DALE FOOD AND PET PRODUCTS

Data Protection Policy

Version as of August 8, 2023

Preamble

The website www.kinpopdelights.com (hereinafter referred to as “the Site”) is operated by the company DALE FOOD AND PET PRODUCTS, a limited liability company with a share capital of €2,000, registered with the Trade and Companies Register of Nice under number B 918 129 578, with its registered office at 1490 Pro Albert Camus 06190 Roquebrune-Cap-Martin, and can be contacted by email at contact@kinpopdelights.com (hereinafter referred to as “the Provider”).

Access to the Site and its features requires the collection and processing of personal data of Users. Therefore, it was necessary to establish a personal data protection policy to comply with the customary recommendations for the processing of personal data as established by applicable laws and regulations.

The Data Protection Policy of the Site has been established in accordance with the recommendations of the National Commission on Informatics and Liberty (CNIL). Its aim is to inform Users of the Site about how their personal data is processed and the commitments and measures we have taken to ensure the protection of Users’ personal data.

It has been established in accordance with the provisions of:

  • The French Data Protection Act of January 6, 1978;
  • The European Regulation on Personal Data (R.G.P.D) of May 23, 2018;
  • The Law transposing the European Regulation on the Protection of Personal Data (RGPD) of June 20, 2018.

The version currently published on the Site is the effective version of this policy. The Provider reserves the right to modify it at any time in order to comply with legal obligations. Any changes to the personal data protection policy will be communicated to Users in order to obtain their consent to the new policy.

By browsing our Site, the User acknowledges having read, understood, and accepted this data protection policy. Any questions regarding this policy can be addressed to the following email address: contact@kinpopdelights.com.

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Article 1 – Definitions

1.1 Technical Terms related to the Protection of Personal Data

On our Site, the terms below have the meaning attributed to them within the meaning of the RGPD (Art. 4):

  • Consent: “the data subject’s consent means any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.”
  • Data Controller: “the natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.”
  • Processor: “a natural or legal person, public authority, agency, or other body which processes personal data on behalf of the controller.”
  • Processing: “any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment or combination, restriction, erasure, or destruction.”
  • Personal Data Breach: “a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored, or otherwise processed.”

1.2 Other Terms Used Herein

  • Customer: According to the introductory provisions of the Consumer Code, any natural person who acts for purposes that do not fall within the scope of their commercial, industrial, artisanal, liberal, or agricultural activity, placing an order on the Site for a Product from the Provider.
  • Site: Refers to the website www.kinpopdelights.com operated by the Provider and made available to the User.
  • Provider: Refers to the company DALE FOOD AND PET PRODUCTS, a limited liability company with a share capital of €2,000, registered with the Trade and Companies Register of Nice under number B 918 129 578, with its registered office at 1490 Pro Albert Camus 06190 Roquebrune-Cap-Martin, and can be contacted by email at contact@kinpopdelights.com.
  • User: Refers to any individual using our Site and accessing its content.

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Article 2 – What is Personal Data?

Personal data ( “Personal Data”) refers to any information that can directly or indirectly identify an individual (e.g., name, first name, email, phone number, postal address, etc.).

In this regard, the RGPD defines personal data as follows: “any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one 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 one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.”

Article 3 – Data of Minors

In accordance with the provisions of Article 8 of European Regulation 2016/679 and the French Data Protection Act, only minors aged 15 or older can provide consent for the processing of their personal data.

Users under the age of fifteen (15) are required to seek the consent of a legal guardian – as required by the Provider – for the collection of their personal data and to use the services of the Site.

The Provider shall not be held responsible for any provision of personal data by any user concerning a minor under the age of fifteen (15).

Article 4 – Collection of Personal Data

We obtain your consent.

By browsing the Site, the User will be required, on several occasions, to provide certain personal data (for the purposes outlined in Article 5).

By providing their data, the User consents to the collection and processing of the provided personal data by the Provider for the exclusive purposes detailed in Article 5 of the Policy. This consent, along with other legal grounds, serves as the legal basis for processing the collected data.

The Provider collects and processes only the data strictly necessary for the purposes for which they are processed. We commit to our Users not to process the data for purposes other than those mentioned below. If we were to offer a new service on the Site, or any other Site functionality that requires the collection and processing of data, we commit to collecting Users’ consent again before offering the new service in question.

Whenever the Site processes personal data, the Provider takes all reasonable measures to ensure the accuracy and relevance of the personal data in relation to the purposes for which they are processed.

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Article 5 – Purpose of Processing

We collect User data only for the following processing purposes:

  1. Account Creation

Any User wishing to place an order on the Site must create an account on the Site. The following information will be required:

  • First and last name
  • Email
  • Phone number
  • Mailing address

User data is processed solely for the following purposes:

(1) Validate registration on the account.

(2) Provide services related to the account (order tracking, invoices, subscription management).

(3) Manage disputes.

(4) Send invoices.

