Last update: July 6, 2021
Capitalized terms refer to the following definitions:
The "Company" means [SBD Motion [….] whose registered office is located at 6 rue du Fort 91120 Palaiseau, France, registered in the Trade and Companies Register under number […] whose intra-community VAT number is […]
The "Site" means the website(s) accessible from the URL link HappyGayTV.com and all the sites published by SBD Motion to present and sell its Services, including in particular:
"You" means the persons concerned by the Processing carried out on the Site (users, prospects, customers, etc.).
"Data" corresponds to any information about an identified or identifiable natural person (the "data subject") directly or indirectly, in particular by reference to an identifier (name, identification number, location data, online identifier, etc.) or to one or more elements specific to its identity.
“Processing” corresponds to any operation applied to Data (collection, recording, organization, storage, adaptation, communication by transmission, dissemination, deletion, etc.).
A "Data Controller" is one who, alone or jointly with others, determines the purposes and means of processing and a "subcontracting" is one who processes Data on behalf of the controller. On the Site, unless otherwise stated, we are responsible for data processing.
A "Recipient" is the natural or legal person, public authority, service or any other body that receives communication of personal data, whether or not it is a third party.
“Regulation” means 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 ( ''GDPR''); Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms; the rules applicable to commercial prospecting provided for by the Post and Telecommunications Code, and more generally the laws and regulations applicable to the Data Processing that we carry out.
2. SHOWCASE SITE AND COMMERCIAL PROSPECTING
The Site presents the activities of our Company and various forms (contact, subscription to the newsletter, etc.). By completing the forms and communicating with us via the Site, you send us the following categories of information:
- Identity data: civility/gender; name ; first name ; and optionally, we may ask you for your date of birth to provide birthday offers;
- Contact data and correspondence: email address; mailing address (address, postal code, city); phone number; In the event of a request to customer service, the nature of your request and the content of your request.
- Opinion and contribution data: pseudonym, date of the opinion, content of the opinion, product or service concerned, if applicable profile photo attached to the opinion; The Company may enrich its Site by collecting and republishing the opinions and contributions issued in relation to its offers by its customers on other sites (in particular social networks) when these contributions are freely accessible to the public;
- Data necessary for carrying out loyalty, prospecting, study, survey, product test and promotion actions;
- Data relating to the organization and processing of contests, lotteries and any promotional operation
- Data collected through actions to exercise the rights enshrined in the Regulations.
In accordance with our legitimate interest, and where necessary when necessary for the execution of pre-contractual measures taken at your request or of a contract, we carry out processing on the aforementioned Data for the following purposes:
Presentation of the Company's products and services;
- Management, processing and monitoring of requests and exchanges with the Company, via the Site (if necessary by offering you a chatbot, a call reservation tool, etc.);
- Management of the relationship with prospects;
- Management of people's opinions on the Company's products, services or content;
- Prospecting and/or sending information, management of technical prospecting operations, choice of people to carry out loyalty actions, prospecting, surveys, product testing;
- Organization of contests, lotteries or any promotional operation on the Site.
The data used for commercial prospecting management purposes is kept for a maximum of three years from the last active contact from the prospect or customer, and before in the event of withdrawal of your consent to receive messages from us. Data from opinions and contributions are kept for the duration of public access to the opinion on the Site.
In accordance with our legal obligations, identity and contact data will also be processed for the following purposes:
- Updating of its prospecting files by the organization in charge of managing the list of opposition to canvassing, in application of the provisions of the Consumer Code
- Management of requests for the right of access, rectification and opposition, and more generally of the rights described in the Policy.
3. ONLINE SALE
The Site allows you to make purchases, which leads us to process the following Data:
- Identity and contact data
- Data relating to the contractual and commercial relationship: Details of the content of the order; Pre-contractual exchanges relating to the order (subject, date, etc.); Communications with the Company.
- Payment and transactional data: transaction date, amount, means of payment, order number, billing data;
This information is necessary for the management of our customer-prospect file, and more specifically for the following purposes in accordance with our GCS accepted when ordering on the Site and with our legal obligations:
- Carry out operations relating to the management of files concerning: contracts including registrations; the orders ; delivery of the product or service; legal and commercial warranties; the bills ; accounting and monitoring of the commercial relationship (after-sales service) including for opinions on the Company's offers;
- Prevention and fight against fraud and means of payment and in particular against bank card fraud;
- Management of unpaid bills and litigation, provided that it does not relate to offenses and/or that it does not result in the exclusion of the person from the benefit of a right, a service or a contract.
