Confidentiality charter – TheFootShake

Confidentiality charter

1. Definition and nature of personal data

When you use the www.thefootshake.com website (hereinafter the “Site”), we may ask you to provide us with personal data about yourself. When you choose to communicate your personal data in the context of the use of the Site, you expressly give your consent for the collection and use of such data in accordance with what is stated in this charter and the legislation in force.

The term “personal data” refers to all data or information relating to an identified natural person or a person who can be identified, directly or indirectly, by reference to an identification number or one or more elements specific to him/her (hereinafter the “Personal Data”) and in particular your name, first names, pseudonym, photograph, postal and e-mail addresses, telephone numbers, date of birth, data relating to your transactions on the site, details of your purchases and subscriptions, credit card numbers and any other information you choose to communicate to us about you.

2. Purpose of this charter

The purpose of this charter is to inform you about the means we use to collect your Personal Data, in the strictest respect of your rights.

In this respect, we inform you that we comply, in the collection and management of your Personal Data, with Law No. 78-17 of 6 January 1978 relating to information technology, files and freedoms, in its current version, amended by Law No. 2004-801 of 6 August 2004 and EU Regulation 2016/679 on data protection (hereinafter the “Regulation”),

3. Identity of the data collector

The person responsible for the collection of your Personal Data is Footshake, S.A.S., registered in the Nanterre Trade and Companies Register under no. 821 683 265, having its registered office at ABC Liv, 176 avenue Charles de Gaulle, 92200 NEUILLY-SUR-SEINE, France.

E-mail: support@thefootshake.com
Intra-community VAT number: FR59821683265

4. Nature of the Personal Data collected

Access to and use of the Site does not require the provision of Personal Data. However, you may be asked to transmit your Personal Data when browsing the Site, using the contact form or managing an order.

The personal data collected is then recorded by FOOTSHAKE in an automated file.

The mandatory personal data requested by FOOTSHAKE are:

1. Last name, first name
2. Address (street + CP + city + country)
3. Mobile phone number
4. Sex (gender)
5. Nationality
6. Login data
7. Social Account ID (Facebook, Twitter, Instagram, YouTube)
8. Pseudonym
9. Date of birth

FOOTSHAKE informs you that Personal Information may be collected automatically as a result of your actions on the Site.

You agree to provide current and valid Personal Identification Data as part of the information requested on the site and warrant that you will not make any false statements or provide any erroneous information.

5. Collection of Personal Data

Your Personal Data may be collected in the following cases:

– Order form,
– Contact form on the site,
– Promotional pop-up on the site,
– Push” notification pop-up.

Your Personal Information is collected for one or more of the following purposes:

(i) To manage your access to and use of certain services available on the Site,
(ii) Carry out operations relating to customer management concerning contracts, orders, deliveries, invoices, loyalty programs, monitoring of customer relations,
(iii) Constitute a file of registered members, users, clients and prospects,
(iv) Send newsletters, solicitations and promotional messages. If you do not wish to do so, we give you the opportunity to opt-out at the time of collection of your data,
(v) To compile statistics on the use of our services,
(vi) Organize competitions, lotteries and all promotional operations with the exception of online gambling and games of chance subject to the approval of the Online Gaming Regulatory Authority,
(vii) Manage the management of people’s opinions on products, services or content,
(viii) To manage any outstanding payments and any disputes arising from the use of our products and services,
(ix) Comply with our legal and regulatory obligations.

We inform you, when collecting your Personal Data, whether certain data must be filled in or whether it is optional. We also inform you of the possible consequences of a lack of response.

6. Recipients of the collected data

The Personal Data that you provide on the Site are intended for the following persons:

– The staff of our company,
– FOOTSHAKE’s subcontractors and service providers,
– external services responsible for fulfilling the company’s social, accounting and tax obligations.

Your Personal Data may also be received by public bodies, exclusively to meet our legal obligations, by judicial officers, judicial officers and bodies responsible for debt collection.

7. Assignment of Personal Data

Your Personal Data will not be transferred, rented or exchanged for the benefit of third parties.

8. Storage period of Personal Data

FOOTSHAKE keeps your Personal Information for as long as is strictly necessary for the purposes for which it was collected.

In any event, the retention of your Personal Data is subject to the following maximum periods (indicative list):

(i) For data relating to the management of customers and prospects:
Your Personal Data will not be retained beyond the duration strictly necessary for the management of our commercial relationship with you.
Concerning possible prospecting operations aimed at customers, their data may be kept for a period of three years from the end of the commercial relationship.
Personal Data relating to a prospect, who is not a customer, may be kept for a period of three years from the date of collection or from the last contact from the prospect.
At the end of this three-year period, we may contact you again to find out whether you wish to continue to receive commercial solicitations.

