Privacy Policy

Situations in which personal data are collected

Categories of personal data collected

Purposes of the processing carried out on the personal data collected

Legal basis of the processing carried out on the personal data collected

By connecting and browsing on our Website

Technical data connexion:

• the type of browser the version of the browser used for the connection by the data subject
• the operating system used by the data subject
• the originating URL (= from the previous web page from which you connect to our Website)
• host name of the connecting equipment (your computer, smartphone, etc.) to our Website
• time of the connection request
• IP-address.

These data are not cross-checked with other data sources.

The managing, the securing and the improving the Website, as well as securing the tools and the information system of B&K LUMITEC

The achievement of a legitimate interest pursued by B&K LUMITEC (article 6 (1) (f) GPDR) – namely: to improve and to ensure the stability, functionality and security of its Website, as well as the security of its tools and its information system.

The creation of a customer account

• last name and first name
• postal addresses (places of establishment, of delivery, of billing)
• email address
• phone number (landline and mobile)
• fax number
• For the french customers: the data contained on the extract of the Commercial and Companies Register (“extrait Kbis“) or on the extract of the registration in the Trades Register (“Répertoire des métiers”)
• For the customers established in the EU: intracommunity VAT number
• For the customers established in Switzerland: tax number
• a password (to be created by the customer when requesting the opening of the customer account)

• Management of the customer account:
• to process the request for opening a customer account
• to manage the customer account (included its deletion)
• to allow the account holder (and its collaborators authorised by him) to access and to use it
• to manage amicably the complaints related to the customer account

The performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (article 6 (1) (b) GDPR).

• Management of the disputes related to the customer account in the context of pre-litigation and litigation

The achievement of a legitimate interest pursued by B&K LUMITEC (article 6 (1) (f) GPDR) – namely: to be able to establish, exercise or defend its rights in court.

Requests for information (Requests for information that is not freely available on the Website require the prior creation of a customer account)

• The email adress communicated at the time of the request for opening a customer account
• The password created where the creation of the customer account

The processing of these requests in order to give them a response

The performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (article 6 (1) (b) GDPR).

The placement of an order
(The placement of an order requires the prior creation of a customer account)

• last name and first name
• postal addresses (places of establishment, of delivery, of invoicing)
• email address
• phone number (landline and mobile)
• fax number
• customer number
• transaction data (number, date, amount, periodicity and details of the order (types and quantities of products ordered) and of the invoice (included its due date)
• conditions and methods of payment
• purchase history
• bank details (identity of the account holder, account number, IBAN, SWIFT Code)
• cheque number in case of a payment by cheque

• Management of the contracts:

- to process, to manage, to perform to follow up (included the delivery of the products and the receipt of their payment) the order
- to manage after-sales service, complaints and all warranty issues related to the order
- to process and manage all contacts from the customer who placed the order and / or her / his collaborators and which are dealing with the order
- to manage amicably the complaints related to the order

The performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (article 6 (1) (b) GDPR).

• Management of the disputes related to the order in the context of pre-litigation and litigation

The achievement of a legitimate interest pursued by B&K LUMITEC (article 6 (1) (f) GPDR) – namely: to be able to establish, exercise or defend its rights in court.

• Carrying out studies and analyses of sales statistics for prospecting purposes

The achievement of a legitimate interest pursued by B&K LUMITEC (article 6 (1) (f) GPDR) – namely: to gain a better knowledge and understanding of the needs and expectations of its customers in order to better respond to them.

• The compliance by B&K LUMITEC with its accounting and tax obligations

The compliance with a legal obligation to which B&K LUMITEC is subject (article 6 (1) (c) GDPR).

The payment of an order if the customer chooses to pay it by bank card

• The data related to the bank card: identity of the bank card, bank card number, its expiry date and its visual cryptogram

• The management and receipt of the payment for the order for which the bank card data have been provided

The performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (article 6 (1) (b) GDPR).

