Privacy Policy - Le Cerisier

1. GENERAL WARNING

1.1 Le Cerisier en Ville (hereinafter, ‘Le Cerisier’) and ZENCHEF (hereinafter, “ZENCHEF”), (hereinafter, collectively referred to as the ‘Data Controllers’), respect the privacy of their users (hereinafter, the ‘Users’).

1.2 The Data Controllers process the personal data transmitted to them in accordance with the legislation in force, and in particular Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, applicable from 25 May 2018 (hereinafter, the ‘General Data Protection Regulation’).

1.3 Access to the website (hereinafter, the ‘Website’) implies the User’s full and unreserved acceptance of this Privacy Policy (hereinafter, the ‘Privacy Policy’), as well as its general terms and conditions of use (hereinafter, the “GTCU”) and the cookie policy (hereinafter, the ‘Cookie Policy’).

1.4 The User acknowledges having read the information below and authorises the Data Controllers to process, in accordance with the provisions of the Privacy Policy, the personal data that they provide on the Website as part of the service made available by the Data Controllers on their Website (hereinafter, the ‘Service’).

1.5 The Privacy Policy applies to all pages hosted on the Website and to the records of this Website. It does not apply to pages hosted by third parties to which the Data Controllers may refer and whose privacy policies may differ. The Data Controllers cannot therefore be held responsible for any data processed on or by these websites.

2. DATA CONTROLLERS

2.1 Access to the Website does not require the provision of personal data, such as surname, first name, postal address, email address, etc.

2.2 As part of the Service, the User may be required to provide certain personal data. In this case, the data controllers are:

Zenchef, SAS with capital of 848,55€,

Registered with the Paris RCS under number 528 389 794,

With its registered office at 63 avenue de Villiers, Paris 17th arrondissement (75017).

privacy@zenchef.com

AND

Le Cerisier en Ville

With its registered office at 14 AVENUE DU PEUPLE BELGE 59800, LILLE.

bonjour@lecerisier.com

2.3 Any questions or requests regarding the processing of this data may be sent to the following address: privacy@zenchef.com.

3. DATA COLLECTED

3.1 By completing the registration form on the Website and/or using the Service, the User allows the Data Controllers to record and store the following information for the purposes mentioned in point 4:

identification data, such as first and last name, e-mail address, postcode, a message and telephone number
communications between the User and the Data Controllers

3.2 The User also authorises the Data Controllers to record and store, for the purposes mentioned in point 4:

information voluntarily provided by the User for a specific purpose in the Privacy Policy, the general terms and conditions of use (hereinafter, the ‘GTCU’), the Cookie Policy, on the Website or on any other communication medium used by the Data Controllers
additional information requested by the Data Controllers from the User in order to identify them or prevent them from violating any of the provisions of the Privacy Policy

3.3 In order to facilitate navigation on the Website and optimise technical management, the Website may use ‘cookies’. These ‘cookies’ record, in particular:

the User’s browsing preferences
the date and time of access to the Site and other traffic-related data
pages viewed

All information relating to cookies is included in the Cookie Policy of the Data Controllers.

3.4 When the User accesses the Website, the servers consulted automatically record certain data, such as:

the type of domain with which the User connects to the Internet
the IP address assigned to the User (at the time of connection)
the date and time of access to the Site and other traffic data
location data or other communication data
the pages viewed
the type of browser used
the platform and/or operating system used
the search engine and keywords used to find the Site
browsing preferences communication preferences

3.5 No personal data that could identify the User is collected through cookies and servers consulted. This information is stored solely for statistical purposes and to improve the Website..

3.6 We use GoCardless software to manage direct debits. Further information on how GoCardless handles personal information and data protection rights – including the right to object – is available at https://gocardless.com/fr-fr/legal/politique-de-confidentialite/ .

4. FINALITES DU TRAITEMENT

4.1 The Website collects, records and uses its Users’ data for the following purposes in particular:

to establish, implement and manage the contractual relationship with the User
to analyse, adapt and improve the content of the Website
to provide the Service
to enable the User to receive messages
to facilitate the provision and use of the Website
to personalise the User’s experience on the Websit
to respond to requests for information
for any marketing and promotional activities offered by the Data Controllers to Users who have given their consent
to facilitate the estimation of potential no-shows related to the User’s booking
to inform them about developments to the Website and its features
for any other purposes for which the User has expressly given their consent.

