Legal information

PRIVACY POLICY

Last updated: April 11, 2024

 

You are currently on a Guillemot Corporation S.A website (hereinafter referred to as “Site”) and/or on a Guillemot user interface (hereinafter referred to as “Interface”), in a section which includes legal information and the Policy relating to the protection of privacy (hereinafter referred to as “Policy”).

 

Guillemot Corporation S.A. (hereinafter referred to as “Guillemot” or “we”) attaches great importance to the privacy of the users of the Site and the Interface (hereinafter referred to as “Users”, “User” or “you”). Guillemot is responsible for processing personal data collected on or via the Site or the Interface. In order to inform you, Guillemot has adopted this Policy.

 

We invite you to consult this Policy to better understand what the expression “protection of privacy” covers. Certain areas or functionalities – current or future – of the Site or the Interface, requiring the collection and use of information (for example, a competition) may have their own conditions or regulations regarding the protection of life private (and special conditions of use). If you wish, you will have the opportunity to consult them before entering your information.

 

IF YOU ARE A MINOR, READ THIS PRIVACY POLICY CAREFULLY WITH YOUR PARENTS OR LEGAL REPRESENTATIVE.

 

Personal data consists of “any information relating to an identified or identifiable natural person (hereinafter referred to as “data subject”); is deemed to be an “identifiable natural person” a natural person 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 specific elements specific to their physical, physiological, genetic, psychological, economic, cultural or social identity” (extract from the Regulation of the European Parliament and of the Council of April 27, 2016 relating to the protection of natural persons with regard to processing of personal data, often referred to as “GDPR”, the (UK) Data Protection Act of 2018 includes a similar definition in its section 3).

 

Your personal data is collected and processed on the basis of legal bases recognized by European regulations:

– On the basis of your consent;

– For purposes of legitimate interests;

– In the context of the execution of a contract or the intention to conclude a contract; and or

– For compliance with a legal obligation to which we are subject.

 

You have the right to request from Guillemot access to your personal data, or the rectification or erasure thereof, or to request a limitation of the processing relating to the data subject (you or your minor children), as well as the right to object to processing and the right to portability of your data. Finally, you have the right to define directives relating to the fate of your personal data after your death. We must inform you of the existence of these rights. Nothing is simple: if we simply state the existence of these rights, you will not understand a negative response to your request to exercise these rights. We therefore inform you that these rights are not applicable in all cases. In particular, the right to erasure is not possible if the legal basis for the processing concerned is a legal obligation; the right to object is not possible if the legal basis for the processing concerned is a contract or a legal obligation; and the right to portability is not applicable if the legal basis for the processing concerned is a legitimate interest or a legal obligation (in other words, portability is only applicable if the legal basis for the processing concerned by your request is consent or a contract). But, if a right is not applicable, there are other rights that are applicable. To exercise your rights over the personal data that concerns you, use a link (such as “Contact” or “Support”) to our contact form; this link appears either at the bottom or top of the Web pages of the Site, or in the “HELP” section which is at the top of the Web pages of the site www.djuced.com (note: our support service called “technical support” does not only provide technical support), or in the “Parameters” section of the Interface. When we have reasonable doubts as to the identity of the person wishing to exercise one or more rights, we may request additional information confirming the identity and suspend processing the request until the identity is confirmed.

 

To avoid too long mentions in our personal data collection forms (long texts could harm the readability of the whole and ultimately both the information and your decision), the form gives you an initial level of information and refers you to this Policy for further information. Here you will find more details, on the collected data, on the data retention periods, on the recipients of the data, etc.

 

1/ WHAT PERSONAL DATA ARE COLLECTED?

 

Personal data provided by the User: Our online data collection forms, the fields you fill in and your actions (an upload, for example) guarantee the existence of your explicit decision to provide the corresponding personal data. Guillemot collects personal data in particular in the following cases: (1) contact forms (including for chat), (2) registration as a member -if available on the Site or the Interface-, (3) registration of a participation in a competition or in a product test – if available on the Site or the Interface -, (4) creation and use of a personal space or account – if available on the Site or the Interface -, (5) subscription to one or more letters information (newsletters) – if available on the Site or the Interface -, (6) online forum – if available on the Site or the Interface -, (7) registration of a sponsorship application – if available on the Site-, (8) request for participation in an affiliate program – if available on the Site.

 

We systematically ask you for your email address if your use of the Site is not a simple reading of the content of the Site (for example, subscribing to a newsletter is not a simple reading of the content of the Site) and we determine whether this email address has been verified or not. Other information we collect depends on your use of the Site or Interface. We generally ask you for your first and last names. Depending on the context, we may ask you for personal data such as your gender, your marital status, your date of birth, your username, information relating to your products (software IT products and materials) -if applicable-, your address(es) (postal address, billing address, delivery address), your secondary email address, your user name (or pseudonym) on one or more social networks, your telephone numbers, your fax number, your comments, your nationality, the country where your home is located, your language, and the information necessary to create your list of products (including their name, brand, serial number, reseller, date of acquisition, and software version), a list of software ( including their name and date of creation), your list of games and social networks (including their types, their names, and where applicable your social network(s), your nickname and your ranking or score), and a list of accessories ( including their brands, types, and names). Note: We add the type of contact that corresponds to you (customer, influencer, prospect, etc.) and the origin of your presence in a database (examples of origin: “eShop”, “Newsletter”, etc.). We determine whether you are a Thrustmaster Customer, a Hercules Customer, a Djuced Customer, an Ambassador, and/or a VIP and we determine your status (“approved”, “pending”, etc.). If we have your date of birth, we determine an age and next birthday. If you have been the subject of a marketing campaign, we determine the last date of the campaign, the result of our investigation, if applicable, and whether or not you consent to the sending of marketing materials. We track your consents with their timestamp, their subject (subscription to a particular newsletter, for example), and their type. We follow the method(s) of communications you authorize. Where applicable, we collect your personal notes (for example, your center of interest, a date and/or time you wish for the next contact, etc.). Where applicable, we track our events you attend with their name, type, scheduled start date and time.

