GDPR, cookies and CGU
Information provided to the User regarding the protection of individuals in the processing of personal data (EU regulation 2016/679 dated April 27, 2016 (GDPR) and Act n°78-17 dated January 6, 1978)
As part of order process and/or use of services or Documents through Speakingkong and via its Website by the User, after obtaining his/her prior consent for this purpose, and in compliance with the following provisions, Speakingkong reserves the right to collect the User’s personal data.
PURPOSE OF COLLECTING PERSONAL DATA
Here follows are the types of personal data that we collect:
(i) information provided by the User by filling out forms related to the creation of his/her account and/or ordering and his/her identification, or by communicating with Speakingkong (by any means of communication or online communication, or by responding to questionnaires or satisfaction surveys)
(ii) name, gender, date and place of birth of the User, as well as the User’s contact details such as postal address, e-mail address, telephone numbers, electronic signature, national identity card and passport data.
(iii) information related to the contractual and commercial relationship between the User and Speakingkong (including details about the products, services and/or Documents ordered by the User)
(iv) banking information (bank details, card numbers) and transactional information of the User
These personal data may only be communicated to Speakingkong by the Users concerned by the said personal data, and each User refrains from communicating personal data of another person and/or any personal data that are not of concern to him/her.
LEGAL INFORMATION TO BE PROVIDED TO THE USER
The User shall be provided with the following legal information (such information is also notified to the User before we collect his/her personal data, separately from any other information, in accordance with the provisions in force):
(a) Identity and contact details of the entity in charge of the personal data processing (hereinafter referred to as « processing »)
Here follows are the identity and contact details of the entity in charge of the personal data processing: Association Athletes For Transparency, registered in the Lyon Trade and Companies Register under SIRET number 852 155 142 00015, with registered office located at Speakingkong, 280 chem. de la chataignière, 69760 LIMONEST, FRANCE.
(b) Contact details of the Data Protection Officer
The contact details of the Data protection officer are as follows: Lionel DROUIN, Speakingkong, 280 chem. de la chataignière, 69760 LIMONEST, FRANCE., Users’ requests related to personal data processing can be addressed through this form.
(c) Purposes of the processing
The purposes of the processing for which the personal data are intended are as follows:
(i) identification of persons ordering and/or using Documents via the Website and/or services accessible via the Website.
(ii) realisation and/or delivery by Speakingkong of Documents and/or services used and/or ordered by the User
(iii) management of services and/or Documents ordered and/or used by the User
(iv) prospecting and sending of information to the Users.
(d) Legal basis of the processing operation
The legal basis of the processing operation is as follows:
(i) the processing is necessary for the performance of the contractual relationship the User wishes to engage with Speakingkong by ordering and/or using services and/or benefits and/or Documents, with said personal data being necessary for the performance of the services and/or benefits ordered by the User
(ii) the processing is also necessary to protect the legitimate interests of Speakingkong by allowing it to retain proof of transactions with the User and/or, where applicable, to proceed to recovery
(iii) the processing is based on the consent of the User wishing to order and/or use Documents and/or benefits and/or services via the Website
(iv) the processing is administered in accordance with the provisions of the Act. n°78-17 dated January 6, 1978 and the EU regulation 2016/679 dated April 27, 2016 (GDPR), and other legal provisions in force (hereinafter referred to as “Applicable regulations”).
(e) Recipients of the personal data
The recipients of the personal data are: Speakingkong personnel in charge of the performance and/or administration of the services and/or Documents ordered and/or used by the User, the performance and/or delivery by Speakingkong of the Documents and/or benefits and/or services ordered and/or used by the User and, where applicable, Speakingkong subcontractors involved in the performance of these tasks and being required to intervene on the processing operation (only when necessary), it being specified that in such case this is done in accordance with the current regulations applicable to subcontractors.
(e) Transfer of personal data
The User is informed that the controller may, where applicable, transfer his or her personal data to a third country or to an international organisation on the basis of an adequacy decision issued by the European Commission, it being specified that, in the event of a transfer to a country or international organisation not subject to an adequacy decision, then this can only be done on condition that appropriate safeguards are implemented and that the Users concerned have enforceable rights and effective remedies, in accordance with the applicable Regulations.
