THE NIWAKI SARL

VAT N° FR 80 000 155 449

General presentation:

The website http://www.theniwaki.com is published by the restaurant THE NIWAKI, “Le Palais de la Plage”, 37 avenue Princesse Grace, 98000 Monaco

Personal information:

In application of article 14 of the Monegasque law of December 23, 1993, allows you to exercise your rights of access, rectification and deletion of personal data concerning you, by contacting THE NIWAKI SARL.

Copyright:

The reproduction or representation, in whole or in part, of the pages, data and any other element constituting the site, by any process or medium whatsoever, is prohibited and constitutes, without the publisher’s authorization, an infringement.

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Cookies policy

The use of session cookies (which are not permanently generated on the user’s computer and which disappear when the browser is closed) is strictly limited to the transmission of session identifiers (made up of numbers generated at the by the server) necessary to ensure safe and efficient browsing on the site.

• The session cookies used on this site avoid having recourse to other computer techniques which can cover user browsing and do not allow the acquisition of personal identification data of the user.

• This website uses certain systems to analyze user navigation in order to produce statistics on visits or to improve the content offered, display similar products and position any targeted advertising on the web pages. The system used is Google Analytics, a web analytics service provided by Google, Inc. – http://www.google.com/intl/fr/policies/privacy/

• The user can, however, refuse to use cookies by choosing the appropriate settings on his browser, which may prevent the use of all the functionalities of the website. By using this site, the user authorized Google to process his data in the manner and for the purposes above.

• Most web browsers are configured to automatically accept cookies. This means that the user can at any time configure his browser to accept all cookies, only some of them or none, by deactivating their use by the websites. In addition, he can generally configure the preferences of his browser in order to be informed as soon as a cookie is saved on his browser. At the end of each web session, you can also delete the cookies collected from your hard drive. Each browser has different procedures for managing the browsing settings to resolve the cookies installed in the cookie file.

• To find out more about cookies, visit: www.youronlinechoices.com/it www.networkadvertising.org e www.digitaladvertisingalliance.org.

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Customer Privacy Policy

The privacy and protection of our customers’ personal data is a central focus for the THE NIWAKI SARL. This Privacy Policy describes the personal data we collect, how it is processed, customers’ rights and how to exercise them.

1. PERSONAL DATA COLLECTED BY THE NIWAKI SARL

 The personal data we may collect comes from 3 different sources:

 Data collected from customers

 Data supplied by third parties (partners or service providers)

 Data collected automatically

This data includes the following:

1.  Identity and family status (title, surname, first name, status, etc.)

2.  Address and contact details (email address, postal address, mobile no., etc.)

3.  Education and career (qualifications, jobs, etc.)

4.  Financial details (bank card no., payment methods)

5.  Consumption of goods and services, preferences and areas of interest (transactions; date, place and amount of expenditure; activities, etc.)

6.  Electronic identification data (customer identification no., IP address, location data, MAC address, etc.)

7.  Time and location information (monitoring of activities, cookies, logs, geolocation, etc.)

8.  Loyalty programmes of the Group and its partners, loyalty programme membership no., etc.)

9.  Health information provided by the customer (allergies, disabilities, etc.)

2. USE OF DATA

Your personal data is used by THE NIWAKI SARL for the purpose of managing and delivering the services provided to you and without which THE NIWAKI SARL  would be unable to provide or render these services.

This use covers, firstly, the management of offers, the monitoring of services and, more generally, our entire business relationship (subscription to the Group’s newsletter or communication materials ; visits to our channels; quotes; reservations; orders; subscriptions; loyalty accounts; Wi-Fi or home automation services; reviews; surveys; information and marketing communications through all the means of communication you have provided for this use; and your contributions and posts on the Group’s accounts, social media or mentioning hashtags, brands, events, places, offers, services, products, Group channels, etc. (including through third parties)).

 THE NIWAKI SARL may also use your data to evaluate and improve its services and to develop new ones, as well as to run loyalty campaigns, target potential customers, conduct surveys and carry out promotional activities. Unless you object, you may receive offers from THE NIWAKI SARL or its business partners through all the means of communication you have provided for this use for services similar to those offered by THE NIWAKI SARL. With your express consent, THE NIWAKI SARL may,through all the means of communication you have provided for this use, send you marketing information for services that are not similar to those already provided.

 This data will be stored for as long as is necessary for these purposes and for a maximum of three years from the date of the end of the business relationship with regard to direct marketing. THE NIWAKI SARL  may also use your data to meet its legal requirements (in particular the fight against fraud and money laundering) and/or in response to requests from public and governmental authorities.

3. PERSONAL DATA ACCESS AND CUSTOMER RIGHTS

In accordance with Regulation (EU) 2016/679 of 27 April 2016 and amended (Monegasque) Law No. 1.165 of 23 December 1993, you have a right of access to and a right to the rectification, erasure and portability of your personal data as well as a right to object and restrict the processing of this personal data. You may also define the instructions for the outcome of your personal data after your death. With proof of your identity, you may exercise your rights by contacting the Data Protection Officer (DPO) by email at contact@theniwaki.com. If, after contacting the DPO, you do not feel that your rights have been observed, you may make a claim with the French Data Protection Authority (CNIL – Commission Nationale de l’Informatique et des Libertés) or the Monegasque authority, the Commission for Control of Personally Identifiable Information (CCIN.mc – Commission de Contrôle des Informations Nominatives). The data which THE NIWAKI SARL needs for the purpose for which they were collected, necessary for compliance with a legal obligation and/or for the establishment, exercise or defence of rights in court, may not, however, be deleted.