 

In addition, we may collect information relating to your basket (your planned order), your discount code, your affiliate code, your orders, the total amount of orders, your last order date, your opinion on a product or service, your favorite (content, products or services), your exchanges with the people in charge of customer relations, your preferred mode of communication. We create a list of your orders (including Product Names, References, Types, Shipping Dates, Order Date, Brand, Total Amount, and Status).

If you wish to participate in an activity or event that is subject to one or more contracts, we record precontractual representations (eg. you are of age, your ability to contract, you are able to read, understand and write correctly in language(s), etc.). If you participate in the activity or the event, we record the contract between you and us.

If you wish to participate in an activity or event for which means are necessary (for example, a product test), we may collect information regarding your hardware and/or software configuration.

If you participate in an activity or event, we may further collect information that you provide about you (for an understanding of your feedback, eg. to help us determine whether or not your case and/or need is specific), information regarding your participation in the activity or event (your thoughts, and your questions, remarks, answers, and reports regarding the activity or event at stake, etc.).

If you introduce yourself to us, we may collect your presentation text, your musical or video game tastes, your user name (or pseudonym) on one or more social networks and/or links (to your blog or social network, for example), your influences, your musical project or your e- -sport project, your “live dates”.

 

When access needs to be restricted, we ask you for a password.

 

If you contact us, we collect information relating to your requests and complaints (see details below).

 

As part of processing requests and complaints, in addition to your identity and your email address or telephone number, we collect the origin of the request or complaint, its language, its date, the category of request ( information, support, withdrawal, etc.), its purpose or title (example: Is a hardware “H” compatible with a software “S”?), a description, the relevant brand, the documents provided, the number we assign to the request (note: where applicable, we link the request with one or more other requests or we merge them), a priority level of the request, the status of the request, the content of the exchanges (emails, SMS, recording of telephone communications), a Unique customer code (this is an internal number which allows the same requester to be identified regardless of the source of their request -phone, email-), a number of tickets opened with us, the date of first contact, the date of last interaction, a number of contacts, and a degree of satisfaction (a number of stars, for example). We create a list of incidents (an “incident” means a request or complaint) of the requester and determine a number of day(s) since the last interaction, a date of the last incident, and a number of incidents. If it is a technical support request, we collect one or more photos or videos explaining the problem, the name of the products (hardware, software, accessories) used by the requester, their type, the number(s) series of the product(s), the version of the software and/or the date of creation of the software, the system used (PC, XBOX, etc.) with the product(s). As part of a warranty, we collect your address, the date of acquisition of each product that is the subject of the warranty request, its purchase price, the name of the reseller, and a copy of the invoice. purchase.

 

As part of management of product(s) owner clubs, in addition to your identity and email address, we specifically collect your club membership number and password.

 

As part of the management of forums, blogs and electronic messaging systems, we collect your searches on the forum and information relating to your possible reports of abnormal behavior. If you register to be an active member of the forum, then in addition to your identity, your email address, and your password, we collect your username, your display name (pseudonym that appears on the forum), what you post on the forum (including your questions, your answers, your comments, and their attachments, if any), your “I like” issued, your “I dislikes” issued, the topics you create, your favorites or bookmarks, the people you are a follower of, and what you subscribe to on the forum. We also collect what you receive (the responses you receive, the comments received, your “Likes” received, your “Dislikes received”). We collect your choices. We collect, optionally, your cover image, your avatar, your presentation text, a link to your website, your profession, your signature text, links to your social networks, your imprecise location and your time zone. We inform you that we plan to collect information about the hardware(s) you use, and the software(s) you use. Your contributions to content are subject to a timestamp. Note: We determine your status, your followers, your number of “followers”, your number of “followers” (a follower is a person of whom you are a follower), your number of message(s), your number of topics, your number of discussions, your number of replies, your number of comments, your number of “Likes” received, your number of “Likes” received, your number of “Dislikes received”, your rating, and your “Last seen date” (the last date you were connected to your profile). We create a “User ID” for you (unique non-nominative identification) and we associate you with a group (the group to which you belong: for example: the members group, the moderators group, etc.) and, where applicable, a sub-group (if the group is not specific enough). Finally, we determine user counts and view counts.

 

As part of affiliate programs, Guillemot collects the member’s surnames, first names, email addresses, types of company (“Creator” / “Firm”), commercial name and/or brand, company name of the company, company address, company website address, VAT numbers, texts presenting the company and what it can do for Guillemot (the size of its audience, email addresses -optional- of the accounting department, social network(s), bank details, products owned, access levels to the platform (“Owner”, “Administrator”, or “Employee”), email addresses of affiliates of a “Firm”, usernames, passwords. Guillemot deals with creator codes and links to affiliate content – content (e.g. videos) distributed to the public, by content creators -, commission amounts, payment histories, payment statuses.

 

Special case of payment information: Payment by bank or private card online on the Site or the Interface is made on the secure payment server of the Guillemot service provider who is in charge of payments. Payment information such as card number, card expiration month and year and verification code (CVC or CVV) is collected by the payment provider – even if it appears to you to be collected by Guillemot -. This implies that this payment information is not stored either on the Site or on the Interface. In the case of periodic payments (for example, in the case of a paid license with a monthly due date), it is the payment provider who saves the payment data and who carries out the periodic payment operations. Likewise, you can modify, via your e-commerce space, your payment information with the payment provider (for example, in the event of expiration of your bank card in the context of future periodic payments).

 

Special case of “Developer” accounts: As part of providing information to developers, Guillemot collects via a form your name, your first name(s), your email address, your message (message motivating the request to create your “Developer” account and describing your needs), your username, your password, and where applicable the company name(s) of each of the companies you represent, and your sworn declaration.

