General Conditions of Use

Thanks to this policy, we will be able to take into account your requirements and comply with your expectations.

In order to respect your trust, VIBEL , we primarily guarantee the respect of your personal data, as well as the confidentiality of our customers (hereinafter “Your data”).

For complete transparency towards you, in order to guarantee you a secure use of our Kakuny website  in all its available versions and related applications (hereinafter the " Kakuny Site  "), we make available the way in which we process your data, so that our services are always in accordance with the respect of your rights. In this way, we ensure the security as well as the confidentiality and non-alteration of your private life and your data, this across all of our platforms.

Our policy and ourselves guarantee that all necessary precautions are taken to protect all of your data and against disclosure, loss or alteration of these. This is why we provide you with all the elements allowing you to easily understand how we process your data. This data will only be kept for the time necessary for the determined management and processing. You will of course be able to access and modify your data at any time, since it will be available in your personal spaces on the Kakuny website.

For these purposes, we endeavour to take all necessary measures to comply with applicable data protection law.

Thus, herein undersigned VIBEL  undertakes by this policy of protection of your personal data to respect the essential principles of the general European regulation and French law in terms of protection of personal data, by providing you with information concerning the existence and the methods of the data processing applied here (paragraph 3), the rights you have concerning your data, as well as by applying these rights ourselves (paragraphs 6 and 10). Any information relating to possible transfers to a third country or recipients is also made available, as well as the retention period of the data collected (paragraph 5) and the security measures (paragraph 9).

 

1. WHO ARE YOU ?

When we refer to "you" in this Personal Data Protection Policy, it is simply because it is directly linked to you and concerns you as a VIBEL customer , if you have placed an order on the Kakuny website, a VIBEL  customer, if you have created a customer account but have not ordered any products or services, or if you have browsed the Kakuny website as a visitor without having created a customer account or placed an order.

 

2. WHO ARE WE ?

VIBEL  is a  LTD  ,  registered under number  1000813926 ,  represented by  Lila Ntumba , as Chief Executive Officer and whose head office is located at  35 Rolling Mills Road. Toronto Ontario, M5A 0V6, Canada

VIBEL  publishes the Kakuny  Site and, as such, implements various processing operations of your Data as data controller.

 

3. FOR WHAT PURPOSES DO WE PROCESS YOUR DATA?

3.1. When do we collect your personal data?

Your personal data may be collected if you visit the Kakuny  website using cookies, if you create a customer account on the Kakuny  website , if you order one of our products or services or agree to be a member of our newsletters (SMS, e-mails).

Your personal data is used to streamline your navigation on the Kakuny website , as well as to offer you a more personalized experience. This allows us to better process your orders, provide payment in installments, prevent fraud, make necessary refunds, and manage your customer reviews.

 

3.2. Your navigation on the Kakuny site

In order to allow you to browse the Kakuny website , we process your data with the legal basis for this being your consent.

 

3.3. Processing your orders

In order to be able to handle and process your orders, we use your data.

The use we make of it serves to manage mediation, customer relations (and those through social networks), our after-sales service and distance selling, our actions relating to the management of marketing and commercial prospecting for the Kakuny site , as well as for the management, deliveries and transport of orders.

The performance of the contract between the two parties (you and us) is the legal basis for processing this data.

VIBEL 's legal obligation  is the legal basis for processing, as regards the management of product recalls. Your consent or our legitimate interest are, as the case may be, the legal basis for processing for marketing and commercial prospecting actions. Your consent is for the implementation of "flash" payment.

 

3.4. Payment in installments

For orders involving payment in installments and for certain customers, your data is processed in order to be able to offer you this type of payment. The application of the contract between the two parties is the legal basis for data processing. However, your consent remains the basis for the processing of your banking data.

 

3.4.1 Klarna

In order to offer you Klarna’s payment options, we may transfer your personal data including your contact details and order details to Klarna so that Klarna can assess whether you are eligible for these options and tailor them to your needs. Your transferred personal data will be treated in accordance with  Klarna’s privacy policy .

