PERSONAL DATA CHARTER
HITSHOT.IO
THE PURPOSE OF THIS CHARTER IS TO PROVIDE THE USER WITH FULL INFORMATION ON THE USE MADE BY HITSHOT SAS OF HIS PERSONAL DATA.
IT SUPPLEMENTS THE GENERAL CONDITIONS OF SERVICE (“CGS”) OF THE HITSHOT COMPANY ACCESSIBLE ON THE PAGE www.hitshot.io/legal-privacy .
THE DEFINITIONS INCLUDED IN THE GENERAL CONDITIONS OF SERVICE ARE APPLICABLE TO THIS PERSONAL DATA CHARTER.
As part of its activities, the Company publishes the HitShot mobile application available on iOS™ and Android™ as well as on its website accessible at www.hitshot.io allowing messages to be sent and received between users, in particular of an emotional nature in order to transcribe the feelings that a user wishes to communicate to the recipient of his message.
In order to ensure the performance of its Services, the Company is obliged to collect personal data relating to the Users of its HitShot Application.
Concerned about the protection of the privacy of the User and the processing of his personal data, the Company undertakes, as Data Controller, to comply with the provisions of Regulation (EU) n ° 2016/679 of April 27 2016, by ensuring the best level of protection of the personal data of its Users.
This Charter thus allows the User to benefit from complete transparency regarding the processing of his personal data by the Company.
I. WHO COLLECTS THE USER'S PERSONAL DATA?
HitShot SAS, a simplified joint-stock company with capital of €1,155.70, registered with the RCS of Nanterre under number 823.280.078, whose registered office is located at 16 rue VAUTHIER 92100 BOULOGNE-BILLANCOURT, and whose intra-community VAT number est FR56823280078 is the Data Controller who collects personal data and implements data processing.
II. WHAT PERSONAL DATA IS COLLECTED BY THE COMPANY?
The collection of the following data is essential for the provision of the Services by the Company:
A. Information necessary for the creation of the User Account, under the conditions of Article 4 of the CGS
On this occasion, the Company collects the following data:
User's first name
Username
User Gender
User's phone number
User's date of birth (optional)
B. Information necessary for sending emotional messages, in particular Musical Quotes, under the conditions of Article 5 of the CGS
On this occasion, the Company collects the following data:
Emotion to convey (love, nostalgia, hate, etc.),
Name of artist, song
Type of Musical Quote (long, short)
Nature of the language (French, English, Spanish, etc.)
III. WHAT ARE THE PURPOSES OF COLLECTING THE USER'S PERSONAL DATA?
The Company is only authorized to use the personal data of its Users if it has a valid legal basis and must ensure that it has one or more of the following legal bases:
The execution of the contract
The performance of a legal obligation
The legitimate interest of the Data Controller
When the User has given his consent.
The Company is required to collect and record personal data of Users for the purposes and according to the following legal bases:
1.1.1 Provision of the Service by the Company => Performance of the contract
The Company uses the User's personal information for the purpose of providing the Services of the HitShot Application and the Site.
The personal data provided by the User also allows the Company to monitor the provision of the Services and any complaints from the latter.
The provision of personal data collected for the purpose of providing the Services on the HitShot Application and/or the Website is mandatory.
In their absence, the Services cannot be provided correctly.
This data may be transmitted to the technical service providers of the Company, for the sole purpose of the proper performance of the Services, or the establishment of statistics.
1.1.2 Resolution and improvement of the Services provided by the Company => Legitimate interest of the Company
The Company uses the User's personal information to provide functionality, analyze performance, correct errors and improve the accessibility and efficiency of the services made available.
1.1.3 Make recommendations for services and customization of User options => Legitimate interest of the Company
The Company uses the User's personal information to recommend features and services that may be of interest to the User.
This data also allows the Company to identify the User's preferences and to personalize his experience with the services offered by the HitShot Application.
1.1.4 Send emotional messages => Legitimate interest of the Company
The Company uses the User's personal information in order to propose the Musical Quote corresponding to the emotion that he wishes to convey to his recipient.
1.1.5 Managing the user relationship and user satisfaction => Legitimate interest of the Company
1.1.6 Creating a file of users and customers => Legitimate interest of the Company
1.1.7 Sending newsletters, solicitations and promotional messages by email => Consent
1.1.8 To comply with the law => Legal Obligation & Legitimate interest of the Company
The Company may be forced to keep the User's personal data in order to meet legal or regulatory requirements (eg verifying the User's identity in order to detect or prevent fraud).
1.1.9 A specific purpose => Consent
The Company may be required to request the User's consent for the processing of his personal information for a specific purpose which will be indicated to him.
When the User has given his consent for this specific purpose, he has the right to withdraw this consent at any time.
The Company then undertakes to cease all processing of User information for this purpose.
