaiting validation.	Our legitimate interest: management of ''dayvia.com'' and compliance with the legal obligations to which we are subject
Send commercial information via the newsletter	Based on your prior consent
Perform analyzes and statistical studies on your use of the ''dayvia.com'' Website	Our legitimate interest within the meaning of the GDPR
Organize competitions on registration	Execution of the competition contract

We believe that the risk associated with personal data that we process on the basis of our legitimate interests is not excessive or too intrusive. In particular, we have put in place measures to protect your rights by applying appropriate retention periods and ensuring appropriate security controls.

No profiling will be carried out and more generally no automated decision will be taken on the basis of the data collected.

4- Commercial communications and opt-out

You may receive administrative emails from us (emails concerning changes in the operation of ''dayvia.com'', the privacy policy, etc.).

In addition, if you have consented to it, you can receive the newsletter via emails containing offers and information concerning ''dayvia.com'' compatible products.

You can withdraw your consent and ask to no longer receive commercial emails by using the unsubscribe link in the message received or by sending us a request at this address: support_dayviafr@hamelinbrands.zendesk.com .

5- Duration of retention of your personal data

We keep your personal data in an active database for the duration that your user account is active. Then, 36 months after your last authentication to your ''dayvia.com'' account, we keep your data in archive databases for the time required by law.

6- Recipients of personal data

We will share your personal data with third parties when required by law, when necessary to manage the contractual relationship we have with you or when we have another legitimate interest to do so. We will share your personal data with the following categories of third parties:

the daughter company of HOLDHAM which handles the processing and delivery

the HOLDHAM company which supports the order and delivery management activity

the company that provides us with the Shopify platform hosting provider

our other service providers who support our business such as IT and logistics providers.

Our banking partner who provides online order payment.

Please note that your personal data will never be marketed. We will never rent or sell your personal data.

We may also disclose your personal data to third parties:

if we sell or buy any business or assets, we may disclose your personal data to the prospective seller or purchaser of that business or assets; And

if HOLDHAM or any part of its assets are acquired by a third party, in which case personal data held by HOLDHAM will be one of the transferred assets.

7- Data transfers outside the European Economic Area

We may need to transfer your personal data outside the European Economic Area ("EEA") in the following cases:

As part of the management of our customer base, we may share your contact data with a company that has joined the “Privacy Shield” program established by the United States Department of Commerce; located in the United States.

As part of our use of the Google Analytics cookie, we may share your connection data with the company Google, which has joined the “Privacy Shield” program established by the United States Department of Commerce.

Please be aware that we take the necessary precautions to ensure that these service providers implement adequate safeguards and comply with strict conditions in terms of confidentiality, use and data protection.

8- Public authority

We may be required to disclose your personal data to legally authorized bodies and authorities as part of an investigation into illegal activities that may engage our liability, your liability or the liability of another user of ''dayvia.com''.

9- Your rights

As a data subject, you have certain rights with regard to your personal data. These rights are not absolute and each of these rights is subject to certain conditions in accordance with the GDPR and applicable national laws.

The right of access: you have the right to obtain confirmation from us whether or not your personal data is being processed by us, as well as certain other information (similar to that provided in this Privacy Policy) on how they are used. You also have the right to access all of your personal data via an email sent to the address: support_dayviafr@hamelinbrands.zendesk.com

The right of rectification: you can rectify or correct certain personal data in ''dayvia.com'' if they are inaccurate or incomplete via 'my account'.

However, please note that your account is inherently linked to your email address. We are unable to change the email address that is linked to your account.

The right to erasure: also known as the "right to be forgotten", this right allows you to erase or request the erasure or deletion of your personal data when, for example, there is no there is no compelling reason for us to continue to use them or their use is unlawful. This is not, however, a general right to erasure and there are some exceptions, for example where we need to use the information to defend a legal claim or to be able to comply with a legal obligation.

You can decide at any time to permanently and irrevocably delete your account and your personal data. To do this, you must send your request by email to the address: support_dayviafr@hamelinbrands.zendesk.com . Upon deletion of your account and all data stored therein, you will receive an account deletion confirmation email.