5. RIGHTS OF THE PERSON CONCERNED

5.1 According to regulations governing the processing of personal data, the User has the following rights:

Right to be informed of the purposes of the processing (see above) and the identity of the data controller.
Right to access and verify data: Users may at any time access the data that Data Controllers hold about them or verify whether they are included in the Data Controllers’ database.
Right to object: Users may object at any time to the use of their data by the Data Controllers and their active partners, including partner restaurants.
Right to erasure and/or modification: Users may at any time notify the Data Controllers of any corrections to be made to their data and, where applicable, request the erasure of their personal data.
Right to restriction of processing: the User may obtain restriction of processing in particular when they have objected to the processing, when they contest the accuracy of the data, or when they consider that the processing is unlawful.
Right to portability: The User has the right to receive the personal data they have provided to the Data Controllers and may also request that they transfer this data to another data controller.

5.2 The User may at any time request access to their personal data, verify it, transfer it, limit its processing in certain cases mentioned above, and rectify it. Users may also request, free of charge, the rectification and, where applicable, the deletion of all their personal data from the database of the Data Controllers – with the exception of data that the Data Controllers are legally obliged to retain – and object to the use of such data and, where applicable, request its restriction.

In order to exercise their rights, Users must send a written request, accompanied by a copy of their identity card or passport, to the data controller:

by e-mail: privacy@zenchef.com
by post: ZENCHEF

63 avenue de Villiers

75017 Paris

5.3 The Data Controllers will then take the necessary steps to comply with this request as soon as possible and in any event within one month of receiving the request. If necessary, this period may be extended by two months, taking into account the complexity and number of requests.

6. SHELF LIFE

6.1 The Data Controllers will retain the personal data of its Users for as long as necessary to fulfil the purposes pursued (see point 4).

6.2 The Data Controllers may also continue to hold personal data concerning the unsubscribed User, including any correspondence or requests for assistance sent to the Data Controllers, in order to be able to respond to any questions or complaints that may be addressed to them after the use of the Service, and in order to comply with all applicable laws, particularly in relation to taxation.

7. COMPLAINT TO THE SUPERVISORY AUTHORITY

The User is informed that they have the right to lodge a complaint with the Commission Nationale de l’Informatique et des Libertés (CNIL), whose contact address is as follows:

Commission Nationale de l’Informatique et des Libertés

Complaints Department

3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07

An online complaint form is available by clicking on the following link: https://www.cnil.fr/fr/plaintes

8. SECURITY

8.1

The Data Controllers have taken appropriate organisational and technical measures to ensure a level of security appropriate to the risk and to ensure that the servers hosting the personal data processed prevent, as far as possible:

unauthorised access to or modification of such data;
inappropriate use or disclosure of such data;
unlawful destruction or accidental loss of such data.

8.2 In this regard, employees of the Data Controllers who have access to this data are subject to a strict obligation of confidentiality. However, the Data Controllers cannot be held liable in any way in the event of misuse of this data by a third party despite the security measures adopted.

8.3 Users undertake not to engage in any conduct that may be contrary to this Privacy Policy, the Terms of Use, the Cookie Policy or, in general, the law. Violations of the confidentiality, integrity and availability of computer systems and data stored, processed or transmitted by these systems, or attempts to commit any of these violations, are punishable by law.

9. COMMUNICATION TO THIRD PARTIES

9.1 The Data Controllers consider personal data to be confidential information. They will not disclose it to third parties under conditions other than those specified in the Privacy Policy, such as to achieve the objectives set out in point 4, or under conditions where they are required to do so by law.

9.2 The Data Controllers may disclose their Users’ personal information to third parties to the extent that such information is necessary for the performance of a contract with their Users. In such cases, these third parties shall not disclose this information to other third parties, except in one of the following two situations:

disclosure by these third parties of this information to their suppliers or subcontractors to the extent necessary for the performance of the contract;
where these third parties are required by applicable regulations to disclose certain information or documents to the competent authorities in the fight against money laundering, as well as, in general, to any competent public authority.

