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Data Protection Policy

 

INTRODUCTION

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, otherwise known as the General Data Protection Regulation (hereinafter GDPR) sets out the legal framework applicable to the processing of personal data. The GDPR strengthens the rights and obligations of data controllers, data processors, data subjects and data recipients.

Subsequently, and in order to implement the changes of the RGPD, the law n°78-17 of 6 January 1978 known as the Data Protection Act was amended by the law n°2018-493 of 20 June 2018 by the ordinance n°2018-1125 of 12 December 2018 on data protection.

The regulations applicable to the protection of personal data thus include the following texts:
- the RGPD;
- the French Data Protection Act (Loi Informatique et Libertés);

- the recommendations of the CNIL.

The present policy is taken in application of the regulations applicable to the protection of personal data, in particular under the RGPD.

We recognize that your privacy is very important and take it seriously. This Privacy & Cookies Policy (the Policy) describes Emercell's policies and procedures on the collection, use and disclosure of personal information of the persons (you, your) using our website (www.emercell.com) (the Website) and tells you about your privacy rights and how the law protects you.

By using the Website, you consent to our use of your Personal Data in accordance with this Policy.

We commit not use or share your Personal Data with anyone except as described in this Policy.

Capitalized terms are defined in section 15 (Definitions) of this Policy, unless the context otherwise commands.

This Policy describes:

  • -  Who we are and how to contact us

  • -  What Personal Data we collect

  • -  How we use your Personal Data and why

  • -  On which legal basis do we use your Personal Data

  • -  How we use cookies and other tracking or profiling technologies

  • -  Analytics and social media

  • -  Your rights relating to your Personal Data

  • -  Who we share your Personal Data with

  • -  How long we store your Personal Data

  • -  Where we store your Personal Data

  • -  How we protect your Personal Data

  • -  Our policy on children's privacy

  • -  Links to other websites

  • -  Changes to our Policy

  • -  Definitions used in this Policy

 

1. WHO WE ARE AND HOW TO CONTACT US

 

1.1. Who we are

Emercell SAS (Emercell, we, us or our) is a company organized under the laws of France, with its registered office at 36 Chemin de l’hôpital,
34270 Saint Mathieu-de-Tréviers, France, registered with the commercial register of the Montpellier, France, the RCS n° - B 790 608 814.

Unless indicated otherwise in this Policy, we are the Controller of your Personal Data.

If you have any questions about our practices or this Policy, please contact us at Emercell SAS, 36 Chemin de l’ hôpital 34270 Saint-Mathieu-de- Treviers, contact@emercell.com.

2. WHAT PERSONAL DATA WE COLLECT


2.1. Personal Data we collect directly from you

There are many occasions when you provide information that may enable us to identify you personally (Personal Data) while using the Website. The Personal Data we may collect from you is outlined below.

  • -  Identity Data: First name, surname.

  • -  Contact Data: Your e-mail address and telephone numbers.

  • -  Content Data: Any content you post through the Website not already

    included in another category, including without limitation, your

    questions, preference settings, answers or messages.

  • -  Technical Data: Your Internet protocol (IP) address, login data,

    browser type and version, time zone setting and location, browser

plug-in types and versions, operating system and platform, unique device identifiers, language preference, browsing activity, referring site, mobile network information and other technology on the devices you use to access our Website (see below, for more detail).

2.2. Personal Data from Third Party Sources

In addition to the Personal Data that we collect directly from you (as described in section 2.1 above), we may also collect certain of your Personal Data from third party sources, some of which may not be publicly available. Examples of these sources are broken down below.

Third party data source: Analytics Providers
Category(ies) or other types of Personal Data received: Behavioral Data, Technical Data

2.3. Special Categories of Personal Data

We do not purposefully collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sexual orientation, political opinions, trade union membership, genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

3. HOW WE USE YOUR PERSONAL DATA AND WHY We use Personal Data for the following purposes:

  • -  to answers any question you may ask us;

  • -  to provide, update, maintain and improve the Website;

  • -  to enhance security of the Website;

  • -  to perform research and analysis about your use of the Website;

  • -  to verify your identity and prevent fraud or other unauthorized or

    illegal activity.

We have set out below, in a table format, more detailed examples of relevant purposes for which we may use your Personal Data.

Purpose: Answer your questions
Why do we do this: To send communications via e-mail and within the Website, including to respond to your comments, questions and requests.

Purpose: Enhancing security
Why do we do this: To keep our Website and associated systems operational and secure, including, for example, verifying accounts and

activity, monitoring and investigating suspicious or fraudulent activity and to identify violations of our terms and policies.

Purpose: Update, maintain and improve the Website
Why do we do this: To enable us to improve the Website and better understand our users. For example, we may conduct or facilitate research and use learnings about how people use our Website and feedback provided directly to us to troubleshoot and to identify trends, usage, activity patterns, areas for additional features and improvement of the Website and other insights.

