Legal Notice

(Applicable as of 1st July 2019)

FRIGO MAGIC SAS company with a capital of €11,710.

Rennes Trade and Company Register: 811 788 231

31 rue Maréchal Joffre 35000 Rennes

Website Editor: Sébastien BUREL

EU VAT N°: FR61811788231

Hosting service: AMAZON WEB SERVICES EMEA SARL

Postal address: 31 Place des Corolles, Tour Carpe Diem, 92400 Courbevoie, France

Phone n°: +33 (0)2.23.25.15.09

Data protection

Any personal data collected will be processed under the responsibility of FRIGO MAGIC SAS. FRIGO MAGIC’s commitments and the rights you may exercise over your personal data are detailed in the FRIGO MAGIC Privacy Policy below.

Information system protection

Any attempt to interfere with an information system, with the aim of preventing its operation or deliberately tampering with website and application data is an offense under the French Code Pénal (under art. 323-1 et seq.).

Public order protection

Digital communication means made available to the users (such as forms, emails, etc.) must not be used to convey offensive content. Disseminating violent or pornographic content or content liable to cause a serious violation of human dignity is an offense under the French Code Pénal (art. 227-24).

FRIGO MAGIC PRIVACY POLICY

Welcome to FRIGO MAGIC!

This privacy policy is in addition to the legal notice and the FRIGO MAGIC Terms and Conditions of Use that Users can access by clicking on: Terms of Use FRIGO MAGIC

We attach the utmost importance to the protection of your personal data and the preservation of your privacy. This privacy policy (along with our Terms and Conditions of Use and any other document herein referred to) aims to detail the way we process the personal data that you provide or that we collect when you use our website and the FRIGO MAGIC Application.

We invite you to read this document carefully so that you fully understand the way we process your personal data and your rights regarding data protection.

1. Data collected by the FRIGO MAGIC Application

1.1. Data that you provide directly

When you download or update the FRIGO MAGIC Application we are likely to collect some of your login data and/or personal data.

For instance, we ask you to provide and we process data used to identify you either directly or by cross-referencing it with other data (hereafter “Personal Data”).

Personal Data includes your family name, first name, e-mail address, gender, department of residence (in France) and password.

We collect the information that you provide in particular when:

• Creating and managing your FRIGO MAGIC account;

• Browsing the Internet and performing specific actions using our FRIGO MAGIC Application;

• Completing certain forms on the FRIGO MAGIC Application or on the FRIGO MAGIC web site.

An (*) in front of the box or other appropriate signs indicate mandatory Personal Data.

Additional information may be requested to complete your FRIGO MAGIC Account. This information is optional and may be provided entirely at your discretion and under your responsibility.

1.2. Automatically collected Personal Data

Whenever you use our services and functions, we collect information on your activity on our website or on the Application:

1.2.1. Connection and browsing data:

Personal Data includes your browsing data, in particular:

  • The IP (Internet Protocol) address of the terminal connected to the Internet;- Your Wi-Fi identifier and advertising IDs;- The date and time when your terminal was connected to an electronic communication service;- The type of operating system used by the terminal (IOS, Android, etc.);- The language used on the terminal when using the browser;- Precise location tracking data which you allow the FRIGO MAGIC Application to access (usually from your mobile device).

1.2.2. Precise position tracking data (geo-location)

The FRIGO MAGIC Application allows us to suggest recipes according to your culinary habits, consumer preferences and the location of certain food products. Given how local ingredients and culinary habits vary from one area to another (do people cook with butter or olive oil, etc.), we need to locate your geographic position in order to customize and optimize these recipe suggestions.

You will be asked to specifically authorize the collection and processing of location tracking data on the “Geo-location preferences” page of the FRIGO MAGIC Application, so that FRIGO MAGIC can adapt the recipe ingredients and suggest recipes according to your geographic location.

FRIGO MAGIC may access your position more or less precisely according to the technology used, with your explicit consent. FRIGO MAGIC will never track your movements and/or the routes you follow.

You can withdraw your consent at any time without charge and disable the geo-location option on your smartphone. In that case, you will no longer receive customized recipe suggestions according to your location.

1.2.3. Use of cookies

FRIGO MAGIC uses cookies. Cookies are digital files placed on your terminal (computer, smartphone, or tablet) and used to store information such as your IDs, passwords, your last connection date, etc.

a) Traffic log and activity monitoring cookies

These cookies are used to:

  • Draw up statistics relating to visitor traffic on our website or on the FRIGO MAGIC Application (number of visits, number of single visits, number of pages viewed, etc.) and to compile reports and statistics on the use of various website components (sections and contents viewed, browsing routes used, etc.);- Improve the contents and the ergonomics of our website or of the FRIGO MAGIC Application and their various components;- Provide editorial content tailored to your needs and interests;- Identify possible browsing difficulties.