 

Special case of licenses – free or paid – limited to a number of terminals:

 

Guillemot determines the maximum number of products (or terminals) that can be associated with the license and collects the names of the products (or terminals) associated with the license, the MAC address of each product (or terminal) associated with the license, the identifier (“token”) of each product (or terminal) associated with the license and its validity date.

 

When you activate the license, Guillemot identifies the terminal (computer, smartphone, etc.) you are using at the time of activation and associates this terminal with your email address. Each terminal is identified by its characteristics.

 

When you use the license, Guillemot identifies the terminal you are using.

 

If you use the license with a new terminal, this terminal is identified.

 

Special case of paid licenses (this concerns all licenses which are subject to invoicing even if one or more invoices are for a zero amount):

 

When a paid license is subscribed, Guillemot collects information relating to this license: the price of the license, the version of the content (or software) for which a license is subscribed, whether or not it is a special offer (for example, an offer including a free temporary trial period), where applicable the duration of the free trial period (beyond this trial period, the price of the license is charged), the starting point of the license (in general, the starting point is the date of subscription of the license), the duration of the license, the frequency of invoicing, the date of the most recent invoice). Guillemot manages the license and billing (Guillemot determines the status of the license, the date of the next invoice and determines the end date of the license (or the parameters or event(s) which correspond to the end of the license)).

 

When you activate the paid license on a computer, you provide your email address (the same one you provided when you ordered this license) and password. After verification, Guillemot identifies the computer you are using and associates this computer with your email address – because this computer is the one with which the paid license will be used -. If activation is validated, a message informs you and an identifier (token) which identifies the user is processed by Guillemot (the DJUCED software does not store the email address or password). Activation is rejected, for example, in the event of a network problem, lack of license, or exceeding the maximum number of computers.

 

When you use the license, you must have an Internet connection so that Guillemot can manage access to the features that correspond to your license(s) and use the license information associated with your account with Guillemot to do so.

 

In the event of renewal of the license, Guillemot collects information relating to the renewal of the license (the effective date of the renewal).

 

In the event of a payment problem (for example, the bank card has expired), Guillemot collects information relating to the payment problem (the nature of the problem, the date of the problem, the amount to be paid).

 

In the event of termination of the license, Guillemot collects information relating to the termination of the license (date of termination and the effective date of the termination).

 

Special case: you will have to provide us with a copy of your identity document or additional elements (providing Guillemot with information allowing you to overcome reasonable doubts as to your identity) to exercise a right of access, right to rectification, to object, to restriction of processing, to erasure or portability of your personal data.

 

Guillemot also collects, on the one hand, the messages, comments, responses, and emails that you send to Guillemot and, on the other hand, Guillemot collects, the transcription of your voice exchanges with us (including information allowing you to be identified, timestamp information, identification of our agent, transcription of the response provided by our agent).

 

Connection cookies, better known as “cookies”: thanks to the information contained in cookies, Guillemot can better monitor its Users and provide them personalized content and functionalities. Audience measurement tools are deployed to obtain information on the navigation of visitors to the Site. In particular, they make it possible to understand how users arrive on the Site and to reconstruct their journey. These tools use cookies.

 

Cookies are only pieces of information sent from a web server and stored on your terminal (computer, smartphone, connected television, connected game console, etc.). Cookies do not contain any information that can directly identify you (they do not contain any name or email address). They are generally used to quickly identify a User’s terminal and to remember certain elements about the User’s visit, their choices (choice of languages and/or location, choice of cookies, etc.). The use of cookies is relatively common on websites. The Site does not recognize or respond to the “Do Not Track” functionality. But, if you wish, you can configure your browser to notify you when you receive a cookie, or to refuse or accept cookies. To oppose the use of cookies, simply express your choice regarding cookies in the window which informs you that the Site uses cookies. An icon allows you to modify your cookie choices. You can therefore object to the use of cookies but you must understand that certain pages and certain functionalities of the Site may not function correctly if your browser refuses cookies.

 

Other traces:

 

Guillemot keeps track of Internet Protocol (IP) addresses. An IP address is a unique number used by computers on the network to identify your device each time you connect to the Internet.

 

Guillemot collects your connection location in a limited way (the geolocation of the connection location is not more precise than the city scale), your Internet service provider (ISP), the category of terminal used (computer, telephone, etc.), the operating system (OS) used, the start of browsing, the number of page(s) consulted, the page viewed, the browsing language and the Internet browser used.

 

When an affiliate link is used for the connection, Guillemot collects the information corresponding to this link.

 

The Site, like many other websites, passively collects and stores non-personally identifiable information via log files. This process records website activity, including the number of views for a specific web page. When a connection to an account with Guillemot is not required, these entries are generated in a non-nominative manner and are not associated with a specific User. When the connection to an account with Guillemot is required (in the event of an online purchase, access to information that is not public, etc.), the data is associated with a specific User (the account holder).

 

As part of user access management, we collect a timestamp of your registration request (registration to become a member of a forum, for example), a timestamp of activation (verified request), a timestamp of the record of your registration, a timestamp of your unsubscription, a timestamp of your last visit, a number of connections, and your (encrypted) password. We also process an update date.

 

Non-nominative information obtained via DJUCED software (or applications): App ID (software identifier), App version (software version), user ID (universal non-nominative unique identification to distinguish new users from old users), OS (name and version), CPU architecture (in number of bits, for example 32 or 64), display resolution, language, country, event (functionality or parameter chosen by the user to which corresponds an event number which allows you to know what type of event it is) , timestamp of the event, label of the event, value of the event, name of the product(s) used with the application, serial number of the product(s) used with the application, plate, connection or not via the application to a content provider proposed by Guillemot, name of the content provider, number of content downloads, and information relating to the content (BPM, name of the song, and corresponding artist, features used (loops, hotcues, STEMS, etc.) and screens displayed).

