Personal Data Protection Policy

February 2018

 

 

This Policy applies to the provision and the sales of the Services.

The purpose of this policy is to provide YOU with information regarding the Processing of the Personal Data which you are required to provide via our Services.

Please read this document carefully.

 

  1. Collected data

 

By using our Services, you are required to provide us with certain information, notably Personal Data, in particular when you fill in the information relating to your subscription or when you contact the support service by telephone or by email.

 

Please be aware that your first name, last name, position, email address, chosen identifier, password and, depending on the Services, payment details constitute mandatory information without which the Trace One Solutions cannot be provided.

 

We may also ask YOU to provide us with additional information relating to your activity.

 

Each time you connect to the Trace One Solutions, we may also, in accordance with the applicable legislation and with your agreement, as required, collect information regarding the devices on which YOU use our Services or the networks you use to access our Services such as, in particular, connection data, IP address, types and versions of internet browsers used, types and versions of browser plug-ins, operating systems and platforms, data relating to your navigation of our Solutions, in particular your navigation of the different URL pages of our Solutions, the content viewed, errors encountered or the length of time spent on certain pages. The technologies we use to collect this information include, in particular, cookies (to find out more about cookies, please refer to our Cookie Policy).

 

  1. Purpose of use of your Personal Data

 

Trace One processes your Personal Data in order to:

 

  • perform the agreements entered into for the provision of the Service(s) including, in particular:
  • the administrative and accounting management of your files as well as the management of our relationship with YOU (for example, the support activities)
  • the technical creation and the management of your account for the Service(s),
  • the management of the Trace One’s Solutions and the security of their information system,
  • the management of information requests; in particular, the management of requests for access, deletion, correction, portability to your Personal Data, as well as requests for limitation and opposition to the processing of your Personal Data.

 

These Processing are essential to the performance of the Agreement under which the Services are provided to YOU;

 

  • offer YOU commercial packages for products or services similar to those we provide to YOU (YOU have the right to ask us at any time to stop contacting YOU for marketing purposes by writing to us at the address indicated in Article 6 below), and to contact YOU to invite YOU to take part in our client surveys.

This Processing is carried out in the legitimate interest of Trace One, for the development of its commercial activity;

  • analyse the browsing history of the Authorised Users in order to improve the quality of our Services and to monitor and inspect our Solutions to test and improve their security and performance.

This Processing is carried out in the legitimate interest of Trace One, to analyse how the Solutions are used and to improve their quality.

No automated decision will be taken based on the Personal Data that YOU provided to Trace One for the purposes described above. In particular, no profiling of YOU will be implemented by Trace One.

 

  1. Sharing of your information

 

Trace One may be required to share your information with the following parties:

 

  • all companies in the Trace One Group, in order to ensure the performance and development of our Services (for example, for the purposes of client relationship management and for accounting purposes),
  • third parties, in order to ensure the performance of the Services (for example, for maintenance, development, payments). Such third parties are allowed access to your information to the extent necessary to the performance of their respective duties in our name and on our behalf, and are under an obligation not to divulge such information or to use it for any other purposes,
  • third parties with whom YOU have a relationship and to whom YOU have agreed that we may transmit your information (for example, the distributors you work with, the persons with whom you have chosen to share your Data on the Trace One Solution Network),
  • any legal authority when so required by law, applicable regulations or a court decision,
  • third parties such as consultants, for the purposes of fulfilling our audit responsibilities,
  • another company, in the event that we should wish to sell our activity or part of our activity and/or assets. Such company shall be authorised to use your information, but only with due regard to confidentiality,
  • third parties, under any relevant legal and regulatory requirements.

 

 

  1. Transfer of your information

 

With respect to Authorised Users based in the European Union, Trace One stores your information, including your Personal Data, in the European Union. However, in the context of the performance of the Services, your information may come to be transferred to a country with weaker legislation on the protection of personal data than that in force in European Union countries.

This is particularly the case for the information sent to some of our subcontractors located outside the European Union or to our subsidiary in the United States.

 

In the event that your information is transferred outside the European Union, we shall set up appropriate guarantees so that the Processing is carried out in accordance with European Union regulations on the protection of personal data (for example, an adequacy decision made by the European Commission or the signature of standard contractual clauses).

 

Upon request, we can provide YOU with a list of the appropriate guarantees set up by Trace One in the context of such transfers.

 

  1. Data retention periods

 

The Personal Data relating to YOU which is processed for the purposes of the performance of the Agreement is stored for the duration of our contractual relationship with YOU, increased by the duration of the applicable legal limitation period.

 

The Personal Data relating to YOU which is processed for the purposes of the development of the commercial activity of Trace One are stored for 3 years from the end of the commercial relationship.   

 

  1. Your Rights

 

YOU have the right to access and to request rectification of the information relating to YOU, and to have such data deleted, to request the restriction of the processing, as well as a right to the portability of your Personal Data. When the processing of your personal data is based on your consent, in particular when you agree to receive Trace One advertisements, YOU have the right to withdraw consent at any given moment by clicking on the unsubscribed link or sending a request on the address specify below. YOU also have the right to give us specific instructions for the Processing of your Personal Data in the event of your death. YOU can access the information relating to YOU and exercise your rights with respect to the processing of your information by contacting our Legal Department at the following address: [email protected]  or Service Juridique, 47, rue de Monceau, 75008 Paris, France. YOU may also, on legitimate grounds, object to the Processing of the information relating to YOU. YOU have the right to lodge a complaint with a supervisory authority with respect to the Processing of your Personal Data. For further information on your rights, please refer to the website of the French Data Protection Authority (CNIL).

 

If YOU are entering into this Agreement on behalf of a legal entity, YOU undertake to forward this Confidentiality Policy to all Authorised Users before they connect to the Services.

 

  1. Definitions

 

For the purposes of this Confidentiality Policy, the following capitalised terms and expressions shall have the meanings ascribed to them below, whether used in the singular or plural form:

 

Agreement” means the contractual documents as defined in Article 17 of the General Terms and Conditions, including any amendment made in accordance with the provisions of the General Terms and Conditions.

 

Authorised User(s)” means the users of the Trace One Solution(s).

 

Data of a natural person”, “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.

 

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, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction

 

Trace One” means Trace One SAS, 47 rue de Monceau, 75008 Paris, France.

 

Service(s)” means the services provided in connection with the Trace One Solution(s) and/or any other service provided by Trace One and linking actor of retail sector.

 

Trace One Solution” means the Trace One solution(s) accessible via Internet, which YOU have subscribed, as defined in the Agreement, the related Documentation and their updates provided as part of the Services during the term of the Agreement.

 

YOU” means the identified legal entity and/or individual person who accepts the Agreement and benefits from the Services under the Agreement.