PRIVACY POLICY

Updated: 31 May 2021

 

As Data Processor, Mx is committed to protecting your privacy when you use our Digital Media services (e.g. our websites, mobile applications, social media pages or even any online registration form for our events etc.) and when you communicate with us by email.

 

The purpose of this Privacy Policy and Cookies Policy is to inform you about the manner in which Mx, a company registered under French law with registered office at Les Docks, 10 Place de la Joliette, 13002 Marseille,’France (‘Mx’, ‘we/us’, ‘our’ or ‘ours’) collects, stores, uses and processes ‘Personal Data’ relating to you and which is provided via the Website www.mxmarseille.com operated by Mx (hereinafter the ‘Website’).

 

Privacy Policy

1.                  What type of Personal Data do we collect?

2.                  How and why do we use cookies and tracking technology?

3.                  What do we use your Personal Data for?

4.                  What happens if you refuse to provide your Personal Data?

5.                  Who do we divulge your Personal Data to and why? 

6.                  How and why is your Personal Data likely to be transferred outside the European Union and to where? 

7.                  How long do we keep your Personal Data for?

8.                  How do we keep your Personal Data secure?

9.                  What are your rights?

10.               How do we process Personal Data belonging to children? 

11.               How do you contact us or file a complaint with the CNIL (DPO)? 

12.               Changes to our Privacy Policy

 

 

  1. What type of Personal Data do we collect? 

We only collect Personal Data for the purposes set out in Section 3 and each time you use one of the functions or services offered on the Website.

 

The types and volume of Personal Data collected in order to use the functions and services are liable to change as modifications are made to our services and activities.

 

Provided that we meet the applicable legal obligations, we may be required to employ various technologies which collect data and provide information about how you accessed our Website and how you are using it. We may also be required to use demographic data that we can obtain from third parties, such as Google or social media platforms that you have accounts with (hereinafter ‘Usage Data’). Usage Data may include the pages that you have viewed, when you viewed them, information about which beverage or other content you accessed or provided, the language you used to view our Website, including demographic data about you (such as your age, gender and interests, where applicable) and the pages you viewed before viewing this page etc.

 

 

  1. How and why do we use cookies and tracking technology? 

We use tracking technology, such as cookies, IP addresses and browsing history. This monitoring technology helps us adapt our Website to your needs.

 

For more information about the cookies that we use and how you can disable them, please read our Cookies Policy by clicking on the link at the bottom of the Website.

 

 

  1. What do we use your Personal Data for? 

 

We collect Personal Data about you in order to:

  • respond to your requests for services or fulfil a contract: When you register with or subscribe to our Website, your Personal Data is used to provide you with the functions and services that you have subscribed to and offer you the benefits and privileges generally derived from your registration (e.g. book a table or workshop, receive communications that you selected when you registered, get invited to events, participate in competitions etc.);

Manage your order and deliver products to you that you have purchased on our Website. We may also be required to implement technical solutions to detect fraudulent payments and secure payment for your purchases on our Websites.

 

  • Send you operational or administrative communications: (e.g. confirmation email when you register (or unsubscribe) to a service or function), as well as some notifications about services (e.g. privacy update notifications, planned downtime for functionality or programs on our Website, changes to online services or IT support policies or relating to other related changes etc.).

 

  • Enable us to send you marketing material, where you have consented to this:

 

    • In addition to the purposes for which you have provided your Personal Data, you may be asked to provide consent (via a check box, for example) to the use of your Personal Data for an activity or service other than the main activity or service you requested. For example, if you have signed up for a workshop, you may also be invited to sign up for newsletters or alerts sent by the Website hosting the promotional campaign or by other websites. If you consent to receiving our targeted marketing material, emails and text messages, we will use your Personal Data for this purpose.

 

    • When you use the ‘Send to a friend’ function (where present): the Personal Data collected as a result will only be used once in order to send the message, and will be deleted in accordance with applicable local law;

 

    • When you use a QR Code or equivalent application displayed on Mx products: we shall use your Personal Data to send you more information about the products displaying a QR Code or similar application or about other products;

 

  • This is because it is also in the legitimate interests of Mx to provide you with better services:
    • Provided that we have obtained your consent when required, we may combine, update or consolidate the Personal Data that we collect from you via our Website with other data that we receive from third-party and external sources. For example, we may combine purely demographic data or survey data (e.g. age, gender, family information and other interests etc.) which is not linked to any of your Personal Data, with Personal Data collected via our sales operations (when you register for an account, for example).

