PRIVACY POLICY

Effective date: Updated on November 28, 2024

Benda Bili markets high-end ready-to-wear items and lifestyle accessories under the “Sézane”, “Octobre Éditions” and “Petit Sézane” brands, or in connection with collaborations, under third-party brands such as “Les Composantes”, on its websites , its IOS and Android mobile applications, and through its subsidiaries, in its physical points of sale (the “Points of Sale” and “Benda Bili” respectively). 

In order to offer its products for sale, to support the sale of its products and to manage the Points of Sale, Benda Bili collects personal data from customers and users of its Points of Sale (together the “Users“).

The purpose of this privacy policy is to inform Users of the Points of Sale of the means implemented by Benda Bili to collect, consult, Process and store their Data (the “Privacy Policy“), in accordance with the provisions of the Regulation on the protection of individuals with regard to the processing of personal data and on the free movement of such data n°2016/679 of the European Parliament and of the Council of April 27, 2016 (“GDPR“) and of French law n°78/17 of January 6, 1978, as amended (the “Law on Information Technology and Liberties“), adapted to the United Kingdom (UK GDPR).

1. Definitions and identification of the Data Controller

The data controller, who collects the personal data and implements the processing of such data, is Benda Bili, a French community-purpose simplified joint stock company (société à mission par actions simplifiée) with share capital of €27,386, registered with the Paris Trade and Companies’ Register under , France (the “Data Controller“).

“Process” or “Processing” means any operation or set of operations applied to Data, such as collection, recording, organization, structuring, storage, adaptation or modification, extraction, consultation, use, limitation, deletion or destruction. 

“Data” means any information relating to a User, identified or identifiable in particular by reference to an identifier, such as a first name, surname, identification number, location data, or one or more specific elements. 

2. Data Collection

Benda Bili collects the following categories of Data in its Points of Sale: 

· Account creation data: Data that the User provides when creating an account, whether mandatory or optional (title, first name, surname, date of birth, e-mail address, telephone number, password for logging into the account, and marketing preferences);

· Customer data: Data that the User provides when making a purchase in the Points of Sale, whether mandatory or optional (title, first name, surname, date of birth, e-mail address, telephone number, password for logging in to the account, marketing preferences, billing and delivery postal addresses);

· Transactional data: Data used to process orders placed by the User in the Points of Sale, such as title, first name, surname, e-mail address, telephone number, postal address and information pertaining to payment method (excluding order payment data*);

· Customer service data: Data collected by Benda Bili’s customer service during exchanges between the User and Benda Bili in connection with orders or otherwise, such as title, first name, surname, e-mail address, telephone number, billing and delivery addresses, and documents proving the User’s identity such as identity card or passport;

· Browsing data: User data that Benda Bili collects when the Customer browses the Points of Sale, in particular the date and time of connection and/or browsing, browser type, browser language, IP address and location data (country of browsing);

· Data of contest participants/winners: “Participant” and/or “winner” data collected by Benda Bili when the User participates in a contest, in particular first name, surname, place of residence, e-mail address and social network login and/or when the User wins a contest the following additional data: postal address and telephone number;

· Candidate Data: Data collected when the User applies for a job offer published by Benda Bili via its Points of Sale, such as ID photograph, title, first name, surname, email address, telephone number, date of birth, place of residence, interests, professional experience, past training, skills, and identity documents (identity card, passport, visa);

· Video surveillance data: Data collected through video surveillance systems installed on physical Sites, such as images of Users. 

Order payment data* (title, first name, surname, e-mail address, telephone number, billing address, credit card number, expiration date, authorization number, and security code) are collected directly by Benda Bili’s payment service providers, Adyen and PayPal, under their respective terms, conditions and confidentiality policies. Benda Bili does not have access to this Data;

Benda Bili publishes editorial, commercial or marketing content on certain websites and social networks such as Facebook, Instagram, TikTok, LinkedIn, and which are owned by third parties. The latter may use automated tools to collect certain Data relating to the users of these tools, profiling in particular their online activity. Any collection of personal data in this context is carried out directly by these third parties and is governed by their respective privacy policies, which the User shall be responsible for reading. To the extent permitted by applicable law, Benda Bili is in no way responsible for the data collection and practices of these third parties in connection with Personal Data.