IV. ARE USER DATA TRANSFERRED TO THIRD PARTIES BY THE DATA CONTROLLER?
The personal data collected is only processed by the Company, except in the following cases:
A. Communication to business partners
Communication of personal data to business partners and subcontractors of the Company with a view to providing the Services (company in charge of hosting its data, payment provider, etc.)._cc781905-5cde-3194-bb3b- 136bad5cf58d_
B. Communication to the following recipients:
The police authorities in the context of legal requisitions concerning the fight against fraud.
C. This data may also be transmitted to third parties in the context of:
The performance of technical maintenance and development operations for the Website, the HitShot Application, internal applications and the Company's information system;
Statistical analysis;
The collection of user opinions;
Sending the newsletter.
The Company may also share personal data, with the prior and express authorization of the User in the event of a sale, transfer or merger of the Company or part of it, or if the Company acquires or merges with another company.
If such a transaction takes place, the Company will ensure that the other party complies with data protection legislation.
V. WHAT ARE THE RIGHTS OF USERS OVER THEIR PERSONAL DATA?
Pursuant to Articles 14 to 22 of Regulation 2016/679 of April 27, 2016, any natural person using the service has the right to exercise the following rights:
A right to information (which designates the provision of clear and easily accessible information to the User)
A right of access;
A right of rectification;
A right of opposition and erasure to the processing of his data;
A right to object to profiling;
A right to limit processing (which designates the fact that the Company cannot, beyond a certain time, continue to process and use the User's personal data)
A right to the portability of his data (which designates the right of the User to recover the data he has provided and to transfer them)
A right to deletion
Finally, when the Company detects a violation of personal data likely to create a high risk to the rights and freedoms of the User, the User will be informed of this violation as soon as possible.
These rights can be exercised with the Company that collected the personal data by email at the following address: hello@hitshot.io .
In accordance with the regulations in force, all requests must be signed and accompanied by a photocopy of an identity document bearing the signature of the applicant and specify the address to which the response must be sent. A response will then be sent to the User within two (2) months of receipt of the request.
VI. WHAT HAPPENS TO THE USER'S DATA AFTER HIS DEATH?
The User may send instructions to the Company relating to the storage, erasure and communication of his personal data after his death in accordance with article 40-1 of law 78-17 of January 6, 1978 The User can formulate his advance directives at the following address: hello@hitshot.io .
VII. IS USER DATA SENT OUTSIDE THE EUROPEAN UNION?
Personal data concerning the User will not be transmitted for the purposes of the purposes defined above to companies located in countries outside the European Union, with the exception of the communication of mandatory information to any establishment bank and/or payment service provider outside the European Union, where applicable in connection with the payment of a product or service online.
In the event of the transfer of personal data concerning the User to companies located outside the European Union, the data is only transferred to companies which have undertaken to ensure a sufficient and appropriate level of data protection. [in particular by standard contractual clauses (CCT) or internal company rules (BCR).
VIII. HOW LONG ARE USER DATA RETAINED?
The User is informed that the personal data he provides is kept by the Company for the duration of the Service.
The Company has determined that the retention period of personal data will be fixed at the request of the User (who has communicated his identity document) within the framework of the exercise of the rights of interrogation, access, rectification , opposition.
Regarding the retention period of the User's bank details for the purposes of payment or reimbursement, these are only kept for the duration necessary for said payment or reimbursement.
Regarding the retention period of the personal data necessary for sending the Company's newsletter, these are kept for the entire duration of the User's registration for the Company's newsletter.
For certain types of processing, the retention of data is subject to specific retention periods, in particular justified by the legal obligations of the Company. For example, information related to purchases is kept for 10 years.
For more information on the retention periods applied by the Company, the User is authorized to contact the Company's customer service at the following address: hello@hitshot.io .
IX. WHAT ARE THE SECURITY MEASURES TAKEN BY THE COMPANY TO PROTECT PERSONAL USER DATA?
A. Internal Company measures
As data controller, the Company takes all necessary precautions to preserve the security and confidentiality of the data and in particular to prevent it from being distorted, damaged, or from unauthorized third parties having access to it, thanks to the security of the computer system to prevent external access to Users' personal data.
On the other hand, when it uses subcontractors, the Company ensures that they comply with the rules relating to data protection.
B. Relations with subcontractors
When it uses subcontractors likely to process the User's personal data, the Company ensures that they provide sufficient guarantees as to compliance with the rules relating to data protection, and at least the same guarantees as those of the Company, by concluding a contract to this effect with said subcontractors.
C. Payment providers
In order to ensure payment security, payment is secured using an encryption process, allowing the User's bank details to be sent encrypted to secure online payment platforms operated and managed by third-party payment providers.
It also takes all encryption and security measures for its information systems necessary to guarantee the security of the User's banking data kept for the duration of use of the Services.
