PERSONAL DATA PROTECTION POLICY
PERSONAL DATA PROTECTION POLICY
Applicable from: 18 September 2023
Preamble
The VOXPAY Site (hereinafter referred to as « the Site ”) is operated by the Company VOXPAY, A simplified joint-stock company with a share capital of €26,320, registered in the Créteil Trade and Companies Register under number 828 701 755, with its registered office at 5 avenue du Général de Gaulle 94160 Saint-Mandé, and can be contacted by e-mail at [email protected] (hereinafter referred to as « the Service Provider » or « VOXPAY ”).
Access to the Site and its functions requires the collection and processing of Users' personal data. It was therefore necessary to establish a personal data protection policy (privacy policy) that would enable us to comply with the recommendations on the processing of personal data as laid down by the applicable laws and regulations.
The Site's Data Protection Policy has been drawn up in accordance with the recommendations of the French Data Protection Authority (CNIL [Commission Nationale de l'Informatique et des Libertés]). Its purpose is to inform Users of the Site of the way in which their personal data are processed and of the commitments and measures we have taken to ensure that the personal data of Users of the Site are respected.
It has been drawn up in accordance with the provisions of:
The French Data Protection Act of 6 January 1978;
The European Regulation on Personal Data (known as the «GDPR») of 23 May 2018;
The Law transposing the European Regulation on the Protection of Personal Data (GDPR) of 20 June 2018.
The version currently published on the Site is the current version of this policy. The Service Provider reserves the right to modify it at any time in order to comply with current legal obligations. Any changes to the Privacy Policy will be communicated to Users in order to obtain their consent to the new policy.
By browsing our Site, Users acknowledge that they have read, understood and accept this data protection policy. Any questions relating to this policy can be sent to the following address: [email protected].
Article 1 – Definitions
1.1 Technical terms relating to the protection of personal data
On our Site, the terms below have the meaning ascribed to them in the GDPR (art.4):
Consent : «of the data subject, means any freely given, specific, informed and unambiguous indication of their wishes by which the data subject signifies their agreement, either by a declaration or by a clear act in writing, to personal data relating to them being processed»;
Controller : «the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing; where the purposes and means of such processing are determined by Union law or by the law of a Member State, the controller may be designated or the specific criteria for such designation may be laid down in Union law or in the law of a Member State»;
Processor : «the natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller»;
Processing : «any operation or set of operations which is performed upon personal data or sets of personal data, whether or not by automatic 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»;
Personal data breach : «a breach of security resulting in the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of or access to personal data transmitted, stored or otherwise processed».
1.2 Other terms used herein
« Site «: means the «VOXPAY» Website, operated by VOXPAY and made available to the User at the following link: www.voxpay.fr.
« Service Provider ”: means the Company VOXPAY, A simplified joint-stock company with a share capital of €26,320, registered in the Créteil Trade and Companies Register under number 828 701 755, with its registered office at 5 avenue du Général de Gaulle 94160 Saint-Mandé, and can be contacted by e-mail at [email protected]
« User ”: means any individual using our Site and having access to its content.
Article 2 – What constitutes personal data?
Personal data (herein « Personal Data ”) means any information that can directly or indirectly identify a natural person (surname, first name, e-mail address, telephone number, postal address, etc.).
As such, the GDPR defines personal data as: «any information relating to an identified or identifiable natural person (hereinafter referred to as «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 their physical, physiological, genetic, mental, economic, cultural or social identity;».
Article 3 – Data of minors
In accordance with the provisions of Article 8 of European Regulation 2016/679 and the French Data Protection Act, only minors aged 15 or over may consent to the processing of their personal data.
Users under the age of fifteen (15) are requested to seek the approval of a legal representative - required by VOXPAY - so that their personal data can be collected and so that they can use the Site's services.
VOXPAY may not be held liable in the event of any user providing personal data concerning a minor under the age of fifteen (15) years.
Article 4 – Collection of personal data
We ask for your consent.
