PRIVACY POLICY

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This document has been translated into English for your convenience but please note that only the French version can apply for the use of our website.

CDandLP has the greatest concern for the protection of your personal data and strives to set up an understandable, transparent privacy policy, in accordance with European Regulation 2016/679 known as the General Data Protection Regulation (GDPR) and the national legislation (Data Protection Act of January 6, 1978 amended on June 22, 2018).

This Privacy Policy will be effective from 06/12/2022.

We may change this Privacy Policy at any time if we change the way we process your Information. We will then inform you within a reasonable time before the implementation of a new version of the Privacy Policy, either by sending an email or by sending a notification via the Marketplace.

A. BASIC INFORMATION

1. Definitions

When we use capitalized terms in this Policy, we refer to the following definitions:

«Buyer» refers to any person who opened a user account on the Marketplace in order to buy products for sale by Sellers.

«Information» refers to your personal data whether this Information directly or indirectly identifies you.

«CDandLP», «we», «us», «our» refer to our company like identified in the section «About us».

«Marketplace» refers to our so-called « CDandLP » online marketplace, on which Buyers can buy products related to music and for sale by Sellers.

"Member Account" refers to the personalized account created by a Member at the time of the registration.

«Policy» refers to the current privacy policy.

«Prospect» refers to all person interested in our Services but still not registered on the Marketplace.

«Services» refers to the services of the online Marketplace and intermediation services that we offer. Services supplied to Sellers are detailed in the General Terms of Membership of the Marketplace. Services supplied to Buyers are detailed in the General Terms of Use of the Marketplace.

«Site» refers to the internet website www.cdandlp.com on which the Marketplace is available.

«Seller » refers to any person who registered on the Marketplace with a view to sell their Products.

2. About us

Our company CD and LP Music Web Service is a French SARL, registered at the Saint Etienne (France) Trade and Company Registry under number 441 060 662, with headquarters in Saint-Etienne (42000), 46 rue de la Télématique.

In this context, we will use the term « CDandLP » to refer to us.


3. How to contact us

For all your questions related to the protection of your personal data, you may contact us:

• Via email : rgpd@cdandlp.com

• Via mail : CD and LP Music Web Service, 46 rue de la télématique - 42000 Saint-Etienne, FRANCE.

Please note that we will only respond to questions or requests for your rights related to our Policy. For more information, please go to the section « When does this Privacy Policy not apply? » here below.


4. When does this Privacy Policy not apply ?

This Policy doesn’t apply to Buyers personal data processing by Sellers in the frame of the use of the intermediation service supplied by CDandLP.

These processes particularly concern the following purposes:
- Management of the business relationship with Buyers (sales contract, order management, invoicing, aftersales service, claim management);
- Compliance with accounting, tax and legal obligations applicable to the commercial relationship with Buyers (Preservation of evidence).

In this framework, Sellers are responsible for data process in terms of GDPR and must inform you about the way your Information will be processed by them.

5. When does this Policy apply to you?

This Policy applies to Information that we collect when you use our Services:
- when you sell Products on our Marketplace, we collect Information about you, like explained in the section « B. Policy for Sellers »
- when you buy Products on our Marketplace, we collect Information, like explained in the section « C. Policy for Buyers »;

This Policy applies to Information collected via the cookies that we place on our Site, like explained in the section « C. Cookies Policy ». This « Cookies Policy » applies as soon as you browse our Marketplace, whether you use our Services or not.

B. POLICY FOR SELLERS

This part applies to Information that we gather about you when you are registered as a Seller on our Marketplace.

1. What Personal Information about Sellers do we gather ?

We are required to use different types of Information, which you can provide yourself, on an optional or mandatory basis, or which we can collect automatically.

Types of collected Information	Collected Information
Identity	Civility, surname or company name, first names, address (including head office, place of invoicing), telephone number, fax number, email addresses, internal processing code allowing the identification of the customer, accounting identification code, SIREN number, VAT number.
Professional status	Profession, economic category, activity.
Seller’s file	Information provided when creating the Seller's account, supporting documents requested during registration (including a copy of the identity document of the legal representative of the company holding the payment account).
Subscribed membership contract	Membership subscription date, duration of commitment, payment, terms and conditions of payment.
Bank data	IBAN, PayPal account.
Business relationships management	Services, subscribed offer, quantity, frequency, date and amount of the subscribed offer and of the invoice, due date of the invoice, history of subscriptions and service orders.The orders, invoices, correspondence with the Seller and after-sales service, exchanges and comments from Sellers or the person(s) in charge of customer relations
Technical Support	Requests to technical support, processing of requests, exchanges with technical teams.
For solicitations	Data necessary for carrying out loyalty, prospecting, study, survey, product testing and promotional actions, for the organization and processing of games and contests, lotteries and any promotional operation.
Seller’s account	Username, password (encrypted).
Metadata	Data generated when accessing and using the Marketplace, actions performed online, validations performed online, date and time of actions.
Connection data	Connection logs, IP address, type of web browser used, date and time, referral pages.

