Privacy Policy

The Explorers group seeks and undertakes to protect Users’ privacy in compliance with the applicable legal requirements and in particular Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter “General Data Protection Regulation” or “GDPR”) and/or any other provisions of applicable national laws (together the “Applicable Regulations”).

This Privacy Policy (hereinafter the “Policy”) applies to any person (hereinafter “the User”) who (i) accesses the Website https://theexplorers.shop (hereinafter the “Website”); (ii) creates a Customer Account on the Website; (iii) purchases Products on the Website; (iv) contacts THE EXPLORERS by any means.

The Policy’s purpose is therefore to provide the Users with as much information as possible about the way THE EXPLORERS processes and protects their personal data which it collects in connection with making the Website and the sale of Products available to the Users.

The Policy supplements the provisions of the General Terms and Conditions of Sale. Except where otherwise indicated in this Policy, the terms defined in the General Terms and Conditions of Sale shall have the same meaning in the Policy.

1. Who is the Data Controller?

THE EXPLORERS NETWORK, a company with capital of €1,000.00 registered with the Paris Trade and Companies Register under number 852 303 239 and whose registered office is located at 141 Avenue Félix Faure 75015 Paris (hereinafter “THE EXPLORERS”) is the Data Controller for the processing of personal data carried out using data collected via a Website or under the terms and conditions mentioned in Article 2 below.

2. Which of your data do we collect and use?

THE EXPLORERS processes data which the User provides it with via the Website.

The data are collected during the following actions:

when the Customer Account is created, managed and used on the Website
when the Website is browsed and services are provided by THE EXPLORERS, including during online purchases
when participating in promotional offers, competitions and sponsorship activities
when subscribing to THE EXPLORERS newsletter
when the User leaves a comment/opinion on a Product for sale on the Website
when the User contacts the Customer Service department or any other THE EXPLORERS contact point by any means.

In this respect, it may be necessary for THE EXPLORERS to collect and process the following categories of the User’s personal data, depending on the data provided by the User and the type of service subscribed to:

the User’s identity: first name, surname, title
the User’s contact details: e-mail address, delivery and billing address, landline and/or mobile telephone number, delivery instructions
product delivery terms
the User’s identifiers: e-mail address and password
the User’s payment and/or banking information: bank details, information about the Google Pay account used
data relating to the device used to access and use the Website: technical information about the operating data and characteristics of the User’s device, the operator, the operating system and the device model
data relating to the use of the services offered by THE EXPLORERS, i.e. data connected with the Website operations (Products viewed, saved and selected, order history, delivery preferences and payment preferences)
any other information directly or voluntarily provided by the User, including the content of e-mails or messages sent to the various services of THE EXPLORERS
cookies under the terms and conditions described in Article 10 of this Policy.

The information which the User is required to provide when they create a Customer Account or fill in the contact form is indicated with an asterisk. Without this data, THE EXPLORERS cannot deal with the request or provide the requested service.

3. How do we use your data?

The User’s personal data are processed by computer and retained and used by THE EXPLORERS for the following purposes:

to allow the User access to the Website
to allow the User to use the Website’s various functions
to manage the Customer Account creation procedure and run said account
to save and manage the User’s preferences
to process payments and manage billing and accounting
to handle and track orders and deliver Products
to respond to Users’ demands and requests and communicate with them, including to ask them for their opinion on the services provided by THE EXPLORERS and the major changes and developments in the services offered by THE EXPLORERS
to run all the competitions, sponsorships or promotional activities offered on the Website, including naming winner(s) and awarding prize(s)
to send the User newsletters, promotional offers and marketing messages generally and enable the User to subscribe to or unsubscribe from this type of communication
to manage the Website and its operating functions (including logistics), resolve any technical problems and improve and develop new functions according to the use by and/or feedback and requests from Users
to measure the performance of the Website or Application and services, and, for example, the number of pages viewed or the number of clicks, and to produce statistics and use them internally
to apply legislation, the current regulations and the General Terms and Conditions of Sale.