Secure payment. All transactions made on our Site are secure. Credit card payments are handled by our payment service provider (“PSP”), as indicated in our general terms and conditions or on the order page for our products and services. We thus have an SSL encryption system to protect your personal data as well as the means of payment used. At no time are we directly in possession of your bank details through this process.
Retention periods. The personal data that we process are kept for the durations presented in the table below.
Data processed for commercial prospecting purposes
3 years from the last active behavior of the prospect or the collection of Data
Data necessary for the processing of your order and the management of contractual and commercial relations
3 years from the last active behavior of the customer or, failing that, from the end of the contractual relationship. For accounting documents (purchase orders, delivery slips, customer invoices): 10 years from the end of the financial year
Order contracts for an amount less than 120.00 euros
5 years from the conclusion of the contract.
Order contracts for an amount greater than 120.00 euros
10 years from the date of delivery or service.
Bank details: in case of single payment
13 months for immediate debit payment cards and 15 months for deferred debit payment cards from the date of debit (for the purpose of responding to any dispute)
Bank details: in the event of taking out a subscription with tacit renewal
13 months for immediate debit payment cards and 15 months for deferred debit payment cards from the debit date of the last payment due date, occurring at the end of the subscription (for the purposes of responding to a possible contestation)
4. ACCOUNT CREATION
Creating an account is mandatory to place an order on the Site.
On the Site, you can create an account and in this case, the following information will be processed:
- Identity and contact data
- Account connection data: username, password; which may be automatically recorded on the Site only if you consent to this via your browser settings;
- Account access and usage data: IP address, connection time, connection duration, account settings, use of any account features.
Processing will be carried out for the purposes of managing authentication procedures, procedures for the loss of identifiers or passwords and for the purposes of executing the order in accordance with the intended purposes for online sales.
The Identity and Contact Data provided when creating the account will be used with your consent to inform you about the Company's products and services.
The Company may provide tools for creating a profile by adding optional information to your account (identity, social networks, age, profile photo, profession, etc.).
5. DELIVERIES OF MATERIAL PRODUCTS
To deliver the products ordered on the Site, we will ask you for your delivery postal address, if this is different from the billing address. If the delivery of a good is intended for a third party, you confirm that you have the authorization to transmit their identity and delivery data. This Data will be transmitted to the carrier responsible for the delivery.
Other information necessary for delivery will be processed in accordance with our GCS and our legitimate interest (delivery method, package size, delivery tracking information, delivery date, receipt note, signature of the note. ..).
6. SUPPLY OF DIGITAL PRODUCTS
The legal basis of the Processing aimed at the supply of digital content is contractual and, if not provided for in the T&Cs, responds to our legitimate interest. For this purpose, we will process the following Data:
- Identity and contact data
- Content access data: Username and password, which can be automatically saved on the Site only if you consent to it via your browser settings and connection information to the access space (IP address, connection time , duration of connection, use of any tools available from this dedicated space, etc.).
- Content data: Content consultation and tracking data: Module consultation data, time spent on content; Information about audio files downloaded and/or listened to
- Tracking data: Progress indices, statistics and progress tracking; possible grades, surveys and quizzes carried out, past evaluations
Publication data: Content of the publication of your contribution (comment, question, publications, opinions, etc.) date, time, response rate, information on the publication space concerned.
The Site from which the content is accessible may include technical devices that allow the use of the Site to be monitored (logged-in user account, IP address, type of application used, various logs of connection and use of the User account …). The Data from these devices may be used in the context of the fight against counterfeiting, and/or to identify and/or prevent any illicit or non-compliant use of the Site and/or violation of the applicable T&Cs.
7. PERSONALIZED ACCOMPANIMENT SERVICE
The legal basis of the Processing aimed at providing a personalized support service is contractual and, if not provided for in the GCS, responds to our legitimate interest.
