Cloud Shaker SAS (whose registered office is at 5, rue Hassard, 75019 Paris, France) (“Cloud Shaker”, “Gwapit”, “we”, “our” or “us”), acting as data controller, is committed to protecting and respecting your privacy. This notice (the “Privacy Notice”) is designed to tell you about our practices regarding the collection, use and disclosure of information that you may provide via this website or our mobile applications (the “Platforms“).
2. What information do we collect from you and for how long?
We may collect and process the following data about you:
2.1. The information you give us
You may give us information, including information that can identify you (“Personal Data”), when you use our Platforms, by filling in forms on the Platforms (such as the sign-up form), when you enter into any of our competitions, promotions or surveys, when you correspond with us by phone, e-mail or otherwise, and when you report a problem with our Platforms.
The information you give us may include:
2.1.1. Mandatory information required to register for the service we provide on our Platforms or to access other services provided by us, including your name, email address, mobile phone number and a password. Gwapit will not be able to provide you with the services offered on our Platforms if the required information is not provided, consequently you will not be able to register for a user account on our Platforms;
2.1.2. A photograph;
2.1.3. A postal address;
2.1.4. A record of any correspondence between you and us;
2.1.5. Details of accounting or financial transactions including transactions carried out through our Platforms or otherwise. This may include information such as your payment card or bank account details;
2.1.6. Details of your visits to our Platforms and the resources that you access;
2.1.7. Your replies to any surveys or questionnaires. Such information may be used for analytic & user understanding purposes;
2.1.8. Information we may require from you when you report a problem with our Platforms or our service, such as the subject of your request for support;
2.1.9. Location information when you have given consent to the collection and processing of these data; and
2.2. The information we collect automatically
2.2.2. With regard to each of your visits to our Platforms, we may collect, in accordance with applicable laws and where required with your consent, information relating to the devices you use and the networks you are connected to when using our services. This may include the following information: your IP address, log-in information, browser type and version, browser plug-in types and versions, operating system and platform, advertising identifier, information about your visit including the URL clickstream to, through and from our Platforms, products you viewed or searched for, download errors, length of visits to certain pages, page interaction and any phone number used to call our customer service number. We collect this information through the use of various technologies including cookies.
2.2.3. We also collect aggregated information regarding your activity on our Platform (such as the number of actions made, the speed of such actions, the number of pools created, etc.).
2.3. Data retention
2.3.1. Except regarding the categories of Personal Data mentioned in clauses 2.3.2 and 2.3.3 below, your Personal Data will be stored for the duration of your relationship with us and then put beyond use:
2 years after the closing of your account.
2.3.2. The following categories of Personal Data may be stored for different durations:
Financial data (e.g. payments, reimbursements, etc.) is stored for the duration required by applicable tax and accounting laws;
All user-generated content (shared or public pools, etc.) is anonymized but remains available on our Platforms.
2.3.3. In the event that your account is suspended or blocked, we will keep your data for a period of between 5 and 10 years in order to prevent you from circumventing the rules applying to our Platforms.
3. How do we use the information we collect from you?
We will use the information we collect:
|3.1. to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information and services that you requested from us;||This processing is necessary for the performance of our mutual contractual obligations.|
|3.2. to send you service-related information by email and/or text message and/or any other communication means;||This processing is necessary for the performance of our mutual obligations and/or carried out with your consent.|
|3.3. to collect payments from you;||This processing is necessary for the performance of our mutual contractual obligations.|
|3.4. to enable you to personalize your user profile on our Platforms;||This processing is carried out with your consent.|
|3.5. to give you access to our support services and to enable you to communicate with our member relations team;||This processing is (i) necessary for the performance of our mutual contractual obligations, (ii) carried out with your consent and/or (iii) necessary for the establishment, exercise or defence of legal claims.|
|3.7. to send you, in accordance with applicable laws and where required, with your consent, marketing materials and information necessary to facilitate the service and to make you suggestions and recommendations about goods or services related to our services that may interest you.||This processing is based on your consent and/or our legitimate interest (i.e. providing you with meaningful advertising).|
|3.8. to notify you about changes to our services;||This processing is necessary (i) for the performance of our mutual contractual obligations, (ii) for compliance with our legal obligations and/or (iii) the establishment, exercise or defence of legal claims.|
|3.9. to administer our Platforms and for internal operations, including troubleshooting, data analysis, testing, research, analytic and survey purposes;||This processing is based on our legitimate interest (i.e. ensuring the security of our Platforms and improving its features).|
|3.10. to improve our Platforms to ensure that content is presented in the most effective manner for you and for your device;||This processing is based on our legitimate interest (i.e. providing you with meaningful content).|
|3.11. to allow you to participate in interactive features of our service, when you choose to do so;||This processing is necessary (i) for the performance of our mutual contractual obligations and/or (ii) based on your consent.|
|3.12. as part of our efforts to keep our Platforms safe and secure; and||This processing is based on (i) our legitimate interest (ensuring the security of our Platforms), (ii) carried out for the establishment, exercise or defence of legal claims and/or (iii) for compliance with our legal obligations.|
|3.13 to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you.||This processing is based on (i) our legitimate interest (i.e. measuring and optimising the efficiency of our advertising campaigns) and/or (ii) your consent.|
