Data Protection Policy

Last updated on: 24 February 2021

Preamble

Our data protection policy has been drawn up in accordance with the recommendations of the Commission Nationale de l’Informatique et des Libertés. The purpose of this policy is to inform www.energie-fruit.com website Users about how their personal data is processed and about the commitments and measures we have taken to ensure that the personal data of Bloomup visitors, Users and customers is respected. 

It has been drawn up in accordance with the provisions of the French Data Protection Act of 6 January 1978, the European General Data Protection Regulation (GDPR) of 23 May 2018 and the French Law on the Protection of Personal Data of 20 June 2018. 

The version currently published on our website is the current version of this policy. Bloomup reserves the right to modify it at any time in order to comply with the legal obligations in force. It is therefore the responsibility of each User to consult this policy regularly in order to stay informed about any changes that may be made. 

By browsing our Site, the User acknowledges that he/she has read, understood and accepted this data protection policy. 

ARTICLE 1 – DEFINITIONS

a. Technical terms relating to personal data protection

On our site, the terms below have the meaning attributed to them under the GDPR (art. 4): 

• Consent: ‘consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her;
• Personal data: ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
• Controller: ‘controller’ means the natural or legal person, public authority, agency or other body which, alone or together with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;
• Processor: ‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;
• Processing: ‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
• Personal data breach: ‘personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed. 

b. Other terms used herein

• ‘Customer’ refers to any Bloomup customer that has purchased Energie Fruit branded products. 
• ‘Policy’ refers to this Privacy Policy
• ‘Site’ refers to the www.energie-fruit.com website or any other website operated by the Company and made available as part of the Services;
• ‘Company’ refers to Bloomup (trade name), a SASU [French single-member simplified joint-stock company] with share capital of €40,316, registered in the Paris Trade and Companies Register under number 524253861, with head office located at 21 Rue le Sueur, 75116 Paris.  
• ‘User’ refers to any individual using the Site who has access to its content

ARTICLE 2 – DATA COLLECTED

a. Consent

By browsing our Site, the User consents to the collection and processing of the personal data he/she provides. This consent serves as the legal basis for processing the data collected.  

Bloomup collects and processes data that is strictly necessary for the purposes for which it is processed. We commit to our Users that we will not process data for purposes other than those mentioned below. Should we offer a new service on our Site that requires data collection and processing, we undertake to collect our Users’ consent once again before offering the new service. 

Whenever our Site processes personal data, it takes all reasonable steps to ensure that the personal data is accurate and relevant to the purposes for which it is processed. 

b. Access to data

The data we collect on our site is for our exclusive use. The personal data of our Users is not shared with third parties but may be accessed by our service providers and IT subcontractors for Site maintenance and development. Personal data accessible by our service providers and subcontractors is not processed, collected or used by them, but may only be accessed for IT maintenance purposes.

The person responsible for processing your data at Bloomup can be reached at contact@bloomup.fr. As the person responsible for processing the data it collects, they undertake to comply with the legal provisions in force. In particular, they are responsible for providing Users with full information on the processing of their personal data and for maintaining an accurate record of processing. 

ARTICLE 3 – PURPOSE OF PROCESSING

We collect User data solely for the following purposes: 

a) Contacting our company: Users can contact our company via the contact form on our website at https://energie-fruit.com/fr/nous-contacter. Using this form, we collect the email address of the User who wishes to be put in contact with our Customer Service department.  The data collected allows us to contact our Users quickly to process their requests.  

b) Providing feedback on a product:  each Energie Fruit brand product has a feature on its page allowing the User to rate the product’s quality. Only the User’s name is collected (a pseudonym can be chosen) in order to publish their review on the product’s page. 

c) Signing up for the newsletter:  on our Site, the User can subscribe to the Energie Fruit Newsletter in order to be kept up-to-date on the brand’s latest news. We only collect the User’s email address in order to send the newsletter. To unsubscribe from the Newsletter, Users may use the feature provided for this purpose in the emails sent by the Company or make a request directly to either of the following addresses: louise@energiefruit.fr or contact@energiefruit.fr. 

d) Using the Lab page: on our Site, the User can participate in developing new products for the Energie Fruit range. The User can enter their name via a questionnaire. The questionnaire is used to develop new products that meet customer expectations. The User may also provide her or his email address in order to be contacted by the Company as part of the new product development process. 

e) Finding a location: our Site offers Users the possibility of entering their location data so that the Site can display the addresses of the Energie Fruit retailers closest to their location. Location data is not processed by the Company and is used on the Site only for this purpose. 

f) Browsing our site: Our Company collects your browsing information for statistical purposes only. Please refer to our cookie policy. 

g) Preventing and fighting against computer fraud (spamming, hacking, etc.): we collect information on the computer equipment used for navigation, the IP address and the password. 

We do not exceed the legal retention periods and your data is kept only for the time necessary to process it for the purposes for which it was collected. 

ARTICLE 4 – PERSONAL DATA SHARING

Our Company shall not process, host or transfer the Information collected on its Users to a country located outside the European Union or recognised as “inadequate” by the European Commission without notifying the data owner in advance. 

However, our Company remains free to choose its technical and commercial subcontractors provided that they offer sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: no. 2016-679). The User’s Personal Data may be processed by subsidiaries of our Company and subcontractors (service providers), exclusively to accomplish the purposes of this policy.

When Bloomup uses the services of service providers, the latter have limited access to the User’s data in order to provide these services and are contractually obligated to use it in accordance with the provisions of the applicable regulations on the protection of personal data. 

Bloomup commits to taking all necessary precautions to protect the security of the Information and in particular to ensure that it is not shared with unauthorised persons. 

