Article 1 - Scope of application
This privacy policy (hereinafter the «Policy») applies to any person (hereinafter the ’User«) who :
- access the website https://mouratoglou-school.com/ (hereinafter the «Site»),
- fills in the information request form on the Site,
- concludes a contract for the provision of services from the Site in order for a Participant to benefit from the Program provided by the Société par Actions Simplifiée à associé unique MOURATOGLOU TENNIS ETUDES, 37, rue de la Pérouse 75016 Paris (hereinafter «MTE»). It also applies to any person who benefits from the MTE Program as a Participant.
MTE as data controller, endeavors and undertakes to protect the privacy of Users and Participants in accordance with applicable legal requirements and in particular Regulation n°2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter «General Data Protection Regulation» or «GDPR») and Law n°78-17 of January 6, 1978 relating to data processing, aux fichiers et aux libertés (known as the «Loi Informatique et Libertés»), (together the «Applicable Regulations»).
The purpose of the Policy is to inform Users and Participants of the way in which MTE treats and protects the personal data it collects in connection with the provision of the Site and the supply of services to Participants under the Program. Unless otherwise specified in this Privacy Policy, terms defined in the General Terms and Conditions of Sale shall have the same meaning in the Policy.
Article 2 - Minors
As indicated in the General Terms and Conditions of Sale (hereinafter «GTCS»), the MTE Program is offered to Participants between the ages of nine (9) and twenty (20) who have completed CM2 (corresponding to Grade 4 for international schools). However, for Participants who are minors, the Program may only be subscribed to by their legal representative or by a person of legal age with the agreement of said legal representative. This person will be responsible for accepting the General Terms and Conditions of Sale and for separately authorizing the processing of the personal data of the Participant under the age of 15 where required by Applicable Regulations.
Article 3 - Data collected by MTE
3.1. Data communicated by Users to MTE
MTE processes the data communicated to it by the User via the Site and/or the Program registration form, in particular during the following operations:
- when the User contacts MTE via the contact forms on the Site; ;
- when creating, managing and using the User's Member Area on the Site; - when subscribing to the Program; ;
- when the Participant follows the Program; ;
- when participating in promotional offers, contests or sponsorship operations; ;
- when the User contacts customer service or any other MTE contact point. In this context, MTE may collect and process the following categories of personal data concerning the User:
- identity: first name, last name ;
- Contact details: telephone number, e-mail address, postal address; ;
- the User's login and password; ;
- the User's payment and/or banking information: bank details, billing information; ;
- data relating to the device used to access and use the Site: technical information concerning the characteristics and operating data of the User's device, the operator, the operating system;
- any other information directly and voluntarily provided by the User, and in particular the content of e-mails or messages sent. As well as the following Participant data:
- identity: first name, last name, title, gender, date of birth, nationality;
- contact details: telephone number, e-mail address, postal address,
- data on language levels in French and English ;
- educational data: current class, class applied for, modern languages, previous year's school and, more generally, academic record, past exam averages, professional and university projects, etc; ;
- data relating to tennis practice, i.e. the Participant's ranking, the year in which practice began, the number of hours of weekly practice, the number of tennis matches played per year; ;
- information about the chosen Program: individual lesson package chosen, accommodation arrangements chosen, options chosen (private lessons, mental coaching, laundry services, etc.), roommate chosen, etc.
- essential information on vaccinations and allergies, chronic illnesses, current medical treatments, special precautions to be taken, etc.
- data relating to the Participant's legal representatives (identity, contact details), the persons to be contacted in the event of an emergency, their contact details, as well as the various authorizations given regarding the administration of medication in the event of an emergency, participation in outings and authorization to travel. The information that the User and Participant must provide when creating the User's Member Area and when filling in the various Program subscription forms is indicated by an asterisk. Without this information, it is impossible for MTE to process the request or to provide the various services offered during the Program according to the choices made.