 

3.5. Customer reviews

In order to share your opinions with our customers and visitors as well as allow you to leave your opinion on the Kakuny website , we use your data on the legal basis of your consent or legitimate interest.

 

3.6. Payment recovery and fight against fraud

In order to enable payment recovery and combat fraud, we use your data.

Thanks to this, we can also guarantee the security of payments.

The application of this contract between the two parties as well as the legitimate interest of VIBEL , as data controller, are the legal bases for this processing.

 

3.7. VIBEL advertising management operations 

VIBEL  's advertising management operations  are managed through the use of your data.

This will allow us to increase our customer and prospect data, manage the maintenance and technical activities of prospects, commercial statistics and advertising campaign studies, update the prospecting files of the organization responsible for managing objections to telephone canvassing, solicitations, set up our competitions and lotteries or any other operation for promotional purposes except online gambling and games of chance.

The legal bases for the above-mentioned information are the user's consent or the legitimate interest of VIBEL.

 

4. WHERE DOES YOUR DATA GO?

Your data is transmitted to several internal services of Kakuny

They are not sent to third parties, except in the situations specified below:

In order to process your orders, your personal data may be transmitted to several service providers whose specializations are banking transactions, customer relations, after-sales service, delivery, IT development, site management or the provision of guarantees or insurance.

To set up payment in x installments, your data may be shared with service providers such as payment and transaction centers (banks, etc.), or call centers for the management of business processes or customer experience, or, for customer reviews, to a manager for collecting and processing customer reviews.

The Kakuny  advertising agency is managed, thanks to your data, by the agency's clients and advertisers.

 

5. DATA RETENTION

The data collected by Kakuny  is kept only for the time and assistance necessary to set up and carry out the operations mentioned in paragraph 3 of our personal data policy.

We keep certain data collected by Kakuny for a certain period of time.

In current archives for prospects, for 3 years from the last contact of the customer (they can therefore be consulted by VIBEL services ). We do not carry out intermediate archiving of this data (for data representing an administrative interest for certain services, such as for litigation, the retention periods are set by the applicable limitation rules).

Regarding our orders, your data will be archived in the current archives for 5 years from the end of the use of the customer's orders, and in the intermediate archives for 5 years from the end of the conservation in current archives. The same applies to customers.

Regarding banking data, they are archived in the current archives for the entire validity period of the bank card (plus one day). There is no intermediate archiving carried out for banking data.

Cookies and their use and time frame are detailed in paragraph 7 of our policy.

 

6. EXERCISING YOUR RIGHTS

6.1. You have the right to request access, modification and rectification of your Data.

 

6.2. You have the right to request the limitation of the processing of your Data.

Important clarification: to do this, you must contest the accuracy of your personal data during the required time allowing us to verify the conformity of the latter. Or, in the event that you consider that the use we make of your personal data is unlawful and that you request a limitation of their use and not their deletion. We no longer need to use your data for the purposes mentioned in paragraph 3 but that your data is still useful for the establishment, exercise or defense of your rights in court, in the event that you decide to exercise your right of opposition during the time required for the verification in order to determine whether the legitimate reasons that we pursue prevail over yours.

 

6.3. You have the right to request the deletion of your Data.

If you request the deletion of your personal data, VIBEL  will still have the possibility of keeping them in an intermediate archive format for the time necessary to satisfy its legal, accounting and tax obligations.

 

6.4. You are entitled to request the exercise of your right to object to processing used for commercial prospecting purposes.

In the event of prospecting by e-mail, you have the right to request the modification or unsubscription of the newsletters by clicking on the hyperlink “unsubscribe” available in all newsletters, or by navigating directly to the contact page of the Kakuny site. 

In the event of prospecting by SMS, it is possible to unsubscribe by sending the message “STOP SMS” by SMS to 36007, or by browsing the contact page of the Kakuny website.

 

6.5. You have the right to transfer post-mortem prerogatives concerning the retention, deletion and communication of your personal data.

