Privacy Policy

LEGAL NOTICES AND PRIVACY POLICY:

Effective 11/26/2024

In accordance with the provisions of Articles 6-III and 19 of Law No. 2004-575 of June 21, 2004 on Confidence in the Digital Economy, known as LCEN; Users of the inabayaa.com site are hereby informed of the following legal notices.

Connection and navigation on the inabayaa.com site by the User implies full and unreserved acceptance of these legal notices.

These are accessible on the site under the “Legal Notices” section.

LEGAL INFORMATION

INABAYA COUTURE

License no. 872618

Publication director : INABAYA COUTURE

THE HOST

The host of the inabayaa.com site is the Shopify Company Inc., a Canadian company registered on the TSX and NYSE, whose head office is located at 151 O'Connor Street Ground Floor Ottawa, Ontario K2P 2L8 Canada , with the following contact information: email: assistance@shopify.com phone: 1-613-241-2828

PREAMBLE

This privacy policy informs you about how INABAYA COUTURE uses and protects the information you transmit to us when you use this site accessible from the following URL: inabayaa.com (hereinafter the “Site”).

Please note that this privacy policy may be modified or supplemented at any time by INABAYA COUTURE, in particular in order to comply with any legal or technological developments. In such a case, the date of its update will be clearly identified at the top of this policy. These modifications are binding on the user as soon as they have been informed of the posting of the updated privacy policy, and they have accepted it.

PARTS

This privacy policy is applicable between the publisher of the Site, hereinafter “the Publisher”, and any person connecting to the Site, hereinafter “the User”.

DEFINITIONS

“Site Content”: elements of any nature published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.

“Publisher”: INABAYA COUTURE, SARL in its capacity as publisher of the Site.

“User”: any person connecting to the Site.

“Site”: the website accessible at the URL inabayaa.com, as well as any sub-sites, mirror sites, portals and URL variations thereof.

SCOPE OF APPLICATION

This privacy policy applies to all Users. Clicking on "I accept" when registering on the Site will imply your full and complete acceptance of it. Similarly, clicking on "I accept" in the information banner relating to cookies displayed on the Site imply your confirmation of this acceptance, while allowing you to personalize the cookies that will or will not be applied to you. You also acknowledge having fully read them and accept them without restriction.

The User acknowledges the evidentiary value of the Publisher's automatic recording systems, unless he provides proof to the contrary.

Acceptance of this privacy policy requires that Users have the legal capacity necessary to do so or that they are at least 16 years old, or failing that, that they have the authorization of a guardian or curator if they are incapable, of their legal representative if they are under 16, or that they hold a mandate if they are acting on behalf of a legal entity.

ACCESS TO THE SITE

The site is accessible from any location, 7 days a week, 24 hours a day, except in cases of force majeure, scheduled or unscheduled interruptions that may arise from a need for maintenance.

Access to and use of the site are reserved for strictly personal use. You agree not to use this site and the information or data contained therein for commercial, political, advertising purposes or for any form of commercial solicitation, including the sending of unsolicited e-mails.

RESPONSIBILITIES

The publisher cannot be held liable in the event of failure, breakdown, difficulty or interruption of operation, preventing access to the site or to one of its functionalities.

The equipment you use to connect to the site is your sole responsibility. You must take all appropriate measures to protect your equipment and your own data, particularly from virus attacks via the Internet. You are also solely responsible for the sites and data you consult.

The publisher cannot be held responsible in the event of legal proceedings against you:

- due to the use of the site or any service accessible via the Internet;

- due to your failure to comply with these general conditions.

The publisher is not responsible for any damage caused to yourself, third parties and/or your equipment as a result of your connection or use of the site and you waive any action against it as a result.

If the publisher were to be subject to amicable or legal proceedings as a result of your use of the site, it may take action against you to obtain compensation for all damages, sums, convictions and costs which could arise from these proceedings.

COOKIES

When you first connect to the Publisher's Site, you are warned by a banner at the bottom of your screen that information relating to your browsing may be recorded in files called "cookies". Our cookie usage policy allows you to better understand the provisions that we implement regarding browsing on our Site. It informs you in particular about all the cookies present on our Site, their purpose, and gives you the procedure to follow to configure them.

• Use of tracers/cookies

The Publisher of this Site may install a cookie and other tracer on the hard drive of your device (computer, tablet, mobile, etc.) in order to guarantee smooth and optimal navigation on our website.

“Cookies” are small text files of limited size that allow us to recognize your computer, tablet or mobile in order to personalize the services we offer you.

To better inform you about the information that cookies identify, you will find below a table listing the different types of cookies that may be used on the Publisher's site, their name, their purpose and their retention period.

• Purposes of tracers

With the help of the information contained in the tracers and cookies used, the Publisher can analyze the traffic and use made of the Site and, where appropriate, facilitate and improve navigation, carry out prospecting operations, develop commercial statistics or display targeted advertising.

