This policy for the use of personal data applies to the THE PÉPITEURS application offered by SAS THE PÉPITEURS, hereinafter “the Application ”.

1. Parties 

1.1

THE PÉPITEURS, a simplified joint-stock company with share capital of €2,000.00, registered with the Toulouse Trade and Companies Register under number 904 203 882, having its registered office at ROUTE DE PRÉSERVILLE 31450 ODARS, represented by Mr. Lionel PRADEAU, manager, and duly authorized for this purpose; hereinafter “THE PÉPITEURS”.

THE PÉPITEURS is responsible for processing within the meaning of Regulation (EU) n°2016/679 General on Data Protection of April 27th 2016, with regard to the collection and processing of Personal Data.

1.2

The User declares to have the capacity and the necessary authorizations to give his consent.

The THE PÉPITEURS application allows you to pay a tip to the E-merchant following a purchase on its website.

2. Definitions 

 These definitions are used throughout the Personal Data Policy : 

 “Application”: Refers to THE PÉPITEURS online tipping application.

“E-merchant”: Refers to the e-merchant who offers the Services of the Application after a purchase made on its website.

“User”: Refers to any person using the Application after a purchase from an E-merchant. 

“Controller”: Means the legal entity which, alone or jointly with others, determines the purposes and means of the processing of personal data. THE PÉPITEURS is the Data Controller. 

“Services”: Refers to all the online services provided by THE PÉPITEURS and which Users can access from the Application. 

3. Purpose

The Personal Data Policy (hereinafter “the Policy”) is taken pursuant to the Data Protection Act No. 78-17 of January 6th 1978 as amended, as well as the law “for confidence in the digital economy” no. ° 2004-575 of June 21st 2004. 

The Policy presents THE PÉPITEURS ’ commitments for the protection of the personal data of the Users of the Application and provides information relating to the procedures for collecting and using the personal data of the Users and the options they have in this regard. 

The Policy is accessible from the post-purchase window of the E-merchant’s website. THE PÉPITEURS invites Users to read it carefully and refer to it regularly.  

The Policy is independent of any other document that may apply within the contractual relationship between THE PÉPITEURS and its customers, in particular its General Conditions. Link : General Conditions of Use

4. Data collected by the controller 

4.1

The Application collects and processes different types of personal data in order to allow Users to benefit from the Services offered under the best conditions and in an optimal manner. 

The personal data collected by THE PÉPITEURS is of a non-technical and technical nature:  

- Non-technical data: Data relating to identity (gender, first name and initials of the family name); contact data (zip code, email address); commercial data (content of the cart, amount of the cart, tip category chosen, order number, message accompanying the tip, etc.); type of device used.  

- Technical data: Identification data (IP address, etc.), financial data (means of payment, etc.). 

The personal data collected by THE PÉPITEURS depends on whether the Service is used or not. 

Mandatory information to be communicated to THE PÉPITEURS for the proper performance of the services is represented by an asterisk. If the User does not provide mandatory information, THE PÉPITEURS will not be able to perform the desired service.

4.2

According to Article 5 of the GDPR, personal data is: 

- Collected for specified, explicit and legitimate purposes, and not further processed in a manner incompatible with these purposes: purpose limitation; 

 - Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed: minimization of data. 

 For each processing operation, THE PÉPITEURS only collects and uses the data that is relevant and necessary for the objective pursued. 

THE PÉPITEURS collects Users ’ personal data on the Application within the E-merchant’s Order form or within the tip window appearing post-purchase. 

5. Persons concerned by the collection of personal data

The category of persons concerned by the collection and processing of personal data by THE PÉPITEURS company are Users who make a purchase on the website of an E-merchant who offers the Services of the Application. 

6. Purpose of the data collected  

THE PÉPITEURS collects and processes personal data strictly within the framework of the intended purposes and according to use in accordance with the legal provisions in force. 

THE PÉPITEURS collects and processes the personal data of Users in order to allow them to benefit from optimal use of the Services offered by the Application as well as to ensure all the necessary security measures during the transmission of data. 

Through the Application, THE PÉPITEURS provides Users with various Services, for which it collects and processes the personal data of its Users.

This data is collected in particular for: 

- The management of tips; 

- Statistical analysis of tips; 

- The management and moderation of messages left following the payment of a tip; 

- The management by the E-merchant of the messages left following the attribution of a tip ; 

- Paid access to statistics and personal data by the E-merchant.  

