B. In order for you to fully utilize our Website and our Company’s Platform, enjoy the benefits conferred by our Company’s Platform, receive updates regarding our Website, our Company’s Platform, enjoy our loyalty programme, participate in our promotions, receive our marketing materials, newsletters or updates for information, programmes, and/or promotion regarding our services and products (our newsletters, updates and/or promotions shall be collectively referred to as our “Updates”), your Personal Data (as defined in clause 1.2 below) has to be provided to us, and we will need to keep and use your Personal Data in order to fulfil the purpose for which you have subscribed to our Company’s Platform, our Website, Updates and/or services.
- Types of Data collected
- When You visit our Website and/or sign up for our Companies’ Platform or Updates, we collect Personal Data and Anonymised Data.
- “Personal Data” refers to information with personal identifiers, whether true or otherwise, such as name, email address, country and the IP address.
- “Anonymised Data” refers to information that is not associated with or linked to your Personal Data and cannot be used to identify individual persons.
- collection of Anonymised Data
- We collect Anonymised Data about You when you access or use our Company’s Platform and/or our Website via the application of generally acceptable web technologies including but not limited to “web beacons”, “cookies”, “clear GIFs”, “widgets”, “online evaluations”, “surveys”, “HTML5”, and third-party web analytics such as “Google analytics” (collectively, “Acceptable Technologies”). This automatic collection of non-personal information includes (without limitation) collection of your IP Address, the web browser software that You used, the specific pages of our Website viewed by You, the amount of time You spent viewing our Website or specific webpages on our Website, the number of times You return to view our Website, other click-stream data, the functions of our Company’s Platform that You regularly accessed or used, and third party websites that you may have visited prior to our Website and/or our Company’s Platform. Our purpose for the aforesaid collection of information is for us to understand the preference of our visitors and users so as to enhance and facilitate the ease with which You are able to access or use our Website.
- As part of the Anonymised Data that we collect, when You access our Website and/or our Company’s Platform via your mobile device, we will also collect information regarding the type of mobile device that You are utilising so that our Website and our Company’s Platform can provide You with the version of our Website and our Company’s Platform best suited for access via your mobile device.
- To better assist You in understanding the generally accepted technology used in our collection of Anonymised Data:-
- “IP Address” refers to a number that is automatically assigned to your computer when You access the Internet. Under certain circumstances, your IP Address remains the same from browser session to browser session. However, in the event that a consumer Internet access provider is utilized, your IP Address will likely vary from session to session. We track IP Addresses solely in conjunction with session cookies to analyze the flow of web pages on our Website.
- “Cookies” refer to small pieces of data that a website or web app sends to your computer’s hard drive or mobile device’s internal storage while You are viewing the said website or utilizing the said web app. Our Website and our Company’s Platform utilise both session cookies (they expire the moment your Internet browser or access to our Company’s Platform is closed) and persistent cookies (they will remain on your computer and your mobile device until you actively take steps to delete them) so as to provide You with a more personalised and interactive experience on our Website and our Company’s Platform. By changing the options on your Internet browser and adjusting the settings on your mobile device, You can control whether to accept or decline cookies.
- “Clear GIFs” refer to clear electronic images that are used to track your opening of web pages on our Website and your pattern of accessing the features on our Company’s Platform, for the purpose of allowing us to find out whether the content on our Website and the features in our Company’s Platform appeals to You. Clear GIFs are also commonly known as “web beacons” and may be included on our Website, our Company’s Platform or services, and generally works in conjunction with cookies to iden
- Your Consent to our collection, Retention and Use of Personal Data
- In order for our Company to provide You with our services and products, You agree and consent to our Company collecting, using and retaining your Personal Data as follows:-
- When You register an account with us to use the services, applications or products provided via our Website, sign up for our Updates, or email us with any queries, You will be required to provide us with your Personal Data in order for us to add You as a user of our services, applications or products that you sign up for, confirm your login credentials, add You to our mailing list, or to revert to your queries.
- Should you sign up for services or products that allow you to upload any files or to post any text or information whether on our Website or on a third party website, your Personal Data will be required in order to identify you to your posts and if the service or product that you subscribe to enables you to upload or post on any third party websites, you agree that some of your Personal Data may also be disclosed to such third party websites in the event that they require your Personal Data in order to allow you to upload or post. Please, therefore, check the privacy policies of such third party websites before you use any of our services or products to post or upload any file, text or information on such third party websites as their privacy policies will differ from ours.