• The data related to the bank card: identity of the bank card, bank card number and its expiry date

• Management of the disputes related to the payment transaction in the context of pre-litigation and litigation

The achievement of a legitimate interest pursued by B&K LUMITEC (article 6 (1) (f) GPDR) – namely: to be able to establish, exercise or defend its rights in court.

The request for subscription to the newsletter from B&K LUMITEC

• email address

• The management of the subscription to the newsletter:
• to process the request for subscription
• to manage the newsletter service (included the unsubscription)
• to send the newsletters

The consent given by the data subject for this specific purpose (article 6 (1) (a) GPDR).

• The management of the consent given by the data subject:
• to keep evidence of the consent given by the data subject,
• to manage the withdrawal of the consent.

The compliance with a legal obligation to which B&K LUMITEC is subject (article 6 (1) (c) GDPR).

The communication of specific directives concerning the fate of her / his personal data after her / his death

• last name and first name
• postal address
• email address
• the specific directives concerning the retention, the erasure and the transmission of her / his personal data after her / his death

• The recording and the retention of the specific directives communicated by the data subject

The consent given by the data subject for this specific purpose (article 6 (1) (a) GPDR).

• The management of the consent given by the data subject:
• to keep evidence of the consent given by the data subject,
• to manage the withdrawal of the consent.

The compliance with a legal obligation to which B&K LUMITEC is subject (article 6 (1) (c) GDPR).

Purposes of the processing carried out on the personal data collected

Categories of recipients of the personal data communicated

The securing of the tools and the information system of B&K LUMITEC and the operation and improvement of the Website

The IT service provider of B&K LUMITEC

The management of customer’s accounts

- B&K LUMITEC’s sales department and accounting department

The management of the disputes related to the customer account in the context of pre-litigation and litigation

- Lawyers
- Experts
- Court officers, judicial officers
- Médiators, conciliators, arbitrators, and courts
- Insurers
- B&K LUMITEC’s sales department and accounting department

The processing of information requests

- B&K LUMITEC’s sales department

The management of the contracts

- B&K LUMITEC’s sales department, accounting department and shipping department

The transport service providers used by B&K LUMITEC to deliver the products

• Categories of data communicated: postal address, last name and first name, phone number (landline and mobile).

The banking institutions used by B&K LUMITEC in connection with the payment of orders

The management and receipt of the payment for the order for which the bank card data have been provided

- B&K LUMITEC’s sales department and accounting department

- The banking institutions used by B&K LUMITEC in connection with the payment of orders

The management of the disputes related to the order (included related to the payment transaction by bank card) in the context of pre-litigation and litigation

- Lawyers
- Experts
- Court officers, judicial officers
- Mediators, conciliators, arbitrators, and courts
- Insurers
- B&K LUMITEC’s sales department and accounting department

Carrying out studies and analyses of sales statistics for prospecting purposes

- B&K LUMITEC’s sales department

The compliance by B&K LUMITEC with its accounting and tax obligations

- B&K LUMITEC’s accounting department
- the accounting firm of B&K LUMITEC
- The tax administration

The management of the Newsletter 

- The IT service provider of B&K LUMITEC
- The newsletter service provider
- B&K LUMITEC’s sales department

The management of consents given by the data subject to certain specific processing of his/her personal data

- B&K LUMITEC’s sales department
- The IT service provider of B&K LUMITEC

The recording and the retention of specific directives communicated by the data subject concerning the fate of her / his personal data after her / his death

- B&K LUMITEC’s sales department

Purposes of the processing carried out on the personal data collected

Retention period of the personal data
/ OR
Criteria used to determine this period

The securing of the tools and the information system of B&K LUMITEC and the operation and improvement of the Website

14 days after the end of each connection by the data subject to the Website

The processing of information requests

Retention for a period of 2 years from the last contact initiated by the customer with B&K LUMITEC.

The management of customer’s accounts

Retention:
- until the customer account is deleted,
- or, in the absence of deletion, for a period of 2 years from the last contact initiated by the customer with B&K LUMITEC.

