Date last modified: 24 August 2021
The purpose of this Nutergia Privacy Policy is to inform you of how your personal data may be processed in the context of your visit to or use of our Website (hereinafter referred to as “the Website”) available via the link www.nutergia.com (this also includes the part reserved for professional subscribers which is available via the URL pro.nutergia.com.) as well as the way in which you may exercise your rights in relation to such data.
“Personal data”: This term refers to all information by which you can be identified as a physical person (hereinafter “data subject”) or by which you are potentially identifiable if this data is cross-referenced with other accessible data. This may include, for example, your surname, first name, your registered ID number, your location data, an online identifier, or one or more factors that may be characteristic of your physical, physiological, genetic, mental, economic, cultural or social identity;
“Processing”: This refers to any operation or set of operations undertaken by the Data Controller (NUTERGIA) or by its Sub-Contractors on your personal data when such data is stored on an electronic or physical medium.
Processing may involve collecting and/or deleting your data, transferring it or accessing it;
The term “Data Controller” means: the physical or legal person, public authority, department or other body which, alone or jointly with others, determines the purposes and means of data processing;
The term “Sub-Contractor” means: the physical or legal person, public authority, department or other body which processes personal data on behalf of and under the instructions of the controller.
The purpose of this Privacy Policy is to inform you as the “data subject” (for example, as a visitor or user of the Site, but also as a customer or prospective customer) about how NUTERGIA may process your personal data and how you can exercise your rights.
By visiting the Site or by transacting with NUTERGIA, you understand and accept without reservation that this Privacy Policy is applicable to you in its entirety in all your contacts or relations with NUTERGIA and that it does not replace the Privacy Policies relating to NUTERGIA’s commercial partners (in the event that the latter are required to process your personal data).
You acknowledge and understand that NUTERGIA may update and amend this Privacy & Cookie Policy at any time without notice and that the applicable version is the one in effect at the time the request is made. (We always indicate the last modification date on the first page. The previous versions are available on request).
NUTERGIA undertakes to comply with Regulation (EU) 2016 /679 of the European Parliament and of the Council of 27 April 2016 relating to the protection of individuals with regard to the Processing personal data (hereinafter the “GDPR”) as well as all applicable international and national provisions such as French law no. 2018-493 of 20 June 2018 relating to personal data protection.
The Data Controller of your personal data (within the context of the GDPR) in relation to the processing described below in this Policy is Laboratoire NUTERGIA, a SAS (simplified joint stock company) with capital of €253,400, whose registered office is located at rue Claude BERNARD, 12700 Capdenac, listed in the Rodez Trade and Companies Register under number 006 380 042. (Hereinafter “NUTERGIA”).
The DPO (data protection officer for Nutergia may be contacted via the following email address: dpo@nutergia.fr
By visiting the Website or contacting NUTERGIA, whether you are acting as an individual in your own name or on behalf of another individual or entity, you understand and accept that when you visit the Website or contact NUTERGIA, you are entirely responsible for the accuracy of the personal data relating to you or to third parties that you provide to the Data Controller.
If you disclose data relating to third parties, you assure NUTERGIA that you have first obtained all necessary consents from the third parties concerned for the disclosure of such data.
NUTERGIA shall not be held liable for any direct or indirect damage suffered by you or any third party as a result of any unauthorised or inaccurate disclosure of data relating to you or any third party or for any unauthorised access to your professional account. In this case, the person who discloses the data or allows a third party to access his or her professional account is responsible for any damage caused and shall hold NUTERGIA blameless from any proceedings or claims in this regard.
Using functional cookies:
Data collected: When you visit our Website, without logging in (using functional cookies only). NUTERGIA may have access to your IP address, search terms and any errors encountered.
Purpose & Legal basis of processing: The legal basis for the maintenance and improvement of the Site is NUTERGIA’s legitimate interest in continuously improving its services. (Article 6,1, f of the GDPR).
Using analytical cookies:
Data collected: Users’ IP addresses may be collected by NUTERGIA in order to produce semi-anonymous statistics.
Purpose & Legal basis of processing: NUTERGIA uses certain Google analytics cookies to gather anonymous information about the use of its services. NUTERGIA has access to this data in the form of semi-anonymous statistics.
NUTERGIA always seeks the consent of data subjects before implementing analytical cookies via its cookie banner (Article 6,1, a of the GDPR). Using analytical cookies is also justified by NUTERGIA’s legitimate interest in optimising the Site’s performance and fulfilling its social purpose.
For more information on how Google processes your data, we recommend that you consult Google’s privacy & cookies policy: https://marketingplatform.google.com/about/analytics/terms/fr
When making contact:
Data collected: Last name, first name, e-mail address, e-mail content.
Purpose & Legal basis of processing: This data is processed to enable NUTERGIA to respond to enquiries made by e-mail to the contact address provided for the country concerned.
