Personal Data Charter

1. Personal Data Charter

The Captain Tortue Group and its subsidiaries (hereinafter the “Group”) are committed to protecting your Personal Data.
Personal Data is data that identifies you, directly or indirectly, either by using the data you provided, or by combining this data with other information already in, or that may come into, our possession; this includes data such as your full name, place of residence or your login details.
This Privacy Statement sets out how the Captain Tortue Group collects, uses, discloses, stores, associates, updates, retains, disposes, deletes, adapts, disseminates or makes available your Personal Data:
o    on our Captain Tortue European websites (our “Websites”);
o    whenever you interact with our support services or ask us for information, regardless of the mode of communication;
o    whenever you attend Captain Tortue UK Ltd events, and
o    whenever you publicly display information about Captain Tortue UK Ltd, or you communicate directly with us through social networks, third-party applications and similar technologies.

We take technical and organisational measures to protect your Personal Data, and we comply with data retention practices in accordance with applicable law.

All Personal Data collected by Captain Tortue is treated with the strictest confidentiality and transparency, in accordance with the Data Protection Act 1988 and the Freedom of Information Act 1997, and EU Regulation 2016/619 of 27 April 2016 pertaining to the protection of personal data.

All Personal Data previously collected on the Website is stored in the European Economic Area.

In accordance with the regulations on the protection of Personal Data, our client file has been declared to the British Data Privacy Supervisor, i.e., the Information Commissioner’s Office (declaration number ICO: 00010053837).


The Personal Data that we process

We obtain Personal Data that you provide to us, both online and offline.

The data controller is the person in charge of one or more processing operations carried out using Personal Data for which the data controller determines the purposes and means. The management of the Captain Tortue Group is responsible for all processing of your Personal Data within the scope of this Charter.

We ask for Personal Data whenever you sign up to receive information about our services, special offers, events and product updates.

The Personal Data that we ask for includes your full name, address, telephone number, date of birth, email address, gender, your commercial preferences, and your consumer preferences and habits.

We may also process Personal Data relating to articles that you post on social networks, third-party applications and similar technologies.

Whenever you visit our Websites, we automatically collect the following information (including Personal Data):

o    Technical data, including the Internet Protocol (IP) address used to connect your computer to the Internet, your connection information, the type of browser you are using and its version, the time zone settings, the types of plug-ins used by your browser and their versions, the system and the operating platform; and 
o    Data about your visit, including the full URL, the click path that led you to our site and well as your click path inside and from our site (including the date and time), the products you have seen or searched for, the page-response times, download errors, the length of visits to certain pages, page interaction data (such as scrolling, clicks and hovering on images), and the methods used to navigate from the page.

Our Websites may also place cookies on your computer. Please refer to the “Cookies” section below for more information.

An asterisk (*) is used to indicate the mandatory or optional nature of the data we request. Please note that some data is collected automatically as a result of the actions you carry out on the captaintortuegroup.com site.


Processing your data to provide you with the best possible service 

We process your Personal Data in accordance with the prevailing legislation for the following purposes:

o    to organise or help us coordinate promotional events and their activation,
o    to organise satisfaction surveys,
o    to answer any questions or provide you with information, products or services that you have requested, in particular with regard to our user support service,
o    to manage our accounts and our files,
o    to manage our Websites and help us improve our products and services,
o    to offer you, where appropriate, the option to communicate with other Website users, or prospects, customers, distributors and employees of the Captain Tortue Group,
o    to personalise your services by displaying advertisements based on the user’s browsing history, according to their preferences,
o    to prevent or detect fraud, in particular malware (malicious software), including any abuse of our Websites,
o    to manage security incidents,
o    to fulfil our obligations pursuant to a contract between you and us,
o    to conduct research and analysis,
o    to facilitate your access and use of our Websites,
o    to manage and optimise the operation of our Websites,
o    to manage the conditions of use of remote payment services,
o    to verify, identify and authenticate data sent by users,
o    to personalise your experience on the Website (in particular as described in the «Cookies» section below) and to enable us to offer the type of content and product offerings for which you or our consumers in general have expressed a special interest, and in particular to deliver personalised ads and emails, 
o    to manage any disputes with users,
o    to comply with current legislation, regulations and court decisions.