(g) Retention period of personal data:
The retention period of personal data is as follows: since personal data collection is necessary for the performance, administration and/or delivery of services and/or orders made via the Website, the User’s personal data will be retained
(i) as long as the User is likely to place orders, i.e. as long as the User does not express his/her intention to no longer be a Speakingkong customer or to no longer have his/her personal data retained, via a request made by him through this form. (in accordance with the following provisions)
(ii) within a maximum retention period of 36 (thirty-six) months from the last use by the User of the Website, his/her personal data will no longer be retained.
(h) User’s rights enforceable against the controller (as mentioned above)
The User shall be informed of the existence of his/her right to request from the controller (as mentioned above):
– access to his/her personal data and any available information originated from the data subject;
– rectification or deletion of his/her personal data ;
– limitation of the processing of his/her personal data
– opposition to the processing of the User’s personal data ;
– opposition at any time to the processing of his/her personal data for prospecting purposes, including profiling ;
– portability of the User’s personal data in accordance with the applicable Regulations which provide, among other things, that data subjects have the right to request a copy of their personal data being processed by a controller in a structured, commonly used and machine-readable format, and are entitled to transmit such data to another controller without the controller to whom the personal data have been disclosed impeding it, where:(i) the processing is based on consent pursuant to the applicable Regulations, or for the performance of a contract pursuant to the applicable Regulations and (ii) where the processing is carried out by automated means, it being specified that when the data subject exercises his or her right to the portability of his or her personal data, he or she has the right to have his or her personal data transmitted directly from one controller to another, where this is technically possible.
– withdrawal of his/her consent at any time regarding the processing of his/her personal data (it shall not affect the lawfulness of the processing based on consent before its withdrawal) ;
The exercise of the User’s rights as identified in this term (h) is carried out by means of a request made by him/her via this form.
Where appropriate, it is stipulated that the exercise by a User of his/her right to erasure, objection and limitation of the processing of his/her personal data and/or his/her right to withdraw his/her consent at any time regarding the processing of his/her personal data (in accordance with the aforementioned provisions) shall not make possible the delivery of the services and/or Documents ordered and/or used by the User and, more generally, not make possible the performance of the services ordered and/or used, so that, in such cases (i) as from the time the User exercises the said rights, the User shall no longer be able to access the services and benefits provided by Speakingkong via the Website (ii) should these rights are exercised at the time of order of services or benefits or Documents. Therefore, the User (iii) cannot place the said order and, should the User is a subscription contract holder, the account of the latter recipient of personal data will be deleted.
(i) Claim with CNIL
The User is informed of his/her right to file a claim with the French supervisory authority, which is the Commission Nationale de l’Informatique et des Libertés (CNIL):3 Place de Fontenoy – TSA 80715 – 75334 Paris 07.
(j) Information on the contractual nature of personal data provision
With regard to the provision of information to the User on whether the requirement to provide personal data is of a regulatory or contractual nature or whether it is necessary for the conclusion of a contract and whether the data subject is required to provide personal data, as well as on the possible consequences of not providing such data, the User shall be informed of the following:(i) personal data provision is requested within a contractual scope (as part of the relationship that the User wishes to establish with Speakingkong by placing an order for services or benefits or Documents and/or by using such services) (ii) the provision of such data, in so far as it is necessary for the performance of the services and/or benefits ordered constitutes a condition for the conclusion of this contractual relationship (iii) as such, the User is required to communicate his/her personal data if he/she wishes to order and/or use services and/or benefits and/or Documents through Speakingkong and via the Website (iv) failure to provide these personal data renders impossible the placing of the order for services and/or benefits and/or Documents from Speakingkong.
(k) Automated decision-making
In accordance with the applicable Regulations, we do not make decision based on automated processing of the personal data collected.
(l) Further processing of personal data
In the event of processing of personal data for purposes other than those for which the personal data were initially collected and as identified above, the controller (identified above) shall provide the data subject with information about that other purpose and any other relevant legal information required.