When browsing the Site, Users will be asked on several occasions to provide some of their personal data (for the purposes indicated in article 5).
By providing their data, the User therefore consents to the collection and processing of the personal data they enter, by the Service Provider, for the exclusive purposes detailed in Article 5 of the Policy. This consent, together with other reasons, serves as the legal basis for processing the data collected.
The Service Provider collects and processes data that are strictly necessary for the purposes for which they are processed. We pledge to our Users that we will not process data for purposes other than those mentioned below. If we were to offer a new service on the Site, or any other feature of the Site, requiring the collection and processing of data, we undertake to collect Users' consent once again before offering the new service in question.
Whenever the Site processes personal data, the Service Provider takes all reasonable steps to ensure that the personal data are accurate and relevant to the purposes for which they are processed.
Article 5 – Purpose of the processing
We collect data from Users solely for the following purposes:
5.1 Contact form
A contact form is available on our Site. To contact us, Users are asked to provide the following information: surname, first name, email address and telephone number, as well as the company to which they belong.
User and communication data are used solely for the purposes of:
Processing the User's request;
Responding to the User's request.
The legal basis is the User's Consent.
5.2 Newsletter
Any User wishing to receive commercial information and news from VOXPAY may subscribe to the site's Newsletter by providing their e-mail address.
User data are processed for the purposes of:
Confirming their subscription to the newsletter;
Sending the newsletter;
Managing unsubscribe requests.
Any user may unsubscribe at any time by sending an e-mail to [email protected] or by using the unsubscribe function in emails received for this purpose.
The legal basis is the User's Consent.
5.3 Become a partner
Any professional wishing to become a VOXPAY partner may contact the Service Provider for this purpose. For this, they must provide their surname, first name, e-mail address, telephone number and company.
User data are processed for the purposes of:
Confirming their contact request;
Contacting them to establish a potential partnership;
Monitoring the development of the said partnership and related negotiations.
The legal basis is the User's Consent.
5.4 Request a demo
Any User wishing to receive a presentation of VOXPAY services may request a demo from the Service Provider. For this, they must provide their surname, first name, e-mail address, telephone number, company and website.
User data are processed for the purposes of:
Confirming their request
Organising the demonstration;
Monitor, for commercial purposes, the User's interest in the VOXPAY solution.
The legal basis is the User's Consent.
5.5 Account creation
Users can create an account on the Site in order to subscribe to VOXPAY features and services. To do so, they must create an account - under the conditions defined in the General Terms and Conditions of Use - and enter an e-mail address as well as a surname, first name, telephone number and the company to which they belong.
User data are used for the purposes of:
Confirming the creation of their account;
Creating their account;
Providing them with services related to the Site and their subscription to VOXPAY services;
Providing technical assistance.
The legal basis is the User's Consent relating to the creation of the account and the execution of a Contract between the User and VOXPAY for the provision of access to the Service Provider's services.
5.6 Logging in
Any User wishing to connect to their account must enter their login ID and password. The User is solely responsible for the confidentiality of their login credentials and must notify VOXPAY without delay in the event of loss or theft of their credentials; VOXPAY is not liable in the event of fraudulent use of the User's account linked to the loss or theft of their credentials.
User data are used for the purposes of:
Providing access to their account;
Providing them with services related to the Site and their subscription to VOXPAY services;
Providing technical assistance.
The legal basis is the User's Consent relating to the creation of the account and the execution of a Contract between the User and VOXPAY for the provision of access to the Service Provider's services.
5.7 Analysis of browsing information
When browsing the Site, Users may be asked to enter their personal login data (cookies, trackers).
Login data and browsing information are used solely for statistical studies (analysis of Site traffic and user experience) and other purposes mentioned in the cookie policy.
The legal basis is as follows : The processing is necessary for the purposes of the legitimate interests pursued by the Service Provider, in particular to offer Users a smooth and improved browsing experience.
Login data are also used to prevent and combat cyber fraud.