 

Personal information obtained via DJUCED software (or applications): When it starts, the application asks the user to enter their email address (Email) and password (so that they can connect in order to identify them, determine the applicable license, select the applicable license and run the version of the application that corresponds to the selected license).

 

Information obtained via the “My Thrustmaster” application: We collect: your email address, your password; your Username (pseudonym); your chosen banner; your profile photo; your language ; your Information relating to the gaming platform(s) used by the data subject (you); your Information relating to the product(s) (names of products owned, your product settings, etc.); your Information relating to the game(s) (game name(s), your game session data, your game statistics, etc.); your opinions ; and your list of friends(s) on the application.

 

Information obtained via subsidiaries and service providers: Guillemot receives information from its subsidiaries and service providers.

 

The delivery service provider provides Guillemot with the dispatch date, the status of the delivery and provides Guillemot with the information relating to the delivery necessary to enable the latter to inform the corresponding customer and process a complaint relating to the delivery.

 

The payment service provider provides Guillemot with the status of the payment (OK or KO and, in the event of KO, the type of KO) and, depending on the payment method, the minimum necessary payment information (to enable Guillemot to process a complaint). In the event of a KO requiring additional verification to combat e-commerce fraud, if a bank card is used for a payment, the service provider provides Guillemot with the reason for the KO, the level of risk assessed by the service provider, and the main factors which tend to show fraud, the ID of the ‘customer’ at the payment service provider, the first and last name of the bank card holder, type of bank card, the issuer of the bank card, the country of origin of the bank card, the last 4 digits of the bank card, the expiration date of the bank card, an imprint of the means of payment, the email address of the bank card holder, the IP address (location of the IP address, identification of the Internet service provider used), the customer’s address, and the authorization rate of transactions associated with this email address. By providing services to Guillemot as part of the authentication of the author of a payment (to fight against fraud in e-commerce), the service provider collects and uses information concerning the characteristics of your device and indicators of your activity.

 

The third-party social media data collection provider (marketing service provider) collects reviews received on social media and the username (or pseudonym) of the person who issued the review, collects Guillemot’s responses on social networks and makes them available to Guillemot. However, in the case of a private section created by Guillemot on a social network, Guillemot collects therein directly what you post thereon. Even in such a case, the social network may collect personal data about you; therefore, we invite you to consult the privacy policy of such a third-party Website.

 

The service provider for reporting bugs and other technical problems on phones and tablets provides Guillemot with the following information: App ID, App version (version of the application), UDID (unique device identifier), CPU architecture (for example, 32 or 64), OS (Operating System), language, device model, timestamp of the bug, location in our program where the bug occurred. Google (Google Ireland Limited) provides Guillemot with this service and collects data to identify us, data to identify the device concerned, data describing the environment of use, and contextualization and tracing the problem.

 

The service provider for reporting bugs and other technical problems on PC and Mac provides Guillemot with the following information: App ID (identification of one of the software), App version (version of the software, Crash ID (incident number), OS (Operating system), CPU architecture, Function (feature or parameter chosen by the user), timestamp of the technical problem, Explanation (type of software error), pseudonym of the person affected, IP address truncated, description of actions immediately prior to the problem encountered, user ID (universal non-nominative unique identification allowing new users to be distinguished from old users). Note: Software temporarily gathers together (until your decision is taken) the data in view of potential notification of bugs and other technical problems; but it is you who decide whether to send or not to send and who triggers the sending or not of the notification.

 

Google (Google Ireland Limited) provides Guillemot with the Google Analytics measurement and analysis service which collects first-party cookies as well as data linked to the IP address, device/browser, and activities carried out on the Site or the Interface.

 

Google, as part of its CAPTCHA service (Completely Automated Public Turing test to tell Computers and Humans Apart, which means a test to differentiate humans from computers), informs Guillemot that you are a human (this helps protection against automated and intensive submission attempts).

 

Guillemot’s subsidiaries provide services the nature of which varies depending on the subsidiary considered (administrative services, IT services, logistical services, marketing services, research and development services, customer relations services) which require the provision of corresponding information to the service(s) entrusted to the subsidiary in question.

 

Keep in mind that whenever you voluntarily provide personal data online (examples: by email, or via forums, or via a public profile), this information may be collected and used by other people. Even if Guillemot strives to protect your personal data, their protection cannot be guaranteed if you do not take precautions on your side. Any transmission of information is therefore done with full knowledge of the facts. It is important to note that minors must neither create nor enter a password on the Site or the Interface. You are also solely responsible for the confidentiality of passwords that you create and/or any information relating to any account with Guillemot that you create on the Site or the Interface – if available on the Site or the Interface – (hereinafter -after referred to as “Account”).

 

The email address and password of the Account are important because they form a sort of key for managing user access and managing the provision of functionalities. The email address and password of the Account also allow the Account holder to connect to the Interface or to create and connect to separate spaces (user web pages) on several Guillemot websites (i.e. on the Site and other Guillemot sites). Web pages provide access to areas for processing requests and complaints. Other web pages provide access to spaces for e-commerce.

 

2/ WHAT HAPPENS IF I REFUSE TO PROVIDE PERSONAL DATA?

 

If we do not have certain personal data, contact will not be possible (we need to know how to reach you), a request cannot be assigned-directed (we cannot arrange for the request to be resolved competent contact if we do not know the subject, language, and type of contact), certain requests cannot be processed (if you have a technical problem, we need to know the context, the hardware and software environment), we will not be able to send you anything by post if we do not know your address, access to certain areas of the Site or the Interface and certain functionalities of the Site or the Interface – if they are available on the Site or the Interface- will be affected: e-commerce, participation in the forum, registration of your participation in a competition, application request for sponsorship, request for participation in a test (including a product(s) test, a beta test, etc.), video playback. However, such personal data is not necessary to access the Site and consult most of its content.