If you have subscribed, we also process your Personal Data to send you information about:

o    product launches,
o    special offers, sales and promotional information,
o    special events.

Please note that we also associate Personal Data that you have submitted to us on our Websites with other Personal Data about you that Captain Tortue UK Ltd may have obtained by other means, such as Personal Data collected during our workshops, events or interaction via social networks, third-party applications or similar technologies.


Sharing Personal Data

Captain Tortue UK Ltd does not disclose or sell your Personal Data. Only duly authorised persons within our company will have access to your Personal Data, and even then only to the extent necessary and for the purposes mentioned above.

However, we may be required to share your Personal Data:

o    with third-party service providers and Captain Tortue Group subsidiaries that process your Personal Data in accordance with the purposes set out above or for the purposes for which you have consented, doing so in our name (for example, sometimes a third-party service provider may have access to your Personal Data to ensure the proper functioning of our technology or to advertise product promotions on our behalf in compliance with legislative and regulatory provisions,
-    more specifically, when our Website has recourse to service providers to offer assistance to users, advertising and payment services. These service providers have limited access to users’ data, within the framework of providing the said services, and are contractually obligated to use the data in accordance with the provisions of the applicable regulations pertaining to the protection of personal data,
o    when you publish information accessible to other internet users in the free text comment fields of a Website,
o    when you authorise the website of a third party to access your data,
o    whenever required to ensure the security or integrity of our databases or our Websites,
o    whenever required in the case of legal proceedings (for example concerning the distribution of counterfeit or unauthorised products) and as a precautionary measure to avoid incurring liability,
o    in the event of a sale, merger, reorganisation, change of legal form, dissolution or any similar event and/or to a potential or actual successor, whenever the prevailing legislation authorises us to do so,
o    whenever required by applicable law. For example, if so required by law, we may share data in order to process complaints brought against the Captain Tortue Group and to comply with administrative and legal proceedings.

In all cases, we will implement the necessary administrative, technical and physical security measures to protect your Personal Data, and to ensure its protection by third parties.

Captain Tortue UK Ltd may sometimes transfer your Personal Data to its subcontractors outside the European Union, doing so for the same reasons as those described above. In such cases, over and above our general commitments in terms of the security and confidentiality of your data, we undertake to ensure appropriate security controls to protect your Personal Data against any foreseeable danger in accordance with UK and European regulations. Ensuring the data protection of our current and prospective customers is a priority for Captain Tortue UK Ltd.

If we wish to share your Personal Data with third parties other than those described above, we will always ask for your permission.


Security and confidentiality of your Personal Data

The Group implements the necessary organisational, technical, software and physical digital security measures so as to protect Personal Data against alternation, destruction and unauthorised access.

However, it must be noted that the internet is not a fully secure environment and the Group cannot guarantee the security of information that is sent or stored via the internet.


Retention of your Personal Data for a certain period of time

Your Personal Data is retained for the time necessary to fulfil the objective underlying the collection of such data, i.e. 36 months from the date of your last purchase, your last communication with the Captain Tortue Group, or the date of termination of your contractual relationship with the Captain Tortue Group (whichever of these dates is the latest).

Your data will then be archived with restricted access, solely for use in defending the Captain Tortue Group’s rights or in response to an administrative or judicial request, for an additional duration and until the statute of limitation is reached (except for actions, requests and procedures that are on-going). The statute of limitation in relation to consumer issues is three years. It is ten years in relation to other aspects. Beyond these limitations, your data will be deleted.


Social Platforms and links to other sites 

Our Websites contain plug-ins for social networks, including Twitter, Google+, Pinterest and Facebook. If you interact with these plug-ins, your activity on our Websites will also be made available to these social platforms. Captain Tortue UK Ltd does not control these platforms and is not responsible for the processing of Personal Data that is performed there, or for their respective privacy policies. Therefore, we encourage you to read the privacy policies of these social platforms before interacting with their plug-ins on our Websites. Please also read the Cookies section below for more information about social media cookies.

Our Websites may also contain hypertext links to websites that we do not operate. These hypertext links are provided for reference and convenience only and do not imply our endorsement of the content or activities of these third-party sites, or any association with their operators. We do not control these websites and are not responsible for how they handle Personal Data. We encourage you to review the privacy policy posted on any website you visit before using it or before providing your Personal Data.

