Update date: 04/10/2022
1. Collection of certain Personal Data
The Association FESTIVAL INTERNATIONAL DE JAZZ DE MARSEILLE DES CINQ CONTINENTS, registered under the SIRET number 429 943 756 00040, whose registered office is located at 15, rue Beauvau – 13001 MARSEILLE (“the Vendor”), complies with all regulatory and legislative provisions relating to the protection of personal data (the “Applicable Regulations”), and in particular all the provisions set out in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the “General Data Protection Regulation” or “GDPR”), as well as the provisions of Law No. 78-17 of 6 February 1978, as amended, known as the “Informatique et Libertés” (the “LIL”).
Customers (as defined in the GTC) and users of the Site acknowledge and agree that the Seller processes some of their personal data (the “Personal Data”), according to the terms and conditions of this Privacy Policy (the “Privacy Policy” and alternatively the “Policy”).
Personal Data” is any information relating to an identified or identifiable natural person. An identifiable natural person is a natural person who can be identified, 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 factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity.
2. General rules applicable to the collection and processing of personal data
It is recalled that in accordance with the Applicable Regulations, the Personal Data are:
a) Processed in a lawful, fair and transparent manner with regard to the persons concerned;
b) Collected for specific, explicit and legitimate purposes and not further processed in a way incompatible with these purposes;
c) Adequate, relevant and limited to what is necessary for the purposes for which they are processed;
d) Accurate and, where necessary, kept up to date;
e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which they are processed
f) Processed in a manner that ensures appropriate security, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical and organizational measures.
3. Nature of the Personal Data collected
3.1 The data controller is the Seller who remains the sole recipient of the Personal Data concerned.
The Personal Data whose communication is requested to the Customers and all users by the means of the forms available on the Site are intended for the person in charge of the treatment. If the person concerned fails to communicate this data, his/her request cannot be processed.
For all intents and purposes, it is recalled that the data controller is, in accordance with the applicable legislation, the entity that defines and limits the data to be collected as well as the purposes of processing.
In any case, such Personal Data are collected and processed on the basis of a legal obligation, a legitimate interest of the Seller and/or the consent of the person concerned.
3.2 The Personal Data collected on the Site are the following
– Connection
When using the Site, the Site may collect connection data (IP address and type of browser) and location data of the user.
– Ordering
Any order requires the information of the name, first name, e-mail address, postal address and telephone number.
– Payment
In the context of the payment of the Products offered on the Site, the Site records financial data relating to the Customer’s credit card. It is specified that the payments are subject to a secure transaction via WEEZEVENT accessible at https://www.weezevent.com. The Client or User is invited to read the terms of use of the WEEZEVENT platform applicable to the Order by clicking on the following link.
3.3 In any case, and in a general way, it is reminded that the Seller is likely to process Personal Data of the following nature:
– Connection data when the user accesses and uses the Site;
– Details of correspondence with the Vendor and in particular in case of assistance;
– Cookies;
– Banking and transaction data.
3.4 It is furthermore specified that certain data and information are collected through the interactivity that may be established between the Customer or the user and the Site:
– Order tracking ;
– Statistics ;
– Contact;
– Newsletter registration.
4. Origin and purpose of the Personal Data collected
The Personal Data of the Customers and the users of the Site are collected directly and only from the latter.
The Seller undertakes to obtain the express consent of the persons concerned and to allow them to oppose the use of their Personal Data for any other purpose, as soon as this is necessary.
In all cases, Customers and users are informed of the purposes for which their Personal Data is collected via the various online data collection forms and via their actions on the Site. The Seller also uses cookies and/or log files.
In any case, it is reminded that the Personal Data collected is necessary for the proper performance of the Seller’s services and to enable it to comply with its legal obligations.
The collection, storage and processing of this information and Personal Data are mainly for the purpose of
– management, payment and follow-up of the Order ;
– placing Orders on the Web Site;
– access and use of the Site by the user;
– management and improvement of the Site’s services;
– processing of refunds and complaints from the Client or the user;
– management of the functioning and optimization of the Site;
– verification, identification and authentication of data transmitted by the user;
– implementation of Customer assistance;
– prevention and detection of fraud, malware and management of security incidents
– management of possible disputes with users;
– sending commercial and advertising information, according to the user’s preferences;
– promotional and marketing offers, according to the user’s preferences.