We offer personalized support services in the context of which we will collect and process the following Data:
- Organization data: Identity data, contact data, information on time slots reserved, canceled, completed, and all the information necessary for the organization of this type of service;
- Monitoring data: Progress indices, any notes taken during the support, data from audits, surveys and quizzes carried out, past evaluations, information necessary for the production of a report.
This data can be archived for five years after the end of the support service order contract.
Registrations and organization. We can organize face-to-face or remote events, conferences, festive or business events (the "Events") which can be free or paid. The personal data necessary for the organisation, management, processing and monitoring of invitations, registrations and participation in these Events are subject to computerized data processing. This Data may be archived for five years after the event.
Image. In addition, we may be required to fix your image and/or your voice on photo, audio or video media during an Event, in accordance with our T&Cs or any other separate agreement. The recordings may be recorded and published by the Company, including on social networks in accordance with its legitimate interests. If you do not wish to appear, you can turn off your camera in the event of a remote event, stand in the back of the room, not take part in group photos, not wave to the photographer / cameraman, etc. in the event of a face-to-face event.
9. SOCIAL NETWORKS AND THIRD-PARTY SITES
Public information. The information concerning you, which you have transmitted to us, may possibly be enriched for commercial, prospecting, communication, solicitation or marketing purposes, by means of other sources of information such as social networks. This includes information that is said to be “public” or to which we may have access as an administrator of a page or group. The legal basis for this processing is our legitimate interest as a commercial company.
Interconnection. In the event that your member area can connect to another service (for example, a social network) to make cross-mailings, then the third-party service may communicate to us information whose disclosure you have authorized. You are informed that the publishers of third-party services may also collect information concerning the consultation and/or use of the Site, in accordance with their own personal data processing policy. More information on registering for the Site from a third-party account, for:
10. EXERCISES OF YOUR RIGHTS
For any request to exercise the aforementioned rights or for more information, you can contact the Company at the address by clicking on the link here or by post to the address of the Company's registered office indicated in-head.
In accordance with the Regulations, you have the following rights over your Data:
- Right to rectification (Art. 16 GDPR) and updating of your data held by us.
- Right to erasure of your Data (Art. 17 GDPR) when the data is no longer necessary for us, when you have withdrawn your consent to their Processing (if it was based on our consent) or when you oppose the Processing based on our legitimate interest or the processing carried out for prospecting purposes or for profiling purposes related to prospecting.
- Right to withdraw your consent at any time (Art. 13-2c GDPR) for all data processing based on the legal basis of your consent. In addition, in terms of commercial prospecting, you have the possibility of unsubscribing at any time from our mailing lists by clicking on the unsubscribe link present in our communications or by contacting us to no longer receive any solicitation message.
- Right to limit Processing, which, except for compelling reasons, can only be implemented with your consent (Art. 18 GDPR) when:
You dispute the accuracy of the data, for the time necessary to verify them,
If the data processing is unlawful but you oppose the erasure of the data and instead choose the limitation of the processing,
When we no longer need the data but they are still necessary for you to establish, exercise or defend your legal rights.
When you have objected to the processing based on our legitimate interest, for the time necessary to balance our respective interests.
- Right to the portability of Data directly provided by the data subject when they are subject to automated processing based on your consent or on a contract (Art. 20 GDPR). This right means that you have the option of requesting the communication of this data in a structured, commonly used and machine-readable format so that it can be communicated to another data controller.
- Right to object (Art. 21 GDPR) to the processing of your data when this Processing has our legitimate interest as its legal basis.
- Right to define the fate of your Data after your death (art. 40-1 of law 78-17 of January 6, 1978) and to possibly choose a trusted third party to whom the Company will have to entrust them.
You can also obtain more information on the CNIL website.
In the event of a request for exercise, the Company reserves the right to ask you to specify your request and provide proof of identity (which will be kept for one year in the event of exercise of the right of access or rectification and three years in the event of exercise of the right of opposition). If our response does not bring you full satisfaction, you always have the option of lodging a complaint with the personal data protection and control authority to which you are subject (in France, the CNIL).
11. RETENTION PERIODS
Commitments. Means of effective deletion of Data are put in place as soon as the retention or archiving period necessary for the fulfillment of the determined or imposed purposes is reached, in particular after deletion of your account with our Company or at the end of the contract. with our Company.
