Privacy policy
PRIVACY POLICY EFFECTIVE 09/09/2024
The present document, to which the General Conditions of Use of the site
www.penelopesauction.com (hereinafter the “Site”) is intended to inform you of our practices regarding the processing and protection of your Personal Data,
as defined below.
We invite you to read carefully all the information we provide and if you have any questions, please contact us.
1- Definitions
” Data “: refers to any information that directly or indirectly identifies a natural person by reference to an identification number or to one or more elements that are specific to that person. You will never be asked to provide so-called “sensitive” personal data, such as your racial or ethnic origins, your political, philosophical or religious opinions, or your income or tax situation.
Your Data is collected solely for the strict use and understanding of the Site and its Services and for the purposes described in Article 4.
The Sales Operator is responsible for the processing of your Data collected when you use the Site to provide you with the Services. This means that the Sales Operator is notably responsible for their collection, security and use for the purposes described herein, in compliance with Data protection rules. The Sales Operator does not rent or sell its customer files to third-party commercial companies unrelated to the Services as defined in the Site’s General Terms of Use.
Newsletter: Informational, promotional or advertising e-mail sent by the Sales Operator to Users who have provided their contact details in order to use the Sales Operator’s Services.
“ Services “: All the services offered by the Sales Operator on the Site and described in article 3 of the General Terms of Use. Terms and Conditions of Use ;
” User ” / “ You “: refers to any person using the Site Services.
2 - Consent
By using our Services, you undertake to provide true information about yourself and you understand and accept that your Data may be collected, used, stored and transmitted to third parties as described below for the purposes of providing the Services you wish to benefit from.
Providing false information is contrary to the Terms and Conditions of Use of the Site, which can be accessed at the following URL link: http://www.penelopesauction.com/conditions-generales-utilisation
3 - Collected data
We may collect the following categories of Data:
a. Browsing the Site
Connection data. Each time you connect to the Site, we passively collect information such as your computer’s IP address, the date and time of connection, and information about your browser.
Navigation data. We also collect information enabling us to identify how you access the Site, which pages you visit and for how long.
We may use cookies as described below.
b. Telephone Buy & Sell orders and online Appraisal requests
When you place a Purchase Order or a Telephone Bid, or when you request a free Appraisal online, we collect certain information such as your full name, postal address, e-mail address, telephone number, date of birth as well as the history and details of your purchases, the number and amounts of your bids.
This information is required by the Sales Operator in order to comply with the legal obligation to formally identify its customers, particularly in the context of the fight against money laundering.
c. Newsletter subscription
In accordance with the General Terms and Conditions of Use, when you subscribe to a Newsletter on the Site, you will be asked to enter a certain amount of Data, in particular your full name, postal address, e-mail address, telephone number, date of birth, etc.
This information is required by the Sales Operator in order to send you Newsletters corresponding to the desired subject and sales specialties.
d. Bank details
When you pay for an auction slip online, we ask for your bank details to ensure payment of your slip or to guarantee your participation in the auction.
When you make an advance deposit, your details are requested to guarantee your payment for a lot in the event of it being awarded to you. The Sales Operator may decide to deduct the amount deposited before the sale as a guarantee pending your full payment.
However, this Data is transmitted directly to the Sales Operator’s payment provider, Stripe, which is PCI-DSS certified through its own services.
If you refuse to pay your bill online, the Sales Operator will contact you and proceed to pay your bill using the methods described on the Site.
We do not store the aforementioned Data, which is collected and stored securely by the Sales Operator’s payment service provider, Stripe, which is PCI-DSS certified. This is an international security standard whose objectives are to ensure the confidentiality and integrity of cardholder data, and thus secure the protection of card and transaction data.
When you place a Purchase Order or a Telephone Bid request on the Site, your bank details are requested by the Sales Operator in order to check the validity of your bank account. However, this information is only kept for the duration of the auction.
4 - Purposes of collecting your Data
Your Data is collected to enable us to provide you with the Services and for one or more of the following purposes:
-Allow use of the Site,
-Provide a history of Purchase Orders and Telephone Auction requests,
-Ensure the proper execution of transactions initiated by Users, such as Purchase Orders and Telephone Auctions,
-Providing a free Appraisal service for properties on offer;
-To provide efficient customer service, particularly in terms of assistance in using the Site and handling complaints,
-Build up a file of users, customers and prospects,
-Send newsletters, solicitations and promotional messages according to the preferences selected from the categories of objects offered,
-To compile commercial statistics and statistics on internal use of the Services,
-To manage any disputes arising from the use of the Services and the Site,
-Fighting fraud,
-Manage your requests for access, rectification and opposition to the collection of your Data,
-Meet our legal and regulatory obligations.