We may use the aforementioned combined and/or demographic data for marketing purposes and internal demographics and in the interests of continuous improvement, customisation and adaptation of products and services provided by us in order better to meet your requirements. It is possible that some of the tools we use involve an automated decision-making process in compliance with applicable law.

 

 

  • Manage and monitor your requests and comments via our ‘Contact us’ form, particularly in the context of fulfilling a contract.

 

We will ensure that your Personal Data remains accurate and up-to-date or requires completion using additional details that are to be provided by you. We will also strive to avoid duplication in our database by checking any interaction you have with us and/or with our partners and checking that your Personal Data is still accurate or if its needs to be completed or updated using the additional details that you have provided.

 

We may analyse your activity and browsing habits on the Website to better understand your preferences and interests and adapt our communications to your tastes and preferences, unless you oppose this under the conditions stated in Section 9 of the Privacy Policy.

We may also be required to use automated decision-making processes, including to fulfil the contract (e.g. to prevent fraudulent payments).

 

We would like to draw your attention to the fact that the automated tools we use are regularly audited to ensure that your Personal Data is being processed in accordance with the law. Specific measures, such as data minimisation, are implemented when user profiles are created. You may also contest the result of an automated decision by sending an email to the address indicated in Section 11 below and request additional information.

 

 

  1. What happens if you refuse to provide your Personal Data? 

If you refuse to submit the Personal Data requested, you may not be able to participate in certain activities, benefit from certain customised functions, or it is possible that the Website and special services offered to you may be restricted. For example, if you refuse to provide your email address, you will not be able to receive our newsletters or register on the Website. However, you are not obliged to provide your Personal Data to navigate our Website and find out about Mx and our products. In any case, we will always let you know what Personal Data is required in order to be able to use a particular service.

 

  1. Who do we divulge your Personal Data to and why? 

 

  • Subsidiaries of the Pernod Ricard Group

For the purposes mentioned in Section 3, Personal Data belonging to you may be passed on to our various subsidiaries around the world.

 

  • Third parties

We may send your Personal Data to third parties, but only in the following cases: 

  • for marketing purposes, if you have consented to this.

 

  • For support purposes: We may need to use third-party service providers or contractors to provide support and maintenance services for our Website and to help us administer the Website or its various functions, programs and advertising that appears thereon. These third parties are committed to protecting your Personal Data at the same security level as offered by Mx;

 

  • For shared or co-sponsored programs and advertising purposes: When we conduct shared or co-sponsored advertising campaigns on our Website in partnership with other companies, or other third parties whom we trust and, in the context of such a campaign, we collect and process your Personal Data, we may be required to share your Personal Data, upon condition of having obtained your consent where the law requires this. Where your Personal Data may be collected by or passed on to another company other than Mx in the context of such an advertising campaign, we will inform you at the time when your Personal Data is collected;

 

  • For legal and security reasons: We may also be required to divulge your Personal Data if the law obliges us to do so or if we believe, in good faith, that divulging it is reasonable and necessary to comply with legal proceedings, respond to complaints or protect the security or rights of Mx, its customers or the public;

 

  • In the event that all or part of Mx is absorbed into, merged with or taken over by another company or if all or part of the Mx shareholding is sold or transferred, the buyer may have access to data which may include Personal Data, within the limitations of applicable law. Moreover, some of your Personal Data may be transferred in the event of a restructuring, collectivisation procedure or other similar event, if applicable law permits it and if this is in accordance with applicable law.

 

  1. How and why is your Personal Data likely to be transferred outside the European Union and to where? 

Given the international scale of the Pernod Ricard Group and for the purposes mentioned above, it is possible that your Personal Data may be sent abroad and, in particular, to countries which have a different level of data protection than is permitted by law in the country in which you provided your Personal Data. It is also possible that your Personal Data may be sent from a company which is part of the Pernod Ricard Group to another company, and these two companies may be located in different countries. Mx shall take appropriate measures to ensure the security of your Personal Data, while it is being sent and in the location where it arrives, by implementing contractual clauses as prescribed by the European Commission, in accordance with applicable law.

