- Publication : lundi 15 février 2016 16:36
(Texte en cours de traduction)
Ekinops, a company organized and existing under the laws of France, registered with RCS Saint Brieuc TGI 444 829 59, France (“The Company”), processes Personal Data (as defined below) in the course of its business activity, including the Personal Data of persons visiting the websites operated by it (the “Website”).
The purpose of this “Privacy and Data Protection Statement ” (the “Statement”) is to inform all concerned data subjects (further used as “You” or “Your” in this statement) about how and why The Company, as the data controller, collects and uses such Personal Data and about how You may control such use.
By “Personal Data” is understood all information that permits identifying a person, either directly (ex: by his or her name, first name or date of birth), or indirectly by reference, as the case may be, to an identification number, or to one or more factors that are specific to that person, or else by cross-referencing data.
When Personal Data is “processed” this includes the use, storage, recording, transfer, adaptation, analysis, modification, notification, sharing and destruction of Personal Data as appropriate under the circumstances or as required by law.
This Statement may be updated according to particular needs of The Company or if the law or regulations so require. We encourage you to check for updates from time to time.
1/ Purposes pursued by The Company
We may use your personal information for the purposes of operating our business, delivering, improving, and customizing our websites and Solutions, sending marketing and other communications related to our business, and for other legitimate purposes permitted by applicable law. Some of the ways we may use personal information include:
- Allowing You, at Your request, to be contacted by The Company and obtain, by phone or email, information about The Company, its solutions, products, services and events;
- Allowing You, at Your request, to benefit from a product demonstration or test;
- Allowing You to be contacted, by phone or email, for sales prospections and/or solicitations tailored to Your interests;
- Creating an account.
- Providing customer service.
- Processing your order, including payment transactions. To provide our products, services, events, websites, communities, training, certifications and other business offerings.
- For marketing, advertising and other communications (including customizing and tailoring all of them for the particular recipient).
- To manage our relationships with customers, partners, suppliers, event attendees, and others.
- For surveys and other market research.
- To enforce the legal terms that govern our business and online properties.
- To comply with law and protect rights, safety and property.
- For other purposes requested or permitted by our customers or users, or as reasonably required to perform our business.
The Company may also use Your Personal Data for technical purposes (e.g. data deduplication), administrative purposes (e.g. sales statistics) or for any other purpose required by applicable legislation (for example, to notify You of any change made to this Privacy and Data Protection Statement).
2/ Personal Data collected
In accordance with the principle of minimization, the collection of Your Personal Data by The Company is limited to that which is strictly necessary for the purposes identified above.
You are free to provide Your Personal Data or not. However, your refusal to provide Your Personal Data in whole or in part may make it impossible to achieve all or some of the purposes indicated above.
For the purpose of operating our business, (i) receiving email communications on The Company, its solutions, products, services and events, and (ii) of being contacted for surveys, for the pre-booking of The Company events and for sales prospections, the information may include the following, as applicable :
- Contact details and professional details, e.g., name, email address, phone number, title and name of company Name, first name, Work e-mail address, Work phone number, Company, Job Title.
- Information about actual or prospective customer personnel’s other interactions with The Company, e.g., procurement and customer service.
- Information about actual or prospective users’ interests.
For the purposes of submitting either a spontaneous job application or applying for a job offer or an internship opportunity featured on the website of The Company, the information collected is:
- E-mail address.
- Résumé, cover letter and all information displayed on such documents.
This information is stored for the time necessary to fulfill the purpose of recruitment. The candidate retains the right to have his/her data deleted at any time upon request.
3/ Legal basis for the processing of Your Personal Data
The legal grounds on which The Company relies to use or disclose personal data are as follows:
- Legitimate interests: In most cases, we handle personal data on the ground that it furthers our legitimate interests in commercial activities such as the following in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals:
- Protecting our business, personnel and property
- Customer service
- Analyzing and improving our business; and/or
- Managing legal issues
We may also process personal data for the same legitimate interests of our customers and business partners.
- To honor our contractual commitments to the individual: Some of our processing of personal data is to meet our contractual obligations to individuals, or to take steps at customers’ request in anticipation of entering into a contract with them.