This period is increased by the limitation period provided by the applicable law (E.g., 5 years for French law).
Legal basis for the retention: the achievement of a legitimate interest pursued by B&K LUMITEC (article 6 (1) (f) GPDR) – namely: to be able to establish, exercise or defend its rights in court.

The management of the disputes related to the customer account in the context of pre-litigation and litigation

The management of the contracts

Retention for the duration of the contractual relationship.

This period is increased:

- by the limitation period provided for by the applicable law (e.g., 5 years for French law).
Legal basis for the retention: the achievement of a legitimate interest pursued by B&K LUMITEC (article 6 (1) (f) GPDR) – namely: to be able to establish, exercise or defend its rights in court.

- and by the retention periods required by the applicable legal and regulatory provisions (e.g., 10 years for invoicing and accounting data).
Legal basis for the retention: the compliance with a legal obligation to which B&K LUMITEC is subject (article 6 (1) (c) GDPR).

The management of the disputes related to the order in the context of pre-litigation and litigation

The compliance by B&K LUMITEC with its accounting and tax obligations

Carrying out studies and analyses of sales statistics for prospecting purposes

Retention:
- for a period of 3 years from the last contact initiated by the customer with B&K LUMITEC,
- or until the data subject exercises his or her right to object.

The management and receipt of the payment for the order for which the bank card data have been provided

Retention of the data (identity of the bank card, bank card number, its expiry date, and its visual cryptogram) until the effective and complete payment of the transaction for which the data was communicated.

The management of the disputes related to a payment transaction by bank card in the context of pre-litigation and litigation

Retention of the data (identity of the bank card, bank card number and its expiry date) for a period of:
- 13 months from the date of debit,
- or 15 months from the date of debit if the bank card used is a deferred debit card.

The management of the Newsletter 

Retention:
- until the data subject withdraws his or her consent (unsubscribe request),
- or, failing that, for a period of 3 years from the last contact initiated by the data subject.

The management of consents given by the data subject to certain specific processing of his/her personal data

Retention until the data subject withdraws his or her consent.

This period is increased by the limitation periods provided for by the applicable law.
Legal basis for the retention: the achievement of a legitimate interest pursued by B&K LUMITEC (article 6 (1) (f) GPDR) – namely: to be able to establish, exercise or defend its rights in court.

The recording and the retention of specific directives communicated by the data subject concerning the fate of her / his personal data after her / his death

Retention until the data subject withdraws his or her consent.

Cases in which the data subject has a right to object

The conditions to be complied with by the data subject

RESTRICTIONS

CASE N° 1: the legal basis for the processing is a legitimate interest pursued by B&K LUMITEC (except in the case of processing for direct marketing purposes).

The list of the processing, which have this legal basis, can be found in 4. of this section: see the column entitled « Legal basis of the processing carried out on the personal data collected ».

When exercising his or her right to object, the data subject must indicate to B&K LUMITEC which is
or are the reason(s) relating to his/her particular situation for which he/she exercises his/her right to object.

B&K LUMITEC may override the exercise of a right to object and continue to process the personal data if B&K LUMITEC demonstrate:
- either there is compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject,
- or the processing is necessary for the establishment, exercise, or defence of legal claims.

CASE N° 2: the processing has direct marketing purpose.

The list of the processing, which have this purpose, can be found in 4. of this section: see the column entitled « Purposes of the processing carried out on the personal data collected ».

None: the data subject does not have to give reasons for exercising the right to object.

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LIST OF THE OTHER RIGHTS

What does it mean?

RESTRICTIONS

The right to be informed

This right allows you to be informed about the processing of your personal data by B&K LUMITEC and about your rights in relation to these processing.
The aim of this section is to provide this information.

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The right of access to his / her data

This right includes:

- the right to know whether your personal data are processed by B&K LUMITEC,

- and, if so, the right to obtain a copy of your processed personal data and information about their processing.