- In the event that you registered an account with us to use any of our services or products, your Personal Data will be used by and retained with us until your account is terminated or expired.
- We may collect and use your Personal Data to customize for You the user-experience of our Website and Company’s Platform based on your answers provided through our questionnaires or surveys.
- When You enroll for any loyalty programme or other promotional campaigns that we provide, we will require your Personal Data in order to keep a record of and provide You with the benefits that accompany our loyalty programme and/or promotional campaigns. Unless You withdraw from our loyalty programme or promotional campaigns, or our relevant promotional campaign ends, we will keep your Personal Data for as long as You are still part of our loyalty programme and/or promotional campaigns (whichever is later) so that we can provide You with the relevant benefits.
- When You click on any of our Company’s Google ads or other internet-based advertisements for more information regarding our Website or our services or products, we collect the Personal Data that You provide in order to follow up with you pertaining to your interest in our services, products and/or Website.
- In addition, we will retain your Personal Data where necessary and for such duration where there is legitimate business and/or legal purpose to do so, and as may be required in order for our Company to comply with applicable laws and regulations, assist in any legal investigations, meet the demands from any regulatory or law enforcement bodies, for utilization in legal proceedings, minimizing fraud, collection of debts, resolving disputes, identifying issues, enforcing contractual breaches and/or claiming for damages.
- Disclosure of Personal Data
- We may need to disclose your Personal Data to:-
- Third party service providers in order for us to administer the Website, the Company’s Platform, the services and products that we make available via the Website, facilitate your access to and use of our Website, products and services, for us to contact you as You may have requested via our Website or other channels, for us to maintain and update your records to ensure that you receive the benefits of subscribing to our services, products and/or Website, and for us to provide you with any other perks accompanying your participation in our loyalty programme and/or promotional campaigns. The aforesaid third party service providers have a contract with us to perform the services necessary for you to use our Website, our products, and services, and receive Updates, and such third party service providers, therefore, include but is not limited to web host companies, website maintenance companies, software maintenance companies, database storage companies, loyalty programme service providers, companies that assist to perform mass mailing on our behalf, etc.;
- our book-keepers, accounting firms, audit firms, law firms and/or other professional advisory firms who are maintaining our records in accordance with legal requirements;
- governmental, regulatory or law enforcement bodies who have a legal right to demand your Personal Data;
- financial institutions, banks, online payment service providers, credit card associations, credit bureaus, and other third parties whose services are required in order for you to make online payment(s) for our services or products;
- credit bureaus, credit rating agencies, and fraud preventing companies for the purpose of minimizing fraudulent activities via your Personal Data (which may include information pertaining to your credit cards); and
- our affiliated or related companies and/or third parties to whom we may sell, divest, transfer, assign, share or otherwise engage in a transaction that involves, some or all of our Company’s assets (which may include your Personal Data), in the course of a corporate divestiture, corporate restructuring, merger, acquisition, joint venture, bankruptcy, dissolution, reorganisation, or any other similar transaction or proceeding.
- Transferring Personal Data out of France
- Pursuant to the purposes and activities as set out in sections 2 and 3 above, it may be necessary for us to transfer your Personal Data out of France. You hereby agree and consent to the aforesaid transfer.
- Accurate and Complete Personal Data
- In order for us to provide You with our products and services, and to perform the activities as set out in sections 2 and 3 above, You warrant that the Personal Data that You provide to us is accurate, and that all Personal Data as may be relevant for that particular purpose/circumstance has been provided (for example, when registering an account via our Website for paid services, your credit card details must be correctly stipulated).
- Do-Not-Call (“DNC”) Provisions and Registries
- We respect your selections in relation to the channels via which you wish to receive our Updates. Therefore, if You have registered your telephone and/or fax number with the Do-Not-Call Registries in relation to telephone calls, text or fax messages, we will not send you any Updates via the channels that You have opted out of by registering with the Do-Not-Call Registries. However, if You have previously consented to our sending you Updates via your telephone number (calls or text messages) and/or facsimile number, we will continue doing so until you withdraw your consent by contacting our Data Privacy Officer at firstname.lastname@example.org.