4. What is our legal basis for processing your data?

Some of the processing performed by THE EXPLORERS as part of provision of the services offered on the Website is:

necessary for fulfilling the contract between the User and THE EXPLORERS or for carrying out pre-contractual measures: these are processing operations for managing the Customer Account creation and management procedure, providing various services and functions accessible from the Website, managing orders and their delivery, processing payments, responding to information requests via the “Contact” form or, in general, whenever contact is made and participating in any type of competition.

based on the legitimate interests of THE EXPLORERS (including its economic interests): these are processing operations for managing the Website and its operating functions (including logistics), resolving any technical problems, improving and developing new functions according to use by and/or feedback and requests from Users, producing statistics and lastly sending marketing messages. In fact, these processing operations help THE EXPLORERS to improve its services and therefore benefit both the User and THE EXPLORERS without infringing the User’s fundamental interests, rights and freedoms.

It is also specified that for marketing operations and the placing and reading of cookies, the User’s consent is specifically obtained when so required by applicable legislation and that the User always has the right to object or withdraw their consent.

necessary to comply with a legal obligation: these are processing operations for managing billing and accounting.

5. How do we protect your personal data and keep them secure?

THE EXPLORERS undertakes to take all technical and organisational measures to ensure personal data is protected and secure, in particular with regard to any loss, alteration, dissemination or illegal use.

THE EXPLORERS shall ensure that such measures are implemented on all of its processing operations, including when personal data is collected, stored and hosted.

In this regard, THE EXPLORERS shall also ensure that the third parties it may use (technical providers, suppliers) meet this requirement to protect the User’s personal data by implementing appropriate measures, in accordance with the Applicable Regulations. The technical and organisational measures implemented may include the use of secure registration forms, the encryption of certain data (such as banking data) and restricted access to personal data.

THE EXPLORERS requires the User to take the utmost caution when disclosing their personal data to third parties as well as their personal usernames and passwords for accessing the Website.

Some messages or requests may come from fraudsters trying to obtain personal information about the User in order to use it fraudulently (phishing). If the User receives a message which appears to be a phishing attempt, they should not reply to it or open the attachments, images or links contained in the message. The User can report it by sending an e-mail to shop@theexplorers.com and on www.signal-spam.fr.

6. Who do we pass your data to? Who has access to your data?

Communication of Users’ personal data to the employees of THE EXPLORERS and companies in THE EXPLORERS group:

The User’s personal data are accessible to employees of THE EXPLORERS and companies in THE EXPLORERS group, if such people need to access them for the purposes mentioned in Article 3 above, i.e. mainly to provide Users with the services in the proper manner. The internal departments of THE EXPLORERS and THE EXPLORERS group who may have access to the Users’ personal data are the IT department, the technical support department and the marketing/sales department.

The companies in THE EXPLORERS group which can have access to your data are: Sigave Production Australe, The Explorers Foundation and Inventory Films.

Communication of Users’ personal data to third parties:

Communication to service providers:

THE EXPLORERS may give third-party service providers acting as subcontractors under the Applicable Regulations access to the Users’ personal data in order to perform Website-related services or data processing services, including for payment, hosting, storage, analysis, marketing, communication, data processing, database management and computer maintenance. These providers only act on instructions given by THE EXPLORERS and shall only have access to Users’ personal data in order to perform these services. They shall be bound by the same security and confidentiality obligations as THE EXPLORERS.

Communication to the companies in THE EXPLORERS group and business partners for marketing purposes:

The Users’ personal data are not communicated or transferred to third parties for commercial or promotional purposes, unless the User has given their prior express consent.

The User’s choice to receive marketing offers and messages from THE EXPLORERS, companies in THE EXPLORERS group and/or its partners is subject to them giving their prior express consent by ticking the relevant box when they are requested to provide personal data.

The companies in THE EXPLORERS group and the business partners which can have access to your data for marketing purposes in the case of express consent are: Sigave Production Australe, The Explorers Foundation and Inventory Films.

