Legal terms

Editor

GROUPE BERNARD HAYOT (“GBH”)
Simplified joint stock company
Share capital: €9,405,000.
Acajou – BP 423
97292 LE LAMENTIN Cedex 02 Martinique
Tel: +596 50 37 56
Fax: +596 50 11 47
Adresse mail : Service.CommunicationGbh@gbh.fr
Listed in the Register of Trade and Corporate Register of Fort-de-France under SIREN number 352 821 664.
Intracommunity TVA No.: FR 34352821664

Host

OVH
2 rue kellermann
BP 80157
59053 ROUBAIX CEDEX 1 FRANCE
Tél : 08 203 203 63 (0.118 €/mn)

Outsourcing

Infobam
www.infobam.fr/

Design and creation

La Suite and co
www.lasuiteandco.com

GENERAL CONDITIONS OF USE

The user acknowledges having read these General Conditions of Use and agrees to respect them. GBH reserves the right to modify them at any time. The user therefore agrees to consult them regularly.
If the user visits the gbh.fr site (“Website”) from a country other than France, he/she agrees to also comply with the applicable local laws.

Site content 

GBH provides users of the Website with available and verified information and tools, but cannot be held liable for errors or the unavailability of certain information.
The information provided on the Website is for informational and illustrative purposes only and does not constitute professional or legal advice.
The content of the Website is presented without any guarantee whatsoever.
Users of the Website may report any omissions, errors or corrections, GBH’s aim being to provide accurate and up-to-date information. GBH will do its best to correct any errors of which it is informed.
GBH wishes to minimize any inconvenience caused by technical errors as much as possible. However, certain data or information on the Site may not have been created or structured in error-free files or formats. GBH does not guarantee that the service will not be interrupted or otherwise affected by technical errors.
GBH shall not be liable for any direct or indirect damages that may result from accessing or using the Website, including, but not exclusively, inaccessibility, data loss, and/or presence of viruses on the Website.

Intellectual  Property 

The general structure, software, texts, images, videos, sounds, know-how, animations, and all the information appearing on the Website are the property of GBH or are subject to rights of use or exploitation.
Any representation, modification, reproduction, distortion, in whole or in part, of all or part of the Website or its contents, by any process whatsoever and on any medium whatsoever would constitute an infringement punishable by articles L. 335-2 and following of the French Code of Intellectual Property.
The GBH trademarks and logos (semi-figurative trademarks) appearing on the websites are registered trademarks. Any reproduction or representation in whole or in part, alone or included in other elements, without the express written permission of GBH is strictly prohibited.
The trademarks cited are the property of their respective companies. The posters, logos, and images mentioned in these pages are the property of their respective brands. The articles are the property of their authors.

External links

GBH may not be held liable for hypertext links to other websites, in particular as regards the content of these sites.
GBH is not responsible for hypertext links directing to the Website and prohibits anyone from setting up such a link without its prior express consent.

Applicable law

These Legal Terms and General Conditions of Use are subject to French law. In the event of a dispute, the French courts shall have sole jurisdiction.

 

PRIVACY POLICY

 

Information on your rights protecting your personal data

This policy shall be updated as and when required.

1. Our commitments in respect to the protection of your personal data.

We at GBH, as data controller, set out here how we collect, process and use your personal data, to provide you with new services on a daily basis in the respect of your rights.

We protect your privacy by ensuring the protection, confidentiality, non-alteration, availability and security of the personal data you entrust to us across our communication channels.

We take all necessary measures to:

  • provide you with clear and transparent information on how your data will be collected and processed;
  • put in place all the necessary technical and organisational measures to protect your personal data from disclosure, loss, tampering or access by an unauthorised third party;
  • retain your data only as long as necessary for the purposes of the specified processing or service;
  • allow you at any time the opportunity to access and modify your data that we process directly through your personal spaces on the various websites.

To achieve these objectives, we implement appropriate technical and organisational measures to ensure that the processing complies with applicable data protection law.

1.1 When do we collect your personal data?

Your personal data may be collected when you:

  • contact us via the contact form;
  • send us your application via the application form;
  • visit our websites that may use cookies;
  • interact with us particularly on social networks.