Declining and deleting these cookies will not prevent you from browsing our website or using the FRIGO MAGIC application. However, declining these cookies means that the editorial content displayed may not be suited to your particular interests.

If you do not want our website or the FRIGO MAGIC Application to place cookies on your terminal, please click on the following links:

List of activity monitoring cookies used:

Name of the cookie: _ga

Issuer: Google Analytics

Functions: Will anonymously identify your browser on our website (with a randomly generated number).

Disabling links

Name of the cookie: _gid

Issuer: Google Analytics

Functions: Will anonymously identify your current visit (with a randomly generated number) and link the different pages you have visited to that number.

Disabling links

Name of the cookie: _gat

Issuer: Google Analytics

Functions: limiter le taux de demande

Disabling links

b) Personalized ads

In order to optimize our ad campaigns on Google and suggest products that are likely to be of interest especially to you, we use cookies to show you personalized ads.

Google uses Google Analytics and DoubleClick cookies to gather information and to optimize and display ads according to website visits. The information transferred is anonymous, but you can change your ad settings by using the following link: https://adssettings.google.com/authenticated?hl=en

You can also download a Google Analytics opt-out add-on by using this link: https://tools.google.com/dlpage/gaoptout/?hl=en

c) Third party cookies

On our website or on the FRIGO MAGIC Application, we may include third party apps that enable us to share content from our website or from the FRIGO MAGIC Application with others or to let others know that you have browsed or commented on content from our website or from the FRIGO MAGIC Application.

This is the case, in particular, with the “Share” and “Like” buttons on social networks like “Facebook”, “Twitter”, “Instagram”, etc.

You acknowledge that the social network or media providing these buttons may use them to identify you, even if you have not used the buttons when browsing our website or using the FRIGO MAGIC application. This kind of app button can allow the social network or media involved to monitor you when browsing our website or the FRIGO MAGIC Application, whenever your social network or media account is enabled on your terminal (open session).

We have no control over the process used by social networks to collect information on your browsing history on our website or on the FRIGO MAGIC Application and link it to your Personal Data to which they have access.

We therefore suggest that you read their privacy policies to see how they collect and use browsing information via these app buttons, in particular for advertising purposes. Their privacy policies should in particular allow you exercise opt-outs by altering your user settings.

Click on the link for the following social networks to find out more about their privacy policies:

https://www.facebook.com/help/cookies

https://twitter.com/en/privacy

https://help.instagram.com/196883487377501

https://policy.pinterest.com/en/privacy-policy

https://www.linkedin.com/legal/cookie-policy?_l=en_US

https://www.youtube.com/account_privacy

d) Cookie settings

You can configure your browser so that it either allows cookies and saves them on your terminal or blocks them systematically or according to the issuer:

Internet Explorer™,

Safari™,

Chrome™,

Firefox™,

Opera™, etc.
 

2. Personal Data Management and Use

Any Personal Data that FRIGO MAGIC collects directly from you, in particular when you create an FRIGO MAGIC account or use our website or the FRIGO MAGIC Application are likely to be processed for the following purposes:

➡︎ Carrying out “customer management” operations relating to:

  • Your requests (for information, estimates, or orders);- FRIGO MAGIC service provisions;- “Customer relations” monitoring (e.g. Customer satisfaction surveys, claims management, etc.).

Legal grounds:

  • Performance of a contract to which you are a Party (Terms and Conditions of Use);- FRIGO MAGIC’s legitimate interest.

Personal Data category:

  • Personal details and addresses;- FRIGO MAGIC service use data.

➡︎ Improving your user experience on our website and on the FRIGO MAGIC Application:

  • Improving and enhancing the security of your user experience on our website and on the FRIGO MAGIC Application;- Implementing promotional operations;- Managing your Personal Data rights requests relating to data access, rectification and opposition;- Managing any disputes and litigation;- Managing your comments relating to FRIGO MAGIC services (and the contents made available via our web site and via the application);- Identifying you when you browse our website and use the FRIGO MAGIC services and, as the case may be, adapting the latter and their contents and advertising (a) to the personal characteristics that you have defined and that FRIGO MAGIC has access to (i.e. age, gender, etc.) and, when relevant, (b) according to your previous browsing history known to FRIGO MAGIC; – Enabling you to enjoy a number of additional services (such as receiving our newsletter, etc.).

Legal grounds:

  • Compliance with the law;- Performance of a contract to which you are a Party (Terms and Conditions of Use);- FRIGO MAGIC’s legitimate interest.

Personal Data category:

  • FRIGO MAGIC account creation data;- FRIGO MAGIC service use data;- Browsing data.