• Tracers used

Partner Purpose of processing Partner conditions

Shopify Access to secure areas, management of browsing history https://www.shopify.com/legal/cookies

• Configuring your cookie preferences

When you first connect to the Publisher's Site, a banner briefly presenting information relating to the deposit of cookies and similar technologies appears at the bottom of your screen. This banner allows you to make a choice as to the cookies that you accept or refuse to deposit on your terminal. You will be deemed to have given your consent to the deposit of cookies by clicking on the "I accept" icon, either globally or individually. Conversely, you will be deemed to have refused the deposit of cookies by clicking on the "I refuse" icon; once again, this choice may apply to all cookies, or to some of them only. In the absence of a choice, you will be deemed to have refused the deposit of cookies. Your decision will be recorded for 6 months and may be subject to modification at any time.

• Cookies exempt from consent

In accordance with the recommendations of the National Commission for Information Technology and Civil Liberties (CNIL), certain cookies are exempt from the prior collection of your consent to the extent that they are strictly necessary for the operation of the website or have the exclusive purpose of enabling or facilitating electronic communication. These include session identifier cookies, authentication cookies, load balancing session cookies and cookies for customizing your interface. These cookies are fully subject to this policy to the extent that they are issued and managed by the Publisher.

• Cookies requiring your prior consent

This requirement applies to cookies issued by third parties and which are described as “persistent” in that they remain on your device until they are deleted or expire.

Since such cookies are issued by third parties, their use and storage are subject to their own privacy policies. This family of cookies includes audience measurement cookies, advertising cookies and social network sharing cookies (such as Facebook, Twitter, YouTube and Instagram).

Audience measurement cookies establish statistics concerning the attendance and use of various elements of the Site (such as the contents/pages you have visited). This data contributes to improving the ergonomics of the Publisher's Site.

• Maximum retention period of tracers

The tracers are intended to be stored on the User's computer for a period of up to 12 months. This data is stored in secure conditions, using current technical means, in compliance with the provisions of the General Data Protection Regulation and the national legislation in force.

- Opposition to the use of tracers

• Ability to object to the use of tracers

You can accept or refuse the deposit of cookies at any time.

The User may delete or deactivate the use of tracers whenever he wishes by modifying the settings of his browser. It is possible to consult the Site without tracers. However, certain additional functions of the Site may not work if the User has deactivated the use of tracers, such as the auto-completion of forms or navigation indicators.

• Settings

For more information on cookie management tools, you can consult the dedicated page on the CNIL website here.

• Browser settings

Each Internet browser offers its own cookie management settings. The User can configure their browser software so that cookies are rejected, either systematically or according to their issuer. The User can also configure their browser software so that their acceptance or rejection of cookies is offered to them punctually, before a cookie is likely to be saved on their terminal.

For the management of cookies and the User's choices, the configuration of each browser is different. It is described in the browser's help menu, which will allow you to know how to modify your wishes regarding cookies:

For Internet Explorer;

For Safari;

For Chrome;

For Firefox;

For Opera.

5.6.2.2. Settings using add-ons

The User can also delete or oppose the installation of cookies on his computer by installing an extension on his browser, such as Ghostery, to download here.

HYPERTEXT LINKS

Any information accessible via a link to other sites is not under the control of INABAYA COUTURE, which declines all responsibility for their content.

PERSONAL DATA

The inabayaa.com website assures the user that personal information is collected and processed in a manner that respects privacy in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (European data protection regulation) repealing Directive 95/46/EC and applicable from 25 May 2018.

Data categories

The personal data collected on the inabayaa.com website are as follows:

• Identity: title, surname, first name, address, delivery address, telephone number, email address, date of birth, internal processing code allowing the identification of the customer, data relating to registration on opposition lists. The following data are mandatory, without this information it is impossible to place an order: surname + first name + address + email address.
• Order data: transaction number, purchase details, purchase amount, invoice payment data (payments, unpaid amounts, discounts), product returns.
• Payment method data: bank card number, bank card expiry date, visual cryptogram (which is immediately deleted). This data is mandatory, without this information it is impossible to place an order.
• Data required to carry out loyalty and prospecting actions: purchase history.

Purpose pursued by the processing for which the data is intended

When you place an order on the inabayaa.com website; we collect data about you, which is recorded and processed in a customer file.

This file allows you to:

• Verify the identity of people;
• Ensure and improve the security of services;
• Develop, operate, improve, provide and manage the Site;
• Manage orders, payment and delivery.
• Conduct marketing operations (loyalty, promotions) and send advertising by email to our customers who have not objected or who have accepted it:
• On products similar to those they ordered.
• On other products offered by INABAYA COUTURE. For example, if a customer buys a dress, a tunic may be offered to them.
• Transmit the data of our customers who have accepted it to our commercial partners, to enable them to send them advertising.
• The personal data collected also aims to provide the services of the inabayaa.com site, improve them and maintain a secure environment.