(ii) Concerning identity documents:
If you exercise your rights, data relating to identity documents may be kept for the period provided for in Article 9 of the Code of Criminal Procedure, i.e., one year.

(iii) Concerning data relating to bank cards:
Financial transactions relating to the payment of purchases and charges via the site are entrusted to a payment service provider who ensures the smooth running and security of the transaction.
For service purposes, this payment service provider may be the recipient of your credit card numbers, which it collects and stores in our name and on our behalf.
We do not have access to this data.
In order to enable you to make regular purchases or to pay related fees on the site, your credit card details may be kept by our payment service provider for the duration of your registration on the site. To do this, you must tick the box expressly provided for this purpose on the site.

(iii) Data relating to the visual cryptogram or CVV2, which is written on your bank card, is not stored.
If you refuse to allow the Personal Data relating to your bank card numbers to be stored under the conditions specified above, we will not store this data beyond the time necessary to enable the transaction to be carried out.
In any event, the data relating to these data may be kept, for the purpose of providing proof in the event of any dispute relating to the transaction, in interim archives for the period provided for in Article L 133-24 of the French Monetary and Financial Code, in this case 13 months following the debit date. This period may be extended to 15 months in order to take into account the possibility of using deferred debit cards.

(iv) Concerning audience measurement statistics:
The information stored in the users’ terminal or any other element used to identify users and enabling their traceability or attendance will not be kept for more than 6 months.
In any event, we inform you that data enabling proof of a right or a contract to be established, which must be kept in order to comply with a legal obligation, will be kept for the period provided for by the law in force.

9. Security

We inform you to take all appropriate organizational and technical measures to preserve the security, integrity and confidentiality of your Personal Data and, in particular, to prevent it from being distorted, damaged or accessed by unauthorized third parties. We also use or may use secure payment systems that comply with the state of the art and applicable regulations.

10. Recipient country of the Personal Data

FOOTSHAKE ensures that the Personal Data is located in countries offering an adequate level of protection either because it complies with the provisions of EU Regulation 2016/679 or the amended Data Protection Act, or because it is recognized as adequate by the European Union.

In the event that the Personal Data is located, due to FOOTSHAKE or its subcontractors, in countries offering levels of protection not equivalent to the level of protection of Personal Data in the European Union, FOOTSHAKE undertakes that such transfer will, where appropriate, be made, framed by the Data Protection Shield set up between the European Union and the United States (“Privacy Shield”) or by the signature of standard contractual clauses established by the European Commission or by the implementation of internal company rules (“BCR”) and/or that the subcontractor guarantees that the said framing measures have been taken.

11. Rights to your Personal Data

You may, upon written request, access your personal data, request their modification or correction, or request to be removed from FOOTSHAKE’s database.

Under the right of access, you are authorized to query FOOTSHAKE in order to obtain communication of your personal data in a form accessible in accordance with article 39 of the French Data Protection Act (Loi Informatique et Libertés).

You may also obtain confirmation that your Personal Data is or is no longer being processed. Finally, you can obtain the communication in the same form:
– of the purposes of the processing,
– of the categories of Personal Data processed,
– of the recipients to whom the Personal Data is communicated,
– the length of time the data are kept, or the criteria used to determine this length of time.

The right of rectification gives you the right to require FOOTSHAKE to rectify, complete, update or delete your Personal Data if it is inaccurate, incomplete, equivocal or out of date.

The right of opposition gives you the right to object, free of charge and at your discretion, to the use of your Personal Data by FOOTSHAKE for any purpose whatsoever.

You may also request that the processing of your Personal Data be restricted in accordance with Article 18 of the Regulation. You may also request that your Personal Data be retained only for the purposes of:
– verifying the accuracy of the Personal Data that you dispute,
– serve you in the context of the establishment, exercise or defense of your rights in court, even though the company no longer has any use for it,
– check whether the legitimate reasons pursued by the data controller prevail over yours should you object to processing based on the Company’s legitimate interest,
– satisfy your request to limit the use of your data – rather than have it deleted – in the event that the processing of your data is unlawful.

In the circumstances set out in Article 20 of the Regulation, you have a right to the portability of your Personal Data, allowing you to retrieve from the Company the Personal Data you have provided, in a structured, commonly used and machine-readable format, for the purpose of forwarding it to another data controller.

