PREAMBLE
This privacy policy informs you about how SIBARTH REAL ESTATE uses and protects the information you provide to us, if any, when you use this site accessible from the following URL: www.sibarthrealestate.com (hereafter the "Site").
Please note that this privacy policy may be modified or completed at any time by SIBARTH REAL ESTATE, notably in order to comply with any legal or technological evolution. In such a case, the date of the update will be clearly identified at the top of the present policy. These modifications are binding on the Internet user as soon as they are put online. It is therefore advisable for the Internet user to consult this privacy policy regularly in order to take note of any changes.
ARTICLE 1. PARTIES
This privacy policy is applicable between the publisher, the company SIBARTH REAL ESTATE, hereinafter "SIBARTH REAL ESTATE", and any person connecting to the Site, hereinafter "the Internet user".
ARTICLE 2. DEFINITIONS
"Site Content": elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
"Internet user": any person connecting to the Site.
"Site" means the website accessible at the URL www.sibarthrealestate.com as well as any sub-sites, mirror sites, portals and URL variations thereof.
ARTICLE 3. SCOPE OF APPLICATION
This privacy policy is applicable to all Internet users. Your browsing of the Site implies your full and complete acceptance of this policy.
The Internet user acknowledges the value of the automatic recording systems of SIBARTH REAL ESTATE as proof and, unless he/she can prove otherwise, he/she waives the right to contest them in the event of a dispute.
Acceptance of this Privacy Policy implies that Internet users have the legal capacity to do so or that they are at least 16 years old, or failing that, that they have the authorization of a guardian or curator if they are incapable, or of their legal representative if they are under 16 years old, or that they hold a mandate if they are acting on behalf of a legal entity.
ARTICLE 4. PERSONAL DATA
In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter "RGPD") and and the national legislation in force, SIBARTH REAL ESTATE provides you with the following information:
4.1 Identity of the data controller
The company responsible for the collection and processing of data is SIBARTH REAL ESTATE, a simplified joint stock company with its registered office at 17, rue de la République, Gustavia, Saint-Barthélemy, 97133, RCS n°414 777 169.
4.2 Identity of the Data Protection Officer
The Data Protection Officer is Deshoulières Avocats Associés, 121 boulevard de Sébastopol 75002 Paris, tel: +33.1.77.62.82.03, rgpd@deshoulieres-avocats.com, www.deshoulieres-avocats.com.
4.3 Data collection by SIBARTH REAL ESTATE
4.3.1 Data collected
4.3.1.1 Data collected during navigation
When browsing the Site, you consent to SIBARTH REAL ESTATE collecting information relating to:
- to your use of the Site;
- to the content you are viewing and clicking on;
- to your demographic data;
- to your device and software environment;
- to your location;
- your connection data (times, pages consulted, IP address...).
4.3.1.2 Data collected when using the contact form
The use of the contact form by the Internet user implies the collection by SIBARTH REAL ESTATE of the following personal data:
- Last Name;
- First name;
- E-mail address;
- Phone number
4.3.1.3 Data collected when using the newsletter form
The use of the newsletter form by the Internet user implies the collection by SIBARTH REAL ESTATE of the following personal data:
- Last Name;
- First name;
- E-mail address.
4.3.2 Purposes of the collection of personal data
The data collected during the navigation is the subject of an automated treatment having for finality of :
- Verify the identity of Internet users;
- Ensure and improve service safety;
- To develop, operate, improve, provide and manage the Site;
- Contextualize and enhance the user experience;
- Targeting advertising content;
- Avoid any illicit or illegal activity;
- To establish statistics of consultation and audience;
- Enforce the terms and conditions of use of the Site.
The data collected during the use of the contact form are subject to automated processing for the purpose of :
- Verify the identity of individuals;
- Provide a detailed response to the user;
- Ensure and improve service safety;
- Develop, operate, improve, provide and manage the site;
- Addressing information and contacting people, including email, phone and push notification;
- Avoid any illicit or illegal activity;
- Enforce the terms and conditions of use of the Site.