- Withdrawal of Consent
- Should You wish to unsubscribe to our Updates, please click the “unsubscribe” option made available in our emails to you or email our Data Privacy Officer at email@example.com. Once we have processed Your opt-out request, we will not send You any further Updates (including but not limited to promotional e-mails) unless You opt back in to receiving such communications. Consequently, please note that your un-subscription or opt-out may result in our being unable to make available to you any updates regarding our Website, our services, our products, matters concerning your user account(s) registered with us, your subscription (if any), your benefits under our loyalty programme and any ongoing promotions (which may also relate to our loyalty programme, or otherwise).
- Access and Correction of Personal Data
- There will be no administrative fees or other charges levied for any request to correct or update your Personal Data. However, for all other requests such as accessing a record of your Personal Data held with us, obtaining a record of when You accessed our Website, the dates that You made purchases for services or products via our Website, etc., a reasonable administrative fee may be levied depending on your request as time and resources will be spent in accommodating your requests.
- Our Website and its associated products and services are not meant for persons who may be defined as minors under applicable law. We do not knowingly collect Personal Data from minors, however, through the internet, we are not able to ascertain on our end whether such individuals are minors. It is thus the responsibility of parents or guardians to ensure that their minors do not access our Website and provide us with Personal Data without their parental/guardian’s consent. If a parent or guardian becomes aware that his or her minor has accessed our Website and provided us with Personal Data without his/her consent, he or she should contact our Data Privacy Officer at firstname.lastname@example.org promptly. If we become aware that a minor under 18 has provided us with Personal Data without their parent or guardian’s consent, we will delete such information from our records.
- Security Measures for Protection of Personal Data
- We ensure that our Website and associated services/products thereon is protected by reasonable security measures afforded by current technology, and that all our data hosts and servers are similarly protected by such security measures, including but not limited to firewalls.
- Your Personal Data is kept securely and protected against unauthorized access and disclosure. We utilize security means such as (without limitation) password protection, encryption, locked and restricted access. We have strict policies in place restricting access to Personal Data to only our authorized personnel on a need-to-know basis.
- Third Party Websites, Social Network Sites and Video Sharing Sites
- The association of our Website with the Social Media Sites and third party video sharing sites makes available certain features which when used by You, may result in information being made available from your accounts with the Social Media Sites and/or video sharing sites to our Company. Such information which we collect about You shall constitute public information that is available in the general domain because such information was made publicly available by the Social Media Sites and/or video sharing sites. Should You prefer that we do not collect your information from the Social Media Sites and/or video sharing sites, please (i) do not use the features or links that associates our Website and/or our services/products with the Social Media Sites and/or video sharing sites; and (ii) adjust the settings in your accounts with the Social Media Sites and video sharing sites to prevent the sharing of your information with our Website and our associated services/products. Our Company cannot control nor is our Company howsoever responsible for the sharing of your information by the Social Media Sites and/or video sharing sites with third parties. However, please note that You may not be able to use certain features on our Website, our Company’s Platform, and/or in our other services/products should you restrict the sharing of your information.
- One of the features which You may see available on our Website in association with the Social Media Sites, is the “like” feature by Facebook, and other similar functions provided by other Social Media Sites. When You “like” our Website or our services/products, information about our Website and our services/products will be made known to your network within your Social Media Sites’ accounts via a variety of methods employed by the relevant Social Media Site. Your information may also be made known alongside with our services/products that you have liked pursuant to the methods/channels made available by Social Media Sites in relation to such features. If You are not agreeable to the aforegoing, please instruct the relevant Social Media Site or adjust your account settings with the Social Media Site. Please note however that we are not obliged to display on our Site or any related webpages (whether on Social Media Sites or otherwise) any of your information, including but not limited to your photo or name, even if You “like” our Website or our services/products. In the event that any of your information, product or service endorsements (including your liking of our Website or any of our Company’s services or third party products or services) appear on our Website or any related webpages (whether on Social Media Sites or otherwise), we shall have the right in our sule discretion to remove or continue retaining such information or product/service endorsements from our Website or any related webpages without any notice or reference to You.
- Governing Law and Jurisdiction