Updated on May, 5 2021
The 6TH SENSE company (hereinafter referred to as the « 6TH SENSE ») is engaged in the creation and marketing of highly personalized bust sculptures for professionals and consumers, primarily via its website accessible via the following URL: https://www.6sense.world (hereinafter referred to as the « Website »).
Your rights and obligations under the use of the Website or an Order are governed by the 6TH SENSE General Conditions of Sale in force (hereinafter referred to as the « GCS »).
The protection of your personal data is fundamental for 6TH SENSE, which ensures their privacy and respect for their integrity by taking all necessary measures to guarantee their protection, non-alteration, availability, and security.
TABLE OF CONTENTS
1. Purpose of the Confidentiality Policy
2. Personal Data Collection
3. Usage Data Collection
4. Browsing Data Collection
5. Use of your Personal Data
6. Sharing of Personal Data
7. Sending offers and information
8. Retention Period
9. Information and exercise of your rights
10. Security and protection of Personal Data
11. Hosting of Personal Data
13. Contact Us
« Client Account” means the Client’s personal account that permits him/her to access his/her client space on the Website.
« Personal Data » means any information that directly or indirectly identifies you. Common examples include: name, ID, telephone number, photograph, date of birth, city of residence.
The origin and the nature of the data that 6TH SENSE collects, the reason for their collection, the way 6TH SENSE uses them, and the rights you have over these data are explained in accordance with the modified law n°78-17 of January 6, 1978, called « Informatique et Liberté » law, and the EU Regulation n°2016/679 of the European Parliament and of the Council 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 known as « RGPD », (hereinafter together referred to as the « Applicable Regulations »).
2. PERSONAL DATA COLLECTION
2.1. Obtaining your consent
You are hereby informed of the terms and conditions of processing of your Personal Data by 6TH SENSE.
You can express your prior and express consent to the collection and processing of your Personal Data by 6TH SENSE, when using the Website, creating a Client Account and/or placing an Order in accordance with the provisions of the Applicable Regulations (in particular by means of ticking boxes).
You are informed that 6TH SENSE may process certain Personal Data within the framework of executing a contract binding you to 6TH SENSE or within the framework of the exercise of legitimate interest, and this, without it being necessary to express your prior consent. The list of the legal bases for the processing operations carried out by 6TH SENSE appears in Article 5 « Use of your Personal Data ».
2.2. Your Personal Data
6TH SENSE may collect directly from you, when you create a Client Account, when you fill in the contact form, when you place an Order, by e-mail or by post, the following Personal Data, notably:
• your name, first name;
• your e-mail address;
• your postal address;
• your telephone number.
When we collect Personal Data via the contact form, we indicate the Personal Data whose collection is mandatory by the presence of a (*) in front of the box to be filled in the form or by any other device.
You acknowledge that the processing of this Personal Data is necessary for the performance of the contractual obligations arising from the Contract.
2.3. Subject’s Personal Data
Within the framework of the execution of the Order and particularly the realization of the Creation, 6TH SENSE can collect from you the Personal Data relative to the Subject (i.e. any physical person other than the Client) such as described below:
• name, first name of the Subject;
• one or several photograph(s) representing the Subject.
The Client expressly authorizes 6TH SENSE to use the Personal Data relating to the Subject (notably, his/her image) within the framework of the design of the Creation.
The Client expressly assures 6TH SENSE that the transmission and processing of the Personal Data relating to the Subject do not constitute a violation of any right of a third party (in particular of the Subject or of his/her beneficiaries) and/or of any legal or regulatory provision in force.
As such, the Client guarantees in particular to 6TH SENSE that the mounting and/or reproduction of the image of the Subject on the Creation does not constitute an infringement (i) of the privacy or personality rights of the Subject and/or (ii) if applicable, of the possible instructions of the Subject as provided for by Article 85 of Law n°78-17 of January 6th 1978.
3. USAGE DATA COLLECTION
This data concerns your use of the Website and includes information such as the features you use and the frequency and duration of your activities on the Website.
We may collect information from the devices (computers, phones, tablets or other devices) on which you use the Website, depending on the permissions you have granted and your settings. This information may, for example, include your IP address, terminal identification number, browser and software characteristics (such as operating system type and version or language setting).
4. NAVIGATION DATA COLLECTION
The Browsing Data particularly concerns:
• the identifier and content of a cookie file stored by us in your terminal;
• the IP address of the terminal connected to the Internet;
• the date and time of connection of a terminal to an electronic communication service;
• the type of operating system used by the terminal ;
• the type and version of browser software used by a terminal ;
• the language of the browser software used by the terminal.