When we collect your Data, we inform you whether certain Data are mandatory or optional. If you do not fill in these mandatory fields, you will not be able to access the Services.
You can subscribe to our newsletter by ticking a box on the relevant Site page.
It is possible to unsubscribe from newsletters at any time by clicking on the unsubscribe link at the bottom of the email.
If the unsubscribe link does not work properly, you can unsubscribe by sending a message to the address given in Article 12.
5 - Data recipients
a. Our service providers
We share your Data with our own service providers located in the European Union, in particular to carry out services and actions at your request and on our behalf, such as checking the validity of your telephone number, sending promotional and marketing emails or SMSs or allowing us to manage your transactions.
We use and process your connection data in order to identify, delimit and eliminate malfunctions and errors in telecommunication systems.
We may also use connection data to detect any illegal use of telecommunications systems and services.
b. Judicial authorities
In accordance with the legal provisions in force, the Sales Operator may be required to provide information to the competent authorities and courts for the purposes of criminal proceedings. The Sales Operator may not inform you of the disclosure of your Data to authorized third parties.
Data retention period
We only keep your Data for the period necessary to perform our Services and up to three (3) years after your subscription to the Newsletter.
At the end of this three (3) year period, the Sales Operator may contact you again to ask whether you wish to continue receiving information about the Sales Operator’s products and services. In the absence of positive and explicit action on your part, your Data will be archived or deleted in accordance with the legal provisions in force.
In the event of a breach of the General Conditions of Use or the present Privacy Policy, the Sales Operator reserves the right to refuse access to the Site’s Services under the conditions described in the General Conditions of Use.
In compliance with article L.123-22 of the French Commercial Code, the Sales Operator archives all data concerning successful bidders for a period of ten (10) years from the end of the contractual relationship, for invoicing and accounting purposes.
Similarly, the Data of successful bidders is archived as part of the management of contracts between merchants and non-merchants or between merchants for a period of five (5) years from the end of the contractual relationship in accordance with Article L.110-4 of the French Commercial Code. In accordance with article 213-1 of the French Consumer Code, this period may be extended to ten (10) years when the contract is concluded electronically with a consumer and concerns a sum equal to or greater than 120 euros, and the Sales Operator guarantees access to it at all times to the successful bidder if the latter so requests.
At the end of this period, the Sales Operator undertakes to delete or anonymize the data in its possession.
6 - Safety
We have implemented technical and organizational security measures to guarantee the security, integrity and confidentiality of all your Data in order to prevent it from being lost, stolen, damaged, distorted or distributed to unauthorized persons.
We store your Data on servers located within the European Union.
7 - Cookies
Cookies are text files stored in your browser. They are created when a User’s browser loads a given website: the site sends information to the browser, which then creates a text file.
Each time you return to the same site, the browser retrieves the file and sends it to the website server.
When you visit the Site for the first time, a warning banner is displayed asking you whether you accept the use of cookies during your browsing. These cookies will then be activated once you have given your consent.
This banner informs you that your continued visit to the Site constitutes your agreement to the use of cookies, for which your authorization is required, during your browsing.
You can also continue browsing while refusing cookies under the conditions described below.
a. Cookies used
The Sales Operator uses the services of Google Analytics to collect information about your use of the Site.
Google Analytics is a marketing analysis service operated by Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States.
Google Analytics uses codes made up of text and numbers which are stored on your device and which make it possible to analyze the use of the Services.
The information generated by the cookie about your use of the Services (including your IP address) will be transferred to and stored by a Google server.
Google will use this information for the purpose of evaluating your use of the Services, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage.
Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf.
Google Analytics stores information about :
-The pages you visit on the Site ;
-The time you spend on each of these pages;
-The links that brought you to the Site ;
-What you click on while browsing the Site.
We do not use re-targeting advertising cookies or any other advertising pixel service that indicates whether users have performed specific actions on a site after clicking on an advertisement on one of the pages.
Google Analytics uses the following cookies:
Name | Expiration | Role |
_ga | 14 months | Used to count how many people visit the Site, distinguishing between users who have already visited the Site. |
_gat | 10 minutes | Used to monitor the frequency of web page requests |
b. Purpose of using cookies
The cookies we use enable us to:
-To compile statistics and volumes of visits to and use of the various elements making up the Site (sections and content visited, routes taken), enabling us to improve the interest and ergonomics of our Services;
-To adapt the presentation of the Site to the display preferences of your terminal (language used, display resolution, operating system used, etc.) during your visits to the Site, according to the hardware and viewing or reading software that your terminal is equipped with.
c. Manage cookie settings
To continue browsing while refusing cookies, you can change your browser settings at any time.
To manage cookies and your choices, the configuration of each browser is different. This is described in your browser’s help menu, which will tell you how to modify your cookie preferences. Below you’ll find information on the main browsers.
-Internet Explorer
-Google Chrome
-Safari
-Firefox
All settings are likely to modify your Internet browsing and your access conditions to certain Services requiring the use of cookies.
We decline all responsibility for the consequences linked to the degraded functioning of certain Services resulting from the impossibility of recording or consulting the cookies necessary for their functioning and which you would have refused or deleted.
You can also choose to specifically and uniquely object to Google Analytics cookies by installing the add-on accessible by clicking on the following link:
https://tools.google.com/dlpage/gaoptout?hl=None.
8 - User rights
The Data provided is necessary for the performance of Services to which you have subscribed. You may not therefore withdraw your consent to the processing of Data necessary for the performance of the Service, unless you cease to use the Services.
You may, however, consult, modify or request the deletion of your Data at any time for legitimate reasons, using the contact details given in article 12 below. The Sales Operator will provide information on the action taken within one (1) month of your request. Requests to limit the processing or portability of Data are made under the same conditions. This one (1) month period may nevertheless be extended by two (2) months, provided that you are informed of the reasons for the extension within the one (1) month period.
You may also object at any time to the processing of your Data to which you have previously given your specific consent for canvassing purposes.
The Sales Operator will provide you, free of charge, with information relating to your stored Data. The information can be provided electronically if you wish.
For your security, please understand that in the event of an inquiry or modification, we must verify your identity. Your identification will not be retained following your request.
The Sales Operator undertakes to notify all Data processing recipients of your request.
9- What happens to data after death
You have the right to formulate, with your specific consent, directives concerning the conservation, deletion and communication of your Data after your death. You may modify or revoke these instructions at any time.
You may designate a person to carry out your instructions. Upon your death, this person is then entitled to take cognizance of your instructions and request their implementation from the Sales Operator. In the absence of such a designation, or in the event of the death of the designated person, your heirs will be entitled to take cognizance of your instructions and request their implementation from the Sales Operator.
In the absence of a directive or a statement to the contrary in your directive, your heirs may exercise your rights to the extent necessary to :
-To organize and settle your estate. In this respect, your heirs may access the Data processing that concerns you in order to identify and obtain communication of information useful for the liquidation and division of the estate. They may also receive communication of digital assets or data similar to family mementos, which may be passed on to your heirs;
-The taking into account of the death by the Sales Operator. In this respect, your heirs may object to the continued processing of your Data or have it updated.
If your heirs so request, the Sales Operator must prove, at no cost to the applicant, that it has carried out the operations required by the heirs.
Disagreements between heirs over the exercise of these rights are referred to the competent tribunal de grande instance.
10- Modification of the privacy policy
The Sales Operator reserves the right to modify the Privacy Policy at any time, which shall remain applicable throughout the use of the Site and Services. In the event of a modification, the Sales Operator will inform you by e-mail.
If you do not agree to these changes, you agree to cease using the Services. Otherwise, your use of the Services will be subject to the terms of the new version of the Privacy Policy.
Any access to the Services after notification by the Sales Operator of the new version of the Privacy Policy implies your full acceptance of this new version of the Privacy Policy.
The new version of the Privacy Policy applicable to the Services can be consulted on the Site. The Sales Operator invites you to consult them when submitting a Purchase Order or Auction request.
Telephone and online Appraisal request.
The Sales Operator also reserves the right to modify or suspend, without reason, all or part of the Services.
Any modification or deletion of the Services does not entitle you to any compensation whatsoever.
11 - Disputes
In the event of a dispute concerning the use of your Data, you may refer the matter to the Commission Nationale de l’Informatique et des Libertés.
12 - Contact
You can send any questions you may have about your Data and how we use it directly to : contact@penelopesauction.com or to the following postal address
PB AUCTION SAS
4à rue Blanche 75009 paris
If you wish to exercise your right to oppose, question, access, rectify or withdraw Data, you can contact us at the same addresses under the conditions described in article 9 above.
Where such data is kept solely for evidentiary purposes, it must be archived so that it no longer appears in the active database, and can only be accessed by persons authorized to do so by virtue of their function.