9.3 The disclosure of this information to the aforementioned persons shall, in all circumstances, be limited to what is strictly necessary or required by applicable regulations.

10. TTRANSFER TO A COUNTRY THAT IS NOT A MEMBER OF THE EUROPEAN UNION

The Data Controllers shall only transfer data to a country that is not a member of the European Union if that country ensures an adequate level of protection within the meaning of the legislation in force, and in particular Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, applicable from 25 May 2018

11. DIRECT MARKETING

11.1 Personal data will not be used for direct marketing purposes for items or services other than those to which the User has already subscribed, unless the User has given their prior explicit consent by ticking the boxes provided for this purpose. (« opt-in »).

11.2 When the User has given their consent for the use of this information for direct marketing purposes, they retain the right to object to such use at any time, upon request and free of charge. To do so, the User simply needs to send their request to the following address: privacy@zenchef.com.

12. NOTE REGARDING MINORS

Persons under the age of 18 and persons who do not have full legal capacity are not authorised to use the Website. The Data Controllers request that they do not provide them with their personal data.

13. UPDATES AND CHANGES TO THE PRIVACY POLICY

Provided that Users are informed by email, on the Website or by other means, the Data Controllers may modify and adapt the Privacy Policy, in particular to comply with any new applicable legislation and/or regulations (such as the General Data Protection Regulation applicable from 25 May 2018), the recommendations of the CNIL, the guidelines, recommendations and best practices of the European Data Protection Board, and the decisions of the courts and tribunals in this area.

14. VALIDITY OF CONTRACTUAL CLAUSES

14.1 The failure of the Data Controllers to invoke a provision of the Privacy Policy at a given time shall not be construed as a waiver of their right to invoke that provision at a later date.

14.2 The invalidity, expiry or unenforceability of all or part of any of the preceding or following provisions shall not invalidate the entire Privacy Policy. The provision that is wholly or partially void, lapsed or unenforceable shall be deemed unwritten. The Data Controllers undertake to replace this provision with another that will, as far as possible, pursue the same objective.

15. APPLICABLE LAW AND COMPETENT JURISDICTION

15.1 The validity, interpretation and/or enforcement of the Privacy Policy are subject to French law, to the fullest extent permitted by applicable rules of private international law.

15.2 In the event of a dispute concerning the validity, interpretation or enforcement of the Privacy Policy, the Courts and Tribunals of Paris shall have exclusive jurisdiction, to the fullest extent permitted by applicable rules of private international law and civil procedure.

15.3 Before taking any steps towards the judicial resolution of a dispute, the User and the Data Controllers undertake to attempt to resolve it amicably. To this end, they shall first contact each other before resorting, where appropriate, to mediation, arbitration or any other alternative dispute resolution method.

Cookies

If you go to the login page, a temporary cookie will be created to determine whether your browser accepts cookies. It does not contain any personal data and will be deleted automatically when you close your browser.

When you log in, we will set up a number of cookies to record your login information and screen preferences. The lifetime of a login cookie is two days, and that of a screen option cookie is one year. If you tick ‘Remember me’, your login cookie will be kept for two weeks. If you log out of your account, the login cookie will be deleted.

When you edit or publish a post, an additional cookie will be stored in your browser. This cookie does not contain any personal data. It simply indicates the ID of the post you have just edited. It expires after one day.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other sites behaves in the same way as if the visitor were visiting that other site.

These websites may collect data about you, use cookies, embed third-party tracking tools, track your interactions with this embedded content if you have an account logged in to their website.

Use and disclosure of your personal data

If you request a password reset, your IP address will be included in the reset email.

How long we keep your data

If you leave a comment, the comment and its metadata are retained indefinitely. This allows subsequent comments to be recognised and approved automatically, rather than being held in a moderation queue.

For accounts that register on our site (if applicable), we also store the personal data provided in their profile. All accounts can view, edit, or delete their personal information at any time (except for their username). Site administrators can also view and edit this information.

Your rights regarding your data

Suggested text: If you have an account or have left comments on the website, you may request to receive a file containing all the personal data we hold about you, including that which you have provided to us. You may also request the deletion of your personal data. This does not include data stored for administrative, legal or security purposes.