The data collected during the use of the newsletter form are subject to automated processing for the purpose of :
- Send a newsletter;
-Targeting advertising content;
- To inform people about the real estate market in Saint Barthelemy.
4.3.3 Legal basis of the processing
The data collected during browsing is based on SIBARTH REAL ESTATE's legitimate interest, namely to analyze behavior on the Site and to improve the security and operation of the Site. With regard to data resulting from the installation of certain cookies, the Internet user is invited to refer to the SIBARTH REAL ESTATE cookie policy.
The data collected when using the contact form is based on the consent of the persons concerned.
The data collected when using the newsletter form is based on the consent of the persons concerned.
4.3.4 Internal recipients of the data
The data collected are only available to the members of the management of SIBARTH REAL ESTATE and to the staff in charge of the management of the website, and are never made freely viewable by any third party.
4.3.5 Length of retention of personal data
The personal data collected during navigation are kept for a reasonable period of time necessary for the proper administration of the Site and for a maximum of 12 months, or until the withdrawal of consent of the persons concerned.
The personal data collected when using the contact form are kept for a reasonable period of time necessary for the proper management of the Internet user's request, and for a maximum of 12 months.
The personal data collected during the use of the newsletter form are kept until the unsubscription by the Internet user of this newsletter.
At the end of each of these periods, SIBARTH REAL ESTATE will archive this data and keep it for the time during which its responsibility may be called into question.
4.3.6 Security and confidentiality of personal data
Personal data is kept in secure conditions, according to current technical means, in compliance with the provisions of the General Data Protection Regulation and the national legislation in force.
4.3.7 Minimization of personal data
SIBARTH REAL ESTATE may also collect and process any data voluntarily transmitted by an Internet user, in particular when sending an email to the contact address.
SIBARTH REAL ESTATE directs Internet users as much as possible when they provide unnecessary or superfluous personal data.
SIBARTH REAL ESTATE undertakes to keep and process only the data strictly necessary for its activities, and will delete any data received that is not useful as soon as possible.
4.4 Respect for rights
You have the following rights concerning your personal data, which you can exercise by writing to us at our postal address or by sending an email to the following address: privacy@sibarthrealestate.com.
4.4.1 Right to information, access and communication of data
You have the possibility to access your personal data.
Due to the obligation of security and confidentiality in the processing of personal data incumbent on SIBARTH REAL ESTATE, your request will only be processed if you provide proof of your identity, in particular by producing a scan of your valid identity document (in the case of an email request) or a signed photocopy of your valid identity document (in the case of a written request), both of which must be accompanied by the words "I certify on my honour that the copy of this identity document is a true copy of the original. Done at ... on ...", followed by your signature.
To help you in your approach, you will find here a model letter elaborated by the Cnil.
4.4.2 Right to rectify, delete and forget data
You have the right to request the correction, updating, blocking or deletion of your personal data that may be inaccurate, erroneous, incomplete or obsolete.
You may also set general and specific instructions regarding the disposition of personal data after your death. In such cases, the heirs of a deceased person may request that the death of their loved one be taken into consideration and/or that the necessary updates be made.
To help you in your approach, you will find here a model letter elaborated by the Cnil.
4.4.3 Right to object to data processing
You have the possibility to object to the processing of your personal data.
To do so, you should send an email to the following address: privacy@sibarthrealestate.com. In this email, you will have to specify the data that you wish to see deleted as well as the reasons justifying this request, except in the case of commercial prospecting.
4.4.4 Right to data portability
You have the right to receive the personal data you have provided to us in a transferable, open and readable format.
4.4.5 Right to limit processing
You have the right to request that the processing of your personal data by SIBARTH REAL ESTATE be restricted. In this way, your data can only be stored and not used by SIBARTH REAL ESTATE.
