Privacy
Policy

ARTICLE 1: General information

Kaporal Collections, having its registered office at 20 boulevard Ampère, 13014 MARSEILLE, registered on the Trade & Companies Register of Marseille under number 378 644 603, publishes the Website www.kaporal.com (hereinafter the “Site”) which includes processing and storage of all data collected on the Site or by intermediary thereof. Kaporal has drawn up this Privacy Policy in order to disclose its policy and practices on the collection, use and disclosure of the information or data which are obtained on the Site (hereinafter “Personal Data”).

As a data controller, Kaporal complies with all current regulations that apply to the collection and processing of Personal Data relating to any natural person (private individual) of full age who visits the Site or who purchases products offered on the Site (hereinafter “Customers”). The processing of personal data has been registered with the French data protection authority (“CNIL”) under number 1243196.

Kaporal may modify its Data Privacy Policy at any time (see article 9: “Changes and updates to the privacy policy”). The most recent version of the Privacy Policy may be read by clicking on the “Privacy Policy” link shown at the foot of the Site home page.

In using the Site, the Customer accepts that Kaporal collects, uses and transmits information pertaining to him in the conditions defined in this Privacy Policy. If the Customer does not accept the terms of this Privacy Policy or any amendment made thereto, Kaporal requests that the Customer kindly leaves the Site and does not purchase any Kaporal product offered for sale on this Site.

ARTICLE 2: The purpose for which Personal Data are collected on the Site

Personal Date are collected either on the basis of the Customer’s explicit consent or as is necessary to execute the Customer’s orders (performance of a contract).

Accordingly, the Personal Data are collected in order to:

- Reply to the queries sent via the “Contact Us” form;

- Enable a personal “My Account” space to be created, to join Le Klub (the customer loyalty scheme) subject to consent, and accordingly to buy our products on-line and to enjoy certain personal benefits;

- Manage any on-line orders, delivery thereof and any warranties that apply;

- Manage and optimise the customer relationship;

- Subject to consent: send information on our offers, news and events (newsletters, invitations and other publications);

- Improve how the site operates;

- Offer personalised services;

- Compile anonymous statistics, retained by companies in the Kaporal Group.

The Personal Data which are essential for Kaporal to fulfil the purposes described above are marked with an asterisk on the various different Webpages. If these mandatory fields are not filled in, Kaporal will be unable to respond to the Customer’s queries and/or supply the products and services requested. The other information is optional in nature and enables Kaporal to get to know its customers better and improve its communication and services.

ARTICLE 3: Personal Data collected on the Site

The Personal Data which Kaporal is likely to collect and process are as follows:

- Data pertaining to identity, in particular, title, last name, first name, date of birth, name on social networks, delivery address, billing address, phone number, email address, shoe size, garment size, photos, etc.;

- Data pertaining to the “Tribe”, in particular first name, date of birth, shoe size and garment size;

- Data pertaining to means of payment, subject to consent, in particular, partial credit card number and expiry date;

- Data pertaining to monitoring the commercial relationship, in particular tracking order number, purchasing history, requests or correspondence with the Customer Services department;

- Customers’ preferences and interests

- Technical data, in particular the IP address or browser details.

Mandatory fields are indicated by an asterisk during data collection.

ARTICLE 4: Intended recipient of the Personal Data

The Personal Data are processed by Kaporal.

They will not be processed or rendered accessible to any third party with the exception of:

  • Any of Kaporal’s subcontractors exclusively for technical reasons, managing marketing operations (subject to consent) and logistics (carriers, host and Site maintenance service-providers, etc.)
  • Any reorganisation of the Kaporal Group, including the transfer or sale of all or part of its assets, merger, takeover, demerger and more generally any restructuring operation
  • Other companies in the Kaporal Group for purposes of managing and optimising the customer relationship
  • In the event this disclosure is required by the law, a regulation or a court decision, or if this disclosure is necessary to ensure its rights are protected and defended
ARTICLE 5: Transfer of Personal Data abroad

Kaporal does not transfer any Personal Data outside the European Union.

ARTICLE 6: Period of retention of Personal Data

Kaporal undertakes to use the Personal Data only during the period necessary for performing the operations described above.

The Personal Data collected and processed in the context of the “Contact Us” page will be retained only for the period in which your request is processed. They will subsequently be destroyed.