➡︎ Implementing sales marketing operations, which will include:

  • Managing certain technical operations (in particular, Personal Data standardization, enrichment and redundancy elimination); establishing sales statistics;- Implementing direct marketing operations;- Selling, leasing, sharing and exchanging our Personal Data files with our partners;- Drawing up profiles designed for use in targeted customer loyalty building, marketing, surveys and promotional operations.

Legal grounds:

  • Your consent;- FRIGO MAGIC’s legitimate interest.

Personal Data category:

  • Personal details and addresses;- Your Wi-Fi identifiers and advertising ID data.

➡︎ Receiving the FRIGO MAGIC newsletter

  • Managing FRIGO MAGIC newsletter distribution;- Establishing statistical data.

Legal grounds

  • Your consent.

Personal Data category:

  • Your e-mail address;- Newsletter service statistics.

FRIGO MAGIC retains some types of Personal Data to enable efficient service operation and follow-up.

FRIGO MAGIC undertakes to ensure the highest levels of protection for your Personal Data, pursuant to the French Law on Information Technology, Data Files and Civil Liberties and to Regulation (EU) 2016/679 of the European Parliament and of the Council 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 (“GDPR”), (hereafter jointly referred to as the “Applicable Regulations”). The FRIGO MAGIC file has been notified to the National Data Protection Authority (CNIL) under reference 1878956.

3. Who will have access to your Personal Data?

Any data collected is for the exclusive use of FRIGO MAGIC SAS.

The following persons may have access to your Personal Data:

  • FRIGO MAGIC staff working in marketing, sales, customer relations and prospecting, administrative services, logistical services and IT services, as well as any managers of those services; – Auditing service staff (internal and external auditing personnel, etc.);- Sub-contractors under agreements that (a) detail their personal data security and privacy obligations under the Applicable Regulations and (b) detail their data security targets; – Present and future FRIGO MAGIC subsidiaries;- Any company that may be involved in a takeover of our company (by whatever means: acquisition of a majority interest, partial spin-off, transfer of goodwill, merger and acquisition, etc.);- Any lawyers, bailiffs and other judicial officers who may be called upon to intervene under a judicial procedure and/or administrative order; – The CNIL and/or any other body with jurisdiction;- FRIGO MAGIC’s commercial partners.

Your Personal Data may be transferred to sub-contractors and partners that FRIGO MAGIC has called on to perform certain operations under the FRIGO MAGIC services. Such as:

• Hosting Personal Data;

• Sending e-mails;

• Data base analysis or marketing services.

Our service providers have access as sub-contractors to the Personal Data they need to perform their services and are not authorized to use them for any other purposes.

The service providers must comply fully with the Applicable Regulations when processing the Personal Data and must guarantee the implementation of the appropriate security measures.

Partners have access only to anonymized data and never to personal details.

4. Sharing your Personal Data for targeted advertising purposes

Providing you have granted your consent (when installing the FRIGO MAGIC Application), we may share your location tracking and Wi-Fi data as well as your advertising ID (exclusive ID that identifies your smartphone for ad reception purposes), with our geo-marketing partners. The latter send and display targeted and personalized advertising banners, including through third party applications, on behalf of their clients (superstores, restaurants, fashion brands, DIY, furniture or beauty product stores, car dealers, etc.) to monitor the effects of their advertising campaigns.

Our geo-marketing partners are jointly responsible for processing the data.

Our current partner (pending possible changes) is:

Teemo retains the data over three successive periods with decreasing location tracking accuracy.

(i) The location tracking data and advertising ID are retained as initially collected for 30 days;(ii) Aggregate location tracking points in 500mx500m bounding boxes are retained for 3 months;(iii) Aggregate interest points formed on a weekly basis are retained for 12 months.

5. Personal Data retention period

We retain your Personal information while your user account is still active or as long as it takes to provide the services you require.

Cookies have a maximum lifespan of 13 months after being placed on the user’s terminal.

FRIGO MAGIC retains the e-mail address used to send you our newsletters as long as the recipient does not unsubscribe (via the unsubscribe link included in the newsletters).

Personal Information used when sending commercial or prospecting information is retained in accordance with the recommendations of the French Data Protection Authority (CNIL) in deliberation n°2016-264 of 21 July 2016, i.e. three (3) years from the date of collection or the last contact on your part.

You may of course delete your user-account, refuse direct marketing or unsubscribe from the mailing lists by exercising your rights as listed below.

You acknowledge that we only retain your Personal Data in our information system for legitimate administrative, legal and security purposes. Retention of the data beyond the durations specified above may be required to process your requests for opposition, restriction and erasure of your Personal Data and to satisfy any legal, accounting or tax obligations relating to the preservation of personal data (in particular for evidential purposes) or to communicate the data to the duly authorized authorities (administrative authorities, police services, etc.).

