Effective date: Updated on November 28, 2024
Benda Bili markets high-end ready-to-wear items and lifestyle accessories under the "Sézane", "Octobre Éditions" and "Petit Sézane" brands, or in connection with collaborations, under third-party brands such as "Les Composantes", on its websites www.sezane.com and www.octobre-editions.com , its IOS and Android mobile applications, and through its subsidiaries, in its physical points of sale (the “Points of Sale” and "Benda Bili" respectively).
In order to offer its products for sale, to support the sale of its products and to manage the Points of Sale, Benda Bili collects personal data from customers and users of its Points of Sale (together the "Users").
The purpose of this privacy policy is to inform Users of the Points of Sale of the means implemented by Benda Bili to collect, consult, Process and store their Data (the "Privacy Policy"), in accordance with the provisions of the Regulation on the protection of individuals with regard to the processing of personal data and on the free movement of such data n°2016/679 of the European Parliament and of the Council of April 27, 2016 ("GDPR") and of French law n°78/17 of January 6, 1978, as amended (the "Law on Information Technology and Liberties").
1. Definitions and identification of the Data Controller
The data controller, who collects the personal data and implements the processing of such data, is Benda Bili, a French community-purpose simplified joint stock company (société à mission par actions simplifiée) with share capital of €27,386, registered with the Paris Trade and Companies' Register under number 534 652 854, having its registered office at 115 rue du Bac in Paris (75007), France (the "Data Controller").
"Process" or "Processing" means any operation or set of operations applied to Data, such as collection, recording, organization, structuring, storage, adaptation or modification, extraction, consultation, use, limitation, deletion or destruction.
"Data" means any information relating to a User, identified or identifiable in particular by reference to an identifier, such as a first name, surname, identification number, location data, or one or more specific elements.
2. Data Collection
Benda Bili collects the following categories of Data in its Points of Sale:
· Account creation data: Data that the User provides when creating an account, whether mandatory or optional (title, first name, surname, date of birth, e-mail address, telephone number, password for logging into the account, and marketing preferences);
· Customer data: Data that the User provides when making a purchase in the Points of Sale, whether mandatory or optional (title, first name, surname, date of birth, e-mail address, telephone number, password for logging in to the account, marketing preferences, billing and delivery postal addresses);
· Transactional data: Data used to process orders placed by the User in the Points of Sale, such as title, first name, surname, e-mail address, telephone number, postal address and information pertaining to payment method (excluding order payment data*);
· Customer service data: Data collected by Benda Bili's customer service during exchanges between the User and Benda Bili in connection with orders or otherwise, such as title, first name, surname, e-mail address, telephone number, billing and delivery addresses, and documents proving the User's identity such as identity card or passport;
· Browsing data: User data that Benda Bili collects when the Customer browses the Points of Sale, in particular the date and time of connection and/or browsing, browser type, browser language, IP address and location data (country of browsing);
· Data of contest participants/winners: "Participant" and/or "winner" data collected by Benda Bili when the User participates in a contest, in particular first name, surname, place of residence, e-mail address and social network login and/or when the User wins a contest the following additional data: postal address and telephone number;
· Candidate Data: Data collected when the User applies for a job offer published by Benda Bili via its Points of Sale, such as ID photograph, title, first name, surname, email address, telephone number, date of birth, place of residence, interests, professional experience, past training, skills, and identity documents (identity card, passport, visa);
· Video surveillance data: Data collected through video surveillance systems installed on physical Sites, such as images of Users.
Order payment data* (title, first name, surname, e-mail address, telephone number, billing address, credit card number, expiration date, authorization number, and security code) are collected directly by Benda Bili's payment service providers, Adyen and PayPal, under their respective terms, conditions and confidentiality policies. Benda Bili does not have access to this Data;
Benda Bili publishes editorial, commercial or marketing content on certain websites and social networks such as Facebook, Instagram, TikTok, LinkedIn, and which are owned by third parties. The latter may use automated tools to collect certain Data relating to the users of these tools, profiling in particular their online activity. Any collection of personal data in this context is carried out directly by these third parties and is governed by their respective privacy policies, which the User shall be responsible for reading. To the extent permitted by applicable law, Benda Bili is in no way responsible for the data collection and practices of these third parties in connection with Personal Data.