If the User no longer wishes to receive marketing offers and messages, they can unsubscribe at any time using the link at the bottom of each message received or by contacting THE EXPLORERS by e-mail: shop@theexplorers.com

Other types of communication:

Furthermore, the User’s personal data may be shared with third parties for the following reasons:

- In connection with a merger, acquisition or sale of all or part of the assets of THE EXPLORERS, of which the User acknowledges that they have been informed

- In response to any kind of judicial or administrative proceedings or law enforcement measures required by the appropriate authorities

- To comply with legal obligations, to protect an individual’s rights and/or safety, to protect the rights and the property of THE EXPLORERS, including the requirement to see the General Terms and Conditions of Sale and prevent fraud and security problems and technical issues.

7. Transfer of personal data outside the European Union

The Website is hosted in France and in Europe on third-party provider servers.

The Users’ personal data are processed by THE EXPLORERS using various software and applications. These software and applications are hosted on secure servers in France and in Europe under conditions which comply with the Applicable Regulations.

THE EXPLORERS requires these providers to take all technical and organisational measures, in accordance with the Applicable Regulations, to guarantee an appropriate level of protection for the Users’ personal data.

8. How long do we keep your personal data?

THE EXPLORERS only keeps the User’s personal data for a limited period of time necessary for the purposes for which they were collected or processed in accordance with the description in Article 3 of this Policy. This period of time is determined according to the type of data in question, the purpose of the processing involved, the applicable legal obligations in each country and the applicable statutory time limits which vary in each country depending on the data and the purposes of the processing.

The User’s personal data are kept for the following periods of time:

for Customer Account holders: all Customer Account data are kept for the entire length of time the Customer Account is used. The data are then archived for the applicable statutory time limit. The data necessary for billing and accounting purposes are kept for the length of time set by the applicable legal obligations (i.e. 10 years).

for prospective customers contacting THE EXPLORERS via the contact form or any other means of communication at their disposal: the data are kept for three (3) years from the last contact.

9. What rights do you have?

In accordance with the Applicable Regulations, each User has the following rights over their personal data:

right to be informed: you have the right to obtain clear, transparent, comprehensible and easily accessible information about how we use your personal data and about your rights. This is why we are providing 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, including due to its repetitive nature) and to obtain a copy of them. If you would like to access the data we have about you, please contact us using the contact details below.
right to rectification: you have the right to have your personal data rectified if they are inaccurate or outdated and/or completed if they are incomplete (provided that the request is not manifestly unfounded or excessive, including due to its repetitive nature). If you wish to change your personal data, you can either go to your Customer Account and edit the inaccurate data yourself or contact us using the contact details below.
right to erasure: in some cases, you have the right to have your personal data erased or removed. This is not an absolute right as we may have to keep your personal data for legal or legitimate reasons. If you would like us to erase your data, please contact us using the contact details below.
right to restrict processing: this right means that our processing of your data is limited, so that we can keep such data, but cannot use them or process them. This right applies in special circumstances, i.e.:

- In cases where the accuracy of the personal data is contested by the data subject (i.e. you). Processing is then restricted for a length of time to allow THE EXPLORERS to check 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 the personal data and requests restriction of their use instead

- In cases where THE EXPLORERS no longer needs the personal data for processing purposes, but the data subject still needs them to establish, exercise or defend a legal claim

- In cases where the data subject (i.e. you) has objected to the processing based on legitimate interests pursued by THE EXPLORERS during the verification as to whether or not the legitimate grounds pursued by MTA override those of the data subject.