3. Legal basis for Data collection

Benda Bili collects Data on one or more of the following legal bases: 

Consent: when the User gives his/her consent, Benda Bili may process his/her Personal Data for the specific purposes to which the User has consented. This basis is used, for example, when the User agrees to Benda Bili sending him/her marketing or commercial communications by email and/or SMS, such as notices, invitations or newsletters, or when the User consents to take part in a contest.

Contract: Benda Bili processes the User’s Personal Data necessary for the performance of a contract (such as a purchase contract) when Benda Bili sells products or services and the User purchases them. Performance by Benda Bili implies the collection of certain Data to deliver the items ordered by the User, to manage and to carry out the follow-up of his/her orders.

Legitimate interest: Benda Bili has a legitimate interest in processing User Data for purposes such as providing customer service, improving User experience, developing its products and services, preventing fraud, ensuring the security of the Points of Sale or the sales prospecting for its existing customers.

Legal obligation: Benda Bili fulfils a legal obligation whenever the processing of the User’s Personal Data is necessary to comply with a legal obligation in the country of operations, for example in the context of consumer law and the application of legal guarantees or to comply with certain accounting and tax obligations.

4. Purposes of Data Collection

The Data collected in the Points of Sale is processed for the purposes described in the table below. 

Purposes of Processing	Processed data	Legal basis	Reten­tion term** (years)
Account creation and manage­ment	Account creation data, Customer data	Legit­im­ate interest	3 years after last contact by the User
Market­ing and sales commu­nic­a­tions	Customer data	Legit­im­ate interest for exist­ing custom­ers and consent for non-custom­ers	3 years after last contact by the User or the with­drawal of his/her consent
Purchas­ing and order manage­ment (includ­ing retrac­tions, returns and refunds)	Customer data, Trans­ac­tional data, Customer service data	Contract and legal oblig­a­tion	Term of the contrac­tual rela­tion­ship and applic­able legal guar­an­tees
Customer service (includ­ing order track­ing, complaints and inform­a­tion requests, anti-fraud proced­ures)	Customer data, Trans­ac­tional data, Customer service data	Contract, legal oblig­a­tion, consent and legit­im­ate interest	Term of the contrac­tual rela­tion­ship and applic­able legal guar­an­tees
Optim­iz­a­tion of online brows­ing (includ­ing updat­ing and improv­ing the Points of Sale, Website and Site secur­ity, combat­ing fraud, analysis of audi­ence, visit­ors and traffic on the Points of Sale)	Brows­ing data	Consent and legit­im­ate interest	Connec­tion cook­ies – 6 months Analyt­ical and func­tional cook­ies – 13 months maximum
Contests exclud­ing online gambling subject to author­iz­a­tion by the French Autor­ité de Régu­la­tion des Jeux en Ligne.	Data from parti­cipants and/or winners of contests	Consent	After User’s consent has been with­drawn or after the dipute dead­line has expired
Hiring	Candid­ate data	Legit­im­ate interest, contract and consent	2 years after last contact by the User or with­drawal of his/her consent
Video surveil­lance – personal and prop­erty secur­ity and anti-shoplift­ing meas­ures	Video surveil­lance data	Legit­im­ate interest	30 days from capture of images

**Nevertheless, certain Personal Data may be retained beyond the retention periods indicated above, for legal obligations and/or administrative purposes.

