PRIVACY POLICY

The site www.herbelin.com (hereafter “Internet Site”) is published by MH DIFFUSION (hereafter “Michel Herbelin” or “us/our”). Please refer to our Legal Notice on this subject.

Access to and use of the Website and access to products and services offered to visitors and customers are governed by this Privacy Policy,
the Terms of Use
,
a Cookie Management Policy
,
Terms and Conditions of Sale
and all applicable laws. By accessing and browsing the Website, you accept, without limitation or qualification, these terms and policies.

Michel Herbelin is committed to respecting the privacy of its customers and visitors to its Internet Site.

We encourage you to review our Privacy Policy regularly to stay informed of any updates.

1. PERSON IN CHARGE OF THE TREATMENT

The controller is :

MH DIFFUSION SARL

9 rue de la Première Armée

25140 Charquemont

France

Phone : +33 3 81 68 67 67 (opening hours from Monday to Thursday from 08:30 to 12:00 and from 13:30 to 18:00, Friday from 08:00 to 12:00 and from 13:30 to 16:30 UTC+1)

E-mail : contact@herbelin.com

Registered with the trade register of Belfort

SIREN number 444 017 008

Data Protection Officer (DPO)

Mr Ahmed Zerouali

E-mail : a.zerouali@herbelin.com

All processing of personal data implemented as part of the services offered by Michel Herbelin on the Website respects is implemented in accordance with Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (known as the “General Data Protection Regulation”, “GDPR”), where applicable.

2. OUR DATA PROTECTION COMMITMENTS

Michel Herbelin is committed to respecting the principles of data protection. In accordance with these principles, personal data must be :

– Processed in a lawful, fair and transparent manner;

– Collected for specified, explicit and legitimate purposes and not further processed in a way incompatible with those purposes;

– Kept in an adequate and relevant manner and limited to what is necessary for the purposes for which they are processed;

– Handled in a manner that ensures appropriate security;

– Transferred outside the European Economic Area only if the recipient country has an adequate level of protection or appropriate safeguards.

– Accurate and up to date.

3. COLLECTED DATA

Michel Herbelin collects and processes personal data for the following purposes

– the marketing and delivery of products and services offered for sale on the Website;

– customer advice in relation to the sale of products and services offered for sale on the Website;

– the after-sales service of our products and services;

– applying for a job with our company;

– access to the Website;

In the context of your relationship with Michel Herbelin, you may communicate your personal data to us by various means:

– by filling in the contact forms available on the Website;

– by creating a user account;

– by subscribing to our newsletter;

– by applying for a job with our company;

– by posting comments on our Website and the social networks on which we are present (Facebook, Instagram, etc.);

The personal data concerned are in particular: Name, first name, e-mail address, postal address, telephone number, product warranty and billing number, login and password, navigation data on the Website (please refer to our Cookie Management Policy for more information on this subject).

Michel Herbelin does not collect or process personal data from children under the age of 16 without the prior consent of the child’s parents or guardians. If personal data concerning children is collected via the Websites, parents or holders of parental authority have the possibility to object to it by contacting our DPO. Furthermore, a child who was a minor at the time of the collection of his or her personal data may obtain its deletion as soon as possible.

4. PURPOSES OF COLLECTION AND PROCESSING

Your personal data is used by Michel Herbelin with your consent and/or in the legitimate interest of Michel Herbelin in the context of the provision of our services to :

– to perform a contract with you or to take steps you have requested to enter into a contract (e.g. a sales contract);

– to allow you to browse our Website and benefit from all the services available on the Website;

– Respond to solicitations, requests and complaints, in the context of the sale and after-sales service of our products and services;

– respond to your applications in the context of our recruitment procedures;

– allow you to receive our newsletter with your consent;

– To best match our information, notifications, offers and other services to your interests;

– the legitimate interests pursued by Michel Herbelin in order to develop new products and services, improve customer service, etc. ;

– for statistical purposes, in order to improve your customer experience with Michel Herbelin;

– comply with legal obligations.

5. RECIPIENTS OF THE DATA

The personal data that you may have provided to us are strictly reserved for the employees of Michel Herbelin and its affiliates (Montres Michel Herbelin SA), who are authorized to take cognizance of them within the framework of their missions and in the legitimate exercise of the services provided by Michel Herbelin.

All Michel Herbelin employees and those of its affiliated companies are aware of the need to protect personal data.

