This Privacy Policy explains how Société Burgensia SARL collects, uses, stores, protects and may disclose personal data in connection with burgensia.com, including enquiries, quotation requests, customer accounts, orders and related business communications.
Legal framework: This policy is principally intended to reflect Madagascar Law No. 2014-038 on the protection of personal data, including Articles 1, 2, 4–8, 14–17, 20, 22–27, 43–53 and applicable provisions concerning security, formalities and individual rights. It should be read together with the Cookie Policy, Terms and Conditions, and Refund and Returns Policy.
1. Data controller and contact
The controller responsible for personal-data processing carried out by Burgensia is Société Burgensia SARL, Madagascar.
Registered information includes NIF 5005785442, STAT 07294712021001853 and Export Code MGREX5005785442. Registered address: Lot 3.084.08 Tanambao Nord, Antsiranana, Madagascar.
Privacy contact: Office@Burgensia.com.
2. Scope and applicable law
Law No. 2014-038 applies to personal-data processing carried out wholly or partly in Madagascar and to processing covered by its territorial rules, including where the controller is established in Madagascar (Articles 5 and 6). Burgensia applies this policy to personal data processed through the website and associated commercial activities.
3. Personal data we may collect
Depending on the service used, Burgensia may process: name and job title; company name; email address; telephone number; billing and delivery details; account credentials and account-related information; quotation and purchasing information; order, invoice and transaction information; shipping and customs information; messages and documents voluntarily submitted; and technical information generated when using the website, such as browser, device, IP address and cookie or similar-technology information where applicable.
Burgensia does not intentionally request sensitive personal data through ordinary commercial forms. Sensitive data is subject to the restrictions and safeguards of Article 18 of Law No. 2014-038.
4. Mandatory and optional information
Information required to provide a requested service, prepare a quotation, create or administer an account, fulfil an order, issue commercial documents, deliver goods or comply with a legal obligation may be mandatory. Other information may be optional. Where a form requires information, Burgensia will seek to make the distinction clear through the form or surrounding notice, in accordance with Article 27 of Law No. 2014-038.
5. Purposes of processing
Personal data may be processed to respond to enquiries; prepare and manage quotations; communicate with prospective and existing customers; create and administer customer accounts; process and fulfil orders; arrange payment, shipping, customs and logistics; issue invoices and commercial documents; provide customer support; manage contractual and pre-contractual relationships; maintain website security and functionality; analyse website performance where applicable; prevent fraud or misuse; comply with legal and accounting obligations; and send commercial communications where permitted and where the person has not exercised a right to object.
Under Article 14 of Law No. 2014-038, data must be collected fairly and lawfully for determined, explicit and legitimate purposes and must not be used subsequently for incompatible purposes unless permitted by law or otherwise lawfully authorised.
6. Legal grounds for processing
Depending on the circumstances, processing may be based on the person’s consent or on another legal basis recognised by Article 17 of Law No. 2014-038, including compliance with a legal obligation, protection of vital interests, performance of a contract or pre-contractual measures requested by the person, or Burgensia’s legitimate interest where that interest does not override the person’s fundamental rights and freedoms.
7. Accuracy, minimisation and retention
Burgensia seeks to keep personal data adequate, relevant, accurate and complete for the purposes for which it is processed. Personal data is not intended to be retained in identifiable form for longer than necessary for the relevant purpose, subject to contractual, accounting, tax, legal, dispute-resolution, security and other legitimate retention requirements. These principles reflect Article 14 of Law No. 2014-038.
When a retention period is prescribed by a declaration, register, applicable law or other binding requirement, Burgensia will retain the relevant information for that period and securely delete, anonymise or otherwise dispose of it when retention is no longer justified, subject to applicable legal requirements.
8. Service providers and recipients
Burgensia may disclose or make personal data available only where reasonably necessary to operate the business or where legally permitted or required. Recipients may include website hosting and infrastructure providers, WordPress.com and related service providers, payment providers, banks, shipping and logistics providers, customs or other authorities, professional advisers, security providers, analytics or communication providers, and other processors acting on Burgensia’s instructions.