Minimization. In any case, the Data subject to Processing is not kept beyond the time necessary for the performance of the obligations defined at the conclusion of the contract, or laid down by the legislation in force. Beyond that, they may be anonymized and kept for statistical purposes, in particular in an aggregated form.
Litigation. Similarly, we may archive information demonstrating the performance of our contractual obligations until the expiry of the limitation / foreclosure periods applicable to legal actions, and this for the proper defense of our interests before the courts in the event of litigation. ulterior. This concerns in particular but not exclusively the durations provided for by the Commercial Code, the Civil Code and the Consumer Code.
Commitments. We are committed to ensuring that any recipient of data presents sufficient and appropriate contractual guarantees to respect your rights, so that the processing meets the requirements of the GDPR when this regulation applies (in particular with regard to subcontracting). Based on our legal obligations, your Data may be disclosed pursuant to a law, regulation or pursuant to a decision of a competent regulatory or judicial authority.
The information that you communicate to us is for internal use by the authorized persons, it is strictly confidential and cannot be disclosed to third parties, except under the conditions provided for by the Regulations in the event of express agreement or if you have decided to make it public.
Subcontracting. Our external service providers (e.g. suppliers, carriers, etc.) may, in the context of the processing described above, be recipients of personal data when this is necessary for the performance of their mission.
Transfer outside the EU. We undertake to ensure compliance with the applicable regulations relating to the transfer of data to countries located outside the European Union and in particular according to the following methods:
- We will transfer visitor, prospect and customer data to countries recognized as offering an adequate level of protection;
- When the country of destination does not benefit from an adequate level of protection, we manage the flows using transfer tools that comply with the regulations (standard contractual clauses of the European Commission, in particular).
Aggregation of Non-Personal Data. We may publish, disclose and use aggregate information (information relating to site users, prospects, customers, etc.) that we combine in such a way that no individual person is individually identifiable. This processing is carried out in accordance with our legitimate interest for statistical purposes, sector and market analysis, presentation of our activities, promotional and advertising purposes and other commercial purposes.
13. COMPUTER SECURITY
Commitments. We undertake to implement the appropriate technical and organizational measures using physical and logistical security means to limit the risks of accidental, unauthorized or illegal access, disclosure, alteration, loss or destruction of personal data about you.
Warnings. We invite you to be careful about what you decide to make public on the internet. With regard to personal data, including those relating to your private life or sensitive, made public on your initiative or deduced via your contributions, comments and positions of any kind whatsoever on the Site, or even social networks on groups and/or conversations with other users of the Site.
Https protocol. The URL address of the Site is accompanied by a closed padlock or a key appears at the bottom right of your browser indicating the existence of the Https security protocol, applicable to the storage of data in particular. This means that you are in a secure browsing zone, especially when your credit card number is requested.
Data Breach. In the event that an event resulting in the realization of the risks of modification, disappearance or unauthorized access to the Data, we undertake to:
- Examine the causes of the incident;
- Take the necessary measures to limit the negative effects and damages that may result from said incident;
- Notify the incident to the competent authority and/or the persons concerned as soon as possible when this meets a legal requirement.
Under no circumstances can the commitments defined in the point above be assimilated to any acknowledgment of fault or liability for the occurrence of this incident.
Mandatory or optional character. On the Site, you are informed of the mandatory nature of the answers by the presence of an asterisk or any other type of mention. In the event of an incomplete request (for example: online registration or order, request for information, etc.), the Company reserves the right to request additional information or to rule out by any technical means the possibility of validating the form concerned.
Hypertext links. The Site may provide links to other sites, applications and services than its own, which may be operated by third-party companies. We are not responsible for the processing of personal data carried out by these third-party sites, or sites pointing to the Site, the user of which is invited to consult the personal data protection policies for more information. The Policy is applicable only to the activities of the Company, which cannot be held responsible for any breaches by a third party of its obligations with regard to the protection of personal data.
Scope. The Policy is not exhaustive of all processing and we reserve the right to supplement it by any means.
Language. The Policy is written in French. In the event that it is translated into one or more languages, only the French text shall prevail in the event of a dispute.
Non-Waiver. The temporary or permanent non-application of one or more clauses hereof does not constitute a waiver on its part of the other clauses hereof which continue to produce their effects.