2. Why do we use Sellers Information and for how long?

We are led to use your Information for various reasons:
- We may need it to supply you with our Services (Performance of a contract),
- We may need it to comply to a legal obligation (Legal compliance);
- We may have a legitimate interest in processing your Information (Legitimate Interest)
- We use it because we have your consent (Consent).

We store your Information for the durations identified down below. Beyond, we may be required to archive some commercial Information for a longer time, outside our active database, in particular for probative purposes during the applicable limitation period (5 years in civil and commercial matters) as well as for accounting purposes (10 years from their date).

Purpose	Legal Basis	Retention period
Seller’s selection, Management of Seller registration requests	Legitimate interest of CDandLP to ensure that Sellers meet the conditions to sell on the Marketplace	1 year from the decision to refuse the Seller or the time of the contractual relationship when the Seller is accepted
Newsletter registration and management	Consent	As long as the member hasn’t withdrawn their consent
Management of the contractual relationship (General Conditions of Membership + General Conditions of Use)	Contract	Throughout the duration of the contractual relationship
Accounting and administrative management of Sellers	Legal obligation	The duration of the obligation to keep accounting documents, i.e. 10 years
Provision of the Seller-Buyer intermediation service (marketplace)	Contract	Throughout the duration of the contractual relationship
Sending of transactional emails to Sellers related to the operation of the Marketplace	Legitimate interest of CDandLP to notify Sellers of various events concerning them (order received / order accepted, delivery in progress, request for refund, etc.)	Throughout the duration of the contractual relationship
Seller’s account management	Contract	Throughout the duration of the contractual relationship
Management of the products presented on the Marketplace	Contract	Throughout the duration of the contractual relationship
Provision of a technical assistance	Legitimate interest of CDandLP to assist Sellers in case of technical difficulties	Throughout the duration of the contractual relationship
Statistics on Seller's commercial activity on the Marketplace	Legitimate interest of CDandLP to establish economic statistics by Seller and by products sold	3 past years
Satisfaction surveys	Legitimate interest of CDandLP to carry out satisfaction surveys aimed at collecting Sellers' impressions	For 5 years
Management of partnership campaigns with Sellers	Legitimate interest of CDandLP to create commercial actions, occasional or continuous, with specific Sellers to boost the Marketplace	Throughout the duration of the contractual relationship
Management of online ratings and reviews submitted by Buyers	Legitimate interest of CDandLP to set up a review system allowing Buyers to evaluate the Products purchased or the Sellers	10 years
Payment of commissions and fees due by the Seller	Contract	Throughout the duration of the contractual relationship
Past-due account management	Legitimate interest of CDandLP to be paid by its debtors	3 years from the occurrence of the unpaid when the unpaid is in progress and 48 hours from the moment when the unpaid is settled
Verification of the quality of the services provided by the Sellers	Legitimate interest of CDandLP to verify that the Sellers provide quality services in accordance with their contractual commitments	Throughout the duration of the contractual relationship
Processing of motives for suspension / restriction / termination of the Services	Contract	Throughout the duration of the contractual relationship
List of Sellers excluded from the Marketplace	Legitimate interest of CDandLP to ensure that excluded sellers cannot re-register on the Marketplace before a certain time	3 years from the exclusion decision
Processing of Buyers claims	Legitimate interest of CDandLP to satisfy discontented Buyers and to attempt finding an amiable solution for the settlement of the claim between a Buyer and a Seller	Duration of the claim processing + Storage along the limitation period
Pre-litigation and litigation management	Legitimate interest of CDandLP to be able to establish proof of a right / a contract or compliance with its obligations	Throughout the duration of the contractual relationship + Storage along the limitation period
Processing of requests to exercise GDPR rights	Legitimate interest of CDandLP to respond to legitimate requests from persons related to the process of personal data	5 years from the process of the request
Management of an opposition list (un-subscription to the newsletter, non-acceptance of commercial prospection etc.)	Legitimate interest of CDandLP to store proof and knowledge that a person has objected to such personal data continuing to be processed	3 years from the response to the request to exercise human rights
Fraud prevention management	Legitimate interest of CDandLP to detect potential fraud that Buyers or Sellers could commit on the Marketplace	6 months
Retention of login data	Legal obligation	12 months

CDandLP considers that beyond a reasonable period of 3 (three) years without connection, the Seller's account will be permanently deleted along with all related data. The residual sums relating to this account will also be settled. Two prior notifications will be sent the month prior to the deletion. No action can be taken by the Seller after the deletion of this account.

