Legal information

DIGITAL ESSENCE SAS

48 rue du Docteur Legay

59110 La Madeleine

France

800 709 180 RCS Lille

VAT: FR55 800 709 180

Publisher: Etienne Mathé

The website www.digitalessence.fr is hosted on the computer equipment of the company OVH Groupe SAS. Its registered office is: 2 rue Kellermann – 59100 Roubaix – France

PRIVACY POLICY

1. Definition and nature of personal data

Whenever you use the platform, that can be accessed from Digital Essence’s website located at www.digitalessence.fr (hereinafter referred to as the “Platform”), for the purposes of using the provided services that enable you (i) to download the intuitive projection mapping software called EYS, (ii) to share the visual animations you’ve designed with the community of users’ of the EYS Software, we may request some personal information about you.

The term “personal data” refers to any and all information which enables an individual to be identified, more specifically your surname, first name(s), alias, photography, postal or email addresses, telephone number(s), IP address of the computer on which the software is downloaded and/or the IP address of any computer from which a post is send to the forum, data concerning transactions on the Platform, credit card number, as well as any other information about you which you may choose to provide us with.

2. Purpose of this Charter

The purpose of this charter is to inform you of the means by which we collect and process your personal data, with the strictest respect for your rights.

In this regard, we would like to point out that when collecting and managing your personal data, we comply with the current version of the French law No. 78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties, and the General data protection regulation n°2016/679.

3. Identity of the entity responsible for collecting and processing data

Responsibility for the collection and processing of your personal data lies with the company Digital essence, a simplified joint stock company, registered with the Registry of Trade and Companies of Bobigny under number 800 709 180, whose head office is located at 14 rue de la Beaune – 93100 Montreuil, France (referred to within the framework of this charter as “Us” or “We”).

4. Collecting and processing personal data

Your personal data is collected and processed for one or more of the following purposes:

To manage your access to and use of the services available on the Platform.
To improve your customer experience and the services provided on the Platform,
To carry out customer management operations relating to contracts, orders, deliveries, invoices, loyalty schemes, follow-up with customers, etc.
To compile a list of registered members, users, customers and prospective customers.
To issue newsletters, invitations and promotional advertisements. Should you not wish to receive these, we offer you the option to refuse them at the moment your data is being collected.
To compile commercial and web traffic statistics for our services.
To organize games and skill games and any other promotional activities, except gambling,
To manage reviews on products, services or content.
To manage unpaid invoices and potential disputes regarding the use of our products and services.
To adhere to our legal and regulatory obligations.

We shall inform you, when requesting your personal data, if certain information must be provided or if it is optional. We shall also inform you of the consequences should you not wish to provide this information.

5. Recipients of the collected and processed data

Our company’s staff, any authorities in charge of audits (external auditors in particular) and our subcontractors will have access to your personal data.

Government agencies or representatives of the law, ministerial officers or organisations responsible for the collection of debts may also be recipients of your personal data, for the sole purposes of meeting our legal obligations.

6. Assignment of personal data

Your personal data will not be assigned to, rented to or exchanged with any third party, with the exception of the client for which you are registered, and to whom we provide data concerning you, in relation with your using of the services.

7. Duration that personal data is retained

1. Regarding data relating to customer and prospect management:

Your personal data shall not be retained any longer than is strictly necessary for the management of our business with you. However, data proving the existence of a right or a contract must be kept in order to adhere to legal obligations and shall be held for the term stipulated by the applicable law.

Regarding potential prospecting operations for customers, their data may be held for a period of three (3) years after the termination of the business relationship in question.

Personal data relating to a prospective customer, who is not already a customer, may be held for a period of three (3) years from the moment it is collected or from the last contact with the prospective customer.

At the end of this period of three (3) years, we may contact you again in order to find out if you wish to continue to receive commercial canvassing.

2. Provisions specific to identity documents:

When exercising your right of access or correction, data relating to identity documents may be stored for the time limit provided for in article 9 of the French Criminal Procedure Code, namely one year. When exercising your right of opposition, these data may be archived during the term of limitation provided for in article 8 of the French Criminal Procedure Code, namely three years.

3. Provisions specific to bank card data:

Les transactions financières relatives au paiement des achats et des frais via la Plateforme, sont confiées à un prestataire de services de paiement qui en assure le bon déroulement et la sécurité.

Pour les besoins des services, ce prestataire de services de paiement peut être amené à être destinataire de vos données à caractère personnel relatives à vos numéros de cartes bancaires, qu’il recueille et conserve en notre nom et pour notre compte.

Nous n’avons pas accès à ces données.

Pour vous permettre de réaliser régulièrement des achats ou de régler les frais afférents sur la Plateforme, vos données relatives à vos cartes bancaires sont conservées pendant le temps de votre inscription sur la Plateforme et à tout le moins, jusqu’au moment où vous réalisez votre dernière transaction.

En ayant coché sur la Plateforme la case expressément prévue à cet effet, vous nous donnez votre consentement exprès pour cette conservation.

Data relating to the visual cryptogram or CVV on the back of your bank card are not stored.

Si vous refusez que vos données à caractère personnel relatives à vos numéros de cartes bancaires soient conservées dans les conditions précisées ci-dessus, nous ne conserverons pas ces données au-delà du temps nécessaire pour permettre la réalisation de la transaction.