D. The fight against Internet fraud
In order to secure payments and ensure an optimal quality of service, the personal data collected on the HitShot Application and the Site are also processed by the Company to determine the level of risk of fraud associated with each transaction and, if necessary , help to modulate the conditions for its execution.
X. DOES THE COMPANY USE COOKIES, TAGS AND TRACKS?
When the User uses the Company's Services, the latter automatically receives and saves certain types of information such as the parameters of the Internet browser used, or identifiers to allow the User to connect.
Cookies and tracers strictly necessary for the provision of a service expressly requested by the User do not require their prior consent. Thus, for example, the following trackers do not require User consent:
“ session identifiers” cookies, for the duration of a session, or persistent cookies limited to a few hours in some cases;
authentication and consent cookies;
persistent cookies for customizing the user interface (choice of language or presentation),
where applicable, cookies from “ shopping cart ” for a merchant service;
Any other cookie requires prior information and the express prior consent of the User, for example:
cookies related to advertising operations;
social network cookies generated by social network sharing buttons when they collect personal data without the consent of the persons concerned;
certain audience measurement cookies.
When the User enters the Site, an information message is displayed to warn him of the use of cookies:
“This website uses cookies. »
“We use cookies to personalize content and ads, to provide social media features and to analyze activity on our website. We also share information about the use of our site with our social media, advertising and analytics partners. Our partners may combine this information with other information that you have provided to them or that they have collected through your use of these services. »
The collection of consent is done by the appearance of a visible banner on the Website allowing the User to choose the cookies that will be placed on his terminal, with the exception, however, of the cookies necessary for the provision of the Services.
“Cookies” and other unique identifiers are thus used to obtain this information when the User's browser or device accesses the Website.
A. What is a Cookie?
The term cookie encompasses several technologies making it possible to monitor the navigation and actions of the Internet user. These technologies are multiple and constantly evolving. In particular, there are cookies, tags, pixels, Javascript code.
The cookie is a small text file saved by the browser of your computer, tablet or smartphone and which makes it possible to store user data in order to facilitate navigation and allow certain functionalities.
B. Why are cookies, tags and tracers used?
Cookies are used by the Company in order to memorize the preferences of the User, to optimize and improve the use of the Website by the User by providing content which is more precisely adapted to his needs.
C. The Cookies that the Company issues on the site allow:
To identify the User when connecting to the Site and/or the HitShot Application;
To determine the settings of the User's Internet browser, such as the type of browser used and the plug-ins installed there;
To establish statistics and volumes of visits and use of the various elements making up our services (using audience measurement cookies);
To adapt the presentation of the Site and/or the HitShot Application according to the terminal used;
To adapt the presentation of the Site and/or the HitShot Application according to the affinities of each User;
To optimize the services offered on the Website;
Communicate with the User in a targeted manner.
Only the issuer of a cookie is likely to read or modify the information contained therein.
Some cookies are installed until the User's browser is closed, others are kept for longer.
D. Navigation software settings
The User can configure the navigation software so that cookies are saved in their terminal or, on the contrary, that they are rejected, either systematically or according to their issuer.
The User can also configure his browser software so that the acceptance or refusal of cookies is offered to him from time to time, before a cookie is likely to be saved in his terminal.
E. How to exercise this choice, depending on the browser used?
For the management of cookies, the configuration of each browser is different.
The "help" section of the toolbar of most browsers indicates how to refuse new "cookies" or obtain a message indicating their receipt, or how to deactivate all "cookies".
The cookies that the Company issues are used for the purposes described above, subject to the User's choices, which result from the settings of his browser software used during his visit to the Site and his agreement by clicking on the button “ok” of the cookie banner.
Several possibilities are offered to the User to manage cookies. Any configuration of the User on the use of cookies will be likely to modify his browsing on the Internet and his conditions of access to certain services requiring the use of cookies.
The User can choose at any time to express and modify his wishes in terms of cookies, by the means described below.
For Internet Explorer™: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies ,
For Safari™: http://docs.info.apple.com/article.html?path=Safari/3.0/fr/9277.html ,
For Chrome™: http://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647 ,
For Firefox™: http://support.mozilla.org/fr/kb/Activer%20et%20d%C3%A9sactiver%20les%20cookies ,
For Opera™: http://help.opera.com/Windows/10.20/fr/cookies.html
XI. THE COMPANY DATA PROTECTION DELEGATE
The Company does not meet the criteria for appointing a Data Protection Officer, provided for in Regulation (EU) n°2016/679 of April 27, 2016.
XII. UPDATE OF THE PERSONAL DATA POLICY
The Company may update this policy from time to time.
In the event of a significant change, the Company notifies you by e-mail or by any other means. To the extent permitted by applicable law, using our services after such a warning constitutes acceptance of updates to this policy.