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Privacy policy

Version dated 09/12/2019

Preamble

The General Data Protection Regulation (GDPR) came into force on May 25, 2018 and completes the legislation on the protection of personal data.

For your information, personal data corresponds to any information relating to a natural person who is identified or who can be identified, directly or indirectly, by reference to an identification number or to one or more elements that are specific to him or her (surname, first name, address, e-mail, telephone, contract number, CB number, ...).

The processing of personal data refers to any operation performed on this type of data (collection, storage, transmission, deletion, etc.), whether on paper or electronically. The data controller is the person who determines the purposes of each processing operation and the means used to achieve these purposes.

For MENCAR-EUROPCAR, protecting your data is a priority. Therefore, in the interests of transparency, this Privacy Policy aims to explain why your personal data is collected and processed by Société MENCAR-EUROPCAR, in its capacity as data controller, how it is processed, what rights you have to your data and how you can exercise them.

MENCAR-EUROPCAR reserves the right to modify this Privacy Policy at any time. Any changes will take effect immediately.

Therefore, we invite you to regularly consult our Policy, accessible from all pages of the Site, in order to keep informed of the latest applicable online version. For changes that we consider to be the most significant, a notice will be posted on the Site. We also invite you to check the date indicated on this Policy to find out when it was last updated.

Contents

1. Why does MENCAR-EUROPCAR need to collect your data?

2. What data does Société MENCAR-EUROPCAR collect?

3. What is the legal basis for processing your data?

4. How long is your data stored?

5. What are your rights and how can you exercise them?

5.1. Your rights to your data

5.2. Exercising your rights

6. With whom does MENCAR-EUROPCAR share your data?

7. Is your data transferred outside the EU?

8. How does MENCAR-EUROPCAR secure the processing of your data?

9. Required fields

10. Cookies policy

11. Social Networking

12. Privacy by Design

The data that MENCAR-EUROPCAR collects is necessary for the following purposes:

Your reservation and rental contract: to confirm and insure your rental; to modify and cancel your reservation; to communicate with you concerning your reservation and rental; to manage your rental (pick-up and return of the vehicle); to manage your invoices; to manage the collection of sums due; to manage potential claims; to manage the potential collection of compensation in the event of damage to the vehicle; to manage your insurance.

Your payment for products/services.

Improving MENCAR-EUROPCAR's products / services on the basis of customer surveys completed by you.

To comply with procedures for the collection of fines to which MENCAR-EUROPCAR is subject in relation to the authorities and the corresponding billing.

Geolocation: the geolocation of rental vehicles in certain specific cases only - the prevention of potential offences, the fight against cases of theft and fraud, verification of the number of kilometers traveled and obtaining a vehicle status in the event of an emergency.

To enable you to exercise your data protection rights.

With regard to Supplier Partner data, management of supplier files: to carry out administrative operations relating to contracts and invoices, to accounting for the management of supplier accounts; to maintain supplier documentation.

With regard to candidate data, managing applications.

In general, MENCAR-EUROPCAR does not process any of your data for purposes incompatible with those for which it was collected, except with your prior consent.

MENCAR-EUROPCAR collects different types of personal data about you:

Personal data that you communicate directly to us:

When you fill in a contact form and/or a reservation form,

When you wish to subscribe to a contract,

When you contact customer service to ask a question or make a complaint,

When you respond to a customer satisfaction and/or research survey,

When you take part in a competition,

When you apply for a job or send us an unsolicited application (CV, cover letter),

In general, when you communicate with MENCAR-EUROPCAR in any other way.

Communication of your personal data is voluntary. However, certain information, identified by an asterisk, is essential for MENCAR-EUROPCAR to process your request. Without this information, MENCAR-EUROPCAR will not be able to process your request.

Personal data communicated to us

In the context of vehicle reservations, data may be transmitted to us by third-party organizations such as CCI /OPT/...

Personal data we collect automatically

We automatically collect certain information about you when you access the MENCAR-EUROPCAR website, in particular, information about your navigation. Société MENCAR-EUROPCAR uses cookies and other tracking technologies to collect information about you when you interact with Société MENCAR-EUROPCAR's Site.

To learn more about cookies and how to disable them, please consult the Cookies Policy.

MENCAR-EUROPCAR collects your personal data for the purposes described in point 1 of this Policy. In all cases, MENCAR-EUROPCAR collects your data only when its collection and processing have a legal basis.