In the case of a payment by bank card, however, data relating to the bank card may be stored as intermediary archives for evidence purpose in the case of possible disputes regarding the transaction, for the duration provided by article L.133-24 of the French Monetary and Financial Code, i.e. 13 months from the debit date. This duration may be extended to 15 months, to take into account the possible use of delayed debit card.

4. Regarding the management of opt-out lists compiled during prospecting activities:

Information enabling recognition of your right to opt-out is retained for a minimum of three (3) years following the exercising of your opt-out right.

5.Regarding web audience tracking statistics:

Information stored in users’ terminals, or any other means used to identify users and enabling them to be tracked or to measure the frequency of their visits, shall be retained for no longer than six (6) months.

8. Security

For your information, we take all necessary precautions and appropriate organisational and technical measures to maintain the security, integrity and confidentiality of your personal data, and especially to prevent it from being deformed or damaged and to prevent any third party from accessing it.

À ce titre, nous vous informons respecter les mesures de sécurité mises en place par notre prestataire d’hébergement de vos données à caractère personnel, la société OVH.

9. Hosting

We also hereby inform you that your data is stored solely on the servers of OVH Roubaix located in the European Union.

Your data will not be transferred outside the European Union as part of our conditions of use of the services we offer.

10. Cookies

Cookies are text files that are often encrypted and that your web browser stores. They are created when a user’s browser loads any given website: the site sends information to the browser, which then creates a text file. Each time the user comes back to the same site, the browser retrieves the file and sends it to the website server.

There are three types of cookie with differing purposes – technical cookies, social network cookies and advertising cookies:

Technical cookies are used throughout your browsing in order to facilitate and carry out certain functions. A technical cookie can be used, for example, to memorise responses submitted in a form or even user language or website presentation preferences, whenever such options are available.

Social network cookies can be created by social networking platforms to allow web designers to share the content of their sites on these platforms. These cookies may in particular be used by social networking platforms to trace the browsing of Internet users on the website in question, whether or not they use these cookies.

Advertising cookies can be created not only by the website which the user is browsing but also by other internet websites displaying advertising, ad banners, widgets or other elements on the page that is being displayed. These cookies can be used to carry out targeted advertising in particular, that being advertising which is determined by user browsing.
We use technical cookies. These are stored in your browser for a period of thirteen (13) months.

We don’t use social network cookies. Nevertheless, if we were to use such cookies, we would provide you prior information. These cookies would only be stored on your computer if you gave your consent. You could learn more about them, accept them or refuse them.

We do not use advertising cookies. However, should we use them in the future, we will inform you and seek your prior consent. You will have the option to disable these cookies should you wish to.

We use Google Analytics, which is a statistical audience analysis tool that generates cookies to measure the number of visits to the Platform, the number of page views and visitors’ activity on the Platform. Your IP address is also collected to determine the city you are connecting from. The storage duration of this cookie is indicated in Article 7 (v) of this charter.

We would like to remind you that you may refuse technical cookies and cookies generated by Google Analytics by configuring your browser to this end. However, such a refusal may prevent the Platform from functioning correctly.

11. Consent

Providing your personal data, in order to avail of the services we offer, represents your express consent for the collection and use of this data, in accordance with the provisions set forth in this charter and in the applicable legislation.

12. Access to your personal data

In accordance with French law No. 78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties, and with the GDPR, you retain the right to obtain and, where appropriate, correct or delete any data concerning you, via online access to your account. You can also direct correspondence to:

– Email Address: contact@digitalessence.fr
– adresse de courrier postal : 48 rue du Docteur Legay, 59110 La Madeleine

By way of reminder, any individual may, on legitimate grounds, request limitation of the processing of their personal data or oppose said processing.

13. Portability of your personal data

You have data portability rights regarding the personal data that you provide us, understood as data that you have actively and consciously declared in order to access and use our services, as well as data generated from your activity using the services. We remind you that these rights do not relate to data collected and processed on any other legal basis than the consent or implementation of the contract binding us.

These rights can be exercised free of charge, at any time, and in particular when closing your account on the Platform, in order to recover and keep your personal data.

In this context, we will send you your personal data, through any pertinent channels, in a commonly-used and machine-readable standard open format, in accordance with industry standards.

14. Lodging a complaint with a supervisory authority

You are also hereby informed that you have the right to lodge a complaint with a competent supervisory authority (e.g. the French National Commission for Information Technology and Liberties in France – CNIL) in the Member State that your place of residence or your workplace is located, or the place where your rights have been violated, if you consider that the processing of your personal data within the context of this Charter constitutes a violation of the applicable legal texts.

Such a complaint may be brought before an administrative or jurisdictional court without prejudice to any other claim. In such a case, you also have the right to an effective judicial and administrative redress if you consider that the processing of your personal data within the context of this Charter constitutes a violation of the applicable legal texts.

15. Amendments

We reserve the right to amend this charter at any moment, at our sole discretion, either in its entirety or in part. Such amendments shall come into effect once the new charter is published. Your use of the Platform following the entry into effect of these amendments, shall constitute acknowledgement and acceptance of the new charter. Failing that, and if you are not in agreement with the new charter, you should refrain from accessing the Platform.

16. Entry into effect

This charter came into effect on 2nd May 2018.