Browsing Data is collected by installing cookies on your terminal (computer, tablet, smartphone, etc.).
5. USE OF YOUR PERSONAL DATA BY 6TH SENSE
The Personal Data that 6TH SENSE collects directly from you or indirectly, in particular when creating a Client Account, when using the Website, when filling in the contact form or when placing an Order, may be processed for the following purposes.
Fulfilling the contract with 6TH SENSE
• Placement, processing and execution of the Order
• Delivery of a Creation;
• Provision of the services agreed upon in the current GCS;
• Provision of maintenance services on the Website;
• Administration of Client Accounts;
• Accounting operations and tax obligations (management of Creation sales).
• Compliance with legal provisions ;
• Fulfillment of a contract;
• Legitimate interest (fight against fraud).
Categories of Personal Data
• Contact information and civility ;
• Subject’s image;
• Banking data;
• Website usage data.
To perform « Client Management » operations concerning
• Your requests (e.g., request for information or quotation, Order);
• Provision of the services agreed upon in the current GCS;
• Follow-up of « Client relationship » (such as the realization of satisfaction surveys, complaints management).
• Fulfillment of a contract ;
• Legitimate interest (business operations).
Categories of Personal Data
• Contact information and civility;
• Image of the Subject;
• Website usage data.
To improve your customer experience on the Website
• Management of your requests for access to your Personal Data, rectification, and opposition;
• Management of your opinions and questions concerning the Website (as well as the contents/services made available via the Website);
• Client identification during your navigation and, if necessary, adapt the Website as well as the contents it disseminates (I) to the characteristics that you have personally indicated and of which 6TH SENSE may have knowledge and, if necessary (II) to your previous navigation of which 6TH SENSE may have knowledge;
• To allow you to benefit from certain additional services (reception of a 6TH SENSE newsletter, etc.).
• Compliance with legal provisions;
• Fulfillment of a contract;
• Legitimate interest.
Categories of Personal Data
• Client Account Registration Data;
• Website usage data;
• Browsing Data.
6TH SENSE does not market your Personal Data to its partners or to third-party service providers.
6. SHARING OF PERSONAL DATA
6TH SENSE will not transfer or distribute your Personal Data in any way.
However, the following persons may have access to your Personal Data:
• 6TH SENSE staff in charge of the marketing department, the sales department, the technical department in charge of the deployment of the Website, the department in charge of client relationships, the administrative departments, the departments in charge of internal control procedures, the logistic and IT departments as well as their line managers;
• the departments in charge of control (internal department of 6TH SENSE but also the auditor, etc.);
• the subcontractors within the framework of signed contracts (i) mentioning the obligations incumbent on them in terms of security and confidentiality of personal data under the Applicable Regulations and (ii) specifying in particular the security objectives to be achieved;
• current and future subsidiaries of 6TH SENSE;
• any company within the framework of an operation of transfer of control of 6TH SENSE (acquisition of a majority shareholding, partial contribution of assets, transfer of a business, merger and acquisition, without this list being restrictive);
• the judicial officers and auxiliaries of justice, if necessary, within the framework of the exercise of any procedure and/or provision of public order;
• the CNIL and/or any competent control authority.
6TH SENSE is also likely to send the photographs of the Subject or, if necessary, of the Client, to its sculptor collaborators, subject to an obligation of confidentiality, within the framework of the fulfilment of the Contract.
7. SENDING OFFERS AND INFORMATION
You may receive direct information by email or notification via the Website from the 6TH SENSE team regarding 6TH SENSE or 6TH SENSE products or services similar to those we have provided to you.
You will always be able to object, free of charge, to any new solicitation via the hyperlink contained in the emails sent by 6TH SENSE or exercise your rights in accordance with the provisions of Article 9 « Information and exercise of your rights » below.
8. RETENTION PERIOD
We keep your Personal Data for the duration of your use of the Website as long as your Client Account exists or as long as it is necessary to provide you with the services related to the contracts and orders you have concluded with 6TH SENSE.
In the case of Personal Data used for commercial information or prospecting, we keep them for a period of three years from the end of the commercial relationship.
6TH SENSE may keep the 3D mold of the Subject for the duration of the 6TH SENSE commercial warranty and the legal warranties in force. Subject to the express, prior and written request of the Client, 6TH SENSE can keep this 3D mold for a period of 12 months after the expiration of the applicable warranties, in order to be able to reproduce the Creation which is the object of an initial Order from the Client, notably in case of loss or degradation of the Creation.
