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Confidentiality agreement

Confidentiality agreement

applicable as of April 1, 2025

1 PREAMBLE

To (i) use the website https://www.bataclan.fr (the "Website"), (ii) obtain information on the activities offered within the Bataclan (the "Venue"), Société d’Exploitation des Spectacles Bataclan, a simplified joint-stock company with a share capital of €100,000, having its registered office at 50 boulevard Voltaire, 75011 Paris, registered with the Paris Trade and Companies Register under number 702 012 931 (the "Company"), (iii) create a User Account, and (iv) use the Services, the User is required to provide the Company with Personal Data concerning them. The creation of the User's personal account (the "User Account") and the use of the Services imply full and unreserved acceptance of the Policy. The Policy is accessible from every page of the Website and is incorporated by reference into the Terms of Use accessible at the following address www.bataclan.fr/fr/charte-confidentialite.

2 DEFINITIONS

Terms and expressions identified with a capital letter in the Policy have the meaning specified below, whether used in the singular or plural: 

2.1 Policy 

Refers to this privacy policy intended to inform the User of the commitments made by the Company in its capacity as Data Controller, to respect the User's Personal Data during (i) the creation of the User Account, (ii) the use of the Services, (iii) browsing on the Website, and finally, (iv) contacting the Company in order to enable them, where applicable, to exercise the rights conferred upon them by the amended Data Protection Act (the "Amended LIL") and the General Data Protection Regulation (the "GDPR") applicable since May 25, 2018.

2.2 User Account 

Also referred to as personal space: designates the personal space created by the User from the Website and accessible on the Website by means of a personal username and password, allowing the User in particular to (i) create a user account, (ii) order and pay for one or more tickets for any show taking place within the Venue, (iii) access the e-ticket(s) of an order provided this ticketing method was selected during the order, (v) subscribe to or unsubscribe from the Venue's newsletter, and (vi) consent to receive commercial offers from the Venue's partners. 

2.3 Terms of Use ("TOU") 

Designates the terms and conditions accessible at the following address: www.bataclan.fr/fr/cgu on the Website. 

2.4 Personal Data 

Designates the User's personal data, collected and processed upon registration and creation of the User Account, use of the Services, and browsing on the Website; 

2.5 Data Controller 

Designates the Company which determines the Purposes and means of the processing of Personal Data implemented within the Venue. 

2.6 Services 

Designates all services offered by the Company on the Website, in particular within the User Account, as well as subscription to the Venue's newsletter via the dedicated form or information requests via the dedicated contact form. 

2.7 User 

Designates any person who accesses or uses the Website, whether or not they hold a User Account.

3 PURPOSE 

The purpose of the Policy is to define the commitments of the Company and its subsidiaries as Data Controller, regarding respect for the User's Personal Data collected and processed during the creation of the Personal Account, the use of the Services, browsing on the Website, or contacting the Company.

4 PERSONAL DATA COLLECTED

As Data Controller, the Company collects and processes 3 categories of Personal Data during the creation of the User Account, browsing on the Website, and the use of Services by the User: 

4.1 User Identification Data 

For (i) the creation of a User Account, and (ii) the use of Services, the Company collects and processes User information and Personal Data, including full name, physical address, email address, and phone number. In the contact forms on the Website, newsletter subscription forms, or User Account forms, fields marked with an asterisk () are mandatory and strictly necessary to allow the Company to process the information request. If the User does not fill in the fields identified by an asterisk (), the Company will not be able to process the request. The User's answers in form fields not marked with an asterisk (*) are optional. 

4.2 Banking Data 

For the payment of any order, the Company collects and processes the User's banking details (credit card number, expiration date, visual cryptogram). 

4.3 Connection Data

The Company also collects the IP address and cookies, specifically addressed in Article 12 of the Policy, when the User visits and navigates the Website. The User is (i) informed in advance of the collection and processing of Personal Data concerning them and (ii) must consent to it, either by validation via a click or a checkbox, within the framework of the information and consent notice at the time of collecting their Personal Data via newsletter subscription, the contact form, or upon creation of their User Account.