The User has the right at any time to withdraw his consent given, or to oppose any processing of his personal data collected.

7. Consent 

The legal basis for the processing of personal data is the User ’s consent. In some cases, the processing of the data collected is necessary for the execution of pre-contractual measures. THE PÉPITEURS undertakes, when the applicable regulations in force require it, to obtain the explicit, specific and prior consent of the User,  and/or to allow him to oppose the use of his personal data for certain purposes, and/or to access and/or rectify information about him. 

8. Use and retention of personal data  

8.1 Transfer of data to recipients 

THE PÉPITEURS transfers the statistics associated with the personal data collected to the E-merchant for a fee.

THE PÉPITEURS is likely to communicate the data collected to the duly authorized staff of the internal services of THE PÉPITEURS. 

THE PEPITEURS is likely to communicate the data to the duly authorized staff of its service providers and subcontractors.  

THE PÉPITEURS and its service providers implement strict privacy and personal data protection measures. Personal data is communicated for the sole purpose of achieving the purpose for which it is collected, in accordance with this Personal Data Policy.  

Service providers, acting as subcontractors, have access to Users ’ personal data strictly necessary for the performance of their services but are not authorized to use them for other purposes. 

In accordance with the regulations in force, personal data may be transmitted to the competent authorities upon request. 

THE PÉPITEURS may also transfer personal data to a country outside the European Union. In such cases, THE PÉPITEURS ensures that the processing implemented respects a level of protection of personal data corresponding to the one required by the regulations. 

THE PÉPITEURS ensures that it does not transmit any personal data to partners for any other purposes that do not meet the needs of the purposes indicated in article 6 of this Policy. 

8.2 Data storage and security  

THE PÉPITEURS implements physical, logical, technical and organizational storage and security measures to protect the personal data of Users, in particular through archiving, the implementation of software protection measures and the encryption of personal data, with the aim of guaranteeing the confidentiality, integrity and conservation of the data and preventing unauthorized access. 

The personal data collected and processed is hosted by the service provider hosting Shopify, Google LLC (links).

In the event of a breach of the data system, THE PÉPITEURS undertakes to notify the competent authorities within the legal period.

9. Shelf life  

 THE PÉPITEURS undertakes to keep the personal data collected only for a legal period and for the purposes provided for the processing of the data.  

The data collected from Users is kept for a maximum period of five (5) years from the end of the commercial relationship. 

The documents and accounting documents are kept for ten (10) years, as accounting proof. 

10. User rights  

The User has a right of access, rectification, erasure, opposition, limitation and portability of the data that has been collected from the Application.  

For this, they must send an e-mail, their full identity, and the right they wish to exercise:  

■ To the e-mail address: contact@thepepiteurs.com    

■ Or at the following mailing address : 

THE PEPITEURS

ROUTE DE PRÉSERVILLE

31450 ODARS 

The User will mention his complete contact details (surname, first name, address, telephone, e-mail address) and specifying the subject of his correspondence. He may be asked to prove his identity. 

Any request to exercise rights, and in particular the right of access, will be processed within the legal period in force (one (1) month). If the User provides incorrect information, THE PÉPITEURS cannot be held liable.  

If the use of the right of access is abusive or requires disproportionate effort, the response to this request may require payment from the person concerned corresponding to the costs incurred. 

However, it is specified that the implementation of the right to erasure of data, the right to oppose the processing of data; the right to limit data processing and/or the right to withdraw consent at any time to data processing may result in the User being unable to access the Service. 

11. Automated Decision Making  

It is indicated that, by means of the personal data collected, there is no automated decision-making within the meaning of the Regulations in force. 

12. Cookie Policy 

To access the Cookies Policy, please click here using this link: Cookies Policy

13. Changes  

THE PÉPITEURS reserves the right to modify or update this Policy for the use of personal data at any time, in particular to comply with any regulatory, jurisprudential, editorial and/or technical developments.  

These changes will be published in this section. 

Users are invited to regularly consult the Policy for the use of personal data and to check whether any changes have been made to it. 

14. Disputes  

In accordance with the applicable regulations, in the event of failure of any amicable attempt concerning the personal data that THE PÉPITEURS collects and processes on its Users, the competent body to assert these rights is the National Commission for Computing and Freedoms (CNIL) in France. For more information, the User can consult the website www.cnil.fr 

This contract is subject to French law. 

The language of this contract is French.  

In the event of a dispute, the French courts will have sole jurisdiction.