Purpose: To comply with applicable law, legal process and regulations and protect legitimate business interests
Why do we do this: As we believe is reasonably necessary to comply with applicable law, or to audit or to protect the safety of any person, to address fraud, security or technical issues, or to protect our legal rights, interests and the interests of others, such as, for example, in connection with the acquisition, merger or sale of securities or a business (e.g. due diligence).

4. ON WHICH LEGAL BASIS DO WE USE YOUR PERSONAL DATA

In respect of each of the purposes for which we use your Personal Data, we ensure that we have a legal basis for that use. This means we collect and use your Personal Data only where:

  • -  We need it to operate the Website and to protect the safety and security of the Website;

  • -  It satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development and to protect our legal rights and interests; or

  • -  We need to process your data to comply with a legal or regulatory obligation.

We may also rely on your consent as a legal basis for using your Personal Data where we have expressly sought it for a specific purpose. If we do rely on your consent to a use of your Personal Data, you have the right to change your mind at any time (but this will not affect any Processing that has already taken place).

5. YOUR RIGHTS RELATING TO YOUR PERSONAL DATA

5.1. Information notice

If and to the extent we process your Personal Data on our behalf, we must provide you with the following information:

Identity and contact details of the Controller (or its representative, for non- EU established representative); contact of the Data Protection Officer, where applicable: Emercell SAS (see section 1 (Who we are and how to contact us) of this Policy).

Purpose of the Processing: See section 3 (How we use your personal data and why) of this Policy.

Lawful basis for Processing: See section 4 (On which legal basis do we use your Personal Data) of this Policy.

Legitimate interest pursued by the Controller (or third party) (if applicable) See section 3 (How we use your personal data and why) of this Policy.

Categories of Personal Data obtained (if the personal data is not obtained from the Data subject it relates to): See section 2.2 (Personal Data from Third Party Sources) of this Policy.

Recipients or categories of recipients: See section 6 (Who we share your Personal Data with?) of this Policy.

Retention period: See section 7 (How long we store your Personal Data) of this Policy.

Your rights, including your right to withdraw consent and to lodge a complaint: See section 5.2 (Your rights under this Policy) of this Policy.

Statutory or contractual requirement to provide the data: None, unless indicated otherwise.
Details of the existence of automated decision-making: None, unless indicated otherwise.

5.2. Your rights under this Policy


In addition, you have the right under this Policy to:

- Request access to your Personal Data. This enables you to obtain a confirmation from us whether or not your Personal Data is being processed by us and, as the case may be, to receive a copy of your Personal Data we hold about you and to check that we are lawfully processing it.

  • -  Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.

  • -  Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You will have such right when (i) your Personal Data is no longer necessary for the purposes for which it has been collected, (ii) you exercise your right to oppose the Processing concerned, or (iii) the Processing is not legal. Your right to erase cannot be asserted if we must retain Personal Data in order to comply with a legal obligation or to exercise rights in court.

  • -  Object to the Processing of your Personal Data. This right exists where we are relying on a legitimate interest as the legal basis for our Processing and there is something about your particular situation, which makes you want to object to the Processing of your Personal Data on this ground. You also have the right to object where we are processing your Personal Data for direct marketing purposes.

  • -  Request the restriction of the Processing of your Personal Data. This enables you to ask us to suspend the Processing of Personal Data about you, for example if you want us to establish its accuracy or the reason for processing it.

  • -  Request the transfer of your Personal Data. Upon your request, we will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format (such as CSV; XML or JSON) where it is technically possible. This right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

  • -  Withdraw consent. This right only exists where we are relying on consent to process your Personal Data (Consent Withdrawal). If you withdraw your consent, we may not be able to provide you with access to certain specific functionalities of our Website. We will advise you if this is the case at the time you withdraw your consent.

  • -  Lodge a complaint with the competent authority of the country in which you have your habitual residence if you consider that the Processing of your Personal Data violates the applicable Data Privacy Law.

    In France:

CNIL – Service des plaintes

3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07 Tél : 01 53 73 22 22

5.3. How to exercise your rights?

If you want to exercise any of the rights described above, please contact us using the contact details in Who We Are and How to Contact Us at the contact@emercell.com.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

6. WHO WE SHARE YOUR PERSONAL DATA WITH?

We may share Personal Data to the following categories of recipients to the extent permitted by the applicable Data Privacy Law:

Service Providers: Our service providers provide us support for our Website, including, for example, website and application development, hosting, maintenance, backup, storage, virtual infrastructure, analysis, identity verification, and other services for us, which may require them to access or use Personal Data about you.

Legal and Taxing Authorities, Regulators and Participants in Judicial Proceedings: We may disclose your Personal Data if we believe it is reasonably necessary to comply with applicable law or to protect the safety of any person, to address fraud, security or technical issues, or to protect our legal rights, interests and the interests of others.

M&A: As we develop our business, we may buy or sell businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, we may also transfer your Personal Data as part of the transferred assets without your consent or notice to you.

anonymized data: We may also share non-Personal Data (such as anonymous usage data,.) with interested third parties to help them understand the usage patterns for our Website or conduct independent research based on such anonymous usage data.