5 PURPOSES OF PROCESSING

The User is informed that their Personal Data undergoes IT processing kept up to date and operated under the responsibility of the Company acting as Data Controller for the following purposes/services (the "Purposes/Services"):

the creation and management of the User Account, 

order management, access control to the Venue, 

contacting the User; sending newsletters from the Venue, 

producing statistics and aggregated research reports that help improve algorithms, 

measure and understand how Services are used, and beyond that, develop new products, services, or features. Profiling is specifically addressed in Article 14 of the Policy. 

Personal Data will only be used to the extent strictly necessary for the fulfillment of the Purposes and Services.

These processing activities relating to Identification and Banking Personal Data do not meet any regulatory requirement but are necessary for the execution and management of the contractual relationship, processing User requests, or providing the Services.

6 RECIPIENTS OF PROCESSING 

The information and Personal Data collected and processed by the Company are strictly intended for the Company and sister companies and/or those belonging to the group to which the Company belongs, their subcontractors (including partners and service providers), their employed personnel specifically authorized in strict compliance with the aforementioned Purposes, and finally, judicial and/or administrative authorities. 

The Company may communicate User Personal Data to its subcontractors (including its partners) for the purpose of processing User requests, including commercial companies for conducting statistical studies to analyze the use of facilities and services in the Venue and User preferences to improve Services. 

Subcontractors are bound to respect the confidentiality and security of Personal Data that may be communicated to them and to use it only within the framework of executing their subcontracting or service provision mission. 

The Company guarantees that Users' Personal Data will not be disclosed to any unauthorized third party without the consent of the person concerned. 

The Company does not sell or rent Users' Personal Data to third parties. 

Under special circumstances, the Company may disclose Personal Data when required by competent judicial and administrative authorities.

7 TRANSFERS OF PERSONAL DATA OUTSIDE THE EUROPEAN UNION 

The Company does not transfer Personal Data to entities located outside the European Union or the European Economic Area.

8 RETENTION OF PERSONAL DATA 

Personal Data stored by the Company is kept for a period that does not exceed the duration strictly necessary for the fulfillment of the Purposes for which it was collected as referred to above, and in any event, cannot be retained:

  • more than thirty (30) days from the exercise of rights by the User, including requests for erasure or transfer of Personal Data submitted by the User to the Company; 
  • more than three (3) years beyond the commercial relationship with the User for Personal Data, and a maximum of three (3) years from the User's last contact; 
  • for the duration of the newsletter subscription, increased by the legal deadlines relating to proof thereof and, where applicable, increased by a period of 3 years during which resubscription to the newsletter may be offered; 
  • until full payment for the User's Banking Data within the framework of the Service; 
  • one (1) year for so-called "traffic" Data in accordance with legal obligations incumbent upon the Company. 

At the end of these periods, Personal Data will be securely archived for the necessary retention and/or limitation periods resulting from applicable legislative or regulatory provisions.

9 USER RIGHTS 

The User possesses the rights listed below:

 • right of access, i.e., to obtain confirmation from the Data Controller as to whether or not Personal Data concerning them is being processed and, where that is the case, access to said Personal Data, as well as various information including the Purposes of processing, the category of Personal Data concerned, the recipient(s) of the Personal Data, etc.; 

• right to rectification, without undue delay, of Personal Data concerning them that is inaccurate, incomplete, outdated, or ambiguous, or whose collection and processing are prohibited; 

• right to object to the processing of Personal Data by the Data Controller or to a transfer of Personal Data, unless compelling legitimate grounds exist that override the interests of the User; 

• right to erasure of Personal Data concerning them for the following reasons: Personal Data is no longer necessary in relation to the Purposes for which it was collected or processed by the Company; The User has withdrawn consent on which the processing was based, and there is no other legal ground for processing the Personal Data; 

