Privacy and Cookie Policy – Online Sales

At Aqualung Trading, as data controller, we are making the protection of our customers’ and users’ data a priority. We are proud of the work provided to ensure that our data processing is carried out in accordance with applicable data protection laws.

It is important for us that you understand how we process your Personal Data and how we fulfil our obligations under applicable data protection laws (including related guidelines and directives) (hereinafter the “Data Protection Laws”) including the Data Protection Act of 6 January 1978 as amended and the General Data Protection Regulation (EU) of 27 April 2016 (hereinafter “GDPR”).

This policy applies to the processing of data that we perform on your Personal Data when you browse, order products or transmit such data via the website www.aquasphereswim.com and its sub-domains (hereinafter the “Website”) and describes how your Personal Data is collected and processed by our company via its Website.

1. DEFINITIONS

Account” refers to a User’s personal space on the Website managed by the User with a username and password.

Personal Data” or “Data” refers to any information or directly or indirectly identifying a natural person (e.g. name, registration number, telephone number, photograph, date of birth, municipality of residence, etc.).

Data Controller” means the natural or legal person who, alone or jointly with others, determines the purposes and means of the processing.

User” means any natural person who has an Account on the Website.

Data Subject” means any natural person whose Personal Data are collected and processed through the Website.

The expressions defined above can be found in the plural in this Policy and retain the same definition.

2. IDENTITY OF THE DATA CONTROLLER

In this privacy and cookie policy, the terms “we” and “our” are used to refer to

Aqualung Trading
1ère Avenue – 14ème Rue BP148
06513 Carros Cedex (France)

Hereinafter “Aqualung”.

We are Data Controllers, which means that we are responsible for your Personal Data. We will only use these data in a fair, legal, transparent manner and in compliance with the Data Protection Laws.

3. PERSONAL DATA COLLECTED ON THE WEBSITE

When you browse, order products (if applicable) or contact us on our Website, we collect and process your Personal Data.

Below you will find an information table regarding the processing carried out using your Data.

Purpose of the processing

Type of data collected

Legal basis

Responses to information requests

Identification Data*

The legal basis is your consent or the performance of the contract or pre-contractual measures.

Order management and tracking

Identification Data*

Mailing address

Delivery preference

The legal basis is the performance of the contract.

Payment of the order

Banking data*** (Aqualung does not store this data which is processed directly by our payment provider)

The legal basis is the performance of the contract.

After-sales service

Identification Data*

Order number

The legal basis is the performance of the contract.

Participation in marketing operations (promotion, etc.)

Identification Data*

Consent of the data subject

The legal basis is your consent.

Subscription to the newsletter

Identification Data*

Consent of the data subject

The legal basis is your consent.

Creation and administration of customer account

Identification Data*

Customer account data**

The legal basis is the performance of the contract

Site administration (troubleshooting, statistics, etc.)

IP address via cookie storage

The legal basis is our legitimate interest.

On-site user tracking for service improvement and user knowledge

IP address via cookie storage

The legal basis for this processing may be either your consent or our legitimate interest.

Measure, understand or monitor the effectiveness of advertising, promotions

IP address via cookie storage

The legal basis of this processing is your consent.

Suggestions or recommendations regarding services/items that may interest you

Identification Data

The legal basis of this processing is your consent.

Management of the exercise of individual rights

Identification Data*

Email address

Type of request

The legal basis for this processing is compliance with our legal obligations

Where applicable, a copy of the identity documents

The legal basis for this processing is compliance with our legal obligations

*The identification data includes the User’s first and last names and email address.

**Account data includes the User’s password and username.

***Bank details are the details relating to the payment method used.

The mandatory or optional nature of the Personal Data requested from you, as well as the consequences if no response, are specified at the time of data collection with an asterisk (*).

Each time you visit our Website, we may also automatically collect information and Personal Data on your computer by storing cookies and similar technologies there. You can find more information about this by consulting our cookie policy in sections 10 and 11 of this privacy and cookie policy.

4. STORAGE OF YOUR PERSONAL DATA

We will keep your Personal Data for the time necessary to accomplish the purposes for which it was collected.

You will find a table detailing the retention period of the corresponding Personal Data for each of the purposes:

Purpose of the processing

Retention period

Responses to information requests

Until the request is fully processed

Order management and tracking

Duration of the contractual relationship or

3 years in the event of a contract for immediate performance

Payment of the order

30 days (if withdrawal period is applicable).

Failing this, immediate removal after actual payment.

After-sales service

Contracts with immediate performance: 5 years

Contracts with successive performance: Term of the contract

Participation in marketing operations (promotion, etc.)

Until withdrawal of consent

Subscription to the newsletter

Until withdrawal of consent

Creation and administration of customer account

Until request for account deletion

Site administration (troubleshooting, statistics, etc.)

