The purpose of this policy is to provide a framework for the compliance of the processing of personal data and the respect of the rights of the persons concerned for the implementation of the website www.formidableplantbreeders.fr, hereinafter “the Site”, by the company Hortival Diffusion.
The reference texts for this policy are the are the General Data Protection Regulation (EU) 2016/679, known as the “RGPD” and the French Law no. 78-17 of January 6, 1978 relating to information technology, files and freedom, amended known as the “Loi Informatique et Libertés modifiée”.
The concepts used in this policy are defined in the RGPD, in particular the concepts of processing, personal data or personal data, data subjects and data controller.
Hortival Diffusion is committed to respecting the privacy and protecting the personal data of its users. Hortival Diffusion is committed to defining and applying appropriate measures to guarantee the security of personal data processing. In this text, Hortival Diffusion provides information relating to the processing and protection of personal data.
HORTIVAL Diffusion SAS, a simplified joint stock company with capital of 10,100,000 euros, headquartered at : Les Fontaines de l’Aunay, Beaufort en Vallée, 49250 Beaufort en Anjou, registered with the R.C.S of Angers under number 071 202 071 is the Data Controller for personal data in accordance with the General Data Protection Regulation (RGPD).
Contact details for the data protection department: dataprotection@formidableplantbreeders.fr
The persons concerned by the processing that we carry out are the users of the Site (hereinafter the “Users”)
Hortival Diffusion collects personal data directly from Users and Customers:
– when Users and/or Customers contact Hortival Diffusion to request information or a license
– when Users and/or Customers browse the Site
– when Users upload photos
It is possible to consult the Site without disclosing any personal information. However, certain services used by Users and/or Customers require the collection and storage of a certain number of automatically recognized elements: date and time, IP address, domain name, browser software and operating system used (if the browser provides this information), address of the page visited (if the browser provides it), object requested and execution status of the request.
Consultation of the Site, completion of forms and receipt of communications and canvassing are, of course, optional. The data to be provided in the forms marked with an * are compulsory to enable Hortival Diffusion to contact Users and/or Customers and to address their needs and requests in the best possible way.
This data is collected by means of cookies, intended to improve Hortival Diffusion’s services and for statistical purposes. The Data Controller never associates the information entered on the form with the cookies deposited on the User’s and/or Customer’s terminal. Cookies are valid for a maximum of 13 months.
For further information on the collection of cookies, please consult the site’s Cookie Policy.
The Data Controller collects and processes personal data in a fair and lawful manner. It does not keep personal data longer than is necessary to achieve the purpose of the processing, as indicated below, while complying with applicable legal and regulatory limits.
The Data Controller ensures that data is kept up to date throughout processing, so that it is not obsolete.
Hortival Diffusion implements various processing operations relating to the personal data of Users and/or Customers, the purposes of which are detailed below and the legal bases of which are as follows: the consent of Users and/or Customers, the performance of a contract concluded between Hortival Diffusion and Users and/or Customers, the legitimate interest of Hortival Diffusion, or the legal and regulatory obligations of Hortival Diffusion.
In accordance with the RGPD and the amended Loi Informatique et Libertés, personal data that is collected by Hortival Diffusion will be used for the fulfillment of the purposes for which it was collected and for the duration detailed in the tables below, it being specified that a Site User or Customer is considered “active” as soon as he contacts Hortival Diffusion to request a quote or to place an order.
At the end of the retention periods described below, personal data will be deleted or, in the case of data that Hortival Diffusion is legally obliged to retain, or that is necessary to safeguard Hortival Diffusion’s rights, placed in an archive and retained for an additional period corresponding to the period detailed in the tables below. At the end of this period, personal data will be deleted.
The legal bases and retention periods associated with each personal data processing purpose are described below:
| What data is collected ? | Why does Hortival Diffusion collect data ? | Legal basis | Duration of retention |
| Image download form : E-mail address | The purpose is to respond to requests made via the forms or by using the means of contact available on the Site. | Execution of pre-contractual measures taken at the request of Users and/or Customers and/or execution of the contract. | Duration necessary to achieve the purpose of the processing and for a further period of 3 years. |
| “This variety interests me” form : society, email adresse, message | The collection of data must allow us to respond to the request and to recontact Users who wish to know where to find an FPB plant, an FPB licensee or who are interested in a license of FPB plants. | Execution of pre-contractual measures taken at the request of Users and/or Customers and/or execution of the contract | Necessary duration to achieve the purpose of the processing and for an additional period of 3 years. |
| Purpose | Description of processing | Legal basis | Retention period |
| ‘Customer’ file | Uploading a photo may lead to the creation of an account in Hortival Diffusion’s commercial management software, enabling quotations to be issued, orders to be managed and products to be reserved. | Execution of pre-contractual measures taken at the request of Users and/or Customers and/or execution of the contract. | 3 years from the last activity of the User and/or Customer, then transfer to an archive for an additional period of 3 years. |
| Customer service | Management of requests, questions and complaints. | Execution of pre-contractual measures taken at the request of Users and/or Customers and/or execution of the contract | 3 years from the date of each request, question and complaint. |
| Commercial relations by post, telephone and electronic means | Sending commercial information by post or telephone or by electronic means (e-mail and SMS) | Legitimate interest | 3 years from the last activity of a User and/or Customer. |
If Hortival Diffusion is required to process the personal data of Users and/or Customers for purposes other than those listed in the tables above, Hortival Diffusion will take any additional steps that may be necessary to ensure the legal compliance of all such processing.