The legal basis is the response to a legal obligation.
Article 6 – Data retention period
We do not exceed the legal data retention periods and User data are only retained for as long as is necessary for the purposes for which they were collected.
The retention periods are as follows:
User account data (5.5 and 5.6) : the User's account remains active on the Site until it is deleted by the User or by the Customer or in the event of termination of the Contract (automatic deletion of all User accounts) or in the event of the exercise of a right that has requested the deletion of the User's data.
User data (contact form 5.1, 5.3, 5.4) : they are deleted as soon as the User's account on the Site is deleted and/or are retained for a maximum period of three (3) years after the last contact from the User;
Newsletter data (5.2) : they are retained for as long as the User subscribes to the newsletter and are deleted within one (1) month of the User unsubscribing.
Login data : they are retained, in accordance with the Cookie policy, for a maximum period of 13 months (except for the exceptions indicated in article 13).
In establishing our data processing policy, we have drawn up a reference grid for data retention periods, based on the recommendations of the CNIL. In addition, VOXPAY may retain certain personal data in order to fulfil its legal or regulatory obligations, to enable users to exercise their rights, or for statistical purposes. Once the retention period has expired, personal data will be deleted or made anonymous.
Article 7 – Access to data
The data collected via the Site are intended exclusively for the following recipients.
7.1 Site Host
The Site is hosted by NETLIFY.
The host has access to the data within the limits of its respective responsibilities, for the purposes of hosting the Site. It has limited access to Users' data as part of the provision of these services and has a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data.
7.2 Third-party service providers
The Site and VOXPAY rely on certain third-party services to provide certain functions. They have limited access to Users' data as part of the provision of these services and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data.
Name: NETLIFY
Country: Frankfurt, Germany
Processing carried out: Hosting the static showcase site voxpay.fr
Applicable legislation:
The French Data Protection Act of 6 January 1978;
The European Regulation on Personal Data (GDPR) of 23 May 2018
The Law transposing the European Regulation on the Protection of Personal Data (GDPR) of 20 June 2018
Name: HUBSPOT
Country: USA
Processing carried out: Customer relationship management, chat management and data collection forms
Applicable legislation:
Privacy Shield
Adequacy decision of 10.07.2023 (Regulation (EU) 2016/679) of the European Parliament and of the Council
Name: FACEBOOK PIXEL
Country: USA
Processing carried out: Identification of visitors to the Site from Facebook
Applicable legislation:
Privacy Shield
Adequacy decision of 10.07.2023 (Regulation (EU) 2016/679) of the European Parliament and of the Council
Name: LINKEDIN
Country: USA
Processing carried out: Identification of visitors to the Site from LinkedIn
Applicable legislation:
Privacy Shield
Adequacy decision of 10.07.2023 (Regulation (EU) 2016/679) of the European Parliament and of the Council
Name: MATOMO
Country: Europe
Processing carried out: Site traffic measurement
Applicable legislation:
The French Data Protection Act of 6 January 1978;
The European Regulation on Personal Data (GDPR) of 23 May 2018.
The Law transposing the European Regulation on the Protection of Personal Data (GDPR) of 20 June 2018.
Name: AXEPTIO
Country: France
Processing carried out: Cookie management
Applicable legislation:
The French Data Protection Act of 6 January 1978,
The European Regulation on Personal Data (GDPR) of 23 May 2018
The Law transposing the European Regulation on the Protection of Personal Data (GDPR) of 20 June 2018.
Name: STORYBLOK
Country: Austria
Processing carried out: CMS of the Site
Applicable legislation:
The French Data Protection Act of 6 January 1978,
The European Regulation on Personal Data (GDPR) of 23 May 2018
The Law transposing the European Regulation on the Protection of Personal Data (GDPR) of 20 June 2018.
Name: PELOSTUDIO
Country: France
Processing carried out: Site maintenance and development
Applicable legislation:
The French Data Protection Act of 6 January 1978,
The European Regulation on Personal Data (GDPR) of 23 May 2018
The Law transposing the European Regulation on the Protection of Personal Data (GDPR) of 20 June 2018.