3. Legal basis for Data collection
Benda Bili collects Data on one or more of the following legal bases:
Consent: when the User gives his/her consent, Benda Bili may process his/her Personal Data for the specific purposes to which the User has consented. This basis is used, for example, when the User agrees to Benda Bili sending him/her marketing or commercial communications by email and/or SMS, such as notices, invitations or newsletters, or when the User consents to take part in a contest.
Contract: Benda Bili processes the User's Personal Data necessary for the performance of a contract (such as a purchase contract) when Benda Bili sells products or services and the User purchases them. Performance by Benda Bili implies the collection of certain Data to deliver the items ordered by the User, to manage and to carry out the follow-up of his/her orders.
Legitimate interest: Benda Bili has a legitimate interest in processing User Data for purposes such as providing customer service, improving User experience, developing its products and services, preventing fraud, ensuring the security of the Points of Sale or the sales prospecting for its existing customers.
Legal obligation: Benda Bili fulfils a legal obligation whenever the processing of the User's Personal Data is necessary to comply with a legal obligation in the country of operations, for example in the context of consumer law and the application of legal guarantees or to comply with certain accounting and tax obligations.
4. Purposes of Data Collection
The Data collected in the Points of Sale is processed for the purposes described in the table below.
5. Data Processors and Data Recipients
In certain cases as described below, the Data collected may be transferred to third parties, who may Process them on behalf of Benda Bili (Data Processors) and/or on their own account (Data Recipients). The following is a non-exhaustive list of Data Processors and Data Recipients :
Data Recipients
· Payment providers: payment for purchases on the Points of Sale is made via (i) PayPal or (ii) the secure platform of Benda Bili's payment provider, Adyen:
o PayPal (Europe) S.à.r.l. et Cie is a Luxembourg société en commandite par actions, registered with the Luxembourg R.C.S. under number B118349, having its registered office at 22-24, Boulevard Royal - L-2449 Luxembourg. For further information, the User may view the following website: https://www.paypal.com.
o Adyen B.V. is a company registered in Amsterdam (The Netherlands) under number 34259528, having its registered office at Simon Carmiggeltstraat 6-50, 1011 DJ, Amsterdam, The Netherlands. For further information, the User may view the following website: https://www.adyen.com.
o Benda Bili does not have access to Users' Payment Data. The User may elect to save these Data in his/her customer account. This data is not stored by Benda Bili, but by PayPal and/or Adyen. The User may modify or delete such Data at any time by logging into his/her customer account.
· Any police, administrative or judicial authority in connection with orders relating to the fight against fraud.
· Customs and service providers for foreign deliveries.
· Tax-free service providers.
· La Poésie, a French société par actions simplifiée (simplified joint stock company), registered with the Paris Trade and Companies' register under number 889 423 414, in connection with its collaboration with Benda Bili on "Les Composantes" brand products. Thus, the User having acquired "Les Composantes" brand products on the Points of Sale expressly agrees that Benda Bili transfer to La Poésie its Account Creation Data, Customer Data, Customer Service Data, Transactional Data and Browsing Data. All processing of such Data by La Poésie is governed solely by La Poésie's privacy policy.
Boutiques and sales outlets of Sézane, Octobre Éditions and Petit Sézane - these boutiques and sales outlets are wholly owned by Benda Bili affiliates (Benda Bili R, Benda Bili Limited, Benda Bili Inc.) and may have access to all of the Data referred to in article 2 of this Privacy policy.
Data Processors
Benda Bili's data processors may have access to the Data collected for the following purposes:
· Preparation, dispatch and return of orders (7 Senders, Arvato, C Chez Vous, Chronopost, DHL, DPD, Fedex, Kuehne+Nagel, Schneider),
· Follow-up on customer questions, comments and opinions, in coordination with Benda Bili Customer Service (Sprinklr),
· Updating and improving Website content (Google, Meta, Segment, Contentsquare),
· The maintenance and technical development of the Points of Sale and Benda Bili's internal implementations, including the entities that carry out orders and ensure the hosting of the Points of Sale, the storage of Data, email service providers and customer tickets, as well as analysis and tag management services, such as Google Analytics and Amazon Web Services,
· Prospecting and communication operations (Salesforce, Batch),
· To ensure the continuity of the User's experience in boutiques and sales outlets, including tracking purchases and orders, returns and refunds (Benda Bili R, Benda Bili Limited, Benda Bili Inc.).