The right to restrict processing: You have the right to 'block' or prevent further use of your personal data when we are assessing a request for rectification or as an alternative to erasure. When processing is restricted, we may still retain your personal data, but we may not use it further.

The right to data portability: you have the right to obtain and reuse certain personal data for your own purposes in different companies (which are separate data controllers). This only applies to personal data which you have provided to us, which we process with your consent and for the purpose of performing the contract, which is processed by automated means. In this case, we will provide you with a copy of your textual data in a structured, commonly used and machine-readable format.

The right to object: you have the right to object to certain types of processing, for reasons related to your particular situation, at any time, insofar as this processing takes place for the purposes of the legitimate interests pursued by HOLDHAM. We will be allowed to continue processing the personal data if we can demonstrate that the processing is justified by compelling legitimate grounds which outweigh your interests, rights and freedoms or if we need it for the establishment, exercise or defense of legal claims. If you object to the processing of your personal data for direct marketing purposes, you can unsubscribe from email communications by using the "unsubscribe" button at the bottom of each communication.

The right to withdraw your consent: where we process your personal data based on your consent, you have the right to withdraw your consent at any time. However, such a withdrawal does not affect the lawfulness of the processing that took place prior to such withdrawal. You can unsubscribe from the newsletter by e-mail by using the "unsubscribe" button at the bottom of each email or by sending your request by email to the following address: support_dayviafr@hamelinbrands.zendesk.com

The right to provide us with instructions on the use of your personal data after your death: you have the right to provide us with instructions on the management (for example, retention, erasure and disclosure) of your data after your death. You can change or revoke your instructions at any time.

If you would like further information about your rights, if you wish to exercise any of them or if you have a complaint, please contact us at the following address:

support_dayviafr@hamelinbrands.zendesk.com

If you are not satisfied with our response to your complaint or if you believe that the processing of your personal data does not comply with applicable data protection laws, you can lodge a complaint with a supervisory authority. in terms of data protection. If you reside within the European Union, you may file this complaint with the supervisory authority of the country in which you reside. If you do not reside within the European Union, you can file your complaint with the Commission Informatique et Libertés (CNIL) which is the data protection authority in France.

We will consider all such requests and provide our response within the time limits provided by applicable law. Please note, however, that certain personal data may be exempted from such requests in certain circumstances, including if we need to continue to process your personal data for its legitimate interests or to comply with a legal obligation.

You will not have to pay any fees to access your personal data (or to exercise any other right). However, we may charge a reasonable fee if your access request is manifestly unfounded or excessive. We may also refuse to comply with the request in such circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access that information (or to exercise your other rights). This is another appropriate security measure to ensure that personal data is not disclosed to someone who does not have the right to receive it.

10- Security

We and our service providers have adopted physical, electronic and administrative security measures to protect your personal data, including the use of a threat and attack monitoring tool, passwords and encryption techniques. to secure access to your personal data.

11- Contact of the data protection officer

We have appointed Mrs. Virginie Ori as data protection officer to monitor compliance with this Privacy Policy. If you have any questions about this Privacy Policy, how we process your personal data or if you wish to exercise any of your rights, you can contact our Data Protection Officer

Email: support_dayviafr@hamelinbrands.zendesk.com

Address: Holdham, for the attention of the Data Protection Officer, 1 rue du Campus, 14200 Hérouville-Saint-Clair, France.

12- Changes to this Privacy Policy

We reserve the right to update this Privacy Policy at any time, please check this Privacy Policy regularly to be informed of any changes. We may also notify you by any means, from time to time, of any change in the processing of your personal data.

Please also read the General Conditions of Use of the Application and the "DAYVIA.COM" Website.

Cookies Policy of the “DAYVIA.COM” Website

When consulting the “DAYVIA.COM” Website, cookies are placed on your computer, tablet or smartphone. This page allows you to better understand how cookies work and how to use current tools to configure them.

1- What is a cookie?

A cookie is a small text file in alphanumeric format that is sent to your browser and stored on your computer's hard drive. A cookie file allows its issuer to identify the terminal in which it is registered, during the period of validity or registration of said cookie.

2- What cookies do we use?

