Last update : 11 February 2021
Capitalized terms refer to the following definitions:
The “Company” or “we” refers to Mr. CHOUTEAU Christophe operating as a sole proprietorship whose SIREN number is 888 812 872 and whose head office is located at 37 Impasse des bois, 74500 PUBLIER.
The “Site” refers to the website(s) accessible from the URL link PERFATTITUDE.COM and their possible sub-sites allowing access to a space for consulting content, a space reserved for customers, etc., which are provided by the Company.
“You” refers to the persons concerned by the Treatments carried out on the Site (users, prospects, customers…).
A “Data” corresponds to any information on 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 his or her identity.
A “Treatment” corresponds to any operation applied to Data (collection, recording, organization, conservation, adaptation, communication by transmission, diffusion, erasure…).
A “controller” is the person who, alone or jointly with others, determines the purposes and means of processing and a “processor” is the person who processes the Data on behalf of the controller. On the Site, unless otherwise stated, we are the Data controller.
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.
The “Regulations” refers to 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 (“RGPD”); Law No. 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties; the rules applicable to commercial canvassing provided by the French 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, newsletter subscription…). By completing the forms and communicating with us via the Site, you are sending us the following categories of information:
- Identity data: civility/gender; last name; first name; and optionally, we may ask for your date of birth for birthday offers;
- Contact data and correspondence: e-mail address; postal address (address, zip code, city); telephone number; In case of a request to customer service, the nature of your request and the content of your request.
- Notice and contribution data: pseudonym, date of the notice, content of the notice, product or service concerned, where applicable profile photo attached to the notice; The Company may enhance its Site by collecting and republishing notices and contributions issued in connection with its offers by its customers on other sites (including social networks) when such contributions are freely accessible to the public;
- Data necessary to carry out loyalty actions, canvassing, studies, surveys, product testing and promotion;
- 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 for the execution of pre-contractual measures taken at your request or of a contract, we carry out processing on the above-mentioned Data for the following purposes:
- Presentation of the Company’s products and services;
- Management, processing and follow-up 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 about the Company’s products, services or content;
- Prospecting and/or sending of information, management of technical prospecting operations, choice of people to carry out loyalty actions, prospecting, survey, product test;
- Organization of contests, lotteries or any promotional operation on the Site.
The data used to manage commercial prospecting is kept for a maximum of three years from the last active contact from the prospect or customer, and before in case of withdrawal of your consent to receive messages from us. Notice and Contribution Data is retained for the duration of the public access to the notice on the Site.
In accordance with our legal obligations, identity and contact data will also be processed for the following purposes:
- Updating of its canvassing files by the organization in charge of the management of the list of opposition to telephone canvassing, in application of the provisions of the consumer code.
- Management of requests for access, rectification and opposition rights, and more generally of the rights described in the Policy.
3- ONLINE SALE
The Site makes it possible to make purchases, which leads us to carry out Treatments on the following Data:
- Identity and contact data
- Data relating to the contractual and commercial relationship: Details of the content of the order; Pre-contractual and order-related exchanges (purpose, date, etc.); Communications with the Company.
- Payment and transactional data: transaction date, amount, means of payment, order number, invoicing data;
This information is necessary for the management of our client-prospects file, and more precisely for the following purposes in accordance with our GTC accepted when ordering on the Site and with our legal obligations:
- Carry out operations relating to the management of files concerning: contracts, including registrations; orders; delivery of the product or service; legal and commercial guarantees; invoices; accounting and follow-up of the commercial relationship (after-sales service), including opinions on the Company’s offers;
- Prevention and fight against fraud and means of payment and in particular against credit card fraud;
- Management of unpaid bills and litigation, provided that it does not concern infringements and/or does not result in the exclusion of the person from the benefit of a right, a service or a contract.
Secured payment. All transactions made on our Site are secure. Payments by credit card are made by our payment service providers (“PSP”), as indicated in our general terms and conditions or on the order page of 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 thanks to this process.