7.3 VOXPAY
Within VOXPAY, the following teams have access to User data:
Technical team : access to User data for maintenance and support purposes.
Sales and after-sales team : access to data for the purposes of monitoring the Contract and all commercial relations and canvassing.
7.4 Legal obligations
Data may also be transmitted by VOXPAY to third parties and competent authorities in order to meet legal, judicial, fiscal or regulatory obligations. VOXPAY guarantees Users that no transfer of personal data will be made to an unauthorised third party without the prior, voluntary, informed, express and written consent of the User.
Article 8 – Protection of data
VOXPAY has taken all useful and necessary precautions, in line with the state of the art, to protect your information in a secure environment in order to prevent any destruction, loss, alteration, distribution or unauthorised access. Despite our best efforts, no method of transmission over the Internet and no method of electronic storage is completely secure. As a result, we cannot guarantee absolute security. If we become aware of a security breach, we will notify the users concerned so that they can take appropriate action. Our incident notification procedures take account of our legal obligations, whether at national, European or international level.
In the event that the integrity and confidentiality of your data are compromised, the data controller undertakes to comply with the procedures implemented under the French Data Protection Act of 6 January 1978 and the European Data Protection Regulation («GDPR»).
VOXPAY does not resell or outsource User data.
Article 9 – Rights of data subjects
In accordance with the legal provisions of the French Data Protection Act of 6 January 1978 and the European Data Protection Regulation («G.D.P.R.»), Users of the Site have the following rights:
9.1 Right of access, rectification and deletion
Users may find out about, update, modify or request the deletion of data concerning them by sending an e-mail to the controller in charge of processing the personal data, specifying the subject of their request and using the contact e-mail address: [email protected].
9.2 Right to portability
Users have the right to request the portability of their personal data held by the Site or by VOXPAY, to another site/application, by sending a request to port their personal data to the data controller, by sending an email to the address provided above.
9.3 Right to restrict and object to data processing
Users have the right to request a restriction on or object to the processing of their data by the Service Provider, and the Service Provider cannot refuse this unless it can be proven that there are legitimate and overriding grounds for doing so, which may override the interests and rights and freedoms of the User.
The User must make a request to the data controller to restrict the processing of their personal data, by sending an e-mail to the above address.
9.4 Right not to be subject to a decision based exclusively on an automated process
In accordance with the provisions of Regulation 2016/679, the User has the right to not be subject to a decision based exclusively on an automated process if the decision produces legal effects concerning them, or significantly affects them in a similar way.
9.5 Right to determine the fate of the data
Users are reminded that they may organise what is to become of their collected and processed data if they die, in accordance with law no. 2016-1321 of 7 October 2016.
Article 10 – Exercising the Rights
10.1 How to exercise your rights
To exercise any of your rights, simply:
Write to VOXPAY at the address of its registered office;
Or send an e-mail to the following address: [email protected].
And mention your surname, first name and address and enclose proof of identity.
The data controller is Mr Franck Mechineau, VOXPAY company.
Requests will be processed within one month, unless a compelling reason is given and justified by the Service Provider to extend the deadline.
10.2 Contacting the CNIL
If the Service Provider does not satisfy the User's request, the User is entitled to refer the matter to the CNIL (French data protection agency), https://www.cnil.frin order to assert their rights.
Article 11 – Cookie policy
11.1 What is a Cookie?
The User is hereby informed that a cookie is a small file placed on any user's terminal (computer, tablet or mobile device) by our site when the User visits it. It does not contain any personal information, but allows us to make a link between the User's device and their preferences for using and experiencing our Site (e.g. location, language, font size).
11.2 User’s Consent
For the use of «cookie» files involving the storage and analysis of personal data, the User's consent is always requested. This consent is valid for a period of thirteen (13) months, barring one or more exceptions (see table in Art. 13), at the end of which the User will be asked for a new authorisation.