On the “DAYVIA.COM” Website, we use the following types of cookies:

Technical cookies: these cookies have the exclusive purpose of allowing and facilitating navigation on a website, as well as access to the various products and services. Technical cookies make it possible in particular to recognize the Internet user, to signal his passage on such or such page and thus to improve his comfort of navigation.

These cookies we use include: ( https://fr.shopify.com/legal/cookies )

User-centric security cookies to detect authentication abuse for a limited persistent duration, such as failed login attempts. These cookies are set for the specific task of improving the security of the service.

Multimedia content playback session cookies (flash cookies) are used for the duration of a session to record technical data necessary for playing video or audio content (for example: image quality, network link, and caching settings).

Load balancing session cookies are used for the duration of the session to identify the same server in the pool to allow the load balancer to redirect user requests appropriately.

Persistent user interface customization cookies are used to store a user's preference for a service across multiple pages.

Audience measurement cookies: the purpose of these cookies is to obtain information on the navigation of Internet users on a website in order to produce statistics and audience measurements.

According to the Shopify site:

User experience is a fundamental aspect and we use many tools to help us improve our website. To this end, we use performance cookies to collect information about how and how often you use our website. These cookies only gather information for statistical purposes and do not gather any information that can identify you personally. However, because these cookies are not strictly necessary for the use of our website, we need your consent to use them. The performance cookies we use include:

First-party analytics cookies - We use these cookies to estimate the number of unique visitors, to improve our website and to detect the most searched words in search engines leading to a web page. These cookies are not used to target you with online marketing. We use these cookies to learn how our website works and to make relevant improvements to improve your browsing experience.

We also use Google Analytics and other third-party analytics providers to help us measure how users interact with content on our website. These cookies "remember" our users' actions on previous pages and how they interact with the website. For more information about Google Analytics, visit Google's information page. For instructions on how to opt out of Google Analytics, see below.

Targeting cookies are used on our website to personalize marketing to you and your interests and to provide you with a more personalized service in the future. These cookies remember your previous visit to our website and we may share this information with third parties, such as advertisers. Although these cookies can track your visits to our website and other sites, they generally cannot identify you personally. Without these cookies, the advertisements you see may be less relevant and interesting to you. We do not use third-party advertising cookies.

Finally, social plugin tracking cookies are used by many social networks with “social plugin modules”. We integrate these modules into our platform to offer services that can be considered "explicitly requested" by our users. Your consent is however required as some third party social plugin tracking cookies are used for purposes such as behavioral advertising, analytics and/or market research.

3- How to control cookies?

You have the following options to reject/delete statistical cookies.

Settings of your browser:

Most browsers accept cookies by default. However, you can decide to block these cookies or ask your browser to warn you when a site tries to implement a cookie on your device.

For the management of cookies and user choices, the configuration of each browser is different. It is described in the help menu of the browser used, it allows you to know how to modify your wishes in terms of cookies. For exemple :

Firefox Click the menu button and select "Options". Select the "Privacy" panel. Set the "Retention rules" menu to "Use custom settings for history". Uncheck the "Accept cookies" box. Any changes you have made will be automatically saved.

Google Chrome Select the Chrome menu icon. Select "Settings". At the bottom of the page, select "Show advanced settings". In the "Privacy" section, select "Content settings". Select "Prohibit all sites from storing data". Select OK.

Internet Explorer Click on the Tools button, then on "Internet Options". Click on the "Privacy" tab, then press the "Advanced" button to bring up the Advanced Privacy Settings window. Then check the box "Override the automatic management of cookies", then select "Refuse" in the column "Third-party cookies".

Safari Click on "Settings" > "Safari" > "Security. In the "Accept cookies" area, check the box of your choice.

Warning: setting your browser in this way may result in the deletion of all cookies, including those allowing good navigation on the ''dayvia.com'' Site. If you wish to delete only the "Google Analytics" audience measurement cookie, please refer to the option described below.

Downloading a browser add-on for opting out of Google Analytics:

If you do not wish to transmit information to Google Analytics, you can download and install the module accessible by following the following link https://tools.google.com/dlpage/gaoptout?hl=fr This module is compatible with Chrome, Internet Explorer 11, Safari, Firefox and Opera.

4- More information about cookies

For more information on cookies, you can visit the website of the Commission Informatique et Libertés, at this address: https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser