This site is published by SWAPSSS., Ltd with capital of €10,000, community VAT number FR03852337930, Angers RCS registration number “SIRET” 852337930, headquartered at 15 Boulevard Daviers 49100 Angers France.
Phone: +33 (0)9 77 71 08 64
Email: info@le-marche.jp
Responsible: Tatsuya BABA

1. Preamble

Le Marche Paris is concerned with the privacy of the Le Marche Paris platform (the ”Our Service”) members, and uses its best efforts  to protect it. In particular, Le Marche Paris undertakes to ensure a level of protection of personal data that is in accordance with  the General Data Protection Regulation (“GDPR”), including any French laws and regulations implementing, complementing  or replacing the GDPR, where appropriate.  

Le Marche Paris collects and processes personal data relating to the Members. “Members” designate the users, who have  registered with our service, and which registration was approved by Le Marche Paris. This privacy policy (the “Privacy Policy”)  describes how the personal data relating to the Members will be collected and processed.  

The personal data shall be processed by SWAPSSS SAS, a société par actions simplifiée subject to French law, with a share  capital of 10,000 euros, registered with the Register of Companies in Angers as company No. 852 337 930, and which registered  office is at 15 Boulevard Daviers, 49100 Angers, France (hereinafter “Le Marche Paris”). 

Le Marche Paris  also collects data relating to the Members, and more generally to the our service users, by means of cookies, as  described in more detail in Le Marche Paris’s cookie policy. 

2. Which personal data does Le Marche Paris collect?

Le Marche Paris collects personal data directly from each Member when he/she registers with our service. Le Marche Paris notably collects:  

  • Data relating to his/her registration: his/her login, alias, and e-mail address (the password, if collected, is then encrypted  in a non-reversible manner (hashing), and is not collected as such);  

  • Data relating to the profile of a Member who is an auto-entrepreneur or is a one-person business: its registered name,  his/her full name, his/her registration number where appropriate, VAT number, registered address, contact details  (telephone number, e-mail address), Instagram username, a copy of the legal representative’s identity card or passport;  

  • If the Member is a legal entity, data relating to the contact persons within the Member: the full name of a contact  person who is an individual, the full name of the legal representatives or of any person who is duly authorized to make  commitments on behalf of the Member, and their respective contact details (telephone number, e-mail address):  

  •  Data relating to any orders for products that were placed through the Platform: product(s) purchased, transaction  number, address for deliveries, etc.; 

  • Bank details: bank details and SEPA direct debit mandate.

Other data will be collected directly from each Member during the use of the Platform, or when the Member communicates  through the Platform. These data include, notably: 

  •  Information given by a Member when he/she publishes an opinion on our service; 
  • Communication between Members (content of the communication, nature of the complaint, returned products, etc.); 
  •  Data relating to the consultation of any e-mails sent by Le Marche Paris to the Members (administrative e-mails or  canvassing e-mails); 

The data collected for the purposes of performing the terms and conditions of use, complying with our statutory or  regulatory obligations, or the data that are necessary to enter into the terms and conditions of use, are data which  provision is compulsory. If such data are not provided, Le Marche Paris  will not be in a position to make all of our service  functionalities available.

3. Purposes of and lawful bases for the collection of the personal data of the Members by Le Marche Paris – Data retention periods

Le Marche Paris collects the personal data relating to Members, which are listed in article 2, in order to provide the best  service possible to Members. The below table gives the Members an overview of how their personal data shall be  processed in the context of their use of the Platform. 

Data collected

Data relating to his/her  registration; Data relating to the  profile of a member  who is a solo proprietorship.

Purposes

Member Account management and administration; making available the connection and intermediation service

Lawful bases

The performance of the contract entered into between Le Marche Paris and the Member, i.e. the Le Marche Paris terms and conditions of use, and the legitimate interests pursued by Le Marche Paris, i.e. providing our service functionalities

Retention period

Period for which the Member remains a registered Member; the data are then archived for the duration of the statutory time limitation.

Data collected

Data relating to his/her registration;Data relating to the profile of a member who is a solo proprietorship.

Purposes

Managing the contractual relationship with the Member (confirmation of the Member’s registration, billing for and on behalf of the Member, etc.)

Lawful bases

The performance of the contract entered into between Le Marche Paris and the Member, i.e. the Le Marche Paris terms and conditions of use, and the legitimate interests pursued by Le Marche Paris, i.e. providing our service functionalities.

Retention period

Period for which the Member remains a registered Member; the data are then archived for the duration of the statutory time limitation.

 

Data collected

Data relating to any orders for products that were placed through our service; Bank account details

Purposes

Tax and accounting obligations.

Lawful bases

Compliance with a legal obligation to store the data.

Retention period

Duration prescribed by law for the retention of tax and accounting documents.

Data collected

Data relating to any orders for products that were placed through our service ; Data relating to his/her registration;
Data relating to the profile of a member who is a solo proprietorship.

Purposes

Handling pre-litigation and litigation matters.

Lawful bases

Le Marche Paris’s legitimate interest to prove a right or a contract.

Retention period

Duration of the related statutory time limitation.

Data collected

Data relating to his/her registration; If the Member is a legal entity, data relating to the contact persons within the Member.

Purposes

Conducting satisfaction surveys to as to improve the level of service supplied to the Member and his experience on our service.

Lawful bases

Legitimate interest pursued by Le Marche Paris so as to improve the level of service supplied to the Member.

Retention period

Period for which the Member remains a registered Member; the data are then archived for the duration of the statutory time limitation.

Data collected

Data relating to his/her registration; If the Member is a legal entity, data relating to the contact persons within the Member.

Purposes

Direct marketing aimed at professionals (sending of newsletters)

Lawful bases

Legitimate interest pursued by Le Marche Paris

Retention period

3 years after the last contact with the Member, or any other duration required by law.

Data collected

Bank account details

Purposes

Preventing and fighting bank fraud

Lawful bases

Legal obligation, legitimate interest

Retention period

Duration of the legal obligation

4. The recipients of the personal data

The personal data collected and processed by Le Marche Paris may be disclosed to the following recipients or categories of recipients: 

  • To individuals authorized by Le Marche Paris to process the personal data of Members, and who have first signed a non-disclosure agreement, including to Le Marche Paris employees;
  • To the other Members: the personal data of a Member, who placed an order with another Member through our service, will be disclosed to that other Member. Each of these Members acts as a separate data controller;
  • To the carriers, who will act under the responsibility of the Member shipping the order;
  •  To the providers of services, to whom Le Marche Paris subcontracts all or part of the processing activities carried out  by Le Marche Paris in relation to the personal data of Members, including:

  • (1) The payment service provider, in relation to secure online payment transactions: company STRIPE;
  • (2) The host of the Platform and data; 
  • (3) The Platform maintenance service provider; 
  • (4) The e-mailing service provider, in relation to the sending of transactional e-mails relating to the orders  placed through our service;  
  • (5) The e-mailing service provider, in relation to the sending of newsletters. 

The subcontractors, which Le Marche Paris shall use, provide sufficient guarantees as required by the applicable data  protection regulations. These subcontractors only have access to the data that are necessary to the performance of their  tasks, and they are not authorized to process the data of Members for any other purposes. These subcontractors are: 

  • STRIPE, a payment service provider which acts as a separate data controller, so that this provider can comply with its legal and regulatory obligations;
  •  Le Marche Paris’s external counsels and advisors: lawyers, accountants, statutory auditors, etc., which are bound by  an obligation of secrecy; 

  • Authorities: the personal data of Members may be disclosed to the competent authorities pursuant to a law and/or a court ruling;
  • Any third party, in the event of a merger by way of acquisition, the assignment of all or part of assets, a direct or indirect change of control, or any other form of restructuring implemented by Le Marche Paris.

The Members shall have the right to object at any time to the disclosure of his/her data to STRIPE.

5. Data retention period

Le Marche Paris shall store the personal data of the Members only for the duration that is strictly necessary for the purposes listed in article 3.
The data of the Members shall then be archived, with restricted access, for an additional duration so that Le Marche Paris can comply with its legal and/or regulatory obligations in relating to the archiving and retention of data. On the expiry of this additional duration, the data of the Members shall be permanently deleted from Le Marche Paris’s databases.

6. The rights of the Members

The Members shall have a right of access, a right to rectification, a right to erasure, and a right to the portability of their  personal data, as well as a right to object to the processing of their personal data, the right to withdraw their consent and a  right to restriction of processing, in the conditions set out by applicable regulations. 
The Members may at any time object to the processing of their data for direct marketing purposes or in accordance with  applicable regulations. 

The Members may send their request to Le Marche Paris: 

  • Following address: SWAPSSS SAS-Le Marche Paris, 15 Boulevard Daviers, 49100 Angers, France;

  • E-mail: privacy@le-marche.jp

If a Member considers that his/her rights were infringed, this Member has the right to lodge a complaint with the French data protection authority i.e. Commission nationale informatique et libertés (CNIL), or with any other competent authority.

7. Changes to this Privacy Policy

Le Marche Paris reserves the right to amend and/or update this Privacy Policy, in which case the Member will be duly informed  of such amendment or updating. The revised Privacy Policy shall be published on our service with an indication of the date  it was last updated on. 

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