- Consent: Where required by law, and in some other cases, we handle personal data on the basis of consent. Where legally required (e.g., for the use of fingerprints for security purposes in certain jurisdictions), this is explicit consent.
- Legal compliance: We need to use and disclose personal data in certain ways to comply with our legal obligations.
4/ Personal Data recipients
Your Personal Data being confidential, only persons who by virtue of their duties are duly authorized by The Company have access to Personal Data, without prejudice to the possible transmission thereof to the bodies charged with a monitoring or inspection task in accordance with applicable legislation.
All persons who have access to Your Personal Data are under a duty of confidentiality and are subject to disciplinary measures and/or other penalties if they do not comply with this duty.
These persons are authorized staff within The Company, as the case may be and based on their credentials, in The Company marketing, commercial, finance, and IT departments, as well as the persons to whom they report.
Your Personal Data is also processed in the Salesforce.com software as a service CRM application, edited and hosted by Salesforce.com, used by The Company commercial authorized persons to contact You for sales prospections and/or solicitations, and accessed by The Company authorized marketing, commercial and finance persons for sales statistics and accounting purposes.
In deviance from the above, Your Personal Data submitted with a Job application shall solely be accessed by The Company’s human resources department, as well as the persons of another department who are responsible for the related job position and the persons to whom such person reports.
5/ Personal Data transfers outside the European Union
Your Personal Data may be accessed by The Company authorized staff located outside of the European-Union.
Your Personal Data may be stored on The Company servers located outside of the European-Union.
Your Personal Data may be stored on third party servers located outside of the European-Union.
6/ Security of Personal Data
The Company strives to secure and protect Your Personal Data, to ensure the confidentiality of such data and prevent such data from being altered, damaged, destroyed or disclosed to unauthorized third parties.
Whenever the disclosure of Personal Data to third parties is necessary or authorized, The Company shall ensure, as the data controller, that such third parties guarantee the same level of protection to the relevant data as that afforded by The Company, and require contractual guarantees to ensure, in particular, that the data is processed only for the purposes previously accepted by You, with all of the requisite security and confidentiality.
The Company has put in place technical and organizational measures to ensure that Personal Data is stored in the most secure manner possible, during the entire period necessary to fulfil the purposes for which such data was collected in accordance with applicable legislation.
Although The Company takes all reasonable steps to protect Your Personal Data, no storage or transmission technology is entirely fail-safe.
In accordance with applicable European legislation, in case of an averred breach of Personal Data that is likely to result in a high risk to the rights and freedoms of the data subjects, The Company may have to provide notice of such breach to the competent supervisory authority and, when required by such legislation, to the data subjects (through general or individual notices, as appropriate).
Without prejudice to the foregoing, You should help prevent any unauthorized access to Your Personal Data.
7/ Personal Data Retention Period
The Company only keeps Your Personal Data for the time necessary to fulfill the purpose of collection, subject to legal archival possibilities and/or legal requirements concerning the retention of certain data.
To provide security and business continuity for the activities described in this Privacy Statement, we make backups of certain data, which we may retain for longer than the original data.
You may, at any time, unsubscribe from all The Company communications, on the “Manage Your Subscription” page accessible through a link provided in each email communication. In case You unsubscribe from The Company communications, Your Personal Data collected and processed by The Company shall be erased.
8/ Links to websites not controlled by The Company
The Website may provide links to third-party websites that may be of interest to You.
The Company has no control over the content of third-party websites or over their practices as regards the protection of any Personal Data they may collect. Accordingly, The Company disclaims any and all liability regarding the processing of Your Personal Data by such third parties. You are responsible for reviewing such third-party privacy and personal data protection policies.
When browsing the Website, cookies may be placed on Your terminal (computer, mobile, tablet), subject to the choices You have previously expressed in your navigator parameters and which you may modify at any time.
A cookie is a small text file containing information about the user’s browsing on a website, the main purpose of which is to improve the user’s consultation of the website and permit access to personalized contents. Cookies may be temporary (in such case, the cookie will be deleted automatically upon closing the browser) or permanent (in such case, the cookie will remain stored in the terminal until the date it expires, that is to say a maximum of six (6) months).