 

If You refuse the affiliate program’s tracking cookie, You risk depriving affiliates (content creators) of a reward; it may discourage them from collaborating with us and it may discourage them from creating content.

 

3/ FOR WHAT PURPOSES AND ON WHAT LEGAL BASES WILL MY PERSONAL DATA BE USED?

1. Purposes of connection data:

Connection logs – including IP addresses – are used, on the basis of Guillemot’s legitimate security and defense interests, for the management of customers and prospects, for the sharing of experiences (user testimonials), the management of product(s) owners clubs, the management of content download spaces, the management of forums, blogs and electronic messaging systems, for the management of sending information for commercial purposes, for advertising programs affiliation, for the management of IT developments, for the management of the provision of information to developers, for the management of user access, for the processing of requests and complaints, for the management of personal spaces for the processing of requests, for the technical management of websites and servers, for network access filtering, for non-commercial external communication, for the authentication of the author of a payment (fight against fraud in e-commerce), and for disputes, possible disputes and pre-litigation.

 

Information relating to the location of connection to the Site, the Internet service provider (ISP), the category of terminal (computer, telephone, etc.), the operating system (O.S.), the browsing language and to the Internet browser, used for connection to the Site are processed for the management of customers and prospects, for the processing of requests and complaints, for the technical management of Internet sites and servers, for the authentication of the author of a payment (fight against fraud in e-commerce), for disputes, possible disputes and pre-litigation. This information is processed on the basis of Guillemot’s legitimate technical, security and defense interests.

 

The IP address is used for the management of customers and prospects, for audience measurement and monitoring of the Site, for the management of software downloads, for the management of forums, blogs and electronic messaging systems, for the management of notification of bugs and other technical problems on PC and Mac, for the distribution of website content, for the authentication of the author of a payment (fight against fraud in e-commerce), and for disputes, possible disputes and pre-litigation. The IP address allows visitors to the Site to be geolocated but the geolocation is limited (it is not more precise than the scale of the city). The IP address is processed on the basis of the legitimate commercial, technical, organizational interests of Guillemot and sometimes in addition for the security or defense of Guillemot.

 

The connection data is used for the management of product(s) owners clubs, on the basis of the necessity for the execution of pre-contractual measures and the establishment of the contractual relationship between Guillemot and the members of the club. Connection data is used for the management of content download areas, based on the consent of the data subject. Login data is processed in the context of requests from authorities on the basis of a legal obligation.

 

As part of network access filtering, the collected data is processed to a filtering use of internet access and websites and an explanation of flow variation, intrusion. These purposes are processed on the basis of Guillemot’s legitimate security and defense interests.

 

2. The purposes of using the information provided by the User

 

The purposes of the information you provide to us depend on the activity or activities concerned.

 

As part of customer and prospect management, the collected data is processed for:

– manage a database relating to customers or prospects;

– carry out operations relating to customer management concerning: contracts, orders, pre-orders, subscriptions, deliveries, invoices, loyalty programs, customer relationship monitoring such as carrying out surveys satisfaction, the selection of customers or prospects to carry out studies, surveys and product tests;

– carry out operations relating to prospecting;

– select one or more categories of people to carry out loyalty, prospecting, study, survey, product testing and promotion actions, carrying out solicitation operations;

– the development of commercial statistics;

– the organization of competitions, lotteries or any promotional operation;

– the preparation and publication of content;

– management of reviews on products, services or content; and

– management of your favorite content, products, or services.

These purposes are processed on the basis of Guillemot’s legitimate commercial, organizational, technical, security and defense interests. Exception: commercial prospecting actions by electronic means (email or SMS) are based on your consent; however, if you are a customer, we may contact you to offer you products similar to those you have ordered.

 

As part of sharing experiences, the collected data is processed to:

– management of the collection and conservation of people’s testimonials on their experiences relating to products, services or content; and

– management of the publication of experiences.

These purposes are processed on the basis of the consent of the data subject.

 

As part of competitions, operations, and ‘internal’ marketing meetings (not aimed at the general public), the collected data is processed for:

– the organization of competitions, lotteries or any promotional operation;

– the organization of marketing meetings;

– obtaining visuals to illustrate the products and services provided by Guillemot; and

– participation statistics.

These purposes are processed on the basis of Guillemot’s legitimate commercial and organizational interests.

 

As part of the use of third party images for promotional purposes, the collected data is processed for:

– promote Guillemot (including its activities, products and/or services) to customers and prospects;

– illustrate the products and services provided by Guillemot;

– manage the use of third party images; and

– manage the rights of the data subjects.

These purposes are processed on the basis of Guillemot’s legitimate commercial and organizational interests.

 

As part of communication via third party social networks, the collected data is processed for:

– exchange with social network subscribers;

– send information to social network subscribers; and

– management of distribution channels on social networks.

These purposes are processed on the basis of Guillemot’s legitimate commercial and organizational interests.

 

As part of software download management, the collected data is processed for:

– the preparation and publication of content;

– monitoring and control of downloads;

– license management;

– compatibility between the software concerned and the hardware owned;

– forecasting needs; and

– statistics.

These purposes are processed on the basis of Guillemot’s legitimate commercial, organizational, technical and defense interests.

 

As part of the management of product(s) owners clubs, the collected data is processed for:

– member management;

– share information with members;

– the provision of benefits to members; and

– ensure compliance with the general conditions of membership of the club.

These purposes are processed on the basis of the execution of pre-contractual measures and are necessary for the establishment of the contractual relationship between Guillemot and the members.

 

As part of the management of a community of enthusiasts wishing to receive technical information, the collected data is processed to:

– management of a community of enthusiasts (enthusiasts who do not necessarily own Guillemot products); and

– the creation and use of email distribution lists.

These purposes are processed on the basis of the consent of the data subject.