Shelf life. The personal data that we process is kept for the periods shown in the table below.
|Data concerned||Shelf life|
|Data processed for commercial prospecting purposes||3 years from the prospect’s last active behavior or collection of Data|
|Data necessary to process your order and to manage contractual and commercial relations||3 years from the customer’s last active behaviour or, failing that, from the end of the contractual relationship. For accounting documents (purchase orders, delivery notes, customer invoices): 10 years from the end of the fiscal year.|
|Order contracts for an amount less than 120.00 euros||5 years from the conclusion of the contract.|
|Order contracts for an amount exceeding 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 a possible dispute)|
|Bank details: in the case of 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 purpose of responding to a possible dispute)|
4- PERSONALIZED COACHING SERVICES
The legal basis of the Treatments having for object the provision of a personalized accompaniment service is contractual and, if not provided for in the GCS, meets our legitimate interest.
We offer personalized support services within the framework of which we will collect and process the following Data:
- Organizational data: Identity data, contact data, information on slots reserved, cancelled, performed, and all information necessary for the organization of this type of service;
- Monitoring data: Progress indicators, any notes taken during coaching, data from audits, surveys and quizzes conducted, past evaluations, information required for reporting.
This data can be archived for five years after the end of the support service order contract.
Registration 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 organization, management, processing and follow-up of invitations, registrations and participation in these Events are subject to computerized data processing. These Data may be archived for five years after the Event.
Image. In addition, we may be required to fix your image and/or voice on photo, audio or video media during an Event, in accordance with our GTC 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 may turn off your camera in case of a remote event, place yourself at the back of the room, do not participate in grouped photos, do not make a sign to the photographer / cameraman, etc. in case of a live event.
6- SOCIAL NETWORKS AND THIRD PARTY SITES
Public information. The information concerning you, which you have transmitted to us, can 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 “public” or to which we may have access as the 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 do cross-mailing, then the third party service may provide us with information that you have authorized to be disclosed. You are informed that the editors 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 about registering on the Site from a third party account, for :
7- EXERCISING YOUR RIGHTS
For any request to exercise the aforementioned rights or for further information, you may contact the Company at the address of the Company’s registered office indicated in the header.
In accordance with the regulations, you have the following rights over your Data:
- Right to rectify (art. 16 RGPD) and update your data in our possession.
- Right to the deletion of your Data (art. 17 RGPD) 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 object to the Processing based on our legitimate interest or to the processing carried out for canvassing purposes or for profiling purposes related to canvassing.
- Right to withdraw your consent at any time (art. 13-2c GDR) for all data processing based on the legal basis of your consent. Furthermore, with regard to commercial prospecting, you have the possibility to unsubscribe from our mailing lists at any time by clicking on the unsubscribe link present in our communications or by contacting us to no longer receive solicitation messages.
- Right to the limitation of the Treatment, which, except for compelling reasons, can only be implemented with your agreement (art.18 RGPD) when :
- You dispute the accuracy of the data for the time it takes to verify it,
- If the data processing is unlawful but you object to the deletion of the data and choose instead the limitation of the processing,
- When we no longer need the data but they are still necessary for the establishment, exercise or defense of your rights in court.
- 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 the Data directly provided by the person concerned when they are subject to automated processing based on your consent or on a contract (art. 20 RGPD). This right means that you have the possibility to request the communication of such Data in a structured, commonly used and machine-readable format to be communicated to another data controller.
- Right to object (art. 21 RGPD) to the processing of your data when this Processing has as a legal basis our legitimate interest.
- Right to define the fate of your Data after your death (art. 40-1 of the law 78-17 of January 6, 1978) and to choose, if necessary, a trusted third party to whom the Company shall entrust them.
You can also get plus d’informations sur le site de la CNIL.
In the event of a request to exercise this right, the Company reserves the right to ask you to specify your request and to 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 you are not fully satisfied with our response, you always have the possibility of filing a complaint with the authority responsible for the control and protection of Personal Data (in France, the CNIL).
8- SHELF LIFE
Commitments. Means of effectively deleting Data are put in place as soon as the retention or archiving period necessary to achieve 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 being the object of a Treatment are not kept beyond the time necessary for the execution of the obligations defined at the time of the conclusion of the contract, or posed by the legislation in force. Beyond that, they may be anonymized and kept for statistical purposes, particularly in aggregate form.
Litigation. Similarly, we may archive information demonstrating the performance of our contractual obligations until the expiry of the limitation/forfeiture periods applicable to legal actions, for the proper defence of our interests before the courts in the event of subsequent litigation. This concerns in particular but not exclusively the periods provided for by the French Commercial Code, the Civil Code and the Consumer Code.