Legal basis for data processing:

• Data collected during registration and order management: the legal basis for processing is the performance of a contract (see article 6.1.b) of the European Data Protection Regulation).
• Sending commercial solicitations by email on products similar to those ordered by customers: the legal basis for the processing is the legitimate interest of the company (Cf. article 6.1.f) of the European Data Protection Regulation), namely to promote our products to our customers.
• Sending commercial solicitations by email on other products offered by INABAYA COUTURE: the legal basis for processing is consent (Cf. article 6.1.a) of the European Data Protection Regulation), as required by article L. 34-5 of the French Postal and Electronic Communications Code.
• Transmission of the email address to business partners: the legal basis for processing is consent (see article 6.1.a) of the European Data Protection Regulation), as required by article L. 34-5 of the French Postal and Electronic Communications Code.

Data recipients

• INABAYA COUTURE's customer and billing services are recipients of all categories of data.
• Its subcontractors, responsible for the delivery of its orders, are recipients of the identity, address and telephone number of our customers.
• The data collected can be consulted by members of the Publisher's management, by the staff responsible for preparing your order as well as by the staff responsible for managing the Site.

Data retention period

Personal data collected during navigation is kept for a reasonable period necessary for the proper administration of the Site and for a maximum of 12 months, or until the withdrawal of consent by the persons concerned.

Personal data collected when using the contact form or when sending to the contact email address are kept for a reasonable period necessary for the proper management of the User's request, and for a maximum of 12 months.

The data collected during registration is kept for the duration of the contractual relationship between the Publisher and the User.

The data collected when using the newsletter form is retained until the withdrawal of consent by the persons concerned.

At the end of each of these periods, the Publisher will archive this data and keep it for the time during which its liability may be called into question:

• Data required for order management and invoicing: for the entire duration of the commercial relationship and ten (10) years for accounting obligations.
• Data necessary for carrying out loyalty actions and prospecting: for the entire duration of the commercial relationship and three (3) years from the last purchase.

Payment method data: this data is not stored by INABAYA COUTURE; it is collected during the transaction and is immediately deleted upon payment of the purchase.

Data concerning the opt-out lists to be received from prospecting : three (3) years.

After this retention period, the Publisher undertakes to permanently delete the data of the persons concerned.

Security and confidentiality of personal data

Personal data is stored in secure conditions, using current technical means, in compliance with the provisions of the General Data Protection Regulation and current national legislation.

T ransfer of collected data

Transfer to partners

The Publisher informs you that we use authorized service providers to facilitate the collection and processing of the data that you have communicated to us. These service providers may be located outside the European Union and have communication of the data collected on the Site.

The Publisher has previously ensured that its service providers have implemented adequate guarantees and complied with strict conditions regarding confidentiality, use and protection of data, for example via the US PrivacyShield.

The User consents to the data collected being transmitted by the Publisher to its partners and being processed by these partners within the framework of third-party services, namely: No partner known at the moment.

Transfer on requisition or court decision

The User also consents to the Publisher communicating the data collected to any person, upon request of a state authority or upon court decision.

Transfer in the context of a merger or acquisition

If the Publisher is involved in a merger, sale of assets, financing transaction, liquidation or bankruptcy or in an acquisition of all or part of its business by another company, the User consents to the data collected being transmitted by the Publisher to this company and to this company carrying out the personal data processing referred to in this privacy policy instead of the Publisher.

Minimization of personal data

The Publisher may also collect and process any data transmitted voluntarily by a User, in particular via the free field of the contact form.

The Publisher guides Users as much as possible when they provide unnecessary or superfluous personal data.

The Publisher undertakes to retain and process only the data strictly necessary for its activities, and will delete any unnecessary data received as soon as possible.

Rights of opposition, questioning, access, rectification, limitation

In accordance with the regulations applicable to personal data, you have the following rights:

- you can update or delete data concerning you by logging into your account and configuring the settings of this account;

- you can delete your account by writing to the following email address: contact@inabayaa.com

- you can exercise your right of access, to know the personal data concerning you, by writing to the following email address: contact@inabayaa.com

In this case, before implementing this right, we may ask you for proof of your identity in order to verify its accuracy;

- if the personal data we hold is inaccurate, you can request that the information be updated by writing to the following email address: contact@inabayaa.com

- you can request the deletion of your personal data, in accordance with applicable data protection laws, by writing to the following email address: contact@inabayaa.com

- You also have a right to portability and a right to limit the processing of your data (Visit the cnil.fr website for more information on your rights).

- You have the right to request that the processing of your personal data by the Publisher be limited. Thus, your data can only be kept and no longer used by the Publisher.

Withdrawal of consent

If you no longer wish to receive advertising from us (exercise of the right to object or withdrawal of consent already given), contact us.

If, after having consented to your data being transmitted to our commercial partners, you wish to reverse this choice and no longer receive advertising from them, contact us at the following address: contact@inabayaa.com

To exercise these rights or for any questions about the processing of your data in this system, you can contact us:

• by post: INABAYA COUTURE address; “personal data protection” department.

Response times

The Publisher undertakes to respond to your request for access, rectification or opposition or any other additional request for information within a reasonable period of time which may not exceed 1 month from receipt of your request.

If, after contacting us, you believe that your “Data Protection” rights have not been respected, you can submit a complaint online to the CNIL