4. SUBCONTRACTING OF PERSONAL DATA PROCESSING

Your personal data is processed by THE NIWAKI SARL, its subcontractors or partners for the purpose of managing and delivering the services you have requested or authorised. Your data may also be transferred to third-party service providers who provide services or support and advice to THE NIWAKI SARL. On request, data may also be transferred to persons and authorities whose right to access personal data is recognised by the law, regulations or provisions issued by the legally competent authorities. Subcontractors and partners of THE NIWAKI SARL may be located outside the European Union. When a subcontractor or partner is located in a country that has not been recognised as having an adequate level of protection, THE NIWAKI SARL requires it to comply with its own requirements on the security and privacy of your personal data and to process your data only for the purposes it has identified. These subcontractors and partners will have previously signed the standard Contractual Clauses of the European Commission.

5. PERSONAL DATA RETENTION

Your personal data is stored in our databases in Monaco or in those of our subcontractors for a period in accordance with legal provisions or proportional to the purposes for which they were saved. In some cases, and mainly for technical reasons, your data may be stored on servers located outside of Monaco or the European Union.

Depending on whether we have an ongoing contractual relationship (you are an active customer), whether we have had a contractual relationship with you in the past (you are an inactive customer) or whether we have never had a relationship of this kind with you (you are a prospective customer), the retention periods may vary. The data that is linked to your browsing on our online services and collected by cookies that you authorised have a specific retention period indicated in our cookie policy.

The table below lists the main retention periods for your data.

In any case, we regularly revise the relevance of any information we hold. When their retention is no longer justified by commercial requirements or requirements related to the management of your customer account or if you have exercised a right of modification or erasure, we will securely delete them (with the exception of data necessary to establish proof of a right or contract).

• Data category: Civil status, contact data

• Purpose: Creation and management of a prospective customers file

• Retention period: 3 years, starting with the collection of data or the last communication from the prospective customer

• Data category: Civil status, contact data, Lifestyle habits, economic and financial information

• Purpose: Management of the customer and provision of subscribed services, concierge services, data relating to bill payments

• Retention period: duration of the contractual relationship or 10 years for financial data

• Data category: Civil status, contact data, social network username

• Purpose: completing tasks for loyalty cards, prospective customers, studies, surveys, promotions and offers, complaint management

• Retention period: duration of the contractual relationship or 3 years, starting with the data collection or last communication.

• Data category: Contact data

• Purpose: Sending personalised marketing communications

• Retention period: Maximum of 3 years, starting with unsubscribing or last communication from customer

Data category:

• Civil status: Civility, surname, first name, date of birth, place of birth, address, postal code, city, country, nationality, passport number or identity card

• Contact data: E-mail, telephone number, fax

• Lifestyle habits: Room number, shoe sizes, contact preferences, contact language, tastes and preferences

• Economic and financial information: Banking information, subscription, payment method, card number

6. PERSONAL DATA SECURITY

THE NIWAKI SARL implements the necessary measures to protect the personal data it processes. Your data is processed electronically and/or manually, and in any case, in such a way to ensure its security, protection and privacy appropriate for its sensitivity level, through administrative, technical and physical measures to prevent loss, theft and unauthorised use, disclosure or changes. In case of breach of your personal data liable to pose a high risk to your rights and freedoms, THE NIWAKI SARL shall inform you as soon as possible and take all necessary measures to limit the risks related to this breach. Whether your data is processed by THE NIWAKI SARL or by its subcontractors and partners, the same security and privacy requirements apply to your personal data.

In particular, we have:

• appointed a data protection officer;

• established a unit dedicated to information system security;

• raised awareness of privacy requirements among our employees who need to access your personal data;

• secured access to our premises and IT platforms;

• implemented a general IT security policy for the company;

• secured data access, sharing and transfer;

• and we maintain high standards for data protection when selecting our subcontractors and partners.

7. COOKIES AND OTHER TRACKERS

THE NIWAKI SARL uses cookies on its websites and e-mail-opening trackers for statistical reasons. These cookies and trackers do not exceed 13 months. To learn more and configure them, please consult our cookie policy.

8. PRIVACY POLICY UPDATE

This Privacy Policy may be subject to change, in particular due to legislative and regulatory developments. In this case, the most recent version will be directly accessible on this page.

9. THE NIWAKI SARL

THE NIWAKI SARL with capital of 15,000 euros, registered in the Monaco Trade and Industry Registry under the number 21 S 08767 and with intra-community VAT no. FR 80 000 155 449.

Headquarters: THE NIWAKI SARL, Palais de la Plage, 37 avenue Princesse Grace – MC 98000 Monaco.