DATA PROTECTION POLICY

Who are we?

The website address is: https://compte.nke-marine-electronics.fr

Through this Personal Data Protection Charter, we, NKE MARINE ELECTRONICS, hereby inform you that some of your personal data will be collected and processed during the creation of your personal account on our website (compte.nke-marine-electronics.fr), the downloading and the use of our TOPSAILOR application.

This Charter reflects the commitments we make and implement for transparent, minimal, responsible and secure use of your personal data, in compliance with Law no. 78-17 of 6 January 1978, as amended, known as the “French Data Protection Act”, Regulation (EU) 2016/679 of 7 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“GDPR”), and the opinions and recommendations of the supervisory authorities, in particular of the Commission Nationale Informatique et Libertés (French Data Protection Agency or “CNIL”).

Who is the controller of your personal data?

Company NKE MARINE ELECTRONICS
A French limited liability company (société à responsabilité limitée immatriculée) registered with the Lorient Trade and Companies Register under the number 538.107.525, having its registered office at Rue Gutenberg, ZI de Kerandré in Hennebont (56700), France.


For all requests or questions concerning the processing of your personal data, you can contact us:


• By sending an email to: info.marine-electronics@nke.fr
• By sending a letter to: NKE MARINE ELECTRONICS, 6 Rue Gutenberg, ZI de Kerandré, 56700 Hennebont, France

Which personal data?

The downloading and use of our TOPSAILOR application requires you to create a personal account on our website. When creating and managing your account, you will have to provide us with the following data:


Your identity : your surname, first name, civil status, date and place of birth
Your contact details : mail address, postal address, landline and/or mobile telephone number.
Your boat : manufacturer, model, name, length, type of sailing, your boat’s equipment, and whether it is used for leisure or professional purposes.
Your technical data : your user name and password for your personal account on the website, your login history for your personal account, your IP address, the internet browser types and versions, how you connect to the internet and the operating system you use.
The data generated by your use of TOPSAILOR : the date on which you downloaded our application, the record of your activities on the application, the configuration and parameterization of the application, and technical statistical data.


When your personal account is created, you will be notified of the information that it is mandatory to provide, by the presence of an asterisk (*). If you do not wish to provide this mandatory minimum information, certain key functionalities of the application may not work.

For what purposes is your personal data collected?

We collect and process your personal data listed above for specific purposes, namely:


• Creating and managing your personal account on our website
• Enabling you to download and use the TOPSAILOR application
• Verifying that you comply with the TOPSAILOR application terms of use
• Improving our TOPSAILOR application
• Ensuring the technical management of our TOPSAILOR application: analysing, testing, operational maintenance and resolving any technical anomalies and problems.
• Providing you with all information concerning our services, our products, our offers, our news, and changes in the terms of use of our TOPSAILOR application.
• Processing your requests in connection with the exercise of your rights to your personal data (see the section “your rights to your personal data”)
• Processing your requests for information and any complaints you may have
• Fulfilling our statutory and regulatory obligations.


We undertake not to sell or pass on your personal data to third parties for marketing, advertising or promotional purposes.

On which bases are we authorised to collect and process your personal data?

• The processing of some of your data is vital in order for us to fulfil our pre-contractual and contractual obligations for the provision and use of our TOPSAILOR application.
• In accepting this Charter, you also consent to the possibility of your data being used so that we can send you our marketing information.
• In addition to the need to comply with our statutory and regulatory obligations, we also have legitimate reasons to collect and process some of your personal data (in particular for security or evidence purposes).

Who has access to your personal data?

Your personal data is accessible:


• To those members alone of our personnel who need to know it, in light of the intended purpose of the processing (in particular our sales department for the management of your customer account, and our IT department for the use of the TOPSAILOR application).
• To our IT and technical service providers and our sub-contractors who work on our information systems, servers, tools and applications or who host your personal data.
These service providers are selected on the basis of their skills and their ability to ensure the security and the confidentiality of your data, to which they may have access in the performance of their assignment. Agreements have been entered into with these service providers, which restrict their access to that data alone which is strictly necessary for the performance of their services and that detail the technical security and operational measures they implement.


We may also be compelled to transfer your personal data to third parties (administrative or judicial authorities, advisors or experts, for example), in order to fulfil our statutory and regulatory obligations, as well as for judicial, administrative or legal proceedings or pursuant to administrative, legal or judicial decisions or injunctions.

Is your personal data transferred outside of the European Union?

NO, your personal data is stored and hosted on servers located in France and is not transferred outside of the European Union.

For how long do we store your personal data?

We endeavour to store your personal data only for the duration that is strictly necessary for the intended purposes of the processing or for a duration defined by law. Accordingly:
• In our database, we store all your personal data for the entire period during which you use the TOPSAILOR application.


Once your customer account closes, regardless of the reason for it closing (in particular due to your desire to no longer use the TOPSAILOR application, or at our initiative due to breaches observed of our terms of use), your personal data is stored in an interim archive base, access to which is restricted and secure, for a period of five (5) years. At the end of this period, your data will be definitively deleted, with the exception of the data that will be made anonymous for statistical and research purposes.