AGE OF THE PERSON WHO CAN PROVIDE HIS/HER PERSONAL DATA
Since the collection of personal data can only concern persons aged at least 15 years, and as personal data is, as indicated above, necessary for the performance and administration of the services, benefits or Documents ordered or requested via the Website, persons under 15 (fifteen) years of age may only give their consent to the collection of their personal data (and consequently access services and benefits deployed via the Website) if they are authorised by the holder of parental responsibility over them so that, by requesting the services and/or benefits accessible via the Website and/or by passing personal data to Speakingkong, Users declare and guarantee to Speakingkong that they are (i) either at least 15 years old (ii) or that they are authorised by the holder of parental responsibility over them. This stipulation is without prejudice to the User’s commitment to Speakingkong whereby he/she declares and guarantees to Speakingkong that he/she has judicial and legal capacity to use the services and/or benefits from Speakingkong delivered via the Website and, where applicable, to pay for such services and/or benefits.
These terms could be subject of an update. As such, the User is invited to check the latest version of these terms, accessible on the Website, particularly in the GCU/CGV.
Appendix: Information on cookies
WHAT IS A COOKIE?
A cookie is a small information file stored in your hard disc by a server of the website you are visiting.
It contains several data:
– The name of the server the cookie was sent from;
– An identifier in the form of unique number;
– Possibly an expiry date…
Those information are sometimes stored on your computer in a simple text file to which a server accesses to read and store information. Information stored in a cookie file allows the issuer to identify the device in which it is stored during its validity period.
Only the server that sent the cookie can read or modify the information stored therein.
Cookies used on our website make it possible for us to identify the services and sections that the user has visited, and more generally his or her browsing behaviour. They help measure the number of visits, the number of pages viewed, as well as visitors’ activity and return rate.
These information are useful to help facilitate your navigation on our website and provide content that matches your interests. Cookies are also necessary for the proper functioning of some services, including those related to protocol for secure visits and payments.
WHAT TYPE OF COOKIES DO WE USE ON OUR WEBSITE?
When you visit our website, we may, subject to your choices, store various cookies on your device that allow us to recognise your device’s browser for the duration of the cookie’s validity.
The cookies we issue are used for the purposes described below, subject to your choices, resulting from the settings of your browser when you visit our website and your consent, with the latter being considered as a freely given specific and informed indication of your wishes.
The cookies we issue help us:
Facilitate your navigation on our website
– by adapting our website look to the display preferences of your device (language used, display resolution, operating system used, etc.) when you visit our website, depending on the operating viewing or reading hardware and software on your device ;
– by storing input when you complete a form on our website (registration or access to your account) or when you browse products, services or information of your choice on our website (subscribed service, content read, purchase made etc…) ;
– by allowing you to access dedicated and personal areas of our website, such as your account, using identifiers or data that you may have previously provided to us ;
– by implementing security measures.
Improve our services
– by making it possible to establish statistics and volume of traffic and use of the various elements composing our website (sections and contents visited, paths) to improve the value and usability of our pages and services.
HOW LONG DO THE COOKIES GENERATED BY OUR WEBSITE LAST?
Cookies generated on our website have a maximum lifetime of 13 months.
WHAT TYPE OF THIRD-PARTY COOKIES DO WE USE ON OUR WEBSITE?
With these third-party applications integrated into our website
– We may include third-party applications to our website, which allow you to share content from our website with other people or make your visit or opinion regarding content on our website known. This is particularly the case for the “Share”, “Like” buttons featured on our website, which come from social networking sites such as Facebook, Twitter, LinkedIn, Viadeo, etc.
– The social network platform providing such an application button could in any way identify you through this button even if you do not use it when you browse our website. This type of application button may allow the relevant social network site to track your browsing on our website, simply because your account on the said social network was activated on your device (open session) during your browsing on our Website.
– We have no control over the process used by social networks to collect information about your browsing on our website and related personal data they hold. We invite you to check the privacy policies of these social networks if you want to know more about the purposes of use, including advertising, of the browsing information they may collect through these application buttons. These protection policies should enable you to exercise your choices with these social networks, namely by setting up your user accounts for each of them.
HOW TO MANAGE COOKIES?
You can set up your browser software for cookies to be stored on your device or, on the contrary, rejected, either systematically or according to their issuer. You can also set up your web browser to accept or reject cookies from time to time before a cookie is stored in your device.