5. Data Processors and Data Recipients

In certain cases as described below, the Data collected may be transferred to third parties, who may Process them on behalf of Benda Bili (Data Processors) and/or on their own account (Data Recipients). The following is a non-exhaustive list of Data Processors and Data Recipients :

Data Recipients

· Payment providers: payment for purchases on the Points of Sale is made via (i) PayPal or (ii) the secure platform of Benda Bili’s payment provider, Adyen:

o PayPal (Europe) S.à.r.l. et Cie is a Luxembourg société en commandite par actions, registered with the Luxembourg R.C.S. under number B118349, having its registered office. For further information, the User may view the following website:

o Adyen B.V. is a company registered in Amsterdam (The Netherlands) under number 34259528, having its registered office , The Netherlands. For further information, the User may view the following website

o Benda Bili does not have access to Users’ Payment Data. The User may elect to save these Data in his/her customer account. This data is not stored by Benda Bili, but by PayPal and/or Adyen. The User may modify or delete such Data at any time by logging into his/her customer account.

· Any police, administrative or judicial authority in connection with orders relating to the fight against fraud.

· Customs and service providers for foreign deliveries. 

· Tax-free service providers.

· La Poésie, a French société par actions simplifiée (simplified joint stock company), registered with the Paris Trade and Companies’ register under number , in connection with its collaboration with Benda Bili on “Les Composantes” brand products. Thus, the User having acquired “Les Composantes” brand products on the Points of Sale expressly agrees that Benda Bili transfer to La Poésie its Account Creation Data, Customer Data, Customer Service Data, Transactional Data and Browsing Data. All processing of such Data by La Poésie is governed solely by La Poésie’s privacy policy. 

Boutiques and sales outlets of Sézane, Octobre Éditions and Petit Sézane – these boutiques and sales outlets are wholly owned by Benda Bili affiliates (Benda Bili R, Benda Bili Limited, Benda Bili Inc.) and may have access to all of the Data referred to in article 2 of this Privacy policy. 

Data Processors

Benda Bili’s data processors may have access to the Data collected for the following purposes: 

· Preparation, dispatch and return of orders (7 Senders, Arvato, C Chez Vous, Chronopost, DHL, DPD, Fedex, Kuehne+Nagel, Schneider),

· Follow-up on customer questions, comments and opinions, in coordination with Benda Bili Customer Service (Sprinklr), 

· Updating and improving Website content (Google, Meta, Segment, Contentsquare),

· The maintenance and technical development of the Points of Sale and Benda Bili’s internal implementations, including the entities that carry out orders and ensure the hosting of the Points of Sale, the storage of Data, email service providers and customer tickets, as well as analysis and tag management services, such as Google Analytics and Amazon Web Services,

· Prospecting and communication operations (Salesforce, Batch), 

· To ensure the continuity of the User’s experience in boutiques and sales outlets, including tracking purchases and orders, returns and refunds (Benda Bili R, Benda Bili Limited, Benda Bili Inc.).

6. Transfer of Data outside of the European Union

Benda Bili subsidiaries – Data may be transferred to Benda Bili Inc. and Benda Bili Ltd, the UK and US subsidiaries wholly owned by Benda Bili, so that its Users can benefit from the same “customer experience” in Sézane, Octobre Éditions and/or Petit Sézane boutiques located in the UK and the US. These transfers are made in connection with the European Commission’s standard contractual clauses and the Data Privacy Framework existing between the European Union and the United States.

Benda Bili’s service providers – Data may also be transferred to Benda Bili’s service providers, allowing the latter to provide their services to its Users (in particular carriers, internet hosts and technical service providers to manage the Points of Sale). These transfers take place in connection with the European Commission’s standard contractual clauses and the Data Privacy Framework existing between the European Union and the United States.

7. Users’ rights to their Data

In accordance with Articles 14 to 22 of the GDPR, any User may exercise the following rights:

· A right of access to his/her Data, to ask for copies of the personal information,

· A right to rectify his/her Data, and also a right to ask to complete information,

· A right to delete his/her Data,

· A right to object to the Processing of his/her Data in certain circumstances,

· A right to restrict the Processing of his/her Data in certain circumstances,

· A right to Data portability.