In the absence of this type of prerogative, your successors and heirs have the possibility of communicating with VIBEL  to be able to have access to the uses of this data and to allow an "organization and settlement of the deceased's estate" and/or to close the account on the site and/or request the non-continuation of the processing of personal data.

You can also request that your data not be communicated to a third party in the event of your death.

 

6.6. You are entitled to claim your right to portability.

 

6.7. You have the right to withdraw your consent regarding the processing based on this legal basis.

Important clarification: If you decide to withdraw your consent, this will not have any effect on the legality of uses carried out before your withdrawal of consent.

 

6.8. You have the right, at any time, to lodge a complaint with the competent supervisory authority (in France, the CNIL: www.cnil.fr).

To exercise your rights, please send your complaint (along with your email, first name, last name, copy of your ID and postal address) to the VIBEL data protection delegation  by email to info@kakuny.com and/or by post to VIBEL, 35 Rolling Mills Road. Toronto Ontario, M5A 0V5, Canada.

Within a maximum of one (1) month after the date of receipt of the complaint, we will send you a response.

 

7. COOKIES

7.1. What is a cookie?

When you browse a website such as the VIBEL website , it can then, depending on your choice, insert a text file onto your receiver (computer, telephone or tablet), via your browser.

This text file is called COOKIE. This cookie then allows the website like Kakuny, during the prescribed time of validity or registration of the cookie, to identify your receiver used when you make another visit.

Only the issuer of a cookie can read or modify the information contained in that cookie.

 

7.2. What are cookies used for on Kakuny?

Different types of cookies can be classified by category. Some are issued directly by VIBEL  and its service providers, but some sometimes come from third-party companies.

 

7.2.1. Cookies issued by VIBEL  and its service providers

There are several categories of cookies that may be found on your transmitter when you browse our website:

 

7.2.1.1. “Essential” Cookies

In order to access our site, "essential" cookies are necessary, for example they are used to be able to place an order.

If they were not present, you may encounter problems navigating the site and be unable to place an order.

“Essential” cookies also allow Kakuny  to track its activity.

They can be inserted on your transmitter by Kakuny  or by its service providers.

 

7.2.1.2. “Analytical and Personalization” Cookies

"Analytical and personalization" cookies are not mandatory, they will allow us to facilitate your searches, optimize your experience with us, thanks to them we will be able to better target your expectations as well as adapt our offers and maximize the organization of our site.

 

7.2.1.3. “Advertising” Cookies

Advertising cookies are displayed in the advertising spaces on our site. The interest for you is that your browsing time is better and optimized thanks to the presentation of offers and advertisements relevant to you.

To do this, “advertising” cookies will target your expectations in real time and offer you advertising content adapted to your desires and current interests, through your recent browsing history on other sites.

This helps to avoid presenting you with advertising content that is of no interest to you. At the same time, VIBEL  prefers to see its offers and advertisements proposed to users who will be interested in them.

The advertising content offered may contain cookies issued by Kakuny  or by its service providers, or by third parties through the association of a cookie with the advertising content of an advertiser.

 

7.2.2. Cookies issued by third-party companies

Third parties using cookies on our site use their own privacy policies for this purpose. These cookies are not necessary for the use of our site.

 

7.2.3. Cookies issued by third-party applications integrated into our site

When you browse our site, we may include computer applications from a third party, in order to offer you the possibility of sharing content and/or your opinion from our site with other people, for example when you click on the "share" or "like" buttons which come from social networks.

These social networks can then identify you through these buttons even if you did not use them when browsing the site. They can do this if during your last browsing on the site you were simultaneously connected or active on your transmitter to your social network. We have no control over the uses they employ, nor over the data they have.

To learn more about the use of your data and advertising content, you can go to your social networks and consult their personal data protection policies. You should then be able, thanks to these policies, to manage your settings according to your preferences on the user accounts of each of the social networks on which you are registered.