3.2. Data collected using cookies
3.2.1. What are cookies?
The Site may use cookies depending on the preferences you set when connecting to the Site for the first time or at any time thereafter. Cookies are small files that are stored on the User's computer or on any communications device used by the User (telephone, tablet) when browsing the Site. These files enable the exchange of status information between the Site and the User's browser. This data may reveal the type of browser used, the date and time of the visit, the IP address and the activities carried out on the Site. This data enables MTE to remember the User when he or she uses the Site and to record his or her browsing habits: (i) in order to retain the login details for the Member Area and, more generally, all the settings and parameters enabling you to access the Site in an appropriate manner (screen resolution, language of the Site, etc.); (ii) in order to improve security, the quality of Services and browsing on the Site; (iii) for the purposes of audience measurement, analysis and statistics; ;
3.2.2. What types of cookies are used on the Site?
MTE uses the following categories of cookies on its Site:
- Strictly necessary cookies: These cookies are essential to enable you to browse the Site and use its functionalities. Without these cookies, the Services you have requested, such as the storage of your connection data and the functionalities linked to your Member Area, cannot be provided. These cookies also remember the choices you make, such as the country from which you visit our site. They can therefore be used to provide you with an experience that is better adapted to your choices, and to make your visits more pleasant and personalized (e.g. Site language and display of Site pages adapted to your device). Your consent is not required for this type of cookie.
- Google Analytics audience measurement cookies: The Site also uses Google Analytics to track Site performance and enable MTE to optimize your online experience. These cookies collect information about how Users use the Site in order to gather information such as how often Users visit the Site, which pages they view and which other sites they visited before coming to the Site. The information we obtain through Google Analytics is used for the sole purpose of improving the Site and the Services offered. If you do not want Google Analytics to track your activities across all websites, please visit the following site: http://tools.google.com/dlpage/gaoptout.
3.2.3. How do I configure cookies?
The User's prior consent is required before any cookies that are not strictly necessary for the operation of the Site can be read or deposited, i.e. audience measurement cookies on this Site. In accordance with the CNIL's recommendation on the subject, MTE collects the User's consent by means of a platform that can be accessed when the User first browses the Site, and at any time by means of a blue button entitled «Confidentiality» that appears at the bottom right-hand corner of every page on the Site. This platform enables the User :
- directly accept the deposit of all types of cookies; or
- directly refuse the deposit of all types of cookies for which consent is mandatory; or
- granularly choose the purposes of cookies for which the User wishes to give or refuse consent; ;
and/or - to choose precisely each of MTE's partners who may use cookies and the purposes for which they wish to use them.
Article 4 - Use of User and Participant data
As the data controller, MTE collects the personal data of Users and Participants in a lawful and fair manner and in compliance with their rights.
4.1. Purposes of processing
Information collected by MTE, including personal data, is used for the following purposes:
- Manage the procedure for creating the User's Member Space and manage said space, it being specified that each of the Participant's legal representatives may create his or her own Member Space; ;
- Conclude the contract with MTE and provide the services selected under the Program to the Participant;
- Process payments, manage billing and accounting; ;
- To manage the User's subscription and unsubscription to newsletters and commercial prospecting messages from MTE and more generally from Mouratoglou group entities and their partners;
- Manage the participation of Users and Participants in promotions, competitions and sponsorships organized by MTE; - Manage the Site and its operational functions (including logistics), resolve any technical problems, improve and develop new functionalities based on use and/or User feedback and requests; ;
- Carry out statistical analyses ;
- Respond to requests from Users and Participants and communicate with them, in particular to ask for their opinion on the services provided by MTE and important changes and developments in the services offered by MTE; ;
- To apply current legislation, regulations and the GTC.
4.2 Processing for commercial prospecting purposes
MTE may also use the User's personal data to send him or her commercial prospecting messages (in particular, information relating to the launch of new services, the organization of promotional events and marketing activities of all kinds). The User may explicitly and freely consent or not to the collection and processing of his/her personal data for marketing purposes by ticking a box.
Depending on the User's choice, this data may be shared with Mouratoglou Group entities and their partners for commercial prospecting purposes:
- MOURATOGLOU INTERNATIONAL, a société par actions simplifiée (simplified joint stock company), registered under number 879 438 273 with the Paris Trade and Companies Registry;
- MOURATOGLOU ACADEMY, a société par actions simplifiée (simplified joint stock company), registered under number 410 939 136 with the Paris Trade and Companies Registry;
- SOCIETE D'EXPLOITATION DE L'HOTEL COUNTRY RESORT (SEHCC), a general partnership registered under number 798 603 676 with the Paris Trade and Companies Registry;
- MOURATOGLOU DIGITAL COACHING, a limited liability company, registered under number 829 921 311 with the Paris Trade and Companies Registry;
- TENNIS MAJORS, a simplified joint stock company, registered under number 880 259 072 with the Paris Trade and Companies Register; The User also has the option of having his or her telephone details included on the Bloctel opposition list managed by Opposetel. Bloctel is the telephone canvassing opposition list on which any consumer can register free of charge in order to no longer be canvassed by telephone by a professional with whom they have no current contractual relationship. You can find all the information you need to register on this list at the following link: https://conso.bloctel.fr/
Article 5 - Legal basis for processing
Some of the processing operations carried out in connection with the provision of the Site and the supply by MTE of the services selected as part of the Programme are :
- necessary for the execution of the contract binding the User to MTE or for the execution of pre-contractual measures: in particular, this includes processing for the purpose of managing the procedure for creating and managing the User's Member Area; providing Program services; processing payments; responding to requests for information via the «Contact Us» form or in general when making contact;
- based on MTE's legitimate interests (and in particular its economic interests): these include, in particular, processing for the purpose of managing the Site and its operational functions (including logistics), resolving any technical problems, improving and developing new functions according to use and/or feedback and requests from Users and Participants, compiling statistics and, finally, sending commercial prospecting. These processing operations contribute to the improvement of MTE's Services and thus benefit both the User and MTE without infringing the fundamental interests, rights and freedoms of Users. It is also specified that for commercial prospecting operations and the deposit and reading of cookies, the User's consent is specifically collected when required by applicable legislation, and that the User has the right to object at any time.