 

As part of the management of content download spaces, the collected data is processed to:

– allow users to download;

– manage access to content; and

– develop statistics.

These purposes are processed on the basis of the consent of the data subject.

 

As part of the management of forums, blogs and electronic messaging systems, the collected data is processed for:

– the implementation of communication platforms;

– the study (study of the problems encountered by users);

– information;

– member management (registration, unsubscription, etc.);

– interactivity;

– Security ;

– the management of a forum (in particular, moderation, ensuring the application of the rules);

– the reply to sponsorship applications; and

– the development of statistics.

These purposes are processed on the basis of Guillemot’s legitimate commercial, organizational, technical, legal, security and defense interests. Guillemot ensures the storage of writings, images, sounds and/or messages for making available to the public online, Guillemot is required to keep data likely to allow the identification of anyone who contributed to the creation of the content or any of the contents of the Site or the Interface.

 

As part of the management of sending information for commercial purposes (newsletters), the collected data is processed for:

– subscription management; and

– the creation and use of email distribution lists.

These purposes are processed on the basis of the consent of the data subject.

 

As part of affiliate programs, the collected data is processed for:

– implement a management platform;

– manage affiliates (registration, unsubscription);

– manage the affiliate program (in particular to ensure that the rules are applied);

– identify the affiliate;

– identify sales generated by an affiliate (a content creator);

– calculate the commissions and/or bonuses due to an affiliate;

– make invoices available; and

– develop statistics.

These purposes are processed on the basis of Guillemot’s legitimate commercial, organizational, security and defense interests.

 

As part of managing the notification of bugs and other technical problems on PC and Mac, the collected data is processed for:

– identification of the problem(s);

– the allocation of resources (to resolve problems and improve the product concerned);

– forecasting needs;

– solving problems and improving the product concerned; and

– statistics.

These purposes are processed on the basis of Guillemot’s legitimate commercial, technical, financial and organizational interests.

 

As part of the management of IT developments, the collected data is processed for:

– manage developments;

– develop, including fixing bugs and other technical problems; and

– monitor developments.

These purposes are processed on the basis of Guillemot’s legitimate technical, financial, organizational, defense and security interests.

 

As part of user access management, the collected data is processed for:

– the creation of access rights;

– verification of access rights;

– the removal or limitation of access rights; and

– the fight against illegitimate use.

These purposes are processed on the basis of Guillemot’s legitimate commercial, technical, organizational, financial, security and defense interests.

 

As part of the management of the provision of information to developers, the collected data is processed for:

– management of developers;

– responding to requests for information from developers;

– informing account holders of the availability of information;

– developing statistics;

– ensuring compliance with the conditions of use, confidentiality and intellectual property; and

– securing the teleservice for providing information.

These purposes are processed on the basis of Guillemot’s legitimate commercial, technical, organizational, security and defense interests.

 

As part of the management of the provision of functionalities, the collected data is processed for:

– management of the provision of functionalities to users;

– improving our software, keeping it in line with the hardware products used with them ;

– improving our hardware products, keeping them in line with the games used with them;

– moderation of uses;

– user assistance;

– monitoring the activations of our products; and

– the development of statistics.

These purposes are processed on the basis of Guillemot’s legitimate commercial, technical, organizational and financial interests.

 

As part of the processing of requests and complaints, the collected data is processed to:

– dispatch requests;

– respond to requests and follow up on requests;

– supervise processes in order to understand and optimize the activities of the department responsible for processing requests and complaints;

– interact with prospects and customers;

– manage documentary bases (models) and contacts;

– develop statistics;

– manage incivility against the staff;

– manage requests for implementation of guarantees;

– manage requests to exercise the right of withdrawal; and

– manage requests for rights of access, rectification and opposition (information technology rights and freedoms) and more generally requests for the exercise of all other rights.

The first seven purposes are processed on the basis of Guillemot’s legitimate commercial, technical, financial, organizational and defense interests. The last three purposes are processed on the basis of legal obligations incumbent upon Guillemot.

 

As part of the management of personal spaces for processing requests, the collected data is processed to:

– allow Internet users to contact Guillemot online and follow their requests;

– facilitate access to their data for Internet users;

– facilitate the updating of their data by Internet users; and

– provide a secure exchange channel.

These purposes are processed on the basis of Guillemot’s legitimate commercial, organizational, security and defense interests.

 

As part of the technical management of websites and servers, the collected data is processed for:

– the management of the operation of websites and servers;

– the technical administration of websites;

– the website security with event logging; and

– the development of statistics.

These purposes are processed on the basis of Guillemot’s legitimate commercial, technical, organizational, security and defense interests.

 

As part of the authentication of the author of a payment, the collected data is for:

– the management of the fight against fraud;

– the assessment of fraud risks;

– the prevention of fraud risks;

– the prevention of fraudulent payments;

– the defense in the event of fraud, assistance and cooperation with the authorities; and

– the prevention of recurrence of fraud.

This purpose is processed on the basis of Guillemot’s legitimate commercial, organizational, financial and defense interests.

 

In the context of disputes, possible disputes and pre-litigation, the collected data is for:

– management of possible disputes;

– management of pre-litigation;

– dispute management;

– management of archives of pre-litigation files and litigation files;

– execution of decisions; and

– the development of statistics.

These purposes are processed on the basis of Guillemot’s legitimate commercial, financial, organizational and defense interests and, with regard to the decisions handed down, they are additionally processed on the basis of Guillemot’s historical legitimate interest.

 

As part of accounting, the collected data is processed for:

1) bookkeeping;

2) the execution of tax and accounting obligations;

3) consolidation of accounts;

4) the organization of accounting;

5) the management of outstanding amounts, reminders and unpaid debts (management not including the temporary or permanent exclusion of a person from the benefit of a provision of services or the supply of goods);

6) optimization of the company’s material and financial performance (management control);

7) the provision of figures;

8) archiving and supply of accounting documents; and

9) audit management.