To process this data we require your consent.

Your Data may also be processed when we:

  • carry out statistical studies;
  • are required to defend our interests (prevention and combat of fraud, disputes);
  • work to improve our services;

Such processing is in our legitimate interest..

Lastly, your Data may be processed when you exercise your rights on your Data or to allow us to meet our legal obligations.

1.2 What personal data do we collect?

We collect the information you provide through our contact form and the transmission of your application. We are required to collect the following data:

  • Marital status, First name, Surname, date of birth, telephone number, e-mail address, level of education, overall length of professional experience, language, skill level, curriculum vitae, application letter, holder or not of a driving licence for the open job application.

The items of information which are strictly necessary to provide you with a service are indicated by an asterisk and concern your surname, first name, postal address, e-mail address, landline or mobile telephone number and your loyalty card numbers.

When you browse our websites, we also collect data such as identification, connection and, where applicable, location data.

In accordance with the law, we do not collect personal data that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, union membership, personal genetic data, biometric data for the purpose of uniquely identifying a natural person, personal data in relation to health or in relation to the sexual life or sexual orientation of a natural person. 

These particular categories of data are never collected or processed by GBH.

1.3 Who receives your personal data?

We make sure that only authorised persons within GBH have access to your personal data when such access is required for the performance of our business relationship.

For the processing and follow-up of your application file, your Data may be sent to certain providers specialising in payment and transaction services (e.g. Banks, payment service providers), the management of litigation and disputes and IT support.

Transactions with providers that are recipients of your Data are subject to a contract in order to ensure the protection of your personal data and the respect of your rights.

No processing of Data by a partner will lead to any transfers outside of the European Union if the country of transfer is not recognised as having an adequate level of protection or if suitable guarantees are not implemented. These guarantees may include concluding a transfer agreement based on standard contractual clauses adopted by the European Commission and/or any other mechanism approved by the controlling authorities.

In respect of recruitment, the data of applicants is intended for the Human Resources department and management.

We may be obliged to provide your Data if requested to do so legitimately by public authorities, in particular to comply with requirements of national security, combating fraud or in application of the law. In such a situation, we are not responsible for the conditions in which the personnel of these Authorities process your Data.

1.4 How long is your personal data retained?

Personal data is retained in compliance with French law and European regulations.

The data retention periods comply with the recommendations of the CNIL and/or legal obligations:

Categories of personal data Active retention rules
Data from your customer account 3 years after the last customer contact
Data from your application 2 years after the last contact with the applicant
Data from your loyalty programme 3 years after the last customer contact
Personal connection data from websites   From 6 months to 1 year
Cookies Validity period 13 months maximum
Behavioural data no restriction for anonymised data
Prospecting data 3 years after the last customer contact
Identification data 1 year maximum
Segmentation no restriction for anonymised data

At the end of these periods, we may archive the data, in particular to comply with time bars for legal action.

 

2. Cookies policy

The protection of personal data is governed in France, by the General Data Protection Regulation of 27 April 2016, better known under the abbreviation GDPR and by the amended French Data Protection Act of 6 January 1978.

As data controller, we are committed to the protection of the data of our customers and prospects (hereinafter “you”), which we process for the requirements of our activity. This is why we undertake to comply with the key principles that apply to the protection of personal data.

For these reasons, we explain in this policy the way in which we store and use cookies on the site www.gbh.fr. We also inform you on how you can manage your preferences for these cookies.

2.1 Which cookies are deposited?

A cookie may be qualified as a tracker or proof of connection, that is deposited, recorded and/or read by the web browser of the visitor when they visit a website, install an application, use software or a mobile application.