The Company can also use the services of third-party service providers such as Google Analytics, Google AdWords, Google Plus, , to perform services for it, and in particular to: track and analyze browsing activity on the The Company website to establish our website performance .
10/ Individual rights and methods of exercise
10.1. Rights with respect to Your Personal Data
Subject to the limits provided by applicable legislation, You have the following rights with respect to Your Personal Data:
10.1.1. Right to information about the processing of the Personal Data
The Company strives to offer you information in a concise, transparent, intelligible and easily accessible form, in clear and plain language, on the conditions in which Your Personal Data is processed.
10.1.2. Right to access, correct and erase (or “right to be forgotten”) Personal Data
Your right of access permits you to obtain confirmation from The Company as to whether Your Personal Data is processed or not, information on the conditions of such processing, and to receive a copy (for any additional copy, The Company has the right to require the payment of reasonable fees based on the administrative costs incurred). If You make this request electronically, the information will be provided in a commonly used electronic form.
You also have the right to obtain the prompt correction by The Company of any Personal Data that is inaccurate.
Lastly, subject to the exceptions under applicable legislation (ex. retention required to comply with a legal requirement), You have the right to ask The Company to promptly erase Your Personal Data, when one of the following reasons applies:
- Your Personal Data is no longer necessary considering the purposes for which it was collected or processed;
- You wish to revoke your consent having served as the basis for the processing and there is no other basis justifying such processing;
- Your Personal Data has been the subject of unlawful processing;
- Your Personal Data should be erased pursuant to a legal requirement.
10.1.3. Right to the limitation/restriction of processing of Personal Data
Applicable legislation provides that this right can be asserted in the following cases:
- When You contest the accuracy of Your Personal Data, during the time necessary to verify the accuracy of such data;
- When the processing of Your Personal Data is unlawful but You oppose the erasure thereof and instead demand the limitation of processing;
- When The Company no longer needs Your Personal Data but You still need such Personal Data for the establishment, exercise or defense of legal claims.
10.1.4. Right to Personal Data portability
This right permits You to receive Personal Data You have provided to The Company in a structured, commonly used and machine-readable format, and to transmit such data to another controller without hindrance from The Company.
Whenever this is technically feasible, You may request that Your Personal Data be transmitted directly to another data controller by The Company.
10.1.5. Right to revoke consent to the processing of Your Personal Data
The Company only processes Your Personal Data with Your consent.
You may revoke Your consent at any time by using the means made available to you for that purpose (hypertext link and procedure indicated below). However, in accordance with applicable legislation, the revoking of Your consent is only valid for the future and does not affect the lawfulness of processing carried out prior to such revocation.
If, despite The Company efforts to protect the confidentiality of Your Personal Data, You consider that Your rights have not been respected, You have the right to file a complaint with The Company using the below contact address.
11/ Contact The Company
For any query or request concerning this Privacy and Data Protection Statement and/or to exercise your rights as set out above, You may write to The Company, by electronic mail or postal mail to the addresses indicated below, enclosing a copy of Your signed identity document to:
The Company agrees to reply to you promptly, and in any case, within one month from receipt of Your query.
If necessary, considering the complexity and number of queries and requests sent to The Company, this period may be extended by two months. In such case, You will be informed of this extension and of the reasons for such extension.
If The Company is unable to respond favorably to Your query or request, it will inform you of the reasons for its taking no further action.
12/ Governing law and jurisdiction
The Company is subject to applicable European legislation on personal data protection, and in particular General Data Protection Regulation No. 2016/679 of 27th April 2016 (“GDPR”), and to any national legislation adopted in application thereof, on a subsidiary basis, and which might apply depending on the circumstances.
The Company operational headquarters being located in France, the lead supervisory authority for its activities within the European Union is the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés or “CNIL”).
In the event of a dispute which cannot be resolved amicably, the court of competent jurisdiction will be determined according to the applicable procedural rules.
EKINOPS uses as much effort as possible to ensure the correctness, reliability and accuracy of the content of the site, but we make no representations or warranties as to the content's correctness, accuracy or reliability. Technical features and specifications of products or technologies may be modified without prior notice.
Last updated: May 2018