Captain Tortue UK Ltd nevertheless endeavours to ensure that partners are reputable. 


Your rights

The legislation pertaining to the protection of personal data gives individuals rights over the Personal Data that third parties hold about them. Within the limits provided by the prevailing legislation, you have the following rights:

  • Right of access

You can ask Captain Tortue UK Ltd to confirm that your Personal Data is, or is not, being processed by us. If your Personal Data is being processed by us, you are entitled to request a copy of this data.

  • Right of rectification

You have the right to ask the Captain Tortue Group to rectify inaccurate information about you in its database.

  • Right of deletion

You can ask the Captain Tortue Group to delete your Personal Data from its databases. However, this request must be legitimate and can only be made under certain legal and regulatory conditions, so as to preserve your rights and those of the Captain Tortue Group.

  • Right of opposition and withdrawal of consent 

You have the right to object to providing your Personal Data. In this case, your experience with the Group may be limited, or non-existent, if the Personal Data requested is necessary to the relationship between you and the Group; or your request may not be processed, for the same reasons. You have the right, in the future, to withdraw your consent to your Personal Data being processed, with the same potential consequences as those set out above.

  • Right to limit processing

You can request the suspension of processing of your data while the Group verifies one or more items of your Personal Data.

  • Right of portability

This is your right to have your Personal Data sent, to us or to another data controller, in a structured, commonly used and computer-readable format, whenever this is technically possible.

  • Right to set guidelines for the management of our data after death

In the absence of instructions from you, after a certain period of inactivity, Captain Tortue UK Ltd deletes your data. Nevertheless, your heirs may, after your death, exercise the rights to your data.

  • Right to lodge a claim with the Information Commissioner’s Office

You may lodge a complaint if you consider that the processing of your Personal Data constitutes a violation of the applicable regulations. If you wish to receive additional information about your rights, and more specifically about this right, please visit the Information Commissioner’s Office website.

Please note that if you limit your consent, you may not be able to use all the functionalities of this Website or those of other Sites or online services.


Contact person to exercise your rights

For any general questions relating to this charter, you can send us a request, either by post or by email, to the addresses below.

You can also send any requests to exercise your rights to these addresses. To this end, in order to comply with regulations, your request must be accompanied by a legible and comprehensible copy of a valid identity document.

By post to:
CAPTAIN TORTUE UK Limited
1st Floor Mill House 
Mill Bay Lane 
Horsham 
West Sussex RH12 1SS
United Kingdom

By email to: dataprotection@captaintortuegroup.com.

If you feel that the processing of your Personal Data does not comply with regulations, you may:
-    Contact Mr Yann Bédard, the Captain Tortue Group Data Protection Representative, at dpo@captaintortuegroup.com.
-    Submit a complaint to the CNIL (French data protection agency – www.cnil.fr). If you wish to obtain additional information about your rights, you can also visit the CNIL website.

UPDATE OF OUR DATA PROTECTION CHARTER 

This charter may be updated periodically and without notice. Any modification shall enter into effect immediately upon posting of the new charter on the Captaintortue.com Website and on mobile applications. However, we use your Personal Data in accordance with the Charter in force at the time you submit such data. We will notify you of any material changes to our charter and will seek your consent if doing so is necessary and impacts the purpose of collecting your Personal Data. In order to remain compliant at all times with the current regulations on the protection of Personal Data, this charter is reviewed annually by our services.

If you do not agree with the terms of a newly amended version of the Personal Data Charter, you have the option of exercising your rights as set out above, and in particular your right of deletion, in accordance with legal, regulatory and contractual provisions.

APPLICABLE LAW AND JURISDICTION

This charter relating to the protection of your Personal Data is governed by UK law and any disputes will fall under the exclusive jurisdiction of the UK courts.

Updated 24 May 2018

2. Cookies

In order to collect certain data described above, we use cookies on our Websites for the collection of standard data.


What is a cookie?

A cookie is a text file placed on your computer when visiting a site or viewing an advertisement. Cookies are used to collect information about your navigation and to send you services adapted to your device (computer, mobile or tablet). Cookies are managed by your internet browser.


Which cookies do we use?

  • Navigation cookies: We store the “absolute minimum” number of cookies required to ensure the proper operation of our site and the related functionalities (such as storing your shopping cart until you confirm an order).