If Benda Bili detects a breach of Data likely to generate a high risk for the rights and freedoms of Users, it undertakes to inform them as soon as possible and the competent supervisory authority (in particular the ICO for UK).

To unsubscribe, please contact Customer Service at email. 

The User may exercise all his rights: 

· By logging into his/her customer area on the Points of Sale; or

· By contacting Customer Service at email; or

· By contacting Benda Bili’s Data Protection Officer at email or by post

· By contacting the ICO : Information Commissioner’s Office Wycliff House Wate Lane Wilmslow Cheshire SK9 5AF, helpline number : , ICO website .

Benda Bili may ask the User to attach certain information to their request (a copy of an identity card, passport or other legally recognized form of identification) for identification purposes in order to process their request and protect itself against fraudulent requests from third parties. In the absence of a reply, or in the event of a reply deemed unsatisfactory, the User may refer the matter to the supervisory authority in his or her country of residence (in particular, for UK, the ICO website ).

8. Data security measures

In its capacity as Data Controller, Benda Bili undertakes to take all necessary precautions to protect the security and confidentiality of the Data and, in particular, to preclude any alteration, deformation or access by unauthorized third parties. 

9. Cookies, tags and tracers

When browsing the Points of Sale, information pertaining to the browsing habits of the User’s terminal (computer, tablet, smartphone, etc.) may be recorded in files referred to as “Cookies”. Cookies are used for browsing follow-up or an analysis of the User’s behavior, in particular:

Strictly necessary cookies

These cookies are necessary for the proper functioning of the Points of Sale and must remain active if the User wishes to access all the services provided by the Points of Sale. They do not store any Data and result from actions taken by the User, such as entering confidentiality preferences or filling in a registration form. The User may always configure his/her browser to block or be informed of the existence of these cookies.

Functionality cookies

These cookies are used to improve and personalize the functionality of the Points of Sale. They may be activated by Benda Bili or by third parties whose services are used on the pages of the Points of Sale. If the User does not accept these cookies, some or all of the services provided may not function correctly.

Performance cookies

These cookies make it possible to determine the number of visits and the sources of traffic, in order to measure and improve the performance of the Points of Sale. They allow us to understand how Users navigate the Points of Sale and to identify which pages are visited more or less frequently. All information collected by these cookies is aggregated and therefore anonymized. If the User does not accept these cookies, Benda Bili will not be informed of his/her visit to the Points of Sale.

Cookies for targeted advertising

These cookies may be set by advertising partners within the Points of Sale, in order to offer content tailored to the User’s interests. They do not directly store Data, but are based on the unique identification of the browser and Internet device. 

When connecting to the Points of Sale, the User is informed by the appearance of a banner that cookies may be automatically installed on his/her browser when visiting the Points of Sale, as well as their purpose, the possibility of accepting or refusing them, and of modifying the settings by clicking on the “set cookies” link. Users may also modify their preferences through their browser:

Benda Bili uses the services of One Trust to collect and manage User consent on its Points of Sale. 

10. Social networks

Benda Bili’s official company accounts “Sézane”, “Octobre Éditions” or “Petit Sézane” on social networks including Instagram, TikTok, Facebook, LinkedIn and Pinterest allow Users to interact with Benda Bili . These interactions may be viewed by any third party. Users are therefore required to exercise increased vigilance when providing Personal Data on these networks; and Benda Bili shall in no event be held liable for any loss arising from the publication of such interactions.

11. Links to third party sites

The Points of Sale may provide links to non-Benda Bili sites, applications and services operated by third parties. Benda Bili is not responsible for the processing of personal data by these third parties, whose personal data protection policies shall apply exclusively.

12. Modification of this Privacy policy

This Privacy Policy reflects Benda Bili’s current practices and may be modified and updated from time to time by Benda Bili in order to comply with any regulatory, case law, editorial, commercial or technical developments. When changes to this Privacy Policy are published, Benda Bili will modify the “Effective Date” at the top of this Privacy Policy to indicate when such changes have come into force.