If you would like to obtain restricted processing, please contact us using the contact details below.

right to object to the processing of your personal data when the processing is based on the legitimate interests of THE EXPLORERS (to determine which processing is involved, we refer to this point in Section 4 of this Policy): you can object to the processing of your personal data at any time for reasons relating to your particular situation, unless THE EXPLORERS shows legitimate and compelling reasons for processing such data which override your interests, rights and freedoms, or when such data are necessary for establishing, exercising or defending a legal claim. If you would like to exercise your right to object or obtain further information about the procedures for exercising this right, please contact us using the contact details below.
right to object to direct marketing: you can, at any time, unsubscribe from or object to receiving marketing messages from THE EXPLORERS and the companies in its group. Simply click on the link in the footer of the communications you receive from THE EXPLORERS and the companies in its group or send a message using the contact details below. It is, however, specified that some electronic communications shall continue to be sent from THE EXPLORERS, including communications transmitting order confirmations, invoices and delivery tracking.
right to data portability: you have the right to receive your personal data which you have provided us with and which we possess about you, in a structured, commonly used and machine-readable format. This only applies to data you have directly or indirectly provided and only when the processing is based on your consent or the fulfilment of a contract and when it is performed using automated processes. Please read the list of legal bases for our personal data processing operations (see Section 4 of this Policy) to find out if our processing is based on a contract or consent. To exercise your right to data portability or obtain further information, please contact us using the contact details below.
If you are a User who lives in France, the right to give us particular instructions regarding what happens to your personal data after your death.
right to lodge a complaint with a supervisory authority: you have the right to refer and lodge a complaint with your country’s data protection authority (https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm) in order to dispute the practices of THE EXPLORERS regarding personal data protection and privacy. However, please contact us using the contact details below before lodging any complaints with the relevant data protection authority.

To exercise these rights, the User may send a request by post to: THE EXPLORERS, The Explorers, 141 Avenue Félix Faure, 75015 Paris, or by e-mail to: shop@theexplorers.com

The request should specify the e-mail or postal address for reply. THE EXPLORERS shall have one (1) month to reply following receipt of the request.

10. Use of Cookies

When the User visits the Website or uses the Application, cookies or other trackers may be placed on their hardware (computer, tablet or mobile phone) depending on preferences set when logging in to the Website or the Application for the first time or at any time thereafter.

10.1. What are “cookies” and “other trackers”?

Cookies are small files which contain data generated when the User browses a Website or application. They are installed on the computer or any other communication device used by the User (telephone, tablet, TV).

Other tracking technologies such as invisible trackers, pixels and gifs operate in the same way as cookies.

Cookies and other trackers enable status information to be exchanged between the Website and/or the Application and the User’s browser or the device used by the User. Such data can reveal the type of browser used, the date and time of the visit, the IP address and the activities conducted on the Website.

They are used both to allow access to the services offered on the Website and/or the Application, including to remember the Customer Account login identifiers and allow you to remain authenticated from one page to the next, and to remember the screen resolution settings and the language in which you want the Website or the Application to be displayed. They are also used to track the User’s website activity and enable information to be collected on how the User uses the Website and/or the Application, thereby improving their functionality and the User’s experience of the Website or the Application.

10.2. Types of cookies used on the Website and/or the Application and purposes:

There are several types of cookie: session cookies and persistent cookies as well as cookies which are strictly necessary for operating the Website and/or the Application or the services offered on them and those that are not strictly necessary.

The Website and/or the Application place the following types of cookie:

session cookies, which are temporary and therefore automatically deleted from the User’s device each time they close their browser
persistent cookies, which remain on the User’s device for a period of time determined in the cookies and are activated each time the User visits the website which installed them
cookies which are strictly necessary and do not require the User’s consent
cookies which are not strictly necessary and do require the User’s consent.

Cookies which are strictly necessary

These cookies are necessary for operations relating to the services provided on the website in question. They are used to provide the User with the Website’s basic functions, such as operating the Customer Account, including to remember the Customer Account login identifiers and allow you to remain authenticated from one page to the next, and to remember the screen resolution settings and the language in which you want the Website or the Application to be displayed.

In particular, THE EXPLORERS uses the following cookies on the Website and the Application:

A PHP and ASP session cookie to authenticate members on the Website and store information about the User’s interactions.
An authentication cookie to enable the “Remember me” option to operate on the Website.

If the User prevents these cookies from being installed, they will no longer be able to use these functions and the website in question will not work properly.