Execution of contractual relations with MENCAR-EUROPCAR

Your data is necessary for the performance of the contract to which you have subscribed or wish to subscribe. On this contractual legal basis, any refusal to communicate your personal data will prevent the conclusion and execution of the contract.

This will be the case for :

  • Customer management operations: contracts, orders, deliveries, invoices,

  • Vehicle geolocation,

  • Customer relations: complaints management, after-sales service.

With regard to the management of supplier files, administrative operations relating to contracts, orders, deliveries and invoices also have as their legal basis the performance of the contract between MENCAR-EUROPCAR and the supplier concerned.

Compliance with a legal obligation to which MENCAR-EUROPCAR is subject.

Some of your data is processed by Société MENCAR-EUROPCAR to meet its legal obligations, in particular:

  • The designation of individuals who commit offences while driving rental vehicles (article L. 121-6 of the French Highway Code).

  • Reporting automobile claims

  • Compliance with data protection rights

  • Verifying the age of a contestant

  • Compliance with a judicial decision, an order or a request from an authorized authority.

MENCAR-EUROPCAR's legitimate interests

MENCAR-EUROPCAR may process your personal data in pursuit of its legitimate interests, in particular in order to:

  • Carry out satisfaction surveys,

  • Select customers for studies and surveys,

  • Organize contests,

  • Manage pre-litigation, litigation and unpaid invoices,

  • Draw up financial and commercial statistics,

  • Transmit commercial offers to professionals, subject to allowing them to object beforehand and at any time,

  • Select suppliers,

  • Maintain documentation on suppliers,

  • With regard to recruitment, verification of the candidate's professional skills in relation to the position to be filled or the positions likely to be filled.

Your data is kept by MENCAR-EUROPCAR for the time necessary to achieve the purposes set out in point 1 of this document, plus the statutory limitation periods.

Customer and prospective customer data

Data concerning you that is necessary for the performance of a contract is kept for the duration of the contractual relationship. After the contract has been fulfilled, MENCAR-EUROPCAR may archive some of your data to meet accounting or tax obligations, or for evidential purposes in the event of a dispute or claim, subject to the applicable limitation period.

Data used for commercial prospecting purposes may also be kept for a period of 3 years from the last contact you had with MENCAR-EUROPCAR (if you are a customer: a rental, for example; if you are a prospect, a click on a hypertext link contained in an e-mail, a request for documentation). At the end of this three-year period, the Company will contact you to find out whether you wish to continue receiving commercial solicitations. In the absence of a positive and explicit response from you, your data will be deleted or anonymized for the purposes of analysis or aggregated statistics.

If you exercise your right of access or rectification, data relating to identity documents may be kept for a period of one (1) year. If you exercise your right to object (see Article 5) to receiving commercial canvassing from MENCAR-EUROPCAR, the information enabling your right to object to be taken into account will be kept for a minimum of three (3) years from the exercise of this right. Under no circumstances will this data be used for any purpose other than the management of the right of opposition, and only the data necessary to take account of the right of opposition will be kept (for example, the e-mail address).

With regard to the storage of bank details

MENCAR-EUROPCAR may keep banking data for a maximum of 13 months after the end of the contract, as an intermediate archive, for purposes of proof. The data may only be used if the transaction is contested.

With regard to customer satisfaction surveys and customer studies, including surveys and rental statistics

MENCAR-EUROPCAR may keep data for 2 years in order to monitor changes in indicators.

In the case of a competition, the data collected will be kept for the duration of the competition until the prizes are awarded.

Cookies will be kept for a maximum of thirteen months, after which they will be deleted.

Suppliers and partners

Personal data collected in connection with the management of supplier files is stored in accordance with applicable legal provisions.

Recruitment

Unless the candidate advises otherwise, MENCAR-EUROPCAR will keep his/her file for two years in order to contact him/her again if his/her profile corresponds to one of MENCAR-EUROPCAR's future searches. At the end of this two-year period, his or her data will be automatically destroyed, unless he or she formally agrees.

As regards the management of fines

MENCAR-EUROPCAR may retain data for a maximum of 45 days from receipt of the ticket. At the end of this period, data may be archived for a maximum of twelve months, the period of prescription for fines.

