TERMS OF USE

Our personal data protection policy is designed to establish a relationship of trust between you and our services, so that we can provide you with a positive and fully transparent experience.

Through this policy, we aim to take your requirements into account and meet your expectations.

In order to respect your trust, AZCOMPANY places the highest priority on protecting your personal data and ensuring the confidentiality of our customers’ information (hereinafter referred to as “Your Data”).

For complete transparency and to ensure the secure use of our website Kyvella, available at https://kyvella-shop.com, in all its available versions and related applications (hereinafter referred to as the “Kyvella Website”), we explain how we process your Data so that our services always respect your rights.

In this way, we aim to ensure the security, confidentiality, and integrity of your privacy and Data across all our platforms.

Our policy and our practices are designed to ensure that all necessary precautions are taken to protect your Data against disclosure, loss, alteration, or unauthorized access.

We therefore provide you with the information necessary to understand how we process your Data.

Your Data will only be retained for the period necessary for the purposes for which it is processed.

Where applicable, you may access and modify your Data through the personal areas made available on the Kyvella Website.

For these purposes, we endeavor to take all necessary measures to comply with applicable data protection law.

Accordingly, Kyvella / AZCOMPANY undertakes, through this personal data protection policy, to comply with the essential principles of the General Data Protection Regulation and applicable French data protection law.

This policy provides information regarding the existence and methods of Data processing, the rights available to you in relation to your Data, any potential transfers to third countries or recipients, Data retention periods, and the security measures implemented.

WHO ARE YOU?

When we refer to “you” in this Personal Data Protection Policy, we mean any person concerned by this policy, including:

• a customer of Kyvella who has placed an order on https://kyvella-shop.com;
• a customer who has created an account without placing an order;
• or a visitor who has browsed the Kyvella Website without creating an account or placing an order.

FOR WHAT PURPOSES DO WE PROCESS YOUR DATA?

3.1. When do we collect your personal data?

Your personal data may be collected when you:

• visit the Kyvella Website and cookies are used;
• create a customer account;
• place an order for one of our Products or Services;
• subscribe to our newsletters, including by SMS or email.

Your personal data is used to facilitate your navigation on the Kyvella Website and provide you with a more personalized experience.

It may also allow us to:

• process your orders;
• offer installment payment options where available;
• prevent fraud;
• process refunds;
• and manage customer reviews. Markdown collé

3.2. Your browsing on the Kyvella Website

In order to allow you to browse the Kyvella Website, we may process certain Data on the legal basis of your consent where consent is required.

3.3. Processing your orders

We use your Data in order to manage and process your orders.

This use may include:

• dispute mediation;
• customer relationship management, including through social networks;
• after-sales service;
• distance selling;
• marketing and commercial prospecting activities;
• order management;
• shipping and delivery.

The performance of the contract between you and us is the legal basis for processing Data required to manage your order.

The legal obligations of Kyvella / AZCOMPANY may also constitute a legal basis for certain processing activities, including Product recalls.

Depending on the situation, your consent or our legitimate interest may constitute the legal basis for marketing and commercial prospecting activities.

3.4. Payment in installments

For orders eligible for installment payments and for certain customers, your Data may be processed in order to offer this payment method.

The performance of the contract between both parties constitutes the legal basis for this processing.

Where required, your consent constitutes the basis for processing your banking Data.

3.4.1. Klarna

In order to provide Klarna payment options, we may provide Klarna with personal information including your contact details and order information.

This allows Klarna to assess whether you are eligible for its payment options and to adapt those options to your needs.

Any personal information transferred to Klarna will be processed in accordance with Klarna’s own privacy policy. Markdown collé

3.5. Customer Reviews

In order to allow you to leave reviews and to share those reviews with other customers and visitors of the Kyvella Website, we may process your Data on the basis of your consent or our legitimate interest.

3.6. Payment Collection and Fraud Prevention

We use your Data for payment collection and fraud prevention purposes.

This also allows us to help ensure the security of payments.

The performance of the contract between both parties and the legitimate interest of Kyvella / AZCOMPANY, acting as data controller, may constitute the legal bases for this processing.

3.7. Advertising Management Activities

Your Data may be used in connection with advertising and promotional activities carried out by Kyvella.