3. What does our Payment Service Provider process?

CDandLP will also be required to provide some of your Information to the Marketplace payment service providers: Crédit Mutuel via its subsidiary Monetico Payment, and Paypal.

Please read more about their Privacy Policy here :
Paypal' privacy policy
Crédit Mutuel's privacy policy
Monetico Service by Crédit Mutuel privacy policy

 

C. POLICY FOR MEMBERS AND BUYERS

This part applies to Information that we gather about you when you are registered as a Buyer on our Marketplace.

1. What personal Information about Buyers do we gather?

We are required to use different types of Information, which you can provide yourself, on an optional or mandatory basis, or which We can collect automatically.

Types of collected Information	Information collected
Identity	Natural persons: Surname, first name, title, address (place of invoicing, place of delivery) telephone number, email, internal customer code.
Bank data:	IBAN, bank card number, expiry date of the bank card, visual cryptogram.
For solicitations	Data necessary for carrying out loyalty, prospecting, study, survey, product testing and promotional actions, for the organization and processing of games and contests, lotteries and any promotional operation.
User account	Login, password (encrypted).
Metadata	Data generated when accessing and using the Marketplace, actions performed online, validation performed online, date and time of actions.
Login data	Connection logs, IP address, type of web browser used, date and time, referral pages.

2. Why do we use Buyers Information and for how long?

We are led to use your Information for various reasons:
- We may need it to supply you with our Services (Performance of a contract),
- We may need it to comply to a legal obligation (Legal compliance);
- We may have a legitimate interest in processing your Information (Legitimate Interest)
- We use it because we have your consent (Consent).

We store your Information for the durations identified down below. Beyond, we may be required to archive some commercial Information for a longer time, outside our active database, in particular for probative purposes during the applicable limitation period (5 years in civil and commercial matters) as well as for accounting purposes (10 years from their date).

Purpose	Legal Basis	Retention period
Newsletter registration and management	Consent	As long as the member hasn’t withdrawn their consent
Management of the contractual relationship (General Conditions of Use)	Contract	Throughout the duration of the contractual relationship
Provision of the intermediary services between Buyers and Sellers (marketplace)	Contract	Throughout the duration of the contractual relationship
Sending of transactional emails to Buyers related to the running of the Marketplace	Legitimate interest of CDandLP to notify Buyers of various events concerning them (order received / order accepted, delivery in progress, request for reimbursement, etc.)	Throughout the duration of the contractual relationship
Buyer’s account management	Contract	Throughout the duration of the contractual relationship
Management of online payment made through the Marketplace	Contract	Until receipt of the products, increased by the period provided for contesting the correct receipt of the products in order to manage the refund
Retention of the bank card to facilitate subsequent purchases	Consent	Until consent is withdrawn
Retention of credit card information following a one-time payment	Legitimate interest	Up to 13 months for instant debit payment cards and up to 15 months for deferred debit payment cards, in accordance with article L.133-24 of the monetary and financial code
Provision of a technical assistance	Legitimate interest of CDandLP to assist Buyers in case of technical difficulties	Throughout the duration of the contractual relationship
Statistics on Buyer’s commercial activity on the Marketplace	Legitimate interest of CDandLP to establish economic statistics by Buyer and by products sold	3 past years
Satisfaction surveys	Legitimate interest of CDandLP to carry out satisfaction surveys aimed at collecting Sellers' impressions	For 5 years
Management of online ratings and reviews submitted by Buyers	Legitimate interest of CDandLP to set up a review system allowing Buyers to evaluate the Products purchased or the Sellers	10 years
Processing of Buyers claims	Legitimate interest of CDandLP to satisfy discontented Buyers and to attempt finding an amiable solution for the settlement of the claim between a Buyer and a Seller.	Duration of the claim processing + Storage along the limitation period
List of Buyers excluded from the Marketplace	Legitimate interest of CDandLP to ensure that excluded Buyers cannot re-register on the Marketplace before a certain time	3 years from the exclusion decision
Pre-litigation and litigation management	Legitimate interest of CDandLP to be able to establish proof of a right / a contract or compliance with its obligations	Throughout the duration of the contractual relationship + Storage along the limitation period
Processing of requests to exercise GDPR rights	Legitimate interest of CDandLP to respond to legitimate requests from persons related to the process of personal data	5 years from the process of the request
Management of an opposition list (un-subscription to the newsletter, non-acceptance of commercial prospection etc.)	Legitimate interest of CDandLP to store proof and knowledge that a person has objected to such personal data continuing to be processed	3 years from the response to the request to exercise human rights
Fraud prevention management	Legitimate interest of CDandLP to detect potential fraud that Buyers or Sellers could commit on the Marketplace	6 months
Retention of login data	Legal obligation	12 months