ARTICLE 5 – DATA SECURITY AND INCIDENT NOTIFICATION

Our Site and our Company have taken all necessary and useful precautions using state-of-the-art industry solutions to protect your information in a secure environment in order to avoid any destruction, loss, alteration, distribution or unauthorised access. No matter how diligent the effort, no method of transmission over the Internet and no method of electronic storage is completely secure. Therefore, we cannot guarantee absolute security. If we become aware of a security breach, we will notify affected Users so that they can take appropriate action. Our incident reporting procedures take into account our legal obligations at French and European level. 

In the event that the integrity and confidentiality of your data is compromised, the data controller will comply with the procedures put in place under the French Data Protection Act of 6 January 1978 and the European General Data Protection Regulation (‘GDPR’). 

ARTICLE 6 – PERSONAL RIGHTS

In accordance with the legal provisions of the French Data Protection Act of 6 January 1978 and the European General Data Protection Regulation (‘GDPR’), Users of our Site have the following rights: 

a. right to access (Article 15 GDPR), rectify (Article 16 GDPR), update or complete Users’ data, right to block or erase Users’ personal data (Article 17 GDPR) when they are inaccurate, incomplete, ambiguous or outdated, or when their collection, use, communication or storage is prohibited;

b. right to withdraw consent at any time (Article 13-2c GDPR);

c. right to limit the processing of Users’ data (Article 18 GDPR);

d. right to object to the processing of Users’ data (Article 21 GDPR);

e. right to the portability of data provided by Users, when such data is subject to automated processing based on their consent or on a contract (Article 20 GDPR);

f. right to define what happens to a User’s data after their death and to choose a previously designated third party to whom Bloomup should send (or not) their data. 

Our Site and our company cannot object to Users’ requests to exercise their rights. 

Other requests can be made at any time by email to contact@energiefruit.fr. Requests will be processed within ten (10) working days, unless there are compelling reasons, justified by our company, to extend the deadline. 

ARTICLE 7 – REFERRAL TO THE CNIL

If our Company does not fulfil the User’s request, they are entitled to refer the matter to the CNIL (Commission Nationale de l’Informatique et des Libertés, https://www.cnil.fr) in order to assert their rights. 

ARTICLE 8 – MINIMUM AGE

In accordance with the provisions of article 8 of the GDPR, we do not directly or indirectly collect personal data from persons under the age of sixteen (16) without the consent of their legal guardian. Users under the age of sixteen (16) are invited to seek the consent of a legal representative – required by Bloomup – in order for their personal data to be collected and to be able to use the Site’s services.

Bloomup reserves the right to request proof of this agreement from the legal representative. Our company cannot be held liable if any User under the age of sixteen (16) provides personal data. 

ARTICLE 9 – DEFINITION OF COOKIES

A cookie is a small file our Site places on the device (computer, tablet or mobile phone) of any User that visits it. It does not contain any personal information, but allows us to link the User’s device to their preferences for using and experiencing our Site (e.g. location, language, font size). 

ARTICLE 10 – CONSENT FOR THE USE OF COOKIES

The User’s consent is always requested before using cookies that store and analyse personal data. This consent is valid for a period of thirteen (13) months, at the end of which the User will be asked for authorisation again. 

ARTICLE 11 – USE OF COOKIES

We use and collect cookies for the following purposes: 

To process statistics and information on Site traffic and to optimise the Site as best as possible;

To offer our Users a smooth browsing experience by adapting the presentation of our Site to the display preferences of the User’s device;

To remember information provided on the platform by the User.

ARTICLE 12 – OPPOSITION AND CONFIGURATION

All Site Users may object to cookies being stored on their device by configuring their browser in the following way(s): 

 Opening a private browser window;

 Configuring cookies via the Cookies widget available on our Site’s homepage;

 Configuring the computer so that a message appears asking you to accept, personalise or refuse cookies on individual sites or all sites;

 Or any other means available to the User. 

At any time, the User can choose to express or change his or her wishes regarding cookies. Bloomup declines all liability for consequences linked to site operations and services that may be offered resulting from: 

- The refusal of cookies by the User;

- And/or the impossibility for the Site to save or read the cookies necessary for its operation due to the User’s choice. 

ARTICLE 13 – BROWSER SETTINGS

The User can configure their browser settings to reflect their choices regarding the use of cookies: 

- For Microsoft Edge™: https://support.microsoft.com/en-us/microsoft-edge

- For Safari™: https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac 

- For Chrome™: https://support.google.com/chrome/answer/95647?hl=en&hlrm=en

- For Firefox™:

https://support.mozilla.org/en-US/kb/cookies-information-websites-store-on-your-computer

 - For Opera™: https://help.opera.com/en/latest/web-preferences/#cookies

The User can also configure their browser to accept or refuse cookies on a case-by-case basis before they are installed, or delete cookies from their device. By setting their browser to refuse cookies, Users are informed that certain features of our Site may not be accessible and neither our company nor the hosting company can be held liable in this respect. 

ARTICLE 14 – SOCIAL MEDIA SETTINGS

If the User clicks on the Facebook, Pinterest or Instagram social media icons appearing on our Site and if they have accepted cookies by continuing to browse the Site, these social networks can also store cookies on the User’s devices. 

The User can consult the privacy policy of these social networks to configure cookies: 

- Facebook: https://www.facebook.com/about/privacy/

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

- Instagram: https://help.instagram.com/1896641480634370/?helpref=hc_fnav&bc[0]=Instagram%20Help&bc[1]=Policies%20and%20Reporting

ARTICLE 15 - CHANGES TO THE PRIVACY POLICY

Bloomup reserves the right to change this Policy at any time. If a change is made to this Policy, the new version will be posted on the Site immediately. If the User does not agree with the terms of the new version of the policy, he/she has the option of no longer using the Site’s Services and no longer browsing the Site.