5. Non-communication of Personal Data
5.1 The Seller undertakes not to commercialize the Personal Data collected from Customers and users.
5.2 Personal Data may be shared with third parties in the following cases
– when the Customer uses the payment services, for the implementation of these services, the Site is in relation with third party banking and financial companies with which it has contracted;
– when the user publishes, in the free comment areas of the Website, information accessible to the public;
– when the user authorizes a third party’s website to access his/her data;
– to the authorized personnel of the Seller who may be required to process the Personal Data;
– when the Site uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user’s data in order to perform these services and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data;
– if required by law, the Site may transmit data to follow up on claims against the Site and to comply with administrative and judicial procedures;
– if the Site is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share some or all of its assets, including Personal Data. In such event, users will be notified before any Personal Data is transferred to a third party.
5.3 The Seller keeps the Personal Data of the data subjects within the European Union.
However, in the event that the Seller’s partners and service providers are located outside the European Union, the Personal Data thus collected may be transferred to non-EU countries whose legislation on the protection of personal data differs from that of the European Union, it being specified that, in the event that the recipient country or countries do not ensure a level of data protection equivalent to that of the European Union, the Vendor undertakes to take all appropriate guarantees, either on the basis of an adequacy decision or, in the absence of such a decision, on the basis of appropriate guarantees and to conclude with the said subcontractors and partners specific contracts to supervise and secure the transfer of Customers’ Personal Data, in particular on the basis of the standard contractual clauses adopted, a copy of which may be requested at the address below.
5.4 The list of the Vendor’s partners and subcontractors may be communicated to the persons concerned upon request sent to the following email address: [email protected].
6. Duration of Data Retention
The Vendor shall keep the Personal Data of the persons concerned for the time strictly necessary for the purposes pursued, and in particular for the provision of the Services, in accordance with the legal and regulatory requirements.
The Data shall be kept for three (3) years from the last incoming contact with the Vendor.
With respect to Customers, for the duration of the contract binding the Parties, increased by three (3) years.
This information may also be kept for an additional period of two (2) years, with restricted and exceptional access, for evidentiary purposes in compliance with the legal and regulatory obligations of the Seller.
Accounting documents and records shall be kept for ten (10) years as accounting evidence.
7. Legal basis for processing Personal Data
The Seller collects and uses the Personal Data of users and Customers if this processing meets at least one of the following bases:
– In accordance with the GTC applicable to the sale of Products and the terms applicable to the use of the Site;
– In compliance with the consent of Customers and users, which can be revoked at any time through their personal account settings;
– To the extent necessary to fulfill its legal obligations; and
– To the extent necessary to pursue its legitimate interests (or those of others), unless those interests are overridden by the interests or fundamental rights and freedoms of Customers or any users requiring protection of their Personal Data.
It is recalled that :
– only Data relevant to the purposes listed above are collected;
– the request to provide Data is contractual in nature;
– the Data is not used to make an automated decision in the sense of the regulations in force.
8. Users’ rights
Pursuant to the Applicable Regulations, Customers and when or if applicable all users of the Site, expressly acknowledge that they have the following rights:
– Right of access, including the right to obtain copies of all their Personal Data, as well as the essential details of how the Data is processed;
– Right to have their Personal Data rectified, as soon as possible, and the right to have any incomplete, inaccurate, ambiguous or outdated Personal Data completed;
– The right to have their Personal Data erased if their processing is no longer necessary, or if the Seller has withdrawn its consent or has objected to their processing; or if their collection, use, communication or storage is prohibited;
– Right to limit the processing of Personal Data;
– Right to the portability of Personal Data; and
– Right to object to the processing of their Personal Data.