6. Transfer of Data outside of the European Union
Benda Bili subsidiaries - Data may be transferred to Benda Bili Inc. and Benda Bili Ltd, the UK and US subsidiaries wholly owned by Benda Bili, so that its Users can benefit from the same "customer experience" in Sézane, Octobre Éditions and/or Petit Sézane boutiques located in the UK and the US. These transfers are made in connection with the European Commission's standard contractual clauses and the Data Privacy Framework existing between the European Union and the United States.
Benda Bili’s service providers - Data may also be transferred to Benda Bili's service providers, allowing the latter to provide their services to its Users (in particular carriers, internet hosts and technical service providers to manage the Points of Sale). These transfers take place in connection with the European Commission's standard contractual clauses and the Data Privacy Framework existing between the European Union and the United States.
7. Users’ rights to their Data
In accordance with Articles 14 to 22 of the GDPR, any User may exercise the following rights:
· A right of access to his/her Data,
· A right to rectify his/her Data,
· A right to delete his/her Data,
· A right to object to the Processing of his/her Data,
· A right to limit the Processing of his/her Data,
· A right to Data portability.
If Benda Bili detects a breach of Data likely to generate a high risk for the rights and freedoms of Users, it undertakes to inform them as soon as possible and the competent supervisory authority (in particular the CNIL in France).
To unsubscribe, please contact Customer Service at hello@sezane.com.
The User may exercise all his rights:
· By logging into his/her customer area on the Points of Sale; or
· By contacting Customer Service at hello@sezane.com or by post - BENDA BILI, Service Client, 115 rue du Bac - 75007 Paris, France; or
· By contacting Benda Bili's Data Protection Officer at dpo@sezane.com or by post - BENDA BILI, Délégué à la Protection des Données Personnes, 115 rue du Bac - 75007 Paris, France.
Benda Bili may ask the User to attach certain information to their request (a copy of an identity card, passport or other legally recognized form of identification) for identification purposes in order to process their request and protect itself against fraudulent requests from third parties. In the absence of a reply, or in the event of a reply deemed unsatisfactory, the User may refer the matter to the supervisory authority in his or her country of residence (in particular, for France, the CNIL: https://www.cnil.fr/).
8. Data security measures
In its capacity as Data Controller, Benda Bili undertakes to take all necessary precautions to protect the security and confidentiality of the Data and, in particular, to preclude any alteration, deformation or access by unauthorized third parties.
9. Cookies, tags and tracers
When browsing the Points of Sale, information pertaining to the browsing habits of the User's terminal (computer, tablet, smartphone, etc.) may be recorded in files referred to as "Cookies". Cookies are used for browsing follow-up or an analysis of the User's behavior, in particular:
Cookie List
A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:
Strictly Necessary Cookies
These cookies are essential for our website to function properly and must remain active if you wish to access all of our services. They do not store any personal information and are a result of actions that you have taken- such as setting your privacy preferences or filling out a registration form. You can always set up your browser to block or be informed of the existence of these cookies.
10. Social networks
Benda Bili's official company accounts "Sézane", "Octobre Éditions" or "Petit Sézane" on social networks including Instagram, TikTok, Facebook, LinkedIn and Pinterest allow Users to interact with Benda Bili . These interactions may be viewed by any third party. Users are therefore required to exercise increased vigilance when providing Personal Data on these networks; and Benda Bili shall in no event be held liable for any loss arising from the publication of such interactions.
11. Links to third party sites
The Points of Sale may provide links to non-Benda Bili sites, applications and services operated by third parties. Benda Bili is not responsible for the processing of personal data by these third parties, whose personal data protection policies shall apply exclusively.
12. Modification of this Privacy policy
This Privacy Policy reflects Benda Bili's current practices and may be modified and updated from time to time by Benda Bili in order to comply with any regulatory, case law, editorial, commercial or technical developments. When changes to this Privacy Policy are published, Benda Bili will modify the "Effective Date" at the top of this Privacy Policy to indicate when such changes have come into force.