You naturally have the possibility to delete your Client Account, or to unsubscribe from any 6TH SENSE mailing lists by exercising your rights as listed below.
You acknowledge that keeping your Personal Data in our information system has a legitimate interest in administrative, legal and security terms.
This conservation beyond the duration of the purposes indicated in Article 5 « Use of your data » is necessary to carry out your requests for opposition, limitation of processing operations and deletion of your Personal Data and to satisfy any legal, accounting or fiscal obligation to conserve personal data (in particular for evidentiary purposes) or communication to authorized authorities (administration, police services, etc.).
During the whole period of conservation of the Personal Data, 6TH SENSE commits itself to maintain an efficient level of security and confidentiality of the Personal Data, to restrict access to them to authorized persons only and not to process them for purposes other than those agreed upon in the present document or in the current GCS.
9. INFORMATION AND EXERCISE OF YOUR RIGHTS
In accordance with the provisions of the Applicable Regulations and in particular Articles 15 to 22 of the GDPR, you may:
• access information about the processing of your Personal Data and/or those of the Subject (category of data, purposes, etc.);
• delete your Client Account by logging into it and changing the settings (when this option is available) or by contacting us by e-mail;
• correct or update inaccurate Personal Data by logging into your Client Account and modifying the settings (when this option is available) or by contacting us by e-mail;
• delete your Personal Data and/or those of the Subject by logging into your Client Account and modifying the settings (when this option is available) or by contacting us by e-mail;
• limit the processing operations of your Personal Data and/or those of the Subject that we carry out, when you dispute the accuracy of the Personal Data (limitation for a period of time allowing us to verify the accuracy of your Personal Data and/or those of the Subject), or the lawfulness of the processing ( but you authorize us to continue), by contacting us by e-mail;
• receive a copy of the Personal Data you have provided directly to us, in a structured, commonly used and terminal-readable format, by contacting us by e-mail; it being specified that any request for a copy beyond the first one may generate administrative processing costs that will be charged to you. You are informed that Personal Data that are derived, calculated or inferred by us from the data you provide us are excluded from the right to portability, insofar as they are not provided by you, but created by us;
• unsubscribe from the 6TH SENSE mailing list by clicking on the dedicated hyperlink in the information e-mail;
• decide not to be subject to automated decision making: the right not to be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or would produce a similar significant effect;
• file a complaint with the Commission Nationale de l’Informatique et des Libertés, 3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07, Tel :01 53 73 22 22 ;
In the event of excessive requests from you, in particular because of their repetitive nature, we reserve the right to refuse any request for access subsequent to a request for access to your Personal Data and/or those of the Subject duly satisfied by us.
Your requests should be sent by regular mail or e-mail to the address below, signed and accompanied by a photocopy of an identification document bearing the holder’s signature. The request must specify the address to which the reply should be sent. We will have a period of one (1) month to respond following receipt of the request. If necessary, this period may be extended by two (2) months, taking into account the complexity and number of requests.
6TH Sense Sarl – Z.A. de Mespaol 2, Bâtiment Tech-Iroise, 1 rue des ateliers – 29290 Saint Renan
10. SECURITY AND PROTECTION OF PERSONAL DATA
6TH SENSE implements the necessary organizational and technical security measures to guarantee the confidentiality and integrity of your Personal Data.
However, given the nature of the public network which is the Internet, you acknowledge and accept that the security of transmissions via the Internet and the integrity of Personal Data cannot be guaranteed.
If a security breach resulting in a violation of Personal Information should occur, we will inform you of the nature of the breach and the likely consequences thereof.
We undertake to implement corrective measures as soon as possible and to notify the CNIL of such breach, unless the breach in question is not likely to result in a risk to the rights and freedoms of individuals, as per the provisions of the Applicable Regulations.
You acknowledge that your password protects your Client Account and that it is necessary to choose a secure and unique password and to take all reasonable precautions to control or limit access to the terminals allowing access to your Client Account (password, PIN code, disconnection after use, etc.).
11. HOSTING OF PERSONAL DATA
6TH SENSE hosts and has hosted your Personal Data in the European Union.
If the processing and purposes described in Article 5 require the transfer of Personal Data outside the European Union, 6TH SENSE will ensure that your Personal Data is effectively protected.
Thus, all transfers would be made to recipients located:
• in countries presenting, according to the criteria established by the European Commission, an adequate level of data protection; or
• in countries to which the transfer is governed by the standard contractual clauses issued by the European Commission or by the adoption of binding corporate rules.
If you object to any of the changes, you may delete your Client Account.
13. CONTACT US