If the Customer or user wishes to know how the Vendor uses their Personal Data, to request rectification, to object to the processing of their Personal Data, to request deletion of their Personal Data, or to request a copy of all the Personal Data in the Vendor’s possession, they should send their request to the Vendor by post, accompanied by a copy of a valid ID signed by the Customer or user, to the following address
– By e-mail to [email protected]
– By registered mail with acknowledgement of receipt addressed to The association FESTIVAL INTERNATIONAL DE JAZZ DE MARSEILLE DES CINQ CONTINENTS – 15, rue Beauvau – 13001 MARSEILLE
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In addition, Customers and users may file a complaint with the supervisory authorities, and in particular with the CNIL (https://www.cnil.fr/fr/plaintes).
Finally, it is reminded that Customers and users can register free of charge on the opposition list to telephone canvassing on the site www.bloctel.gouv.fr.
9. Security
The Seller takes all useful precautions, with regard to the personal nature of the data collected and the risks presented by the processing, to preserve the security of the Personal Data concerning the users of the Site, and, in particular, to prevent these data from being deformed, damaged, or that unauthorized third parties have access to them.
The Seller implements all technical and organizational measures to ensure the security of the processing of personal data and the confidentiality of Personal Data. The persons working for the Seller are obliged to respect the confidentiality of the Personal Data of the Customers and users.
10. Cookies and Tracers
The Seller may collect certain information by means of cookies and tracers, subject to the choices expressed concerning cookies at the time of connection, and which may be modified at any time; it being specified that the prior consent of users is required for any storage on their terminal or access to information already stored on it, with cookies being deactivated by default with the exception of only those cookies that are strictly necessary for the proper functioning of the Site and the provision of its services.
The Seller uses such files for the following purposes:
– Technical cookies
– Cookies for audience measurement – statistics
– Sharing cookies
– Targeted or advertising cookies
The lifetime of these cookies does not exceed 13 months.
It is specified that the Seller may use cookies to track the contents of the shopping cart while the user is browsing the Site.
If a user leaves a comment on the Site, he will be offered to save his name, e-mail address and site in cookies. These cookies expire after one year.
If a user goes to the login page, a temporary cookie will be set to determine whether the user’s browser accepts cookies. It does not contain any personal information and will be deleted automatically when the browser is closed.
When the user logs in, cookies are offered to store login information and your screen preferences. The lifetime of a login cookie is two days, and the lifetime of a screen preference cookie is one year. If the user checks the “Remember Me” box, a login cookie will be retained for two weeks. If the user logs out of their account, the login cookie will be deleted.
By editing or publishing a post, an additional cookie will be stored in the user’s browser. This cookie does not include any personal data. It indicates the identification of the publication. It expires after one day.
11. Personal Data and minors
The Site is intended for people of legal age who are capable of entering into obligations in accordance with the legislation of the country in which the user is located.
In application of the General Data Protection Regulation, the user who is a minor under the age of 16 or who is incapable of doing so must obtain the prior consent of his/her legal guardian before entering his/her data on the Site. Unless required by law to maintain confidentiality, the Seller may directly inform such responsible person (i) of the specific categories of Data collected from the minor (ii) of the possibility to object to the collection, use or storage of such Data.
The age of 16 years may be lowered to 13 years depending on the local regulations of the user’s habitual residence, under the provisions of the General Data Protection Regulation.
12. Links to other websites and social networks
The Site may contain links to the websites and platforms of the Seller’s partners or third party companies.
These websites and platforms have their own policies on the use of personal data and the Seller declines all responsibility for the use made by these sites of the information collected when Customers and users click on these links.
13. Changes to the Privacy Policy
Seller reserves the right to make any changes to this Policy at any time in accordance with this clause.
If Seller makes a change to this Policy, it will post the new version on the Site and update the last update date at the top of this Policy.
Seller encourages Customers and all users to review this page regularly.
14. Contacting the Seller
If the Customer or any user has any questions or complaints regarding the Seller’s compliance with these provisions, or if the Customer or user wishes to make any recommendations or comments to the Seller, the Customer or user may contact the Seller in writing at the following address
– By e-mail at [email protected]
– By registered mail with acknowledgement of receipt addressed to The association FESTIVAL INTERNATIONAL DE JAZZ DE MARSEILLE DES CINQ CONTINENTS – 15, rue Beauvau – 13001 MARSEILLE