The data collected fulfils the legitimate interest of the Data Controller in responding to the requests of its customers or prospects and is also justified, where applicable, on the basis of the performance of pre-contractual measures initiated by the data subject concerned. (Article 6,1, b of the GDPR).
When creating and using a professional user account (pro.nutergia.com):
Data collected:
Individuals: Contact details, surname, first name, postal invoice address, postal delivery address, e-mail address, business telephone number, password, speciality, city, country, preferences in terms of account settings and access, communications, etc.
Professionals: Contact details, surname, first name, postal address, e-mail address and business telephone number, password, speciality, city, country, preferences in terms of account settings and access, communications, etc.
Purpose & Legal basis of processing: This data is required in order to be able to offer a visitor access to and use of the services of the platform reserved for professionals (accessible via the URL pro.nutergia.com). This data is processed on a contractual basis or to prepare a contract relating to this service. (Article 6,1, b of the GDPR).
When placing an order on the e-commerce part of the Website:
Data collected: Contact details, surname, first name, title, e-mail address, password, type of product(s) ordered and invoicing details, delivery and invoicing address, payment method, etc.)
Purpose & Legal basis of processing: This data is required in order to place an order on the e-commerce part of the Website.
Processing is carried out on a contractual basis in order to enable visitors to the Website to place online orders on the Website. (Article 6,1, b of the GDPR). This data may then be processed to meet the Data Controller’s legal obligations (for tax and accounting purposes). (Article 6,1, c of the GDPR)
When placing an order, certain invoicing data such as the amount, the payment method and the issuing account are transmitted directly by you to the payment service provider for the sole purpose of being able to process the order. This data is processed in accordance with the payment service provider’s own Privacy Policy.
Supplier data management;
Data collected: Surname, first name, e-mail address and telephone number of the contact person.
Purpose & Legal basis of processing: Processing this data is necessary for the purposes of fulfilling contractual or pre-contractual obligations entered into by the Data Controller with its suppliers for the purpose of executing or preparing contracts. (Article 6,1, b of the GDPR). Further processing of this data is also justified on the basis of legal obligations to which NUTERGIA is subject (in particular for accounting or tax purposes). (Article 6,1, c of the GDPR).
Sending our newsletter:
Data collected: Contact details, surname, first name, title, e-mail address, country.
Purpose & Legal basis of processing: Data subjects agree to receive marketing and personalised advertising information from the Data Controller on the basis of their explicit, specific and freely given consent. (Article 6,1, a of the GDPR).
Using functional cookies:
These cookies are always deleted at the end of the session.
Using analytical cookies:
NUTERGIA does not retain personal data through this type of cookie, but only semi-anonymous statistics. Users/visitors’ IP addresses are retained for the periods indicated in Google's privacy & cookies policy, which is available via the following link: https://marketingplatform.google.com/about/analytics/terms/fr.
When making contact:
6 months after the last contact if no order is in progress.
When creating and using a professional user account (pro.nutergia.com):
During your usage period and for 36 months thereafter
When placing an order on the e-commerce part of the Website:
To fulfil your order and then for a period of 36 months to ensure compliance with our tax and accounting obligations.
For supplier data management;
For the duration of the contract and then for a period of 1 year to ensure compliance with our tax and accounting obligations.
Sending a newsletter:
Until the person concerned withdraws their consent.
NUTERGIA may grant access to the personal data it processes to its collaborators or employees who are contractually bound by an obligation of confidentiality and to process your data in accordance with its instructions.
Under certain circumstances, NUTERGIA may also use sub-contractors (within the meaning of the GDPR) to process your personal data. NUTERGIA will always ensure that its sub-contractors are bound by an obligation of confidentiality and process your data in accordance with its instructions and by guaranteeing adequate organisational and technical security measures.
If your data is either stored or processed by a Sub-contractor established in a country that is not a Member State of the European Union, such processing will only take place if a so-called “adequacy decision” of the European Commission applies to the country concerned and if sufficient contractual and technical guarantees are provided by the said Sub-contractor with regard to processing security.
Furthermore, pursuant to Article 49, 1, b),of the GDPR, in the absence of an adequacy decision or binding corporate rules, or Standard Contractual Clauses, a transfer or a set of transfers of personal data to a Sub-Contractor in a third country or by an international organisation may only take place on the basis of the execution of a contract between the data subject and NUTERGIA or the implementation of pre-contractual measures taken at the request of the data subject and if NUTERGIA has the assurance that the country or international organisation is not subject to laws or rules that endanger the integrity of the personal data processed by the Sub-Contractor.
In the event of reorganisation or total or partial transfer of activities, or in the event of bankruptcy, NUTERGIA may transfer the personal data it processes to new entities or new third parties carrying out all or part of the professional activities on behalf of the data controller.
Where appropriate, NUTERGIA will make reasonable attempts to inform data subjects prior to the transfer of their data to a third party, but data subjects understand that this may not be technically or commercially feasible in all situations.