Through their account, User data is also used to send them email notifications for the following actions:

  • Order confirmation
  • Order updates
  • Invoices

The legal basis is the User’s consent as well as the performance of a Contract once the User has placed an order on the Site.

  1. Contact Form

A contact form is available on the Site. To respond to the User’s request, they must provide their first name, last name, and email.

User data is processed solely for the following purposes:

(1) Process the User’s request.

 (2) Respond to the User’s request.

The legal basis is User consent.

  1. Placing an Order

To place an order, every Customer must provide the following information: first name, last name, email, phone number, and delivery address. Payment information is managed exclusively by STRIPE, and DALE FOOD AND PET PRODUCTS does not have access to it.

The information is processed for the following purposes:

(1) Validate the order.

(2) Ship the order and provide tracking.

(3) Send invoices.

(4) Manage disputes and after-sales service.

The legal basis is the performance of a Contract between DALE FOOD AND PET PRODUCTS and the Customer.

  1. Analysis of Browsing Information

While browsing the Site, the User may be required to provide their personal login data.

Login data and browsing information are used solely for statistical studies (analysis of site traffic and user experience) and other purposes mentioned in the cookie policy.

The legal basis is as follows: Processing is necessary for the legitimate interests pursued by the Provider, particularly in offering Users a smooth and improved browsing experience.

Login data is also used to prevent and combat computer fraud.

The legal basis is compliance with a legal obligation.

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Article 6 – Data Retention Period

We do not exceed the legal data retention periods, and User data is kept only for the duration necessary for the processing of the purposes for which it was collected.

The retention periods are as follows:

  • User Data: It is retained for a maximum of three (3) years after the last contact from the User or earlier if the User has exercised a right under the General Data Protection Regulation (RGPD).
  • Customer Data: It is retained for a period of five (5) years after the end of the business relationship between DALE FOOD AND PET PRODUCTS and the Customer.
  • Invoices: They are retained for a period of 10 years after issuance.
  • Login Data: It is retained for a maximum period of 13 months.

In establishing our data processing policy, we have established a reference grid for data retention duration, developed with the recommendations of the CNIL (French Data Protection Authority). Furthermore, the Provider may retain certain personal data to fulfill its legal or regulatory obligations, enable the exercise of user rights, or for statistical purposes. At the end of the personal data retention period, it will be deleted or anonymized.

Article 7 – Access to Data

The data collected through the Site is intended exclusively for the following recipients.

7.1 Hosting of the Site

The Site is hosted by [Hosting Company Name].

The host has access to the data within the limits of its respective responsibilities for hosting the Site. It has limited access to User data in the course of performing these services and has a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data.

For more information, please refer to the privacy policy of [Hosting Company Name].

7.2 Third-party Service Providers

The Site and the Provider rely on certain third-party services to ensure certain functionalities. These third parties have limited access to User data in the course of performing these services and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data.

Payment for orders is processed by STRIPE.

Note: Please specify any other service providers or tools installed on the Site that have access to customer/user data.

User statistics data (cookies) are used to improve the user experience and enable the improvement of Site functionalities. Users are encouraged to refer to the site’s cookie policy.

7.3 Legal Obligations

The data may also be transmitted by the Provider to third parties and competent authorities to meet legal, judicial, tax, or regulatory obligations. The Provider guarantees to Users that no transfer of personal data will be made to an unauthorized third party without the prior, voluntary, informed, express, and written consent of the User.

The Provider refrains from processing, hosting, or transferring Information collected about its users to a country located outside the European Union or recognized as “inadequate” by the European Commission without first informing the data owner and obtaining their agreement.

Article 8 – Data Protection

The Provider has taken all necessary and appropriate precautions, given the state of the art, to protect your information in a secure environment to prevent destruction, loss, alteration, disclosure, or unauthorized access. Despite all efforts, no method of transmission over the Internet and no method of electronic storage is entirely secure. Therefore, we cannot guarantee absolute security. If we become aware of a security breach, we will notify the affected users so that they can take appropriate action. Our incident notification procedures take into account our legal obligations, whether at the national or European level.

In the event that the integrity and confidentiality of your data are compromised, the data controller undertakes to comply with the procedures established under the Data Protection Act of January 6, 1978, and the European General Data Protection Regulation (“GDPR”).

The Provider does not engage in any resale or outsourcing of User data

Article 9 – Rights of Individuals

In accordance with the legal provisions of the Data Protection Act of January 6, 1978, and the European General Data Protection Regulation (“R.G.P.D”), Users of the Site have the following rights:

9.1 Right of Access, Rectification, and Erasure

Users can become aware of, update, modify, or request the deletion of their data by sending an email to the data controller, specifying the purpose of their request and using the contact email address contact@kilpopdelights.com.

9.2 Right to Data Portability

Users have the right to request the portability of their personal data held by the Site or the Provider to another site by making a request for data portability to the data controller, by sending an email to the above-mentioned address.