If you request that we remove your Personal Data as described in section 7 (Your Rights Relating to Your Personal Data) of this Policy, we will convey that request to any third-party with whom we have shared your data. We are not, however, responsible for revising or removing your Personal Data obtained by any third party who has previously been provided with your information by us in accordance with this Policy or any third party to whom you have provided such information (whether by sharing your login and password, or otherwise).

Any Medical Data you choose to submit will be shared exclusively within our company and our Affiliates.

7. HOW LONG WE STORE YOUR PERSONAL DATA

We will retain your information for as long as it is reasonably needed for the purposes set out in section 3 (How We Use Your Personal Data and Why) of this Policy unless you request that we remove your Personal Data as described in section 7 (Your Rights Relating to Your Personal Data) of this Policy. We will only retain your Personal Data for so long as we reasonably need to use it for these purposes unless a longer retention period is required by law (for example for regulatory purposes).

Furthermore, technical data will be conserved no more than 1 year from the date of their collection and cookies no more than 13 months from the date of their collection.

The questions and answers exchanged through the Website or by emails, including Medical Data you may submit to us, will be retained during 3 months and thereafter erased from our servers, unless indicated otherwise on a case by case basis.

We reserve the right to retain for an unlimited period of time information derived from your Personal Data in such way that you will no longer be identified or identifiable (anonymized data).

8. WHERE WE STORE YOUR PERSONAL DATA

As a general rule, we use a cloud-based solution implying that your Personal Data will be processed and stored on the servers of our cloud service providers (Ordipat), which may be located in in the EU. If you

access our Website from outside of EU, your data may also transit via servers located in other countries. We may also process and store Personal Data in our own servers in the EU.

Your Personal Data will not be transferred outside the European Union except in Switzerland where the regulations are compatibles with the GDPR.

As the case may be, we implement any applicable conditions set by Data Privacy Law to ensure that your Personal Data will benefit of the same protection it has in your country of domicile, notably by imposing the necessary contractual obligations on the persons to whom we transfer your Personal Data.

9. HOW WE PROTECT YOUR PERSONAL DATA

We use commercially reasonable safeguards to help keep the information collected through the Website secure and, where a logging is required, take reasonable steps to verify your identity before granting access to your account/subaccount(s).

We have put in place procedures to respond to any actual or suspected Personal Data breach. In the event that personal information is compromised as a result of such a breach of security, we may promptly notify those persons whose personal information has been compromised by posting a notice on the Website, via the functionality of the Website, or by sending an e-mail to you. You may have a legal right to receive this notice in writing.

We undertake to notify the CNIL of any data breach that we may suffer in the 72h from the breach and under the conditions prescribed by the regulations on personal data.

We cannot ensure that your Personal Data will be protected, controlled or otherwise managed pursuant to this Policy if you share your login and password information with any third party, including any third party operating a website or providing other services.

10. OUR POLICY ON CHILDREN'S PRIVACY

The collection of Personal Data of children under 16 years old is permitted only with the valid consent of the person who has the parental authority. If you are under the age of 16 and do not have the consent of the legal parental authority on you, please do not provide any Personal Data.

If we learn that we have collected personal data of a child under 16 years old without the valid consent of the legal parental authority on him/her, we will remove the Personal Data unless otherwise agreed by the person having the legal authority.

11. LINKS TO OTHER WEBSITES

This Policy applies only to the Website. The Website may contain links to other websites not operated or controlled by Emercell. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Website to another website, our Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our Website, is subject to that website's own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.

12. CHANGES TO OUR POLICY

We reserve the right, in our sole discretion, to change, modify, add, or remove portions of this Policy at any time. Any changes or updates will be effective immediately upon posting to this page. You should review this Policy regularly for changes. You can determine if changes have been made by checking the Effective Date above. Your continued use of our Website following the posting of any changes to this Policy means you consent to such changes. If we make any significant changes to this Privacy Policy, we will notify you by e-mail.

13. REGISTER OF PROCESSING

We undertake, in our capacity as data controller, to maintain a register of all processing activities carried out where required by law.

This register is a document or application allowing us to identify all the processing activities carried out by Emercell as data controller.

We undertake to provide the CNIL, on first request, with the information enabling it to verify the compliance of the processing with the data protection regulations in force.

14. DEFINITIONS

Controller means the natural or legal person which, alone or jointly with others, determines the purposes and means of the processing of personal

data, as defined in art. 4 Section 7 of the GDPR, insofar as the respective provisions apply in the specific case.

Data Privacy Law means the data protection law applicable, from time to time, including, where applicable, the GDPR.

Data subject means any individual with respect to whom personal data is collected and/or processed.

End-user means an individual using the Website. The terms "you" and your" must be construed accordingly.

GDPR means the European regulation 2016/679, called the General Protection Data Regulation, as amended.

Medical Data means any information relating to an identified or identifiable natural person's health.

Personal Data means any information relating to an identified or identifiable natural person (data subject); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Policy means this privacy & cookies policy, which may be retrieved from the following link,www.emercell.com/policy, as amended from time to time.

Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the Controller.

The terms "we", "us", "our" used in this Policy refers to Emercell