Article 12 – Use of Cookies
In accordance with the deliberation of the CNIL no. 2013-378 of 5 December 2013, the Service Provider informs Users of the Site that cookies record certain information which is stored in the memory of their hard disk. This information is used to generate statistics on the Site's audience and to offer services according to the information they had already selected during their previous visits.
An alert message, in the form of a banner, asks each User visiting the Site whether they wish to accept cookies beforehand. To guarantee the free, informed and unequivocal consent of the User visiting the Site, the banner will not disappear until the User has continued browsing and configured their choices.
Unless the User has given their prior consent, cookies will not be deposited or read:
If any person who visits the Site (on the home page or directly on another page of the Site using a search engine, for example) does not continue browsing: a simple absence of action cannot be assimilated to an expression of will;
Or if they click on the link in the banner allowing them to set their cookie settings and, where applicable, refuse to accept cookies.
We use and collect cookies in order to:
Process statistics and information on traffic on our site and to optimise it as much as possible;
Offer our users a fluid browsing experience by adapting the presentation of our Site to the display preferences of the user's terminal;
Store information provided on the Site by the User.
Article 13 – List of Cookies on the Site
The list of cookies present on the Site is as follows:
Cookies: HUBPOT (__hssc,__hssrc,__hstc,hubspotutk,messagesUtk)
Purpose: Customer relationship management
Cookie type:
Functional
Marketing
Retention period: 30 minutes to 6 months
Cookies: LinkedIn (ln_or)
Purpose: Identification of visitors coming from LinkedIn
Cookie type:
Functional
Traffic measurement
Retention period: 1 day
Cookies: Matomo (_pk_id,_pk_ses)
Purpose: Measurement of site traffic statistics
Cookie type:
Functional
Traffic measurement
Retention period: 1 month
Cookies: Axeptio (axeptio_all_vendors,axeptio_authorized_vendors,axeptio_cookies)
Purpose: Cookie management
Cookie type:
Functional
Retention period: 12 months
Article 14 – Objection and configuration
All Users may refuse to accept cookies by configuring their browser in the following way(s):
Opening a private browser window;
Configuring cookies via the «Cookies» Widget available on the home page of our Site;
Configuring their computer so that a message appears asking to accept, personalise or refuse cookies on each Site or systematically;
Or any other means available to the user.
Users can choose to express and modify their wishes regarding cookies at any time. The Service Provider accepts no liability for any consequences resulting from the operation of the Site or any services offered resulting from:
The user rejecting cookies;
And/or the Site’s inability to record or consult the cookies necessary for their operation as a result of the user's choice.
Article 15 – Configuring the browser software
Users may configure their browser software to allow them to set preferences regarding the use of cookies:
For Microsoft EdgeTM : https://support.microsoft.com/en-us/microsoft-edge
For SafariTM: http://docs.info.apple.com/article.html?path=Safari/3.0/fr/9277.html
For ChromeTM : http://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647
For FirefoxTM : http://support.mozilla.org/fr/kb/Activer%20et%20d%C3%A9sactiver%20les%20cookies
For OperaTM: http://help.opera.com/Windows/10.20/fr/cookies.html
Users can also set their browsers to accept or reject cookies on a case-by-case basis before they are installed, or delete cookies from their terminal. Users are informed that by setting their browser to reject cookies, certain functions of our Site may not be accessible and the Service Provider or host may not be held liable in this respect.
Article 16 – Changes to the privacy policy
VOXPAY reserves the right to modify this Policy at any time. If any change is made to this Policy, the new version will be published immediately on the Site and the User's agreement will be requested again. If the User does not agree with the terms of the new wording of the policy, they have the option of no longer using the Site's Services and of no longer browsing the Site.
Article 17 - User’s acceptance of the privacy policy
By browsing the Site, the User certifies that they have read and understood this privacy policy and that they accept its terms, particularly with regard to the collection and processing of their personal data and the use of cookies.