Data relating to the Customer’s orders will be retained by Kaporal for a period not exceeding the legal limitation periods that apply. These data may be consulted on the customer account so long as it remains active. As soon as the customer account is closed, these data will (i) be archived for accounting and probative purposes during the aforesaid limitation periods, or (ii) destroyed if the said periods have expired. 

Data identifying the customer used for sending newsletters and other Kaporal publications, shall be retained for a period of three years from their collection or from the last contact made by the Customer, for instance requesting documentation, clicking on a hyperlink contained in an email or a text message, logging on to the Website (from the Customer or Le Klub accounts) or making a purchase with Kaporal.

The Customer and/or Le Klub accounts shall remain active for a period of three years from the last contact made by the Customer, for instance requesting documentation, clicking on a hyperlink contained in an email or a text message, logging on to the Website (from the customer or Le Klub accounts) or making a purchase with Kaporal or until the Customer has requested they be closed.

Before this three-year period expires, Kaporal may renew contact with the Customer in question to find out whether or not he wishes to (i) continue to receive newsletters or other Kaporal publications and/or (ii) maintain his Customer and Le Klub Accounts. The data will be destroyed at the earliest opportunity from the unsubscribe request.

Finally, connection and traffic logs collected in the context of cookies and other trackers put in place on our Site and previously accepted by the Customer, will be retained in accordance with the applicable regulations for a period not exceeding thirteen (13) months. For more details, see our Policy on the Use of Cookies.

ARTICLE 7: Connecting from a FaceBook account

The Site contains a link connecting from your Facebook account. Kaporal has no control of the content of FaceBook or its personal data protection policy. Kaporal only collects the default fields communicated and made available by Facebook.

 

ARTICLE 8: Security

Kaporal will use its best efforts to protect its Customers’ Personal Data from damage, loss, misuse, intrusion, disclosure, corruption or destruction.

Kaporal’s information systems are the subject of state-of-the-art physical and electronic protection. Physical and electronic backups are made of the Data collected on Site, in accordance with current French legislation on the protection of personal data.

Employees of Kaporal who, because of their duties, will have access to its Customers’ Personal Data, undertake to treat the same with the utmost confidentiality.

Despite the measures put in place by Kaporal, there is no reliably secure method of transmitting data over the Internet. All information on-line may potentially be intercepted and used by persons other than the desired recipient. Kaporal incurs no liability for these events arising from a case of force majeure.

ARTICLE 9: Changes and updates to the privacy policy

Kaporal is liable to modify its Privacy Policy at any time. Should Kaporal wish to use it Customers’ Personal Data in a manner that differs from that specified by the Privacy Policy in force at the time of collection, these changes will be published in a new version of the policy.

Because of changes that might be made to our Privacy Policy, we would invite Customers to re-visit this page on a regular basis.

ARTICLE 10: Rights of persons over the data collected

Customers have a general right to access, modify, rectify and erase any Personal Data relating to them.

To simply correct data relating to identity (email address, phone number, postal address), the Customer can report this to:

  • At a high-street store, or
  • On the Website in the “My Account” / “My details” space, or
  • By electronic mail to the following address dpo@kaporal.com

Kaporal suggests that Customers no longer wishing to receive any communication should unsubscribe by one of the following means:

  • Simply clicking on the unsubscribe link located at the bottom of each Newsletter, or by replying STOP to promotional text messages
  • By completing the contact us form and by specifying your request, and the email address and/or phone number to be unsubscribed in your message.
  • By checking “NO” on the form accessible on the Site by clicking on “My Account / My Information”

For any other request, the Customer may exercise his rights by sending his request to our Customer Services Department by any of the following means:

  • By electronic mail to the following address dpo@kaporal.com
  • By post to the following address:
    • For the customer account: Kaporal Collections – Web Customers Department – 20 Boulevard Ampère – 13014 Marseille - France
    • For the “Le Klub” account: Kaporal Collections – Marketing Department – 20 Boulevard Ampère – 13014 Marseille - France

When made by letter or email, such requests for access, correction or opposition must be accompanied by a photocopy of the ID of the person exercising this right.

Kaporal will take such requests into account at the earliest opportunity.

ARTICLE 11: Governing law - disputes

This Privacy Policy is governed by and interpreted in accordance with French law. The French jurisdictions in Marseille are territorially competent to hear any dispute with the exception of the special jurisdiction rules, in particular in case of dispute with a consumer. In case of a dispute over the manner in which Kaporal collects and processes the Personal Data, Customers are at liberty to bring a complaint before a competent auditing or inspection body.