There are 3 types of cookies:

  • Technical cookies (“essentials”), that are required to use a service or access content on the website, the user’s consent is therefore not required for these to be deposited.
  • Analysis and performance cookies, that allow us to measure certain things, such as, in particular, the number of visitors or the pages that they visit. In principle, depositing these cookies requires your consent to be given unless otherwise stipulated;
  • Advertising or targeting cookies, that record data in order to control the advertising or information displayed to the different visitors. Depositing these cookies requires your consent;

2.2 Which cookies are deposited?

The names of the cookies that are likely to be deposited or read on your device, their purposes and the length of time they are retained are summarised in the table below:

2.2.1 Technical cookies (“essentials”)

Name of cookies    Purpose Retention period
Cookie_notified Back-up of cookie settings   13 months

2.2.2 Analysis and performance cookies

Name of cookies    Purpose Retention period
_ga and _gid Google Analytics Use statistics Respectively 24 months and 12 months
_fbp Facebook Use statistics 3 months
_atuvc AddThis : used to update the number of shares, until the sharing cache is updated   13 months
_atuvs Ensures that the updated counter is displayed to the user if a page is shared with the social sharing service Session time

2.2.3 Third party cookies

This site relies on certain services offered by third-party websites. These include in particular:

  • Sharing buttons (Facebook and Linkedin)
  • Videos posted on the site (Youtube)

These functions use third-party cookies directly stored by these services. When you first visit www.gbh.fr, a banner informs you of the presence of cookies and invites you to indicate your choice. They are only deposited if you accept. You can find out more and configure your cookies for acceptance or refusal at any time by going to the Cookie management link on the bottom right of each website page. You can indicate whether your choice is for the entire site or service by service.

2.3 When are cookies stored?

You are informed when you visit our websites and mobile applications, that cookies may be stored on your equipment (computer, tablet or smartphone). In the same way, cookies may be deposited on your device via the e-mails you are sent or when installing software or a mobile application.

We may install these cookies as the publisher of the digital spaces mentioned above, or they may be installed by third parties, who may act on our behalf as sub-contractors or in their own interest.

2.4 How can I set my cookie preferences?

You can set the use of cookies, accept or refuse them all or some of the cookies placed on our digital spaces. Your preferences can be set:

  • either by using the management tool accessible at any time via the following link: Cookie management
  • or by configuring your browser settings. To do so, each browser has its own specificities, but settings are relatively easy to adjust via their respective help menus. For example:

Google Chrome: https://support.google.com/accounts/answer/61416?co=GENIE.Platform%3DDesktop&hl=fr

Internet Explorer: https://support.microsoft.com/fr-fr/help/17442/windows-internet-explorer-delete-manage-cookies

Mozilla Firefox: https://support.mozilla.org/fr/kb/activer-desactiver-cookies-preferences

Opera: http://help.opera.com/Windows/10.20/fr/cookies.html

We cannot guarantee the sustainability of these URLs, nor the quality of information contained in them.

As regards mobile applications, e-mails and social networks, please refer to your account settings, these may vary according to web platforms and providers but will allow you to manage the personal data collected about you.

As long as you have not given us your consent, no Cookies are deposited or read on your device (with the exception of session cookies that do not require your prior consent). Refusing to give your consent will not prevent access to our Website.

 

3. How do you exercise your rights?

To allow you to control how we use your personal data, you have the following rights:

  • the right to object to the processing of your personal data;
  • the right to access your personal data that we process;
  • the right to rectify your data;
  • the right to erasure;
  • the right to data portability;
  • the right to restriction of processing;
  • the right to define guidelines relating to the storage, erasure and communication of personal data after death.

You can exercise your rights:

  • by e-mail: dpo@gbh.fr
  • by post to: GBH – For the attention of the DPO - Acajou - BP 423 - 97292 Le Lamentin Cedex 2 Martinique

Proof of identity may be requested in the case of any doubt on the identity of the applicant.

If you would like further details on the content of these rights, please contact us at the above-mentioned addresses. 

We will reply as soon as we can and in all cases within one month of receiving your enquiry. You may register a complaint with a controlling authority, which, in France, is the CNIL.

 

4. Our data security measures

4.1 Our security and confidentiality commitments

Respecting your right to the protection, security and confidentiality of your data is our priority.

GBH puts in place technical and organisational security measures that are adapted to the level of sensitivity of your Data to protect against any malicious intrusion, any loss, alteration or disclosure to unauthorised third parties.