9.3 Right to Restriction and Objection to Data Processing

Users have the right to request restriction or object to the processing of their data by the Provider, without the Provider being able to refuse, unless it can demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the user. Users must make a request for restriction of the processing of their personal data to the data controller by sending an email to the above-mentioned address.

9.4 Right Not to Be Subject to Automated Decision-Making

In accordance with the provisions of Regulation 2016/679, Users have the right not to be subject to a decision based solely on automated processing if the decision produces legal effects concerning them or significantly affects them in a similar way.

9.5 Right to Determine the Fate of Data

Users are reminded that they can determine what should happen to their collected and processed data in the event of their death, in accordance with Law No. 2016-1321 of October 7, 2016.

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Article 10 – Exercise of Rights

10.1 How to Exercise Your Rights?

To exercise any of your rights, simply:

  • Write a letter to the Provider at the address of its registered office;
  • Or send an email to the following address: contact@kilpopdelights.com.

Please include your name, first name, address, and attach proof of identity.

The data controller is Ms. Leslie ZUZEL contact@kilpopdelights.com.

Requests will be processed within one month, unless there are compelling and justified reasons for an extension of the deadline provided by the Provider.

10.2 Referral to CNIL

If the Provider does not satisfy the User’s request, the User has the right to refer the matter to the CNIL (Commission Nationale de l’Informatique et des Libertés, https://www.cnil.fr) to assert their rights.

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Article 11 – Cookie Policy

11.1 What is a Cookie?

The User is informed that a cookie is a small file deposited on the terminal of any user (computer, tablet, or mobile device) by the Site during its consultation. It does not contain any personal information but allows a connection between the User’s device and their usage preferences and experience on the Site (e.g., location, language, font size).

11.2 User Consent

For the use of “cookie” files involving the storage and analysis of personal data, the User’s consent is always requested. This consent is valid for a period of thirteen (13) months, except for any exception(s) (see Article 13), at the end of which new authorization will be requested from the User.

Article 12 – Use of Cookies

In accordance with CNIL deliberation no. 2013-378 of December 5, 2013, the Provider informs Users of the Site that cookies record certain information stored in the memory of their hard drive. This information is used to generate audience statistics for the Site and to provide services based on the information they have selected during their previous visits.

A warning message, in the form of a banner, asks each User visiting the Site in advance if they wish to accept cookies. To ensure the User’s free, informed, and unambiguous consent when visiting the Site, the banner will not disappear until the User continues their navigation and configures their choices.

Without the prior consent of the User, the deposit and reading of cookies will not be performed:

  • If anyone who visits the Site (homepage or directly on another page of the Site from a search engine, for example) does not continue their navigation: a simple lack of action cannot be considered as a manifestation of will.
  • Or if they click on the link in the banner that allows them to configure cookies and, if necessary, refuse the deposit of cookies.

We use and collect cookies for the following purposes:

  • To process statistics and traffic information on our Site and optimize it to the best possible extent.
  • To offer our users a smooth browsing experience by adapting the presentation of the Site to the user’s display preferences.
  • To remember information provided on the Site by the User.

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Article 13 – List of Cookies on the Site

The list of cookies present on the Site is as follows:

CookiesPurposeCookie TypeDuration of Storage
(Cookie Name)(What is it used for?)(Is it mandatory or optional?)(Duration not exceeding 13 months)

Article 14 – Opt-Out and Configuration

All Users can object to the storage of “cookies” by configuring their browsing software in one or more of the following ways:

  • Open a private browsing window;
  • Configure cookies via the “Cookies” Widget available on the Site’s homepage;
  • Configure the computer to display a message asking you to accept, customize, or refuse cookies on each Site or systematically;
  • Or any other means available to the user.

At any time, the user can choose to express and modify their preferences regarding cookies. The Provider disclaims all responsibility for the consequences related to the operation of the Site and any services offered resulting from:

  • The user’s refusal of cookies;
  • And/or the Site’s inability to save or access cookies necessary for their operation due to the user’s choice.

Article 15 – Browser Settings

Users can configure their browsing software to set their preferences for the use of cookies:

Users can also configure their browser to accept or reject cookies on a case-by-case basis before they are installed or delete cookies from their device. Users are informed that by configuring their browser to refuse cookies, certain features of the Site may not be accessible, and neither the Provider nor the host can be held responsible for this.

Article 16 – Modification of the Privacy Policy

DALE FOOD AND PETS PRODUCTS reserves the right to modify this Policy at any time. If a modification is made to this Policy, the new version will be immediately published on the Site, and the User’s consent will be obtained again. If the User does not agree with the terms of the new version of the policy, they have the option to no longer use the Site’s Services and to stop browsing it.

Article 17 – User’s Acceptance of the Privacy Policy

By browsing the Site, the User acknowledges having read and understood this privacy policy and accepts its terms, particularly regarding the collection and processing of their personal data, as well as the use of “cookies” files.