For further information on how long your data is kept, please contact MENCAR-EUROPCAR's DPO: dpo@gbh.fr (Cf. Art. 5.2 of this Policy).

Your rights regarding your data

Right of access to your data

You may obtain from MENCAR-EUROPCAR confirmation as to whether or not your data is being processed and, if so, access to all data and information held by MENCAR-EUROPCAR.

Right to rectify your data

You may obtain from MENCAR-EUROPCAR, as soon as possible, the rectification of any data concerning you that is inaccurate or erroneous. You may also request that your data be completed, if necessary.

Right to erase your data

Barring legal exceptions, you may ask MENCAR-EUROPCAR to delete your data as soon as possible if, in particular, you consider that the processing of your data by MENCAR-EUROPCAR is no longer necessary for the purposes for which it was collected.

Right to portability of your data

You have the right to retrieve part of your data in an open, machine-readable format or to ask Société MENCAR-EUROPCAR to transfer it to another organization. This right only applies to data that you have actively and consciously provided to Société MENCAR-EUROPCAR (for example, data that you have entered in an online form) or data generated when using a service or device in the context of concluding or managing your contract, and which is processed automatically, on the basis of consent or the performance of a contract.

Right to object

You may object to your data being used by an organization for a specific purpose. In this case, you must put forward reasons relating to your particular situation, except in the case of commercial canvassing, to which you may object without giving any reason. If your data is processed for commercial prospecting purposes, you may object at any time (see point 5.2 of this Policy), just as you may object at any time to the deposit of cookies (see Article 10 of this Policy).

Right to limit the processing of your data

You may ask MENCAR-EUROPCAR to keep your data without being able to use it, in one of the following cases:

you dispute the accuracy of the data used by MENCAR-EUROPCAR,

you object to your data being processed,

in the event of unlawful use but you object to their deletion,

you need your data for the establishment, exercise or defense of legal claims.

Right to withdraw consent to data processing

When the processing of your personal data is based on your consent (e.g. sending you our electronic commercial offers), you have the right to withdraw your consent at any time (see point 5.2 of this Policy).

Similarly, if you wish to withdraw your consent to cookies, you may do so in accordance with the procedures set out in the Cookies Policy.

Right to give post-mortem instructions

You have the possibility of defining directives relating to the conservation, deletion and communication of your data after your death. These directives define how you wish your rights to your data to be exercised after your death. You can send us these directives by sending a letter to

MENCAR-EUROPCAR's DPO (Cf. Art. 5.2) with “Post-mortem directives” in the subject line. You may modify or revoke your directives at any time.

Right to lodge a complaint with the CNIL

If you consider that your rights are not respected or that the protection of your data is not ensured in accordance with the RGPD, you may, at any time, lodge a complaint with a competent supervisory authority (in France, the CNIL), directly on the CNIL Website or by post to: CNIL - 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07.

Exercising your rights

To exercise one of your rights, send your request here:

Exercising your rights

or MENCAR-EUROPCAR 128 ROUTE DE L'ANSE VATA 98800 NOUMEA for the attention of the DPO.

All requests must specify, in the subject line, the reason for the request (exercise of the right of access, opposition, etc.) and the company concerned by the request. The request must also be accompanied by proof of identity and specify the address to which the reply should be sent.

MENCAR-EUROPCAR will reply within one (1) month of receipt of your request. However, this period may be extended by two (2) months due to the complexity and number of requests.

If, after contacting MENCAR-EUROPCAR, you feel that your rights with regard to data processing, files and individual liberties have not been respected, you may submit a claim to MENCAR-EUROPCAR.

MENCAR-EUROPCAR may also transmit your data to the following entities when this is necessary to fulfil one of the purposes referred to in point 1 herein:

With regard to the management of customer and prospect files, the following may have access to your data or be recipients of your data:

authorized personnel in the marketing, sales, customer relations and prospecting departments, administrative, logistics and IT departments, as well as their line managers;

authorized personnel from audit departments (statutory auditors, departments responsible for internal audit procedures, etc.);

Group quality department staff and their line managers;

authorized personnel of subcontractors provided that the contract signed between the subcontractors and MENCAR-EUROPCAR mentions the obligations incumbent on subcontractors with regard to the protection of data security and confidentiality (Article 28 RGPD) and in particular specifies the security objectives that must be achieved;

organizations, court officers and ministerial officers, as part of their debt collection mission;

With regard to the management of supplier files, your data may be transmitted:

personnel in charge of purchasing, administrative and accounting services, their hierarchical superiors, as well as persons contractually bound to the company or organization to ensure its accounting;

auditors (statutory auditors, chartered accountants, internal control department);

external companies contracted to perform the contract;

public bodies, exclusively to meet legal obligations;

judicial and legal officers, as part of their debt collection duties;

financial institutions holding accounts that have been processed.