In the design, creation, selection and use of our services, which are based on personal data processing, GBH takes into account personal data protection principles from the design stage.

In this respect, for example, we may pseudonymise or anonymise your Data whenever possible or required.

As all personal data is confidential, access to such is restricted to GBH employees and service providers acting on behalf of GBH, which require such for the performance of their remits. All persons having access to your data are bound by an obligation of confidentiality, and are subject to disciplinary measures and/or other sanctions should they not fulfil these obligations.

Transactions with third-party recipients are subject to a contract in order to ensure the protection of your personal data and the respect of your rights.

We are fully committed to protecting the personal data that you entrust to us. Paying continuous close attention to security and protection, we recommend that you exercise caution in order to prevent unauthorised access to your personal data and to protect your devices (computer, smartphone, tablet) against any unwanted or even malicious access by using a strong password, which should be regularly changed. If you share a device, we recommend that you log out after each use.

4.2 Our Data Protection Officer

Our Data Protection Officer (DPO) is available to answer your questions at the following addresses:

  • by e-mail: dpo.vindemia-services@gbh.fr
  • by post to: GBH – For the attention of the Communications Department - Acajou - BP 423 - 97292 Le Lamentin Cedex 2 Martinique

 

5. Glossary 

Anonymisation” is defined as “the result of processing personal data in order to irreversibly prevent identification”;

Collect”, refers to the act of collecting personal data. This collection can in particular be done through the use of questionnaires or online forms;

Consent”, your consent refers to any expression of free, specific, informed and unambiguous willingness by which you agree, via a declaration or a clear positive action, that personal data in relation to you can be subject to processing;

Personal data” or “personal information”, refers to any information in relation to a natural person that is identified or identifiable, which can be identified, either directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more specific elements that are specific to its physical, psychological, genetic, psychic, economic, cultural or social identity;

“Rights protecting your personal data”: means all fundamental rights as outlined in the European regulation, concerning: 

  • the right to information;
  • the right of access;
  • the right of rectification;
  • the right to erasure or the right to be forgotten;
  • the right to data portability;
  • the right to object;
  • the right to restriction of processing;
  • the right to define guidelines relating to the storage, erasure and communication of personal data after death.

Restriction of processing” is the marking of stored personal data with the aim of limiting its future processing;

Minimisation” in reference to “data” refers to a limitation placed on the collection or use of information;

Data sharing” refers to the result of the pooling of customer or prospect databases belonging to several different partners;

Profiling” is “any kind of automated processing of personal data, which consists in the use of this personal data to evaluate certain personal aspects relating to a natural person, in particular, to analyse or predict aspects of the job performance, economic situation, health, personal preferences, interests, reliability, behaviour, whereabouts or location change of this natural person”;

Products or services” refers to all products and services including technological products or services (websites, applications and associated services) offered or to be offered by GBH;

Commercial prospecting” refers to the search for customers, with the fact that it is commercial in nature meaning that it is related to the trade with which it is connected.

Pseudonymisation” is any technical and organisational security measure which consist of replacing an identifier in order to ensure that the personal data cannot be assigned to an identified or identifiable natural person.

Business relationship” includes all relations between GBH and its customers such as, for example, the relationship that ensues from purchasing our products or services, using our after-sales service, your participation in online competitions, the returns of your products, your complaints, your participation in customer satisfaction surveys or within the framework of your loyalty programme;

The Data controller is the person or body which, alone or jointly, determines the objectives and the methods of processing your personal data;

Behavioural segmentation” allows, based on information on an individual’s observed behaviours, a socio-economic profile, or a psychological profile, to be established so that the individual can be categorised into a segment;

Online services” includes all of the digital services offered by GBH such as the website, applications, associated services or mobile services;

The Processor” is the person or body that processes the personal data on behalf of the person or the data controller structure or body;

Behavioural monitoring of persons”, sometimes referred to as “profile deduction”, refers to techniques that enable the assessment of a natural person’s behavioural aspects in relation to their use of the internet.

Third party”refers to any person other than GBH and yourself;

Personal data processing” means any operation or group of operations applied to your data, regardless of the online service medium in question or the process used.