Duration of the analysis

On-site user tracking for service improvement and user knowledge

Duration of the analysis

Measure, understand or monitor the effectiveness of advertising, promotions

Duration of the analysis

Suggestions or recommendations regarding services/items that may interest you

Until withdrawal of consent

Management of the exercise of individual rights

Identification data: duration of processing life

Copy of identity documents: duration of processing of the request

When we no longer need to keep your Personal Data, it will be deleted or anonymised so that you can no longer be identified.

5. PRIVACY POLICY FOR MINORS

We are particularly committed to protecting the privacy of minors who access or use our online services.

We strongly recommend that parents regularly monitor their children’s online activities.

If you have reasons to believe that a minor under 15 years of age has provided us with Personal Data, please contact us at the email address below and we will do everything possible to answer your questions or to delete this information from our databases:

GDPR-FR@aqualung.com

6. DIGITAL WILL

In accordance with French law, you have the right to define guidelines relating to the storage, erasure and communication of your Personal Data after your death.

In order to exercise this right, you can send us your instructions to the following address:

GDPR-FR@aqualung.com

7. RECIPIENTS OF YOUR PERSONAL DATA

Sharing data within Aqualung

Within the framework of this policy, the Subsidiaries of Aqualung designate all companies controlled directly or indirectly by Aqualung Corporate (300 Rue du Vallon, Les Vaisseaux – Batiment C, 06560 Valbonne – Sophia Antipolis, France).

We may share your Personal Data with the Subsidiaries of Aqualung, but only for the purposes listed in this privacy and cookie policy.

Sharing Personal Data with third parties:

In addition, we may transmit your Personal Data:

  • to our business partners, suppliers and subcontractors for the performance of any contract that we enter into with them or with you, for example when we use a third party to ensure the delivery of goods and/or services;
  • to providers of audience analysis tools and search engines and other selected third parties that help us improve and optimise our Website;
  • to our regulatory authorities, to the authorities responsible for the application of the law or the prevention of fraud, as well as to our advisors (including lawyers or auditors), to the courts, to any other authorised body, for the purpose of investigating any real or suspected criminal activity or other regulatory or legal issues, etc.;
  • in the event of merger, acquisition of our activities or assets or other similar event, to a potential buyer or other of our activities or assets;
  • if we have an obligation to disclose or share your Personal Data in order to comply with any legal obligation, or to enforce or enforce our terms of use and other contracts; or to protect the rights, ownership or security of Aqualung and the Subsidiaries of Aqualung, our clients or other persons. This may include the exchange of Personal Data with other companies and organisations for the purpose of protecting against fraud and reducing credit risks; and
  • to our legal advisors and others in legal proceedings in order to assert or apply our rights under any contract.

We do not share your information with third parties for marketing purposes.

8. WHERE WE STORE YOUR PERSONAL DATA

All information that you send to us is stored on our secure servers, or those of our group, within the European Economic Area (“EEA”).

When we have assigned you or when you choose a password that allows you to access certain parts of our websites, you are responsible for the confidentiality of this password. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Internet connection when transmitting your data to our Website; this transmission is therefore at your own risk.

We comply with the GDPR’s confidentiality and security rules. Once we have received your Personal Data, we will use strict security procedures and devices to prevent unauthorised access, including updating security patches whenever possible, and constantly searching for new ways to secure the data.

Transfers outside the European Economic Area:

The Personal Data that we collect may occasionally be transferred to and stored in a destination outside the EEA, for example an Aqualung entity based in the United States.

We will take all reasonable steps to ensure that your Personal Data is processed securely and in accordance with this privacy policy.

In particular:

  • Aqualung and the Subsidiaries of Aqualung have signed between themselves Standard Contractual Clauses (a “special guarantee” within the meaning of the GDPR) ensuring an adequate level of protection for our transfers;
  • We ensure that transfers outside the EEA made by our potential subcontractors are made in accordance with the provisions of the GDPR.

9. EXERCISING YOUR RIGHTS

Under the GDPR, you have the right to access, correct, limit and, if applicable, delete your Personal Data. You also have the right to the portability of data.

You can also have the right, for legitimate reasons, to object to the processing of Personal Data concerning you.

You have the right to request access to your Personal Data

You have the right to request confirmation of the processing of your Personal Data, access to such Personal Data (by providing a copy) and other information on how we process your Personal Data.

You have the right to ask us to correct your Personal Data.

You have the right to ask us to correct your Personal Data if they are inaccurate or incomplete.

You have the right to ask us to delete your Personal Data.