- necessary to comply with a legal obligation: this includes processing for billing and accounting purposes.
Article 6 - Users' rights regarding their personal data
In accordance with Applicable Regulations, Users and Participants have the following rights with regard to their personal data:
- right to information: you have the right to obtain clear, transparent, comprehensible and easily accessible information on how we use your personal data and on your rights. This is why we provide you with the information in this Policy.
- right of access: you have the right to access the personal data we hold about you (provided that the request is not manifestly unfounded or excessive, in particular because of its repetitive nature), and to obtain a copy. If you wish to access the data we hold about you, please contact us using the details below.
- right of rectification: you have the right to demand that your personal data be rectified if it is inaccurate or out of date and/or that it be completed if it is incomplete (provided that the request is not manifestly unfounded or excessive, in particular due to its repetitive nature). If you wish to modify your personal data, please contact us using the details below.
- right to erasure: in certain cases, you have the right to obtain the erasure or deletion of your personal data. This is not an absolute right, as we may be obliged to retain your personal data for legal or legitimate reasons. If you would like us to delete your data, please contact us using the details below.
- right to restrict processing: This right means that the processing of your data by us is restricted, so that we may retain the data but may not use or process it. This right applies in specific circumstances, namely:
- In cases where the accuracy of personal data is contested by the data subject (i.e. you). In this case, processing is restricted for a period that allows MTE to verify the accuracy of the personal data; ;
- In cases where the processing is unlawful and the data subject (i.e. you) objects to the erasure of personal data and instead requests the restriction of their use; ;
- In cases where MTE no longer requires the personal data for the purposes of processing, but the data is still necessary for the data subject to establish, exercise or defend legal claims; ;
- In cases where the data subject (i.e. you) has objected to the processing based on the legitimate interests pursued by MTE during the verification as to whether or not the legitimate grounds pursued by MTE prevail over those of the data subject. If you wish to request the restriction of processing, please contact us using the details below
- the right to object to the processing of your personal data where such processing is based on the legitimate interests of MTE (to determine what processing is involved, please refer to the table in section 5 of this Privacy Policy): you may at any time object to the processing of your personal data on grounds relating to your particular situation, unless MTE can show compelling legitimate grounds for processing such data which override your interests, rights and freedoms, or where such data is necessary for the establishment, exercise or defense of legal claims. If you wish to exercise your right to object or obtain further information on how to exercise this right, please contact us using the details below.
- right to object to commercial prospecting: you may, at any time, unsubscribe or object to receiving commercial prospecting messages from MTE and more generally from Mouratoglou group entities. All you have to do is click on the link in the footer of the communications you receive from MTE and the Mouratoglou group in general, or send a message to the contact details below. It should be noted, however, that certain electronic communications from MTE will continue to be sent, in particular invoice communications.
- right to data portability: you have the right to receive the personal data concerning you that you have provided to us and that we hold about you, in a structured, commonly used and machine-readable format. This applies only to data that you have provided directly or indirectly, and only where processing is based on your consent or the performance of a contract and is carried out using automated processes. We invite you to consult the list of legal bases for our processing of personal data (see section 5 of this Privacy Policy) to find out whether our processing is based on a contract or on consent. To exercise your right to data portability or obtain further information, please contact us using the details below.
- where applicable, i.e. when you reside in France, the right to send us specific instructions concerning the fate of your personal data after your death.