4.4.6 Withdrawal of consent
Your consent is essential for the processing of your data by SIBARTH REAL ESTATE. However, you can withdraw your consent at any time. This withdrawal will lead to the deletion of your personal data.
The services that require the processing of your data by SIBARTH REAL ESTATE will nevertheless no longer be accessible.
4.4.7 Response times
SIBARTH REAL ESTATE undertakes to reply to your request for access, rectification or opposition or any other additional request for information within a reasonable period of time, which may not exceed one month from the date of receipt of your request.
4.4.8 Complaint to the competent authority
If you consider that SIBARTH REAL ESTATE does not comply with its obligations with regard to your personal information, you may submit a complaint or a request to the competent authority. In France, the competent authority is the Cnil to which you can send a request here.
4.5 Transfer of collected data
4.5.1 Transfer to partners
SIBARTH REAL ESTATE informs you that we have recourse to authorized service providers to facilitate the collection and processing of the data you have communicated to us. These service providers may be located outside of the European Union and may have access to the data collected on the Site.
SIBARTH REAL ESTATE has previously ensured that its service providers have implemented adequate safeguards and comply with strict conditions regarding confidentiality, use and protection of data.
The Internet user consents to the data collected being transmitted by SIBARTH REAL ESTATE to its partners and being processed by these partners in the context of third-party services, namely:
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4.5.2 Transfer by requisition or court order
The Internet user also agrees that SIBARTH REAL ESTATE may disclose the data collected to any person, upon request of a state authority or by judicial decision.
4.5.3 Transfer in connection with a merger or acquisition
If SIBARTH REAL ESTATE is involved in a merger, a sale of assets, a financing operation, a liquidation or bankruptcy or in an acquisition of all or part of its activity by another company, the Internet user agrees that the data collected will be transmitted by SIBARTH REAL ESTATE to this company and that this company will carry out the personal data processing referred to in this privacy policy in place of SIBARTH REAL ESTATE.
ARTICLE 5. INTELLECTUAL PROPERTY
5.1 Legal protection of the Site Content
The Contents of the Site are likely to be protected by copyright and database law. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of SIBARTH REAL ESTATE or its beneficiaries or assigns constitutes a violation of Books I and III of the Intellectual Property Code and may give rise to legal proceedings for infringement.
5.2 Contractual protection of the Site Content
The Internet user contractually undertakes to SIBARTH REAL ESTATE not to use, reproduce or represent, in any way whatsoever, the Contents of the Site, whether or not they are protected by an intellectual property right, for any purpose other than their reading by a robot or a browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Site for indexing purposes.
ARTICLE 6. FINAL STIPULATIONS
6.1 Modifications
This Privacy Policy may be modified at any time by SIBARTH REAL ESTATE. The conditions applicable to the Internet user are those in force at the time of his or her connection to the Site, any new connection to the Site implying acceptance of the new conditions, if any.
6.2 Entirety
The invalidity of any provision of this Agreement shall not invalidate the remaining provisions of the Agreement or the Agreement as a whole, which shall remain in full force and effect. In such a case, the parties shall, to the extent possible, replace the invalidated provision with a valid provision corresponding to the spirit and purpose of this Agreement.
6.3 Non-waiver
The failure of SIBARTH REAL ESTATE to exercise its rights hereunder shall in no way be construed as a waiver of said rights.
6.4 Languages
The present conditions are proposed in English.
6.5 Abusive clauses
The stipulations of the present conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.
ARTICLE 7. LITIGATION
7.1 Applicable law
This Privacy Policy is subject to the application of French law and European regulations, in particular the European Data Protection Regulation.
7.2 Litigation
In accordance with the order n°2015-1033 of August 20, 2015, all disputes which could arise within the framework of the execution of the present general conditions and whose solution will not have been able to be found beforehand with the friendly one between the parts will have to be subjected to an approved mediator.
7.3 Arbitration
Any dispute arising out of or in connection with this Agreement shall be settled by arbitration in accordance with the FastArbitre Rules of the Digital Arbitration and Mediation Institute.