Personal data are generally not passed on to third parties, they will only be :

– Based on the consent you have given (Art. 6 para. 1 lit. a) GDPR);

– In the context of the legitimate exercise (Art. 6 para. 1 lit. b) RGPD) of the services provided by Michel Herbelin to our subcontractors in the context of processing your requests and orders. These subcontractors receive only the data required to respond to your requests and use them exclusively for this purpose;

– To authorities entitled to access information in the context of the implementation of legal obligations (Art. 6 para. 1 lit. c) GDPR);

– To Michel Herbelin and its subcontractors in the context of legitimate processing by Michel Herbelin to provide users with a user-friendly Internet Site and to improve and optimize this site for the benefit of visitors and customers.

– To Michel Herbelin and its subcontractors in the context of legitimate marketing and advertising processing by Michel Herbelin (Art. 6 para. 1 lit. f) GDPR);

– In the context of a merger or acquisition of all or part of Michel Herbelin by a third party (Art. 6 para. 1 lit. f) GDPR.

6. SUBCONTRACTORS

Michel Herbelin contractually imposes the same principles of personal data protection on its subcontractors (service providers, suppliers, etc.).

– ACCOMMODATION

OVH: the Website is hosted by OVH in France. Please refer to their privacy policies https://eu.ovhcloud.com/fr/support/mentions-legales/protection-donnees-personnelles and for the USA https://us.ovhcloud.com/legal/privacy-policy

The legal basis for these treatments is art. 6 para. 1 lit. f) RGPD. We have a legitimate interest in providing visitors and customers with an efficiently and securely hosted Website.

– CMS

MH Diffusion: the Website uses the CMS MH Diffusion. You can learn more about how MH Diffusion stores and uses your personal data by accessing their privacy policies: https://www.www.herbelin.com/vie-privee/

The legal basis for these treatments is art. 6 para. 1 lit. f) RGPD. We have a legitimate interest in providing users with a user-friendly Website and in improving and optimizing this site for the benefit of visitors and customers.

– PAYMENT SERVICES

The Website offers you the possibility to use the BNP Paribas Mercanet 2.0 and PayPAl payment module for the online payment of our products and services, so your details will be sent to these companies during the ordering process.

You can learn more about how these companies store and use your personal data by accessing their privacy policies:

BNP Paribas: https://documentation.mercanet.bnpparibas.net/;

PayPal https://www.paypal.com/fr/webapps/mpp/paypal-and-your-data.

The legal basis for these treatments is Art. 6 para. 1 lit. a) RGPD (your consent) and Article. 6 para. 1 lit. b) RGPD (for the processing of your orders).

You have the possibility to revoke your consent to the processing of your data at any time. Such revocation does not affect the effectiveness of data processing operations that have taken place in the past.

– ANALYSIS TOOLS

Google Analytics, a web analysis service provided by Google Inc. (“Google”). Google Analytics uses cookies, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website, including your IP address, will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with other Google data. Technically, however, it cannot be ruled out that Google can identify individual users on the basis of the data obtained. It is possible that personal data and profile data of users of the Google website may be processed for other purposes that are outside the scope of influence of Michel Herbelin. In addition to this data protection problem, the data is transferred to the United States.

If you wish to deactivate Google Analytics, you can find the appropriate add-on for your browser at: tools.google.com/dlpage/gaoptout?hl=en. Please note, however, that this deactivation may prevent the use of certain functions available on the Website.

Hotjar, an Internet analytics service from Hotjar LTD. (“Hotjar”). This service anonymously records interactions between randomly selected users and the website. The purpose of recording mouse movements and clicks is to highlight possible improvements to the page in question. Hotjar uses “cookies”, which are text files placed on your computer to analyze your use of the site. To exclude direct identification, IP addresses are stored and processed anonymously. In addition, information about the operating system, browser, incoming and outgoing links, geographical origin, resolution and device type are analyzed for statistical purposes. This information is not personal and is not passed on to third parties. If you do not wish to be logged, you can disable logging in your browser on all Hotjar-enabled websites using the DoNotTrack header. For more information, please visit: https://www.hotjar.com/opt-out

The legal basis for these treatments is art. 6 para. 1 lit. f) RGPD. We have a legitimate interest in providing users with a user-friendly Website and in improving and optimizing this site for the benefit of visitors and customers.

– MARKETING TOOLS

Facebook Pixel: Our Website uses the Facebook Pixel to help us reach our audience on Facebook and provide them with relevant content. You can disable Facebook pixel cookies by visiting the Ads tab in your general account settings. The information we share with Facebook will only be used in accordance with Facebook’s data usage policy www.facebook.com/about/privacy.

The legal basis for the use of the Facebook Pixel is Art. 6 para. 1 f) RGPD. Michel Herbelin has a legitimate interest in these marketing purposes because it helps to place advertisements that have increased relevance.