 

Where the service providers we use to operate our Website are based in the United States, any Personal Data transferred to these service providers is done in compliance with applicable law and is based on standard contractual clauses, as prescribed by the European Commission, or by the Privacy Shield. These service providers are also bound by a contract which ensures a high level of data protection and requires them (amongst other stipulations) to act only on the instructions of Mx and to constantly keep all required technical measures up to date in order to maintain the security of your Personal Data.

 

  1. How long do we keep your Personal Data for?

We will keep your Personal Data in our databases for as long as your account is active, for the period stated in the contract that we have concluded with you or, where necessary, in order to provide you with the services that you require, to answer any questions, or even to resolve problems or provide improved services and new services. We may also keep your Personal Data in accordance with our internal retention procedure where this is necessary to maintain our legal and regulatory compliance, to resolve disputes or to fulfil our contractual obligations.

We may also be required to retain your Personal Data after you have ceased using Mx services or our Website, in accordance with our legal obligations.

 

  1. How do we keep your Personal Data secure? 

Mx will take any technical and organisational measures to protect the privacy and security of your Personal Data that we have collected via the Website. These measures consist of, but are not limited to: (i) storing your Personal Data in secure operating environments which are not accessible to the public and which are only accessible to authorised Mx personnel, to our delegates and contractors and (ii) checking the identity of registered users before they are able to access your Personal Data.

 

  1. What are your rights?

 

  • If your Personal Data has been processed with your consent, you have the right to withdraw your consent at any time without such withdrawal affecting the consent you gave before withdrawing it.
  • You can request access to your Personal Data.
  • You can request that your Personal Data be corrected if it is inaccurate, incomplete or not up to date.
  • You can submit a request for your Personal Data be deleted when: (i) your Personal Data is no longer required for the purpose of data processing, (ii) you have withdrawn your consent to data processing based exclusively on such consent, (iii) you are contesting the processing of your data, (iv) the processing of your data is illegal, (v) your Personal Data must be deleted in order to comply with a legal obligation applicable to Mx. Mx will take all reasonable measures to inform the other entities of the Pernod Ricard Group that your data has been deleted.
  • You can request that processing be restricted: (i) in the event that you dispute the accuracy of your Personal Data, in order to allow us to check the accuracy of it, (ii) if you wish to restrict your Personal Data rather than delete it in the event of illegal processing, (iii) if you wish Mx to retain your Personal Data because you will need it to ensure your defence during a court case, (iv) in the event that you may have opposed processing but where Mx may mount an investigation to check whether it has legitimate cause to proceed with the data processing which may prevail over your own rights, if such processing is based on the legitimate interests of Mx.
  • You may request the portability of the Personal Data that you provided to us if the processing of your Personal Data is based on your consent or on the fulfilment of a contract and this processing is automated (which excludes paper records).
  • You will always have the choice not to send us your Personal Data. In this case, it is possible that the activities and functions that we are able to provide to you will be restricted.
  • You have the right to oppose the processing of your Personal Data at any time, for the purposes of direct marketing, profiled marketing or where the data processing is in the legitimate interests of Mx (except where we can prove the existence of a legal obligation).
  • You also have the right to provide general and specific guidelines with regard to what happens to your Personal Data upon your death.

 

  1. How do we process Personal Data belonging to children? 

Our Website is not designed for children who are under the legal age for alcohol consumption (‘Minors’), and case we do not consciously collect any Personal Data from Minors. You must be at least eighteen years of age to create an account, use our Website and conduct transactions on our Website. If we are informed or learn that a Minor has submitted Personal Data to us via our Website, we will delete this data.

 

  1. How to exercise your rights, contact us or file a complaint with the CNIL (DPO) 

For any questions, complaints, comments or to exercise your rights, please contact us in writing at:

contact@mxmarseille.com

 or groupdpo@pernod-ricard.com.

We are committed to responding within a maximum of one month from receipt of your request. This period may be extended by two months due to the complexity or number of requests.

Please note that you can also lodge a complaint with the Supervisory Authority in the country in which you are located if you have any doubts about the conditions in which Mx is processing your Personal Data.

In France, you can contact CNIL (Commission Nationale de l’Informatique et des Libertés — French National Commission on Informatics and Liberty), whose website can be found here: https://www.cnil.fr/.

 

 

  1. Changes to our Privacy Policy

We review our Privacy Policy regularly and any updates will be posted to this webpage.