The User objects to the processing of Personal Data, and no overriding legitimate grounds justify the processing; 

Personal Data has been unlawfully processed; Personal Data must be erased to comply with a legal obligation to which the Company may be subject; 

Personal Data was collected when the data subject was a minor. • right to organize in advance and during their lifetime the conditions under which the User wishes Personal Data collected and processed by the Company to be retained and communicated after their death; 

• right to data portability and recovery allowing the User to receive the Personal Data they provided to the Company in a structured, commonly used, and machine-readable format, and to transmit it to another Data Controller without hindrance from the Company to which the Personal Data was initially provided; 

• right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them. If the User wishes to exercise any of the aforementioned rights, they may send their request to the Data Protection Officer by completing this form or by postal mail, addressed to the Data Protection Officer at the following address: 8 boulevard de Bercy 75012, Paris. 

In the event that the User exercises one of their rights electronically, the Personal Data will be provided electronically by the Company where possible, unless the User has specifically requested otherwise. 

If you believe, after contacting the Company, that your "Data Protection" rights are not respected, you may lodge an online complaint with the CNIL.

10 SECURITY OF PERSONAL DATA

The Company adopts sufficient, adequate, and relevant security measures to preserve the security of Personal Data and, in particular, to prevent it from being distorted, damaged, or accessed by unauthorized third parties. 

These measures notably include the implementation of procedures for:

EMPLOYEE AWARENESS (guides, training modules, reminders, etc.); 

PHYSICAL SECURITY OF PREMISES AND EQUIPMENT (alarms, detectors, etc.); 

ACCESS MANAGEMENT AND CONTROL (authentication, authorizations, access traceability, and incident management, etc.); LOGICAL SECURITY (workstations, mobile tools, servers, websites, cryptographic functions, etc.).

11 MINORS 

The Website is not intended for use by minors under sixteen (16) years of age.

12 COOKIES AND OTHER TRACKERS

To improve the User experience, the Company may place, collect, and process cookies on the User's terminal when the User connects to and navigates the Website. 

Cookies are small amounts of information stored in files within your computer's browser. 

Cookies only retain the identification code in memory, to the exclusion of any other User Personal Data. Thus, the placement of cookies within the framework of using the Website does not allow the User to be personally identified, but records information relating to navigation from their terminal on the Website (pages viewed, date and time of viewing, etc.) which the Company can read during subsequent visits by the User to the Website. 

The collection and processing of cookies allow the Company to:

record any information relating to their navigation within the Website, including information relating to pages viewed and dates and times of viewing the Website;

improve navigation on the Website to enable the use of its various features, particularly identification; 

establish statistics and traffic volumes and usage of the Website (sections and content visited, journeys, date and time of viewing, browser used, etc.), making it possible to improve the interest and ergonomics of the Website. To do so, the Website uses the Google Analytics solution; 

recognize the browser of any User as a returning registered visitor, to remember all preferences that may be sent during the use of the Website; 

adapt the presentation of the Platform and/or Mobile Application to the display preferences of the User's terminal (language used, display resolution, operating system used, etc.) during their visits to the Website according to the display or reading hardware and software contained in their terminal. 

The retention period for cookies will not exceed thirteen (13) months from their initial deposit on the User's terminal. 

In this respect, and for technical cookies whose exclusive purpose is not to enable or facilitate navigation or for functional cookies that are not strictly necessary to benefit from the Services, an information banner is displayed upon the User's first connection to the Website to inform them prior to the placement of these cookies (i) of their presence and precise Purposes, (ii) to allow them, where applicable, to object to their placement on their terminal and change parameters by clicking on a link present in the banner, and (iii) that continued navigation implies agreement to the placement of cookies on their terminal.