We are committed to maintaining a high level of security and privacy of your Personal Data, to restrict access to the data only to authorized persons and not to process it for purposes other than those to which you have consented.

FRIGO MAGIC may continue to use your Personal Data in an anonymized form, in particular for scientific, statistical purposes or to improve their software solution.

6. Security and privacy

FRIGO MAGIC implements organizational and technical security measures designed to guarantee the privacy and integrity of your Personal Data. All the data stored on our servers are protected by a secure portal under HTTPS protocol, transit data encryption under SSL, firewalls, antiviruses, access management and intrusion detection.

However, given the very nature of a public network such as the Internet, you acknowledge and accept that we cannot guarantee the security of Personal Data transmission and data integrity.

In the event of a security breach resulting in a violation of your Personal Data, we undertake to promptly implement corrective measures and to notify the CNIL of the violation, unless the said violation is unlikely to result in a risk to the rights and freedoms of natural persons, pursuant to the Applicable Regulations.

7. Personal Data localization and portability in other countries

Your Personal Data is hosted on servers located in the United States (GDPR compliance following of an equivalence decision of the European Commission dated 12 July 2016).

Under the purposes listed above, all or part of the Personal Data may be transferred to recipients located in countries other than France.

FRIGO MAGIC ensures that your Personal Data is adequately protected. All data transfers take place with recipients located:

  • In countries that provide an adequate level of personal data protection according to the European Commission criteria;- In countries that do not provide adequate protection but where the transfer is covered by standard data protection binding clauses adopted by the European Commission or by stringent business-specific rules (“binding corporate rules”).

8. Information and exercising your rights

Pursuant to the Applicable Regulations and in particular to articles 15 to 22 of the GDPR, you have a right to:

  • Access information on the processing of your Personal Data (data category, purpose, etc.); – Rectify or update any inaccurate Personal Data by connecting to your user account and changing the parameters (if the option is available) or contacting us by e-mail; – Erase Personal Data by connecting to your user account and changing the parameters (if the option is available) or contacting us by e-mail; – Restrict any processing of your Personal Data that we undertake, if you believe the data to be inaccurate (for a limited period during which we will check the accuracy of the data), or if you believe the processing to be unlawful (while allowing us to continue), by sending us an e-mail; – Receive a copy of your Personal Data in a structured, commonly used and machine-readable format, by sending us an e-mail request; any request for further copies being subject to a handling charge that will be billed to you. You hereby acknowledge that any Personal Data that is derived, calculated or inferred by us from the data that you have provided is excluded from the right to portability in so far as such data was not provided by you but created by us; – Object at any time to the processing of personal data for direct marketing purposes, by unsubscribing from the mailing list by clicking on the dedicated hypertext link provided in the direct marketing e-mail; – Unsubscribe from our notification service by disabling the notifications in your phone or tablet’s system preferences; – Decide to object to the use of automated decision-making: your right to refuse decisions entirely based on automated decision-making, including profiling, in cases where the decision may result in judicial consequences for you or may produce a similar significant effect; – Lodge a complaint with the CNIL (National data protection authority), 3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07, Tel: +33 (0)1 53 73 22 22.

In the event of excessive requests from you, in particular because of their repetitive character, FRIGO MAGIC reserves the right to refuse to act on request, when such requests are subsequent to a prior request relating to the same subject matter which was duly processed by FRIGO MAGIC.

Your requests must be submitted in writing by post or by e-mail sent to the addresses shown below, be signed and enclose a photocopy of an ID document bearing the holder’s signature. The request must specify the address to which the reply should be sent. We are bound to reply within one (1) month of receiving the request. This deadline may be extended by two (2) months, in the event of a large number of particularly complex requests.
 

FRIGO MAGIC – 31 rue Maréchal Joffre 35000 Rennes

dpo@frigomagic.com

You may also address a request for erasure of your Personal Data and IDs to our partner, Teemo SA by e-mail sent to dpo@teemo.co or by post to DPO – Teemo – 39, rue Godot-de-Mauroy – 75009 – Paris.
 

To configure your advertising and targeted interest-based ad settings on your mobile terminals, see the following links:

9. Modifying our Privacy policy

We may modify our Privacy policy from time to time. We will notify you of any significant changes by sending a message that will be displayed when you connect to our website or to the Application, or by e-mail sent to the address supplied when you created your User Account, so that you can examine the modifications before they come into effect.

You may delete your user account if you object to any such modifications.

If you continue to visit our web site and/or use the FRIGO MAGIC Application after we have published or sent a notification relating to modifications of our Privacy Policy, you shall be deemed to have accepted the updated Privacy Policy without reservation.