This may include:

• developing our customer and prospect databases;
• managing technical maintenance and prospecting activities;
• commercial statistics;
• advertising campaign studies;
• maintaining prospecting databases;
• managing marketing communications;
• organizing competitions, promotions, and similar promotional activities, excluding online gambling.

The legal bases for these activities may include your consent or the legitimate interests of Kyvella / AZCOMPANY, depending on the circumstances.

WHERE DOES YOUR DATA GO?

Your Data may be transmitted to various internal services of AZCOMPANY.

It is not shared with third parties except in the situations described below.

In order to process your orders, your personal Data may be transmitted to service providers specializing in areas such as:

• banking transactions;
• customer relationship management;
• after-sales service;
• delivery;
• IT development;
• website management;
• warranties or insurance.

For installment payments, your Data may be shared with payment providers, banks, transaction processors, or other service providers involved in managing the payment process.

For customer reviews, certain Data may also be shared with service providers responsible for collecting and processing reviews.

Advertising operations may involve third-party advertising providers and advertisers. Markdown collé

DATA RETENTION

The Data collected by Kyvella / AZCOMPANY is retained only for the period necessary to carry out the operations described in this policy.

Certain Data may be retained for specific periods.

For prospective customers, Data may be retained in active records for 3 years from the date of the last contact.

Certain Data of administrative or legal interest may be retained for longer periods in accordance with applicable limitation periods.

Regarding orders, your Data may be retained in active records for 5 years following the end of its active use, followed by an additional 5 years in intermediate archives.

The same retention approach may apply to customer records where appropriate.

Banking Data may be retained for the validity period of the relevant payment card plus one day, subject to the actual practices and legal obligations of the payment providers involved.

Cookies and their retention periods are addressed below.

EXERCISING YOUR RIGHTS

6.1. Right of Access, Modification and Rectification

You have the right to request access to, modification of, and correction of your personal Data.

6.2. Right to Restriction of Processing

You have the right to request that the processing of your Data be restricted in certain circumstances.

This may apply in particular where:

• you dispute the accuracy of your personal Data while we verify it;
• you consider the processing unlawful but request restriction rather than deletion;
• we no longer need the Data for the original purposes, but you require it for the establishment, exercise, or defense of legal claims;
• you have objected to processing while we verify whether our legitimate grounds override yours.

6.3. Right to Erasure

You have the right to request the deletion of your Data where legally applicable.

If you request deletion of your personal Data, AZCOMPANY may nevertheless retain certain Data in intermediate archives for the period necessary to comply with legal, accounting, or tax obligations.

6.4. Right to Object to Direct Marketing

You have the right to object to the processing of your Data for direct marketing purposes.

For email marketing, you may unsubscribe by clicking the “Unsubscribe” link included in our marketing emails or by contacting us directly.

For SMS marketing, you may use the opt-out instructions provided in the relevant SMS message or contact us directly.

6.5. Post-Mortem Instructions

Where applicable under French law, you may provide instructions regarding the retention, deletion, and communication of your personal Data after your death.

In the absence of such instructions, your successors or heirs may be entitled to contact Kyvella / AZCOMPANY in accordance with applicable law regarding the management of your Data and account.

6.6. Right to Data Portability

You have the right to request the portability of your Data where this right applies.

6.7. Withdrawal of Consent

Where processing is based on your consent, you may withdraw that consent at any time.

Withdrawal of consent does not affect the lawfulness of processing carried out before the withdrawal.

6.8. Right to Lodge a Complaint

You have the right to lodge a complaint with the competent supervisory authority.

In France, this authority is the CNIL.

To exercise your rights, please contact us at:

Email: contact@kyvella-shop.com

AZCOMPANY / Kyvella
60 rue François 1er
75008 Paris
France

We aim to respond to requests within a maximum period of one month from receipt, subject to any extensions permitted by applicable law. Markdown collé

COOKIES

7.1. What is a Cookie?

When you browse a website such as Kyvella, the Website may, depending on your choices and browser settings, store a text file on your device, such as your computer, smartphone, or tablet.

This text file is known as a cookie.

During its validity or storage period, a cookie allows the Website to recognize the device used when you return to the Website.

Only the issuer of a cookie can read or modify the information contained in that cookie.