The User may withdraw consent at any time and object to the use of these cookies by setting their Internet browser. We draw your attention to the fact that refusing cookies, particularly those other than "third-party cookies", may hinder or block your Internet browsing. 

For cookie management and choices, the configuration of each browser is different. 

It is described in the help menu of the User's browser, which will inform them how to modify their cookie preferences. As an indication, you can follow the procedures below: 

In Internet Explorer: Open the Internet Options menu, then the Privacy tab. Using the vertical slider, you can choose between several configuration levels applying to all websites you visit. Once these generic rules are set, the Sites button allows you to opt for specific settings for certain sites. For example, to specifically block cookies from our site, type the address https://www.bataclan.fr into the prompt, then click Block. You can also visit the following page and follow the instructions provided there: http://windows.microsoft.com/fr-xf/windows7/block-enable-or-allow-cookies

In Google Chrome: In the Chrome menu, select Settings, then Show advanced settings, then Privacy, then Content settings. In the Cookies section, several options are offered. Some apply to all visited sites (e.g., "Block third-party cookies and site data", which amounts to blocking all cookies, keeping local data only until I quit my browsing session, or "Allow sites to save and read cookie data", which amounts to allowing them). Once these generic rules are set, you can define specific settings for certain sites. For example, to specifically block cookies from the Site, type https://www.bataclan.fr in the Block section, then select the Add button on the right. In the same way, you can allow the Site. You can also visit the following page and follow the instructions provided there: https://support.google.com/chrome/answer/95647?hl=fr

In Mozilla Firefox: To block all cookies for all sites, in the Menu, select Options, then the Privacy & Security panel. Set History custom rules to Use custom settings for history, then uncheck Accept cookies. In addition, the Exceptions button allows you to opt for specific settings for certain sites. For example, to specifically block cookies from our site (if you left the Accept cookies box checked), type the address https://www.bataclan.fr in the Address of website prompt, then click Block. You can also visit the following page and follow the instructions provided there: https://support.mozilla.org/en-US/kb/disable-third-party-cookies 

Tracking pixels are also used to analyze email open rates, for the purpose of improving deliverability and measuring communication campaign performance. These tracking pixels, embedded in emails sent to you, collect certain technical information, including the date and time messages are opened. 

This data is used to evaluate campaign effectiveness, improve communication relevance, and optimize deliverability. Data collected via these tracking pixels is retained for a maximum period of thirteen (13) months from collection.

13 COMMERCIAL PROSPECTING 

The Company may collect and process Personal Data for commercial prospecting purposes through direct electronic prospecting communications from itself or its partners.

In such an event, each User is (i) informed in advance of direct prospecting operations and (ii) when required by Law, must consent via a checkbox either upon creation of the User Account or within the section accessible in the User Account under the "Newsletter and alerts" tab.

The User retains the option to object to the collection and processing of their Personal data for commercial prospecting purposes at any time by unchecking the boxes within the "Newsletter and alerts" section, where applicable, by contacting the Data Protection Officer (DPO), Société d'Exploitation des Spectacles Bataclan, 50 boulevard Voltaire, 75011 Paris, or by completing this form.

14 PROFILING

 The Company may collect and process Users' Personal Data, whether or not they hold a User Account, for statistical purposes to analyze the use of Services. 

The processing is based on the legitimate interest pursued by the Company, characterized by the contractual relationship between the user and the Company.

15 MODIFICATION OF THE POLICY

 This Policy is subject to evolution or modification, notably to take into account new regulations in force or new modalities of personal data processing. Therefore, the Company invites its Visitors to regularly consult this Policy in its latest version and in its entirety. Nevertheless, the Visitor's Personal Data will always be processed in accordance with the Policy in force at the time of collection, unless legally prescribed otherwise. This policy forms an integral part of the Website's Terms of Use.

16 APPLICABLE LAW

 The Policy is drafted in the French language and is subject to French law. Any dispute shall be brought before the competent French administrative authorities and courts.