With regard to recruitment, candidate data is intended for the HR department of MENCAR-EUROPCAR and the GBH group.

With regard to data collected from forms available on the Site, your information may be transmitted:

With regard to insurance and claims management, your data may be transmitted to Insurance.

Your data is hosted on secure servers located in France. Should your data be transferred outside the EU, in particular via our subcontractors, we will take particular care to ensure that these subcontractors process your data in strict compliance with current regulations on the protection of personal data. In the event that these subcontractors are located in a country that has not been granted an adequacy decision by the European Commission, recognizing a level of protection equivalent to that provided by the European Union, a standard contract will be drawn up in order to comply with the model established by the European Commission.

MENCAR-EUROPCAR implements all technical, physical, and organizational measures to ensure the security and confidentiality of your data during the collection, processing, and transfer of your data.

MENCAR-EUROPCAR's infrastructure is protected against malware (viruses, spyware, etc.). Physical and remote access to the servers hosting the data is controlled. Penetration tests are performed, as are regular backups with restore tests. The security of your device, from which you connect to our Website, is your responsibility.

In the event that MENCAR-EUROPCAR may use service providers to process part of your data, it undertakes to verify that they provide sufficient guarantees to ensure the protection of the personal data entrusted to them and to have them sign confidentiality clauses in accordance with Article 28 of the GDPR. In the event of a personal data breach, i.e. a security incident, whether malicious or not and occurring intentionally or not, resulting in the integrity, confidentiality or availability of your personal data being compromised, we undertake to comply with the following obligations:

FOR YOU, THE DATA BREACH CAUSES

NO RISK

A RISK

A HIGH RISK

Internal documentation, in the "violations register"

X

X

X

Notification to the CNIL, within a maximum period of 72 hours

-

X

X

We will inform you as soon as possible

-

-

X

The "breach log" contains the following information:

the nature of the breach;

the categories and approximate number of data subjects affected;

the categories and approximate number of files affected;

the likely consequences of the breach;

the measures taken to remedy the breach and, where applicable, to limit its negative consequences;

where applicable, the justification for the failure to notify the CNIL or to inform the data subjects affected.

However, and in accordance with current regulations, MENCAR-EUROPCAR is not required to inform you of a breach in the following cases:

your personal data is protected by measures that make it incomprehensible to anyone who is not authorized to access it;

measures have been taken to ensure that

the risk is no longer likely to materialize;

This communication requires disproportionate efforts for the MENCAR-EUROPCAR Company, in particular not having any information allowing it to contact you to inform you.

Fields marked with an asterisk in our forms are mandatory. The consequences of failure to respond are solely the failure to process your request. The obligation to provide the requested data is contractual, as it is necessary for the execution of the contract to which you are a party or for pre-contractual measures carried out at your request, particularly in the event of a request for information or a quote concerning our products and services.

https://www.europcar.nc/cookies-policy/

MENCAR-EUROPCAR is present on Social Media, particularly via its Facebook pages.

Access to these Social Media sites implies your prior acceptance of their contractual terms, including their commitments regarding the GDPR for the processing carried out by them, independently of our pages on said Social Media sites. To learn more about the protection of your Personal Data when browsing these Social Media sites, MENCAR-EUROPCAR invites you to consult their respective privacy policies: · Facebook

MENCAR-EUROPCAR may collect some of your personal information when you browse our Social Media sites. For more information, please see our "Privacy Policy – Social Media."

MENCAR-EUROPCAR may collect your first and last name, date of birth, any profile photo, gender, social media accounts, Social Media User ID, and any other information made public, as well as Personal Data in general, as part of its competition organization.

MENCAR-EUROPCAR is committed to integrating the protection of personal data from the design stage of a project, service or any other tool related to the handling of personal data, in particular the minimization of personal data, the limitation of the purposes of data collection, respect for the integrity and confidentiality of data, and the limitation of retention periods.

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