In exceptional cases, NUTERGIA may also be obliged to disclose personal data by virtue of a court order or to comply with mandatory regulations or legislation. Where appropriate, NUTERGIA will make reasonable endeavours to inform the persons concerned in advance, subject to the restrictions laid down by law.
NUTERGIA does not under any circumstances sell or rent the personal data it processes or make it commercially available to third parties, except as provided above or, where applicable, on the basis of your prior consent.
NUTERGIA has developed appropriate technical and organisational security measures to prevent the destruction, loss, falsification, modification, unauthorised access or accidental notification to third parties of your personal data (as well as any other unauthorised processing).
The individuals concerned understand and accept that NUTERGIA has an obligation of means (to guarantee the security of processing) and that NUTERGIA cannot be held responsible in the event of force majeure or in the event of events that would require it to take disproportionate measures from a technical and financial point of view. In the event of a breach, NUTERGIA undertakes to notify the competent Data Protection Authority within a reasonable period of time.
With regard to their use of the Site, the individuals concerned agree to follow at all times any security measures provided by NUTERGIA and to take all necessary measures to prevent data being divulged. Data subjects also agree, insofar as possible, to prevent any unauthorised access to their computer, personal session or mailbox or more generally to their personal mobile devices such as mobile phones, smartphones, tablets or any unauthorised access on the basis of their IP address and identification data.
Access, rectification and deletion of your data:
Data subjects have the right to request access to their data, to rectify incorrect or incomplete data or, subject to a legitimate reason, to have their data deleted (processed by NUTERGIA).
Such deletion of data is not possible if the data processing is necessary for the justification of or defence in a judicial proceeding.
Data subjects acknowledge that in the event of a request for deletion of their personal data, certain products and services may no longer be supplied to them by NUTERGIA.
Processing restrictions:
Data subjects have the right to request that processing be restricted, in particular if they dispute the accuracy of the data or if the processing is unlawful but they object to the data being erased.
Data subjects acknowledge that if the processing of their personal data is restricted, (where applicable) certain products and services may no longer be available to them from NUTERGIA.
Data portability:
Data subjects have the right to obtain their personal data (or to ask NUTERGIA to transfer them to another data controller) in a structured, customary and computer-readable form.
Such receipt or transmission is not possible if the data processing is necessary for the enforcement or defence of judicial proceedings.
Automated decisions and profiling:
Data subjects have the right not to be subject to individual decisions based on automated processing if this would have significant legal or personal consequences for them. Data subjects may also object to being profiled.
Caution! : Third-party platforms such as Facebook may create profiles on the basis of data collected via cookies implemented on the Platform, for example via sharing links. In this case it is up to the individuals concerned to contact the relevant platforms on the basis of their own privacy & cookies policies.
NUTERGIA does not make automated decisions that have significant legal or individual consequences for data subjects and does not engage in profiling. Nevertheless, data subjects who consider themselves in such a situation may contact NUTERGIA to request the restriction or cessation of such processing.
Right to object and withdrawal of consent:
Data subjects may object to their personal data being processed on serious and legitimate grounds.
Data subjects acknowledge that if the processing of their personal data is restricted, (where applicable) certain products and services may no longer be available to them from NUTERGIA.
Data subjects shall always have the right to object to the use of their personal data for direct marketing purposes. In such cases, data subjects do not need to state their reasons.
Insofar as processing is based on their prior consent, data subjects have the right to withdraw this consent by contacting NUTERGIA or by clicking on the opt-out link provided for this purpose.
Exercising your rights:
Individuals affected by the Site may exercise their rights by contacting NUTERGIA either by sending a request using the contact form on the Site, attaching a copy of your identity card (for identification purposes only, this copy will be destroyed immediately afterwards) or by post, enclosing a copy of your identity card, to the following address: dpo@nutergia.fr
NUTERGIA
For the attention of the Data Protection Officer
NUTERGIA – Groupe Nutergia – BP52 – 12700 Capdenac.
NUTERGIA will inform you in writing of its response within 30 days of receiving your request, and may request an extension of up to two months following the expiry of the initial 30-day period, depending on the circumstances. (Article 12,3 of the GDPR)
If you feel that your rights have been violated and that NUTERGIA has not offered you a satisfactory response, you can always lodge a complaint with the competent Data Protection Authority (in France, the CNIL).
How?
On the CNIL website (www.cnil.fr ):
in some specific cases, via the online complaints hotline;
in other cases not covered by the online service, by using the “Request help” service.
By post, writing to: CNIL – 3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07
Under Article 77 et seq. of the GDPR, data subjects living in another EU Member State may also lodge a complaint with their own data protection authority.
A complaint to the data protection authority is without prejudice to the institution (if any) of proceedings before a civil court (in the event of damages suffered as a result of a breach of the data subject’s rights).