 

Privacy policy of the aforementioned social networks, click on the social network of your choice:

Facebook: https://fr-fr.facebook.com/privacy/explanation     

Twitter: https://twitter.com/fr/tos

Google +: https://policies.google.com/terms?hl=fr

 

Regarding our advertising management, we remind you, as mentioned just before, that all our advertising spaces may contain cookies from third parties (advertiser at the origin of the advertisement presented, third-party service providers of the advertiser, etc.).

They can therefore, with these cookies and during the prescribed period of validity of these, offer advertisements in the places made available for third-party advertisements, count the number of contents that they offer in our spaces, know the audience of these advertisements and the number of clicks; thanks to this they will be able to claim the sums owed to them and establish their statistics. They can also know that your sender is the one who previously visited another site containing one of their advertisements, and therefore target you and personalize their content if necessary.

 

7.3. The options offered by your browser software (Internet Explorer, Firefox, Google Chrome, etc.).

Your browser software contains many options that you can set according to your preferences. Through this, you can then accept or reject cookies on your transmitter.

However, if you choose to accept the recording of these cookies on your transmitter, then, when you visit sites or content with cookies present, these will be automatically recorded on your transmitter.

Depending on your preferences, you can choose to activate a reminder asking you whether you accept or refuse cookies before they are potentially saved, or refuse each time this cookie is saved on your transmitter.

However, it is important to emphasize that the choices you make during this setting may modify or alter your browsing on the Internet or on certain sites or services that require the use of these cookies (such as to place an order on our site for example).

In the event that you prefer to refuse these cookies on your transmitter or delete those already saved, we decline all responsibility for the consequences of the alteration of the functioning of our services, which would come from the inability for our services to save or have access to the cookies which are used for their functioning.

 

7.3.1. How to choose your options according to your browser?

You have different options and possible choices available depending on your browser. In order to have more, you can consult the help menu of the latter.

Internet Explorer™: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies

Safari™: https://support.apple.com/kb/PH19214?locale=fr_FR&viewlocale=fr_FR

Chrome™: http://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647

Firefox™: http://support.mozilla.org/fr/kb/Activer%20et%20d%C3%A9sactiver%20les%20cookies

Opera™: http://help.opera.com/Windows/10.20/fr/cookies.html

 

8. TRANSFERS OUTSIDE THE EUROPEAN UNION

Most of the time, your data is stored within the European Union.

However, when our service providers are located in countries outside the European Union, we share some of your data in third countries, such as with third countries where the European Commission has not carried out an assessment on the level of compliance.

In this case, we take the necessary steps to ensure that this sharing of data is done in compliance with the relevant regulations and that protection of your privacy and fundamental rights is guaranteed (for example, with the use of contractual clauses from the European Commission).

The Data Protection Delegation can, upon request, provide you with further information on the transfer of data.

 

9. SECURITY MEASURES

Thanks to the technical and organisational measures that we take, we can guarantee a level of security that is consistent with the risks to the rights and freedoms of natural persons with regard to the points mentioned in point 2. To do this, we take into account the origin, scope, context, costs and state of knowledge, the purposes of the processing, but also the risks identified.

Additionally, we are compliant with the Payment Card Industry Security Standard PCI DSS, reflecting our commitment to security.

 

10. PROFILING AND AUTOMATED DECISION

Due to the automated processing we use (e.g. profiling), you are subject to legal effects that affect you.

All of this is essential for the conclusion or execution of the contract that binds you to us.

This is how we can offer and carry out the automation of customer identification and the "payment in 4 x". The foundations of this operation are related to the analysis of different variables concerning the type of products, the services ordered, or the customer profile.

If the risk is assessed with these statistics as being too great (fraud/non-payment), then this payment method will not be offered.

However, if you wish, you can obtain human intervention although the decisions are automated, you will thus be able to give your opinion and/or oppose the automatic decision.

 

11. POLICY UPDATE AND REVIEW

Our personal data policy will be updated whenever necessary in order to always be in accordance with the regulations applicable to the protection of your data (every three (3) years at least).

 

All rights reserved – July 1, 2022