Where a processor handles personal data for Burgensia, Burgensia remains responsible for appropriate instructions, confidentiality and security arrangements as required by Article 16 of Law No. 2014-038.
9. International transfers
Because Burgensia operates internationally and uses service providers that may process information outside Madagascar, personal data may in some circumstances be transferred internationally. Article 20 of Law No. 2014-038 regulates transfers to foreign states and requires an appropriate level of protection or another legally recognised safeguard or exception. Burgensia will apply the safeguards required by Article 20 to transfers falling within its scope.
10. Security and confidentiality
Burgensia takes reasonable technical and organisational precautions appropriate to the nature of the information and the risks involved to protect personal data against accidental or unlawful destruction, accidental loss, alteration, unauthorised disclosure or unauthorised access. These obligations reflect Article 15 of Law No. 2014-038.
11. Cookies and similar technologies
Burgensia uses cookies and similar technologies only as described in its Cookie Policy. Necessary technologies may be used to provide requested website, account, security and shopping functions. Analytics, advertising or other non-essential technologies, where enabled, are subject to the applicable information and consent or objection requirements. Article 27 of Law No. 2014-038 requires clear information about electronic access to information stored on a user’s device and the means available to oppose it, subject to the statutory exceptions.
12. Your rights
Subject to the conditions and limitations of Law No. 2014-038, individuals have rights including:
- Right to information under Article 27, including information about the controller, purposes, mandatory or optional information, categories of data, recipients, rights and relevant transfers.
- Right to object under Article 22, including a specific right to object to the use of personal data for direct prospecting without having to establish a legitimate reason.
- Right of access under Article 23, including information about purposes, categories, recipients, the data concerned and available information about its origin.
- Right to rectification, completion, updating, blocking or deletion where applicable under Article 25 where data is inaccurate, incomplete, ambiguous, outdated or unlawfully collected, used, communicated or retained.
Requests should be sent to Office@Burgensia.com. Burgensia may request reasonable information necessary to verify the identity of the requester and protect personal data against unauthorised disclosure. Rights may be subject to the exceptions provided by law, including the rules concerning manifestly abusive requests in Article 24.
13. Marketing and commercial communications
Burgensia may send commercial communications where legally permitted and appropriate to the relationship. A person may object to the use of their data for prospecting at any time, without having to provide a legitimate reason, in accordance with Article 22. Requests may be made through the communication itself where an unsubscribe mechanism is provided or by contacting Office@Burgensia.com.
14. Personal-data compliance formalities
Law No. 2014-038 contains formal requirements for personal-data processing. Article 43 establishes the principle of prior declaration for covered automated processing and a register of processing; Article 45 addresses private-sector processing; Article 46 provides for prior authorisation for processing presenting particular risks; Article 47 allows simplified declarations or exemptions established by the CMIL; and Articles 51–53 address the data-protection delegate and related formalities. Burgensia will maintain and update the formalities applicable to its processing activities, including any required declaration, register, authorisation, exemption or data-protection arrangements.
15. Complaints and the CMIL
Burgensia encourages individuals to contact Office@Burgensia.com first so that a privacy concern can be reviewed and, where appropriate, corrected. The Commission Malagasy de l’Informatique et des Libertés (CMIL) is the independent authority established by Article 28 of Law No. 2014-038 to oversee personal-data protection.
16. Changes to this Privacy Policy
Burgensia may update this Privacy Policy when its services, processing activities, technologies or legal obligations change. The current version will be published on this page. Where a change materially affects how personal data is processed, Burgensia will provide information required by applicable law.
17. Legal references
Principal reference: Madagascar Law No. 2014-038 on the protection of personal data, including Articles 14 (principles), 15 (security), 16 (subcontracting), 17 (legitimation), 20 (international transfers), 22 (objection), 23 (access), 25 (rectification), 27 (information), 28 (CMIL), 43–47 (formalities), and 51–53 (data-protection delegate).