You have the right to ask us to delete or remove your Personal Data when there is no reason for us to continue processing them. This right would apply if the Personal Data that we process is no longer necessary with regard to the purpose for which it was collected, if you withdraw your consent to the processing of specific categories of your Personal Data or if you object to the way in which we process your Personal Data (see the section “You have the right to object to the processing of your Personal Data” below).

You have the right to ask us to limit the processing of your Personal Data.

You have the right to ask us to limit the processing of Personal Data that we hold about you.

This right applies when:

  • you think that the Personal Data are not accurate,
  • the processing is unlawful and you prefer that we block the processing of your Personal Data rather than delete it,
  • when we no longer need to use your Personal Data for the purposes for which we have collected it, but they are still necessary for you to establish, exercise or defend legal rights,
  • you wish to check if the legitimate reasons we pursue and if they prevail over yours.

You have a right to portability.

You have the right to obtain from us and reuse your Personal Data (in a structured, commonly used and machine-readable format) in order to reuse them for your own needs as part of other services. This allows you to easily transfer Personal Data to another organisation or to ask us to do so for you.

You have the right to object to the processing of your Personal Data.

You have the right to object to the processing of your Personal Data based on our legitimate business interests, unless we are able to demonstrate that, overall, our legitimate interests outweigh your rights or if we need to continue to process your Personal Data for the establishment, exercise or defence in legal proceedings. However, you also have the absolute right to object to the processing of your Personal Data for direct marketing purposes.

You have the right not to be subject to automated decisions.

You have the right to object to any automated decision-making, including profiling, when the decision has a legal or significant impact on you.

You have the right to withdraw your consent.

You have the right to withdraw your consent to the processing of your Personal Data at any time.

You may exercise these rights, upon presentation of a copy of your identification document, by simple written request sent by email to the following address:

GDPR-FR@aqualung.com

Or by mail to the following address depending on the company with which you are in contact:

Aqualung Trading
1ère Avenue – 14ème Rue BP148
06513 Carros Cedex (France)

We will respond to any request received from you within one month from the date of the request. If your request is not sufficiently precise or does not include all the information required to respond to your request, Aqualung may ask you to provide additional information.

You also have the right to refer the matter to the French Data Protection Authority [Commission Nationale de l’Informatique et des Libertés] (CNIL -www.cnil.fr), 3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07, or any other competent authority of any claim relating to the way Aqualung collects and processes your data.

10. COOKIES

We store various cookies on your system when you browse our Website to analyse and improve the website.

What is a cookie?
A “cookie” is a small text file placed in your browser software and facilitating browsing on our website.

Different types of cookies can be placed:

  • Technical cookies: these are cookies necessary for the proper functioning of the Website. You can refuse and delete these cookies through your browser settings, but your user experience will necessarily be disrupted.
  • Analysis cookies: in order to adapt the Website to the needs of users, we evaluate the number of visits and pages viewed as well as the activity of our users. These cookies help us improve our services in order to offer you the best user experience possible and include advertising cookies.
  • Third-party cookies: these cookies are used to improve the interactivity of the Website and include analytics and advertising cookies. These third parties must be considered solely responsible for any violations of the applicable legislation or a contractual obligation that may result from the use of cookies. Aqualung has no access or control over the information provided by these cookies. This information falls under the sole authority of third parties and is controlled according to their privacy policy. This Website is based on several services offered by third party sites, including sharing buttons (Facebook, Twitter, Google+, YouTube)

You can find below the list of cookies registered by Aqualung or by third party publishers as well as their purpose and storage period:

Title

Objective

Lifetime

dwanonymous_################################

stores the anonymous user id to retrieve the basket if a customer comes back later.

6 months

dwsid

stores the applied source code

Session

sid

Used to manage session state

Session

dwsecuretoken_################################

Set only when the connection to the website is encrypted. ################################ are hexadecimal formatted numbers.

Session

dwcustomer

stores the id of a customer registered once and requested “to be remembered”

1 year

dwpersonalization

used for participation in an AB test lasting longer than a session

1 year

11. COOKIE MANAGEMENT

During your first visit to the Website, a banner informs you of the use of cookies on the Website and invites you to accept such cookies. Cookies will only be added if you accept them.

You can configure the cookies used on the Website at any time.

Your browser can also be configured to inform you of cookies placed on your browser and ask you to accept or not accept them.

You may accept or refuse cookies one by one or systematically refuse them.

We remind you that the configuration of cookies is likely to change the way in which you access our content and services requiring the use of cookies.

Please also note that the deletion of certain cookies may change the way you access our services.

Each browser has its own cookie management settings. The procedures are described in the Help menu of the software:

12. CHANGES TO THE PRIVACY POLICY

We will take all necessary steps to communicate you any changes to this privacy and cookie policy, and we will display any updated privacy and cookie policy on this page.

This policy was revised and updated in May 2021.