For purposes 1 to 3, data is collected and processed on the basis of compliance with legal tax or accounting obligations. For purposes 4 to 9, data is collected and processed on the basis of the legitimate organizational, financial and defense interests pursued by Guillemot.

 

As part of non-commercial external communication, data is processed for:

– the creation and use of an address file for information or external communication purposes

– excluding any commercial solicitation – relating to the activity pursued by Guillemot;

– communication concerning the distribution of dividends;

– communication concerning operations on the share capital; and

– the development of statistics.

These purposes are processed on the basis of legal obligations incumbent on Guillemot.

 

Copies of documents or proof of identity for the exercise of a right of access, rectification, opposition, limitation of processing, erasure and portability of your data are used in the context of the processing of requests and complaints and in the context of disputes, possible disputes and pre-litigation (the purposes of which are processed on the basis of Guillemot’s legitimate commercial, financial, organizational and defense interests).

 

3. Purposes of using cookie information

 

We use cookies as part of customer and prospect management activities, audience measurement and monitoring of websites, management of software downloads, management of product(s) owners clubs, management of spaces for downloading content, managing personal spaces for processing requests, technical management of websites and servers, and distribution of website content.

 

As part of audience measurement and monitoring of websites, the collected data is processed for:

– the audience measurement of websites and monitoring of the activity of these websites; and

– the development of statistics.

These purposes are processed on the basis of Guillemot’s legitimate commercial, organizational and technical interests.

 

As part of affiliate programs, cookie data is processed to:

– identify the affiliate (content creator who distributed an affiliate code and/or an affiliate link);

– identify sales generated by an affiliate (a content creator); and

– calculate the commissions and/or bonuses due to an affiliate.

These purposes are processed on the basis of Guillemot’s legitimate commercial, organizational, technical and security interests.

 

As part of the distribution of website content, data is processed to:

– improve access to websites; and

– improve the security of websites.

These purposes are processed on the basis of Guillemot’s legitimate commercial, organizational, technical and security interests.

 

The purposes and legal bases of other processing activities have been previously described. In summary, thanks to cookies, the Site is more efficient, more useful, more secure and of better quality, and allows more personalized content; cookies are processed on the basis of Guillemot’s legitimate interests.

Essential cookies are necessary for the Site to function and cannot be disabled in our systems. They are generally established as a response to actions you have performed that constitute a request for services, such as setting your cookie preferences, logging in (for example, to access your secure area, your e-commerce basket).

Functional cookies make it possible to improve and personalize the functionality of the Site. In particular, they record (non-nominative) information concerning your preferences regarding consultation of certain web pages, language, location, etc.

Performance cookies make it possible to analyze the use and performance of the Site in order to improve its operation (this concerns in particular the most visited pages, error messages from Internet pages).

Advertising cookies are used to show you the most relevant advertisements based on your interests. If these advertising cookies are deactivated, the advertisements remain but they are no longer presented according to your interests.

Social media cookies are cookies generated by third party social networks. They contribute to the user-friendliness of the Site and help to promote us. They also make it possible, via audio and/or video sharing, to enrich the Site with content. Certain features of the Site (buttons allowing you to join us on a social network, playing videos) rely on services offered by third-party sites. These features place cookies allowing these sites to track your browsing. These cookies are only placed if you give your consent. We invite you to consult the cookie policies of these third-party sites.

 

4. Purposes of using information collected automatically via software (or application)

 

As part of the technical monitoring of software and hardware IT products, the data collected  are processed for:

– understand the use of software and hardware used with them;

– improve our software and hardware IT products, keep them in line with other software and hardware IT products used with them;

– teach users how to use our software and hardware IT products;

– monitor the activations of our software and hardware IT products; and

– get statistics.

These purposes are processed on the basis of Guillemot’s legitimate technical, commercial, organizational and financial interests.

 

As part of managing the notification of bugs and other technical problems on phones and tablets, the data collected is processed for:

– the identification of the problem(s);

– the allocation of resources (to resolve problems and improve the application concerned);

– forecasting needs;

– resolving problems and improving the application concerned; and

– obtaining statistics.

These purposes are processed on the basis of Guillemot’s legitimate commercial, technical, financial and organizational interests.

 

Your personal data is not used to establish profiles likely to reveal sensitive data (racial or ethnic origins, philosophical, political, trade union, religious opinions, sexual life or health of individuals).

 

4/ WHO ARE THE RECIPIENTS OF PERSONAL DATA?

 

Your personal data is in principle intended for Guillemot and its subsidiaries and service providers (IT service providers, telephone service providers, delivery service providers, payment service providers, fraud risk analysis service providers, legal service providers, notification service providers, marketing service providers), and to state bodies (when there is a legal obligation).

Google is a recipient of data as part of its Google Analytics measurement and analysis service and its service which helps protect against automated and intensive submission attempts.

Regarding the activity of sharing experiences, the activity of managing forums, blogs and electronic messaging systems, or the management of the provision of functionalities, or links to distributed content to the public-, your personal data is also intended for the public.

When there is a legal obligation and it involves non-commercial external communication, personal data is accessible to Guillemot, its subsidiaries (to authorized personnel in charge of financial communication) and service providers (financial service providers, legal service providers, delivery service providers, IT service providers, broadcasters), shareholders and/or bondholders, and state bodies.

The log files are accessible to Guillemot, its subsidiaries (to authorized personnel in charge of information systems) and to service providers (IT service providers, including those in charge of security).

The connection logs are accessible to Guillemot and its subsidiaries (to authorized personnel in charge of information systems) and to the service provider in charge of security.

Log file data is provided to authorized personnel in the marketing department, authorized personnel in charge of R&D, and authorized personnel in the support department.