Commitments. We undertake to ensure that any recipient of data presents sufficient and appropriate contractual guarantees to respect your rights, so that the processing meets the requirements of the DPMR when this regulation applies (particularly with regard to sub-contracting). On the basis of our legal obligations, your Data may be disclosed pursuant to a law, a regulation or a decision of a competent regulatory or judicial authority.
The information that you communicate to us is for internal use by authorized persons, it is strictly confidential and cannot be disclosed to third parties, except under the conditions provided for by the Regulation in case of express agreement or if you have decided to make it public.
Subcontracting. Our external service providers (e.g. suppliers, carriers, etc.) may, within the framework of the processing described above, receive 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 data transfers to countries outside the European Union and in particular according to the following terms and conditions:
- We will transfer the data of visitors, prospects and customers 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 control the flows using transfer tools that comply with regulations (European Commission standard contractual clauses, in particular).
Aggregation of non-personal data. We may publish, disclose and use aggregated information (information about site users, prospects, customers…) 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, industry and market analysis, presentation of our activities, promotional and advertising purposes and other commercial purposes.
Commercial partnership. The e-mail addresses of customers who have accepted are made available to our business partners, to inform you of their offers and news:
10- IT SECURITY
Commitments. We undertake to implement the appropriate technical and organizational measures through physical and logistical security means to limit the risks of accidental, unauthorized or illegal access, disclosure, alteration, loss or destruction of your personal data.
Warnings. We invite you to be careful about what you decide to make public on the Internet. With regard to personal data, including data relating to your private life or sensitive data made public at your initiative or inferred from your contributions, comments and statements of any kind whatsoever on the Site, or 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 data storage in particular. This means that you are in a secure browsing area, especially when you are asked for your credit card number.
Data breach. In the event that an event occurs that involves the risk 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 prejudices that may result from the said incident ;
- Notify the competent authority and/or the persons concerned of the incident as soon as possible where this meets a legal requirement.
Under no circumstances can the commitments defined in the above point be assimilated to any admission of fault or liability for the occurrence of this incident.
Mandatory or optional. 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 sites, applications and services other 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 the sites pointing to the Site, whose user is invited to consult the personal data protection policies for more information. The Policy is applicable only to the activities of the Company, which shall not be held liable for any failure by a third party to comply with its obligations in terms of personal data protection.
Scope of application. The Policy is not exhaustive of all treatments 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 be deemed authentic in the event of a dispute.
No waiver. The temporary or permanent non-application of one or more of the clauses herein shall not constitute a waiver on its part of the other clauses herein, which shall continue to have effect.
INFORMATION ON COOKIES
Presentation: Cookies and tracers (hereafter “cookies”) refer to connection cookies and, more generally, any file – deposited during the consultation of a website or mobile application, the installation or use of software in the user’s terminal equipment – the purpose of which is to read or write information in this equipment. Cookies allow us to collect Site consultation Data (IP address, Internet service provider, hardware configuration, software configuration, browser type and language, etc.).
Cookies may be deposited by the Company or by third party companies without your consent when they are strictly necessary for the operation of the site or to facilitate communication to the online public, for example when they are intended for authentication, to store the contents of a shopping cart, to generate traffic statistics, or to limit free access to a sample of content requested by users.
Duration: The maximum retention period for cookies is 13 months after they are first deposited in your terminal and this period is not extended with each visit.
Consent to the deposit of cookies : Except in cases of use not subject to consent, cookies and trackers will be deposited on your terminal only with your express consent. You may be periodically asked to reiterate your consent to ensure that it is still valid.
Setting cookies : You always have the possibility to modify your preferences directly via the Site or via your browser settings (Firefox with reinforced protection against tracking ; Firefox with cookie deletion ; Chrome ; Internet Explorer ; Safari ; Opera ; Microsoft Edge). You can also configure your device’s browser to enable the “Do Not Track” option, which will tell sites you visit, ad networks, or applications that you do not want to be “tracked”. This feature is available for the following browsers, among others: Firefox ; Chrome ; Internet Explorer ; Safari ; Opera ; Microsoft Edge.
In case of refusal of cookies that are not essential to the operation of the Site: Some features of the Site such as video players or interactive content use services offered by third parties and deposit cookies that allow them to identify your consultation of the content. In case of refusal of the deposit of these cookies, the personalization features will not be able to work and the contents that will be proposed to you (in particular the suggestions of videos or advertisements) will always be present but will not be related to your centers of interest.