CDandLP considers that beyond a reasonable period of 3 (three) years without connection, the Member's or Buyer's account will be permanently deleted along with all related data. The residual sums relating to this account will also be settled. Two prior notifications will be sent the month prior to the deletion. No action can be taken by the Member's or Buyer's after the deletion of this account.

D. COOKIES POLICY

This part applies to Information that we collect about you:
- via cookies that we leave on the Site,
- when you browse our Site, as a Seller, Buyer or simple visitor.

1. About cookies

On our Site, we use cookies and trackers for different reasons.

A « cookie » is a file limited in size and generally made of letters and figures, sent by the internet server to the browser’s cookie file located on your computer’s hard disk.

We handle different types of cookies:

Cookies types	Description
Technical Cookies	We need to drop off these cookies for the good running of our Marketplace. For instance, these technical cookies allow us to know that you are connected, to offer you the language of your choice, to better manage the load on our servers, and so on.
Audience measurement cookies	We drop off these cookies to understand better the way you browse our Site, use our Services, and also to know your favorite features and so on.

CDandLP never uses any publicity cookie and never sells any of your personal data to third parties.

2. Data collected via cookies

Data that can be collected by cookies is:

Usernames	Unique username, IP address
Technical Specifications	Web browser, hardware type (tablet, PC, smartphone), operating system, screen resolution
Browsing	Visited pages, referring pages, variables in URLs, browsing time, country/city of referral

3. Cookies used

This is down below the list of the cookies that we use:


4. How can I oppose to the use of cookies?

You can oppose to the use and drop off the non-technical cookies by setting up our cookies management feature which is displayed before the browsing on our Site.

E. INFORMATION APPLICABLE TO ALL OUR POLICIES

1. Who can my Information be shared with?

Our teams:
Your information can be shared with our different teams depending on the motives of our processing. For instance, our Sales/Marketing team may have access to your Information to send you emails, our Support/Technical team and our host may have access to your Information to help you use the Marketplace and ensure the proper functioning of our Services.

Our payment service provider: Credit Mutual via its electronic payment terminal named Monetico is required to process Information to enable Buyers to pay on line and transfer the due amount to Sellers.

Administrative or judicial authorities:
Within the framework of the laws in force, when CDandLP receives a requisition from a regulatory or judicial authority ordering it to share some Information.

2. Where is my data stored?

We stored and host your Information in France.

3. What are my rights?

You can update your account Information whenever you want by modifying your profile settings.

You have several rights on the Information that we gather:

Rights	Description
Right to access	You can require to access all the Information that we have about you
Right to correction	You can ask us to correct your Information. Most of the time, you can correct your own Information by connecting to the Marketplace.
Right to Opposition:	You can require that we stopped using your Information when we do use it for a legitimate purpose. You can also require to stop receiving prospection and marketing direct emails.
Right to withdraw one’s consent	When you have given your consent for us to use your Information for a precise purpose, you can decide to withdraw it at any time and we will stop using your Information involved in the process.
Right to deletion	You can require that we delete your Information or that we stop using it.
Right to limitation	You can require to lock the use of your Information, that is to say store the data temporarily but stop using it.
Right to portability	You can export your Information in a reusable format or when it is possible require that we transfer it to another company that can reuse them.
Right to claim	You can lodge a complaint with the authority responsible for personal data protection if you believe that your rights have not been respected (in France, the CNIL www.cnil.fr

4. How to exercise my rights ?

In order to exercise your rights, contact us via email to the following address : rgpd@cdandlp.com

We will do our best to answer you within one month. Sometimes we cannot accept a request because the right doesn’t apply: we will explain it to you. Should a doubt arise, We might be required to ask you to prove your identity.

Please note that we will only reply to requests to exercise rights that relate to this Policy.