• If you exercise your rights (see the section “your rights to your personal data” below), your personal data that results from the identity document that you may send us will be kept for (1) year, or three (3) years if your exercise your right to objection.
• If you have consented to receive marketing information from use, your personal data will be stored until you ask us to delete it and, at the latest, until the expiration of a period of two (2) years as from the end of our contractual relations.
• Your personal data will be immediately deleted from our active database, as soon as you exercise your right to erasure. It shall nevertheless remain stored and archived (in interim archives) for the duration that is necessary for compliance with our contractual, statutory and regulatory obligations and/or until the expiration of the applicable time-limits for action and statutes of limitations, i.e., a minimum of five years after the exercise of your right of objection.

Which security measures are implemented to protect your personal data?

We implement appropriate security, physical, electronic and organisational measures in order to protect your personal data, ensure the security, integrity and confidentiality thereof, such as, in particular, firewalls, antivirus software, passphrases, encryption, anonymity, and the confidentiality undertaking of our teams.


We also require our service providers and processors who may have access to your data to provide appropriate safeguards to ensure the security, the protection and the confidentiality of your personal data. This requirement involves the implementation of contracts, which include, for the processor, the obligation to comply with the demands of the regulations in force concerning the protection of personal data. These contracts, where necessary, provide that we may carry out audits and reviews of our service providers and processors to ensure that they comply with their obligations.


You are also accountable for the security and maintaining the confidentiality of your personal data.


Access to your personal account is only possible with a user name and a password, which are strictly personal and confidential with regard to you. It is your responsibility to maintain the confidentiality and the security of these user names and passwords, and, in particular, not to disclose them to third parties. Please also remember to log out from your customer account as soon as you no longer need to access it and to protect your computer equipment (using antivirus software, firewalls, etc.).

What are your rights to your personal data and how can you exercise them?

You have the right, subject to providing proof of identity (you may be asked for a copy of your identity document):
• to access your personal data that is in our possession and to obtain a copy thereof.
• to correct your personal data that is incorrect or no longer up-to-date.
• to request the erasure of your personal data. We will however store some data, in order to comply with our statutory and regulatory obligations, or when we have a legitimate reason (for example, when your data will be necessary for establishing proof of the proper fulfilment of our statutory, regulatory or contractual obligations, or for security reasons).
• to object to the processing of your personal data, if you have legitimate reasons.
• to withdraw your consent regarding processing that is performed exclusively on the basis of your consent. As the case may be, you are informed that certain key functionalities of the TOPSAILOR application will no longer be usable or available.
• to restrict the processing of your personal data. This right applies in the following scenarios:
(i) you dispute the accuracy of your personal data. During the time needed to make the necessary checks, we will restrict the processing of your personal data.
(ii) you object to the processing of your personal data. During the time needed to verify the legitimate reasons you mention, we will restrict the processing of your personal data.
(iii) in your opinion, the processing of your personal data is lawful, but you are asking for the data to be erased.
• to the portability of your personal data, i.e., to receive a copy of your personal data in a structured format and to transmit it to another controller.


In order to exercise your rights and, more generally, for all questions concerning the processing of your personal data, you can contact us:
• By sending an email to: info.marine-electronics@nke.fr
• By sending a letter to: NKE MARINE ELECTRONICS, 6 Rue Gutenberg,
ZI de Kerandré, 56700 Hennebont


We endeavour to answer requests in a timely manner. However, we reserve the right to refuse all requests that appear to be unreasonable, due to the repeated or systematic nature thereof, or that could jeopardise the security of our servers, files, systems and the data of other users of the TOPSAILOR website or application.


You also have the right to file a claim with the Commission Nationale Informatique et Libertés (French Data Protection Agency – “CNIL”) if you believe that your rights have not been respected:
• Directly online: https://www.cnil.fr/fr/plaintes
• By post: CNIL, 3 Place de Fontenoy, TSA 80715, 75334 PARIS CEDEX 07, France

Cookies

If you go to the login page, a temporary cookie will be set to determine whether your browser accepts cookies. It does not contain any personal data and will be deleted automatically when you close your browser.

When you log in, we will set a number of cookies to store your login information and screen preferences. The lifetime of a connection cookie is two days, that of a screen option cookie is one year. If you check “Remember me”, your login cookie will be stored for a fortnight. If you log out of your account, the login cookie will be deleted.

Embedded content from other sites

Articles on this site may include embedded content (e.g. videos, images, articles…). Content embedded from other sites behaves in the same way as if the visitor went to that other site.

These websites may collect data about you, use cookies, embed third-party tracking tools, track your interactions with these embedded contents if you have a logged-in account on their website.

Amendment/Updating of this Charter

This Charter may be updated at any time, in particular if we carry out new forms of personal data processing. Where necessary, you will be informed of any changes that are made thereto.


The personal data protection policy in force can be accessed freely and at all times on our website compte.nke-marine-electronics.fr. We request that you consult it regularly.