- right to lodge a complaint with a supervisory authority: you have the right to lodge a complaint with the data protection authority in your country (https://ec.europa.eu/justice/article-29/structure/data-protectionauthorities/index_en.htm) to challenge MTE's personal data protection and privacy practices. However, we invite you to contact us using the contact details below before lodging any complaint with the relevant data protection authority. To exercise any of these rights, please send a request to the following address rgpd@mouratoglou.com.
Article 7 - Updating personal data
The User undertakes:
- that personal data concerning him/her is accurate, complete and unambiguous; ;
- to ensure, as necessary, the updating of personal data concerning him and the Participant; ;
- that the personal data concerning the Program Participant is accurate, complete and unambiguous, and that the Program Participant has been informed of the transmission of his/her data to MTE.
- to provide the Participant with this Policy.
Article 8 - Communication of Users' and Participants' personal data
MTE undertakes to retain all personal data collected and to share it only in certain circumstances in accordance with the provisions of the Applicable Regulations.
- Communication of Users' and Participants' personal data to MTE employees: Some of Users' and Participants' personal data may be made available to MTE employees if these persons need to have access to such data in order to carry out the aforementioned purposes, i.e. to provide Users and Participants with the appropriate services. Internal MTE departments that may have access to Users' and Participants' personal data include the IT department, the technical support department, the marketing/commercial department and coaches. As indicated in Section 4.2, depending on the choices made by the User, data may be shared with entities of the Mouratoglou group for commercial prospecting purposes.
Communication of Users' and Participants' personal data to third-party service providers: MTE may in particular give access to Users' and Participants' personal data to third-party service providers, acting as subcontractors, to perform various services and in particular payment, hosting, storage, analysis, marketing, communication, data processing, database management or IT maintenance services.
These service providers will only act on MTE's instructions and will only have access to Users' and Participants' personal data to perform these services and will be bound by the same security and confidentiality obligations as MTE. In addition, Users' and Participants' personal data may be shared with third parties for the following purposes:
- in the event of a merger, acquisition or sale of all or part of the company's assets, of which the User acknowledges having been informed; ;
- in response to legal or administrative proceedings of any kind or to law enforcement measures requested by the competent authorities ;
- to comply with legal obligations, to protect the rights and/or safety of an individual, to protect the rights and property of MTE, including the need to ensure compliance with these General Terms and Conditions, and to prevent fraud, security or technical problems.
Communication of Users' and Participants' personal data to American universities and to the service providers chosen by these universities: If you choose to request the assistance of MTE's schooling service in order for the Participant to apply to American universities for schooling and to try to obtain the scholarships associated with these schoolings, MTE will use the applications and software of these American universities which use third-party service providers (of the Common App type). These applications and software are not under the control of MTE, which is not responsible for the processing carried out by them or their third-party service providers. We can provide you with an exact list of the software and applications used in this context, so that you can consult their privacy policies to find out how they operate.
Article 9 - Storage of Users' and Participants' personal data
Personal data collected by MTE is stored on the servers of a service provider located in the European Economic Area. In accordance with Applicable Regulations, MTE requires this service provider to take all organizational and technical measures to ensure an adequate level of protection for Users' and Participants' personal data. MTE retains personal data for different periods depending on the case:
- if you are not an MTE customer and/or if you only have a Member Area on the Site: for 3 years from your last contact with MTE ;
- If you are an MTE customer or Program Participant: for the duration of the contractual relationship. Any data required by MTE to meet its contractual or legal obligations, in particular accounting obligations, will be retained and only deleted at the end of the applicable limitation period.
Article 10 - Security and protection of Users' personal data
The security of personal data is one of MTE's priorities. MTE undertakes to take all reasonable organizational and technical measures to prevent any disclosure, use, alteration, accidental loss or destruction of a User's or Participant's personal data. MTE certifies that the payment details collected and processed are encrypted thanks to the approved system used by its service provider Stripe and are never transmitted in clear text over the network.
Article 11 - Changes to the Privacy Policy
MTE may update this Policy at any time to adapt it to any new practices and offers of Services or Programs. In this case, the Policy update date will be updated to indicate the day on which the changes were made. It is the responsibility of Users and Participants to check for any updates to this Policy posted on the Site. If MTE makes significant changes, Users and Participants will be notified by e-mail. MTE
Article 12 - Contacting MTE
In general, if the User and/or Participant has any questions or comments concerning this Policy, or concerning MTE's use of his/her data, he/she may contact MTE's Data Protection Officer at the following address: rgpd@mouratoglou.