4. Who are the recipients of the Information we collect from you and for which purposes?
4.1. We may receive and send information about you, including your Personal Data, if you use any of the platforms we operate or from other Cloud Shaker entities and affiliates, for the purposes outlined in this Privacy Notice.
4.2. We are also working closely with third parties which may be the recipients of your Personal Data such as:
our business partners who are email providers and which may provide you with connecting services;
our sub-contractors in technical, payment or analytics providers.
4.3. We only share your Personal Data with any of these third parties in the following cases:
4.3.1. Where it is necessary to involve a third party service provider, for the performance of any contract we enter into with you in order to facilitate or extend our services (e.g. if we charge you any fees or collect any money from you in relation to any services on the Platforms);
4.3.2. We use analytics and search engine providers to assist us in the improvement and optimisation of our Platforms;
4.3.3. It is explicitly requested by you (e.g. with when using authentication methods);
4.3.5. In the event that we sell or buy any business or assets, in which case we may disclose your Personal Data to the prospective seller or buyer of such business or assets; and
4.3.6. If Gwapit or all or part of its assets are acquired by a third party, in which case Personal Data held by it about its members will be one of the transferred assets.
4.4. In accordance with applicable laws and where required with your consent, we may combine information about you, including your Personal Data and cookie information, we send to and receive from our business partners. We may use this information and the combined information for the purposes set out above.
4.5. We draw your attention on the fact that if you decide to share your information, including Personal Data, with us through our business partners’ connecting services, any of our business partners’ privacy policies and/or notices may also be applicable to you, in addition to this Privacy Notice. We do not control the collection and/or the processing of your information eventually made by our business partners on their own platforms.
5. What are your rights in respect of your personal data?
5.1. Where permitted by law, you may have the right to obtain a copy of Personal Data that we hold about you. Before responding to your request, we may ask you to (i) verify your identity and (ii) provide further details so we can better respond to your request. We will endeavour to respond within an appropriate timeframe and, in any event, within any timeframe required by law. If you want to exercise this right, please contact us using the contact details provided below (see section 9).
5.2. As a member of our Platforms, you can access the Personal Data we hold about you via your account to correct, amend, or delete information that is inaccurate. You may also update or delete your Personal Data by contacting us, using the contact details provided below (see section 9). You can also close your account online at any time and have the right to object to the processing of your Personal Data.
You also have the right to make a complaint to the relevant data protection supervisory authority or to seek a remedy through the courts if you believe that your rights have been breached.
6. Confidentiality of your password
Where you have chosen a password which enables you to access certain parts of our Platforms, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
7. Connection to other applications
Our Platforms allows you to connect to other applications. If you connect such an application to Gwapit, please note that these applications have their own privacy practices and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any Personal Data to these websites.
8. Changes to our Privacy Notice
Any changes we may make to our Privacy Notice in the future will be posted on this page. Where appropriate, we will notify you or seek your consent. Please check back frequently to see any updates or changes to our Privacy Notice.
If at any time you would like to contact us with your views about our privacy practices, or with any enquiry relating to your Personal Data, you can do so by sending an email to email@example.com or a letter to the address mentioned at the beginning of this document.
Version dated 7 March 2018