In the cases provided for in Article 21 of the Regulation, you have the right to object at any time to the processing of your data, in particular for canvassing purposes, and to require, in the circumstances provided for in Article 20 of the Regulation, that you receive the Personal Data provided to FOOTSHAKE, in a structured, commonly used and machine-readable format, for the purpose of forwarding them to another controller.

In order to exercise the above-mentioned rights, simply send your request:
– by e-mail to the following address: support@thefootshake.com,
– by post, to the postal address: 176 Avenue Charles de Gaulle 92200 Neuilly-sur-Seine, France

FOOTSHAKE undertakes to deal with requests to assert these rights within a maximum period of one (1) month from receipt, which may be extended to two (2) months in view of the complexity and number of requests.

If FOOTSHAKE does not comply with the request, it will inform the person as soon as possible, and at the latest within one (1) month of receipt of the request, of the reasons for its inaction and of the possibility to lodge a complaint with a supervisory authority and to appeal to the courts.

The exercise of these rights is free of charge. However, in the event of a manifestly unfounded or excessive request, FOOTSHAKE reserves the right (i) to require the payment of a fee taking into account administrative costs, or (ii) to refuse to comply with such requests.

12. What recourse is available to you in the event of a breach of your data?

In case of violation of your Personal Data likely to create a risk for your rights and freedoms, FOOTSHAKE notifies, under the conditions of Article 33 of the Rules, the violation to the CNIL as soon as possible, and, if possible, no later than 72 hours after becoming aware of it. FOOTSHAKE will also inform the User as soon as possible in accordance with the provisions of article 34 of the Rules.

Without prejudice to any other administrative or jurisdictional recourse, if you consider that the processing of your Personal Data constitutes a violation of the provisions of the legislation in force, you have the possibility of lodging a complaint with a competent supervisory authority such as the Commission Nationale de l’Informatique et des Libertés (CNIL).

13. Modifications

We reserve the right, at our sole discretion, to modify this charter, in whole or in part, at any time. These modifications will come into force as of the publication of the new charter which we will invite you, by e-mail, to expressly accept.

14. Coming into force

This Charter entered into force on 25 May 2018.

15. Cookies

Cookies are text files, often encrypted, stored in your browser. They are created when a user’s browser loads a given website: the site sends information to the browser, which then creates a text file. Each time the user returns to the same site, the browser retrieves this file and sends it to the website server.

There are two types of cookies, which do not have the same purpose: technical cookies and advertising cookies:
¬ Technical cookies are used throughout your navigation, in order to facilitate it and to carry out certain functions. For example, a technical cookie may be used to memorize the answers entered in a form or the user’s preferences with regard to the language or presentation of a website, when such options are available.
¬ Advertising cookies may be created not only by the website on which the user is browsing, but also by other websites displaying advertisements, announcements, widgets or other elements on the page displayed. In particular, these cookies can be used to carry out targeted advertising, i.e., advertising determined according to the user’s navigation.

These are stored in your browser for a period not exceeding six months.

We do not use advertising cookies. However, if we should use them in the future, we will inform you in advance and you will be given the opportunity to deactivate these cookies if necessary.

We inform you that the use of cookies may be limited to the duration of your browsing on the Site with automatic deletion when you leave the Site and may not, in any event, exceed a period of use of thirteen (13) months.

For all practical purposes, we remind you that you can oppose the deposit of cookies by configuring your browser. Indeed, your browser can be configured to automatically accept or refuse cookies. You also have the possibility to deactivate the storage of cookies, to be alerted when a cookie is issued and to see its content and duration of validity.

You can, at any time, oppose the storage of cookies or delete them by referring to your browser’s user manuals. Cookie instructions for the most commonly used browsers are available at the following links:

We remind you that the fact of uninstalling a cookie or opposing the installation of cookies on your devices may modify your browsing experience and prevent you from benefiting from certain services on the Site.

– Windows Internet Explorer® https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies
– Mozilla Firefox : https://support.mozilla.org/fr/kb/activer-desactiver-cookies
– Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr
– Apple Safari :http://support.apple.com/kb/HT1677?viewlocale=fr_FR&locale=fr_FR

If you would like more information on the tools used to control cookies, we invite you to consult the following link: www.cnil.fr/vos-droits/vos-traces/les-cookies.

Please note that FOOTSHAKE will seek your explicit prior consent if we wish to obtain your device navigation information from a third-party company for purposes such as associating it with the Personal Information you have provided to us and providing you with targeted advertising.

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