7.2. What are Cookies Used for on Kyvella?

Cookies can be divided into several categories.

Some cookies are issued directly by Kyvella or its service providers, while others may be issued by third-party companies.

7.2.1. Cookies Issued by Kyvella and its Service Providers

Several types of cookies may be placed on your device when you browse our Website.

7.2.1.1. Essential Cookies

Essential cookies are necessary for the proper functioning of the Website.

For example, they may be required to:

• navigate the Website;
• add Products to your Cart;
• complete an order;
• maintain essential Website functionality.

Without these cookies, certain parts of the Website may not function correctly and you may be unable to complete a purchase.

Essential cookies may be placed by Kyvella or by its service providers.

7.2.1.2. Analytics and Personalization Cookies

Analytics and personalization cookies are not necessarily essential.

They may help us:

• improve your browsing experience;
• make searches easier;
• understand how customers use the Website;
• adapt our offers;
• optimize the organization and performance of the Website.

7.2.1.3. Advertising Cookies

Advertising cookies may be used to present advertising and promotional content that is more relevant to your interests.

These cookies may use information about your recent browsing activity in order to adapt advertising content to your preferences and interests.

Advertising content may contain cookies issued by Kyvella, its service providers, advertisers, or other third parties. Markdown collé

7.2.2. Cookies Issued by Third-Party Companies

Third parties using cookies on our Website apply their own privacy policies.

These cookies are not necessarily required for the basic use of our Website.

7.2.3. Cookies Issued by Third-Party Applications Integrated into the Website

While browsing our Website, we may integrate third-party applications that allow you to share content or interact with other users, including social network functions such as “Share” or “Like” buttons.

Social networks may be able to identify you through these functions, particularly if you are simultaneously logged into your social media account while browsing our Website.

We do not control how these third parties use the Data they collect.

We recommend reviewing the privacy policies and privacy settings of the relevant social networks and third-party platforms.

7.3. Browser Cookie Settings

Your browser provides various options that allow you to manage cookies according to your preferences.

Depending on your browser, you may be able to:

• accept cookies;
• reject cookies;
• delete stored cookies;
• receive a notification before cookies are stored.

Please note that refusing or deleting certain cookies may affect your ability to use some Website functions, including the ability to place an order.

For more information, please consult the help section of your browser.

TRANSFERS OUTSIDE THE EUROPEAN UNION

Most of the time, your Data may be stored within the European Union.

However, where one of our service providers is located outside the European Union, some of your Data may be transferred to a third country.

Where such transfers take place, we take appropriate steps to ensure that the transfer complies with applicable data protection law and that adequate safeguards are implemented to protect your privacy and fundamental rights.

These safeguards may include, where applicable, the use of contractual clauses approved by the European Commission.

You may contact us at contact@kyvella-shop.com for additional information regarding international Data transfers. Markdown collé

SECURITY MEASURES

We implement technical and organizational measures designed to provide a level of security appropriate to the risks affecting the rights and freedoms of individuals.

When determining appropriate measures, we take into account factors such as:

• the nature and scope of the processing;
• the context and purposes of the processing;
• implementation costs;
• available technology;
• identified risks.

Payment processing is also handled in accordance with applicable payment security standards, including PCI DSS where relevant.

PROFILING AND AUTOMATED DECISION-MAKING

Certain processing activities may involve automated processing, including profiling.

Such processing may, in certain cases, produce legal effects or similarly significantly affect you.

Automated processing may be used where necessary for entering into or performing a contract between you and us.

For example, certain payment providers may use automated systems to assess eligibility for installment payment options.

These assessments may take into account variables such as:

• the type of Products or Services ordered;
• transaction-related information;
• customer profile information.

Where the level of risk is considered too high, for example because of suspected fraud or risk of non-payment, certain payment options may not be offered.

Where applicable under data protection law, you may have the right to request human intervention, express your point of view, and challenge an automated decision. Markdown collé

UPDATES AND REVISION OF THIS POLICY

This policy relating to personal Data may be updated whenever necessary in order to remain compliant with applicable data protection legislation.

The original policy provides for a review at least once every three (3) years. Markdown collé

Contact:
AZCOMPANY
Kyvella
60 rue François 1er
75008 Paris
France
contact@kyvella-shop.com