A fee not exceeding the cost of the copy may be charged.

The right to rectification of his / her data

This right allows you to request the rectification of inaccurate or incomplete information concerning you.

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The right to erasure of his / her data (« right to be forgotten »)

This right allows you to obtain from B&K LUMITEC the erasure, without undue delay, of your personal data.

1st restriction: The right to erasure does not apply in the following 2 cases:

• the processing of the personal data is necessary for compliance with a legal obligation to which B&K LUMITEC is subject,
• the processing of the personal data is necessary for the establishment, exercise, or defence of legal claims.

2nd restriction: In order to exercise his or her right to erasure, the data subject must provide a reason from a (limited) list of reasons.
E.g., his or her personal data are no longer necessary for the purpose(s) for which they were collected.
To view the full list of reasons, click here

The right to data portability

This right allows you to receive, in a structured, commonly used and machine-readable format (computer, smartphone, etc.), the personal data concerning you that you have provided to B&K LUMITEC.

You can then reuse them and/or pass them on to another controller.

You can also ask B&K LUMITEC to transfer your personal data directly to another, where technically feasible.

The right to data portability applies only to personal data whose processing is carried out by automated means and which is based:
- either on the basis of the consent of the data subject,
- the existence of a contract between the data subject and B&K LUMITEC.

The list of the processing operations which have one of these two legal basis can be found in 4. of this section: see the column entitled « Legal basis of the processing carried out on the personal data collected ».

The exercise of the right to portability must not infringe the rights and freedoms of third parties.

The right to restriction of the processing of his / her data

Where this right is exercised, B&K LUMITEC:

• keeps the personal data,
• but may not further process or use it (except in the 2 cases indicated in the "Restriction" column).

The restriction of a processing is a temporary measure. B&K LUMITEC informs the data subject before the restriction of processing is lifted.

1st restriction: In order to exercise his or her right to restriction, the data subject must justify a reason from a (restrictive) list of reasons.
E.g., contest the accuracy of his or her processed personal data. In this case, the limitation will last for a period enabling B&K LUMITEC to verify the accuracy of the personal data.
To view the full list of reasons, click here

2nd Restriction: Where this right is exercised, B&K LUMITEC may still make other uses of the personal data (in addition to storing them) in the following 2 cases:

• B&K LUMITEC has obtained the consent of the data subject to make that other use (=processing),
• This other use is necessary:

- for the establishment, exercise, or defence of legal claims,
- or for the protection of the rights of another natural or legal person,
- ou for reasons of important public interest of the Union or of a Member State.

The right to withdraw at any time his or her consent to the processing of his / her personal data

This right allows you to obtain at any time that B&K LUMITEC ceases the processing for which you have withdrawn your consent.

In the particular case of newsletter subscription, the consent can be withdrawn:

• by clicking on the "Unsubscribe" link contained in each Newsletter sent,
• or in accordance with the terms and conditions set out in 8.3 of this section.

The withdrawal of consent:
- is valid for the future,
- and shall not affect the lawfulness of processing based on consent before its withdrawal.

This right applies to processing operations whose legal basis is the consent of the data subject.

The list of these processing operations can be found in 4. of this section: see the column entitled « Legal basis of the processing carried out on the personal data collected ».

The right to set specific directives relating to the retention, deletion and disclosure of personal data after his/her death

This right allows you to set, in the form of general and/or specific instructions, how you want your rights to be exercised after your death.

The general directives concern all your personal data. They can be registered with a trusted digital third party certified by the CNIL.

The specific directives concern (only) the processing of your personal data that they mention. They must be communicated to the relevant data controllers for registration.
You can therefore define and communicate to B&K LUMITEC specific directives concerning the processing of your personal data by B&K LUMITEC. In this case, B&K LUMITEC will record and store your instructions.
You can change or revoke your specific directives at any time by contacting B&K LUMITEC (see 8.3 of this section).

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