 

  • Performance cookies: We use performance cookies to collect anonymous statistics about the browsing habits of users on our site. This data allows us to improve our site, correct any browsing problems encountered by visitors and to measure the success of any commercial operations that we implement, whilst strictly maintaining your anonymity and ensuring that you cannot be identified personally.

 

  • Functional cookies: These cookies are used to memorise the choices you make on the site (such as the storage of products you have recently viewed or your country of delivery). These cookies are used to customise your browsing on captaintortue.com, on the basis of choices you made in the course of previous visits.

 

  • Advertising cookies: Advertising cookies are provided by third parties. They are used to remember your searches when you visit our site, as well as your browsing habits, in order to provide you with targeted advertising. These cookies are anonymous and they cannot be used to identify you personally. Advertising cookies also allow us to know if you have performed an action on our Websites (notably the number of clicks on the advertising links or banners of a partner in order to pay the latter).

Social network cookies offer the possibility to connect to your social networks and share content from our website through social networks. In some cases, these cookies involve processing your Personal Data. For more information about this processing of Personal Data, see our Privacy Statement (above). If you disable these cookies, you will not be able to effectively connect to social networks such as Twitter, Google+, Pinterest and Facebook, and you will not be able to share content effectively.

We remind you that the Captain Tortue Group is not responsible for the content, security and privacy policies of these social networks, over which it has no influence whatsoever.


Specific aspects relating to Google Analytics

The Captain Tortue Group’s Website uses Google Analytics, an online analysis service provided by Google Inc. (hereinafter “Google”). Google Analytics uses cookies, which are text files deposited on your computer, to facilitate analysis of how the website is used by users. 

The data generated by cookies relating to your use of the site (including your IP address) will be anonymised by encrypting the last two bytes, and then sent to and stored by Google on servers located in the USA. Google will use this information in order to assess use of the website, to compile reports on website activity for the Group, and to provide other services relating to website activity and internet use.

Google may share this data with third parties if legally obligated to do so or if these third parties process data on Google’s behalf.

Google will not hold your IP address with any other data that it stores.

As for all other cookies relating to this Website, the storage period for the Google Analytics cookie is 13 months, using Javascript. The extraction of any IP information that may be sent to Google Analytics also uses Javascript.


Accepting and refusing cookies 

You can always choose to disable cookies. Your browser can also be set to inform you of the cookies that are stored on your computer and ask you to accept or refuse them. You can accept or refuse cookies on a case-by-case basis or refuse them systematically once and for all.

Please bear in mind, however, that your cookie settings may affect how you access any of our services that require the use of cookies.

If your browser is configured to refuse all cookies, you will not be able to benefit from essential features of our Website, such as storing items in your shopping cart or receiving personalised recommendations. It may not even be possible for you to browse the Group’s Website. In order to manage cookies in a way that best reflects your expectations, we suggest you adjust your browser settings so as to take into account the end-purpose of cookies, as detailed above.

Controlling or blocking the storage of cookies:

The configuration of each browser is different.

The steps to follow to configure your browser are detailed below for each browser (links valid on the date of update of this Privacy Statement).

o    If you use Internet Explorer: https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies
o    If you use Safari: https://www.apple.com/legal/privacy/en-ww/cookies/
o    If you use Firefox: https://support.mozilla.org/en-US/kb/cookies-information-websites-store-on-your-computer
o    If you use Chrome: https://support.google.com/chrome/answer/95647?hl=en
o    If you use Opera: https://help.opera.com/en/latest/web-preferences/ 
o    If you use iOs: https://support.apple.com/en-gb/HT201265
o    If you use a number of terminals, be sure to adjust the browser settings according to your preferences.

Consent
To comply with the prevailing legislation, we must ask for your consent to define some of the cookies described above. When you reach our Website, a pop-up footer appears asking you for your consent to store cookies on your device. For more information or to change your preferences, click on the “More info” button or read this charter carefully. If you, or another user on your computer, wish to withdraw your consent at any time, you can do so by visiting the “Cookie settings” section of this charter, by changing your browser settings.

More Information about cookies
ICO: https://ico.org.uk/ 

To view the legal notices of the Captain Tortue Website, click here [add link to the legal notices].

Updated 24 May 2018