Cookies which are not strictly necessary

In some cases, THE EXPLORERS uses third parties to place cookies when the Users browse the Website or use the Application. These are called third-party cookies.

i. Audience measurement cookies

THE EXPLORERS uses the “Google Analytics” analysis service provided by Google Inc. This service uses cookies (“_ga” and “_gid”) to analyse the use of THE EXPLORERS Website (browsing duration for each page, frequency of Website visits by the User, etc.).

All of the information gathered is transmitted and stored on a Google Inc. server located in the United States.

To find out more about how Google Analytics works and the way in which Google Inc. processes these data, the User should read the Google Inc. Privacy Policy https://policies.google.com/privacy?hl=en

ii. Social networking buttons and other cookies placed by the social networks

Cookies from certain social networks, such as Facebook, Instagram, Twitter, YouTube WhatsApp or Pinterest, may also be placed by each of the domains to allow the User to interact on social networks.

By browsing the Website, the User’s browsing data may be transferred directly to the platform of the social network in question, even without any direct interaction by you, simply as a result of the buttons being on our Website. THE EXPLORERS does not monitor the placing and use of such cookies by these third parties. Please read the privacy policy of each of those social networks to find out more about how those cookies work.

When the User uses the "share" buttons, a third-party cookie is also installed. If the User is signed in to the social network when browsing the Website, the “share” buttons allow the content viewed to be linked to the Customer Account and so enable direct sharing on the social networks in question.

Furthermore, once the User registers or signs in via this tool, third-party cookies are installed. These cookies are used by Facebook to provide advertisements and make recommendations for companies and other organisations.

THE EXPLORERS is in no way involved in the installation or operation of such third-party cookies and does not have access to or control over such cookies. These cookies are subject to their own cookie policies which are available on each third-party Website concerned and which THE EXPLORERS recommends the User should read.

Consequently, THE EXPLORERS is not responsible for the data collected by those cookies and shall not be able to provide the User with any information regarding the nature of the information collected by those third-party cookies.

10.3. The User’s choice regarding cookies

As mentioned above, THE EXPLORERS asks the User for their consent to install third-party cookies directly on the banner which pops up on the Home page when the User first visits the Website.

These third-party cookies shall not be installed on the User’s browser without their consent or if they click on “I refuse”.

The User also has other ways to control or limit the way in which cookies can be installed and used by THE EXPLORERS or by third parties:

The User may decide to delete all or some of the cookies from their device using their browser settings
The User may decide to prevent the installation of some cookies on their device using their browser settings.

To find out more about how the User can manage or delete cookies from their browser, they can visit the following links, depending on the browser:

The User can also manage or delete sharing cookies (social networks) by visiting the following links:

Facebook: https://www.facebook.com/policies/cookies
Twitter: https://help.twitter.com/en/rules-and-policies/twitter-cookies
Whatsapp: https://www.whatsapp.com/legal/?lang=en#key-updates

The User’s attention is drawn to the fact that if they decide to block or disable all or some of the cookies which THE EXPLORERS places via its Website or its Application, the Website concerned may not function properly and the User may be unable to benefit from all the services and functions provided through the use of cookies.

To find out more about cookies and how to manage them, the User can also visit the following websites: www.youronlinechoices.eu and www.allaboutcookies.org.

If the User has any questions or comments on the way in which THE EXPLORERS uses cookies and other trackers, they can contact THE EXPLORERS by e-mail at: contact@theexplorers.com

11. Amendment of the Privacy Policy

This Policy may be amended by THE EXPLORERS at any time. In this case, the date the Policy is updated shall be updated and indicate the day when the amendments were made.

If THE EXPLORERS makes significant amendments, the Users shall be informed by e-mail. If the Policy is amended, the new version in force shall apply to the User from when they log in to the Website in question.

If there is a dispute between the User and THE EXPLORERS, the Policy to be taken into account shall be the one in force at the time the facts giving rise to the dispute occurred.

12. How to contact us

In general, if the User has any questions or comments regarding this Policy or the use made of their data by THE EXPLORERS, they can contact THE EXPLORERS at: shop@theexplorers.com