7. DATA RETENTION

Michel Herbelin undertakes to keep your personal data for no longer than is necessary for the purposes for which they are processed, in accordance with the retention periods imposed by the applicable laws in force for certain categories of data

8. SOCIAL NETWORKS

On the Website you can find links to social media networks.

By clicking on these links if you are already logged into the relevant social media service at the time you click the button, the sharing dialog will detect it so you can share the content directly. If not, you will be asked to connect to the social media network.

It is your responsibility to check the security and privacy settings of the sites concerned and their terms of use.

Information about the collection, storage and use of your data by these sites can be found at

– Facebook: https://www.facebook.com/about/privacy/

– Instagram: https://help.instagram.com/155833707900388

– Linkedin : https://www.linkedin.com/legal/privacy-policy

– Pinterest: https://policy.pinterest.com/fr/privacy-policy

– Youtube: https://support.google.com/youtube/answer/2801895?hl=en-GB

9. SECURITY

Michel Herbelin implements all technical and organizational measures that are appropriate to the nature, scope and context of the personal data that you provide and the risks presented by their processing, to preserve the security of your personal data and, in particular, to prevent any accidental or unlawful destruction, loss, alteration, disclosure, intrusion or unauthorized access to such data.

The Website is secured by an SSL certificate ensuring the encryption of confidential data.

The Website uses the CMS MH Diffusion which is regularly updated to avoid security breaches.

Michel Herbelin has put in place a security breach management procedure that allows us to effectively address potential personal data breaches, to notify the appropriate authority of such breaches as soon as possible, and to notify you when a breach is likely to affect your personal data.

Furthermore, the security and confidentiality of personal data depend on the good practices of each individual. This is why we invite you not to communicate your passwords to third parties, to systematically disconnect from your profile and your social account (especially in the case of linked accounts) and to close your browser window at the end of your work session, especially if you access the Internet from a computer shared with other people. This will prevent other users from accessing your personal information.

Finally, we advise you not to distribute to third parties or publish on social networks any document containing your personal data.

10. YOUR RIGHTS AND HOW TO EXERCISE THEM

In accordance with the applicable regulations on the protection of personal data, you may, at any time, exercise your rights of access, rectification, deletion of data concerning you as well as your rights of limitation and opposition to the processing and portability of your personal data:

– For our newsletter: by using the unsubscribe link in each newsletter sent to you;

– Or more generally by sending an e-mail or letter to our DPO :

Mrs. Ahmed Zerouali

E-mail : a.zerouali@herbelin.com

Michel Herbelin will delete your personal data from its database within 72 hours, as long as you no longer have a contractual relationship with Michel Herbelin and we do not have a legal obligation to keep your data.

In addition, for California customers, Civil Code section 1798.83 allows California customers to ask whether a company has disclosed personal information to third parties for the direct marketing purposes of those third parties. California customers who would like more information about our compliance with this law or who have questions or concerns about our privacy practices and policies may contact us at the contact information provided above to request this information.

11. DIVISIBILITY

Any provision of this Privacy Policy that is in whole or in part inconsistent with French mandatory law shall be severable and any invalidity, in whole or in part, of any such provision shall not affect the validity of the remainder of such provision or the other provisions of this Policy.

12. APPLICABLE LAW AND JURISDICTION

This Privacy Policy is presented on the Site in English and French. In the event of a discrepancy between the French and English versions, the French version shall prevail.

This Privacy Policy is governed by French law.

In the event of a dispute between the visitor or customer and Michel Herbelin regarding the interpretation, execution or termination of this Privacy Policy, Michel Herbelin strongly encourages the visitor or customer to contact the company first to attempt to resolve the dispute amicably. Michel Herbelin hereby informs the visitor or customer that alternative dispute resolution methods such as mediation are available.

In particular, the visitor or customer can contact the European Commission’s amicable dispute resolution platform available at http://ec.europa.eu/consumers/odr/.

In the absence of an amicable settlement of the dispute, Michel Herbelin and the visitor or the customer agree to bring the dispute before the French courts. The terms of this article do not deprive consumers of their right to bring an action, or to defend themselves in the event of an action, in their country of residence or domicile, or of their right to consumer protection measures as defined by the legislation applicable in their country of residence.

13. MODIFICATIONS

Michel Herbelin may at any time modify this Privacy Policy and its Cookie Management Policy by updating the relevant pages. In particular, these policies may evolve according to the legal and regulatory context. You agree to any revisions and should periodically visit this page and related pages to review the Privacy Policy that applies to your use of the website.

This Privacy Policy was last updated on June 24, 2019.

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