The Data Controller determines and implements the means necessary to protect the processing of personal data in order to prevent any access by unauthorised third parties and to prevent any loss, alteration or disclosure of data.
The Data Controller has implemented technical and organisational measures, adapted according to the degree of sensitivity of the personal data collected, to ensure the integrity and confidentiality of your personal data and to protect it against any malicious intrusion, loss, alteration or disclosure to unauthorised third parties. In particular, the Data Controller uses encryption and/or pseudonymisation techniques for your personal data whenever this is possible, useful or necessary.
The personal data that Hortival Diffusion collects may be transmitted to certain licensees, for the sole purpose of initiating a plant order.
Only duly authorised recipients may access the information required for their activity, within the framework of an access management policy. The Data Controller defines the access and confidentiality rules applicable to the personal data processed.
Hortival Diffusion has control over and responsibility for the use of personal data provided by Users and/or Customers. Certain data may be stored or processed on computers located in jurisdictions outside the European Union and the European Economic Area, whose regulations relating to personal data may differ from European regulations.
In such cases, Hortival Diffusion ensures that appropriate protection measures are taken to guarantee that the processing of data in this country maintains a protection of personal data equivalent to that of France.
Under the General Data Protection Regulation (GDPR), Users and Customers have the following rights:
Right of access: a User and/or Customer may request access to their personal data that Hortival Diffusion collects and processes. If a request for access is made, Hortival Diffusion will provide the User and/or Customer with a copy of his or her personal data in Hortival Diffusion’s possession as well as all legally required information.
Right of rectification: a User and/or Customer may request rectification of any personal data concerning them that is inaccurate, incorrect or incomplete.
Right to erasure: a User and/or Customer may request the erasure of his/her personal data, except where such data must be kept to enable Hortival Diffusion to comply with legal obligations, or to enable Hortival Diffusion to exercise or defend its rights, or where such data is necessary for the performance of the contract binding a User and/or Customer to Hortival Diffusion.
Right to limit processing: a User and/or Customer may ask the Data Controller to temporarily freeze the processing of his/her personal data. The Data Controller will no longer be able to use this data but will have to keep it.
Right to portability: a User and/or Customer may recover the personal data they have provided to Hortival Diffusion, for their own use or for transmission to a third party of their choice, in a commonly used format. This only concerns personal data collected with the consent of the User and/or Customer or in the context of the performance of a contract and which the Data Controller processes by automated means, provided that the exercise of this right does not infringe the rights and freedoms of third parties.
Right to object: Users and/or Customers have the right to object to the processing of their personal data for legitimate reasons, such as the use of their personal data for commercial prospecting purposes, including profiling.
Right to define general or specific directives relating to the conservation, deletion or communication of your personal data after the death of a User and/or Customer: a User and/or Customer has the possibility of defining general or specific directives relating to the manner in which he/she wishes his/her rights guaranteed by the applicable regulations to be exercised after his/her death.
Right of withdrawal: Users and/or Customers may also withdraw their consent at any time, in cases where they have been asked to do so.
In order to exercise his rights, a User/Customer may send Hortival Diffusion an e-mail or a letter to the addresses below, specifying the right he wishes to exercise, the personal data concerned by his request and indicating his full name and e-mail address:
by e-mail: dataprotection@formidableplantbreeders.fr
by post: Hortival Diffusion – FPB, 25 route des Fontaines de l’Aunay, 49250 Beaufort-en-Anjou, France.
If a User and/or Customer considers, after having contacted Hortival Diffusion, that his or her Data Protection rights have not been respected, he or she may submit a complaint to the Commission Nationale de l’Informatique et des Libertés (CNIL):
by post: Commission Nationale de l’Informatique et des Libertés, A l’attention du délégué à la protection des données (DPO), 3 place de Fontenoy – TSA 80715 – 75334 Paris CEDEX 07 (France)
by e-mail: https://www.cnil.fr/fr/plaintes
The practices described in this personal data protection policy statement relate solely to the www.formidableplantbreeders.fr website. External links from other services/entities linked to www.formidableplantbreeders.fr may be present on the Site, for partnership purposes. Users and/or Customers may refer to the privacy policies of other services/entities when visiting their website(s). Hortival Diffusion draws the attention of Users and Customers to the fact that Hortival Diffusion is in no way responsible for the privacy policy and content of other sites.
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