Extracts from log files and extracts from connection logs may be provided or made accessible to authorized personnel of the legal service, to judicial officers and judicial officers, and to state bodies as part of their control or justice mission.

The data from audience measurement tools is intended for Guillemot, its subsidiaries (staff in charge of information systems as well as Guillemot staff in charge of marketing) and service providers (IT service providers). The processing of this data is subject to services provided by Google.

 

Data relating to the management of customers and prospects is accessible to General Management, to authorized personnel from the marketing department, information systems, services responsible for handling customer relations, administrative services (including the Accounting and the legal department), logistics services as well as their managers.

May be recipients of data relating to the management of customers and prospects:

– Guillemot subsidiaries;

– service providers (banks, direct sellers, IT service providers, marketing service providers, fraud risk analysis providers, legal service providers, payment service providers, delivery providers such as postmen, carriers, etc.) who provide sufficient guarantees as to protect your rights;

– developers and publishers of software used for data processing (the data is then anonymized);

– auditors and statutory auditors as part of their control mission;

– state bodies as part of their control or justice mission;

– organizations, court officers and ministerial officers, as part of their debt recovery mission; and

– the organizations responsible for managing list(s) of opposition to telephone canvassing.

 

To provide you with services, we use IT service providers and their tools; some of these IT service providers may use the information they collect, via cookies and other trackers, to create – for their own account – behavioral advertising profiles or send you targeted advertisements, but Guillemot does not disclose its customers and prospects file to such IT service providers.

 

Other customers of the payment provider (which provides services to Guillemot as part of the authentication of the author of a payment to fight against fraud in e-commerce) may also receive information (to help them detect and block actual or potential fraud).

 

Copies of documents or proof of identity for the exercise of a right of access, right to rectification, to object, to restriction of processing, to erasure and portability of your data are accessible to authorized personnel in charge of information systems, to authorized personnel of the legal service, and to state organizations as part of their control or justice mission.

 

5/ I LIVE IN THE UNITED KINGDOM, IS MY PERSONAL DATA LIKELY TO BE TRANSFERRED OUTSIDE THE UNITED KINGDOM?

 

Yes, all personal data because Guillemot, certain Guillemot service providers, and certain of Guillemot’s subsidiaries, with the exception of Guillemot Limited, are located outside the United Kingdom.

*Guillemot Limited is a company whose registered office is at Carnac Place, Cams Hall Estate, Fareham, Portsmouth, Hampshire PO16 8UY, United Kingdom.

 

6/ I LIVE IN THE EUROPEAN UNION, IS MY PERSONAL DATA LIKELY TO BE TRANSFERRED OUTSIDE THE EUROPEAN UNION?

 

Yes, the data transfer outside the European Union is relating to: the management of customers and prospects; sharing experiences; competitions, operations, and internal marketing meetings; the use of third party images for promotional purposes; audience measurement and monitoring of websites; communication via third party social networks; software download management; management of product(s) owners clubs ; managing a community of enthusiasts wishing to receive technical information; managing content download areas; managing forums, blogs and electronic messaging systems; managing the sending of information for commercial purposes; affiliate programs; managing bug reporting and other technical issues on PC and Mac; managing the notification of bugs and other technical problems on phones and tablets; technical monitoring of software and hardware IT products; user access management; managing the provision of information to developers; managing the provision of functionalities; processing requests and complaints; the management of personal spaces for processing requests; the technical management of websites and servers; the distribution of website content; to requests from the authorities; accounting; the authentication of the author of a payment; disputes, possible disputes or pre-litigation; for non-commercial external communication.

 

Indeed, certain Guillemot service providers and certain Guillemot subsidiaries are located outside the European Union.

 

Personal data may only be transferred outside the European Union when at least one of the following conditions is met:

– transfers are made to a country recognized by the European Commission as ensuring an adequate level of protection;

– on the one hand, there are appropriate guarantees (in practice, these include Standard Contractual Clauses) and on the other hand, the data subject (you) have enforceable rights and effective legal remedies;

– they correspond to one of the derogations or exceptions provided for by the legislation.

 

Data from third-party site cookies may be transferred outside the European Union. We invite you to consult the cookie policies of these third-party sites.

 

7/ WHAT HAPPENS IF I LIVE OUTSIDE THE UNITED KINGDOM AND THE EUROPEAN UNION?

 

Laws applicable to personal data vary locally, sometimes even between states or provinces. We therefore reserve the right to apply territorial restrictions. We invite you to verify that the Site and/or Interface you use corresponds to your country so that our practices, including the information we give you, correspond to local requirements. Please consult the general conditions of use (and, if any, the specific conditions of use) of the Site you are using.

 

Additional practices may be applied locally. For example, if you use a Guillemot forum and you are a resident of the USA, we invite you to consult its Notice at collection on the Forum website in addition to this Policy.

 

8/ IS GUILLEMOT LIKELY TO TRANSFER MY PERSONAL DATA FOR A SUM OF MONEY?

 

Guillemot does not plan to disclose or sell your personal data for money outside of Guillemot subsidiaries (Guillemot and its subsidiaries hereinafter form the “Business”). However, we may disclose or transmit all or part of your personal data in the context of or during the negotiation of any merger, financing, acquisition or dissolution transaction, or procedures involving the sale, transfer, the transfer or disclosure of all or part of our Business or our assets. If another company or individual acquires all or part of our Business or our assets, that company or individual will have access to the personal data we have collected and will assume the rights and obligations regarding your personal data.

Note: Guillemot does not sell personal data to Stripe but we use Stripe for payment, analytics and other business services. Stripe collects transaction information and personal data, which it analyzes and uses to operate and improve the services it provides to us, including for fraud detection. We inform you that, as part of the authentication of the author of a payment (fight against e-commerce fraud), our service provider (Stripe) shares with Guillemot and with the service provider’s other customers the characteristics of your device and indicators of your activity. You can learn more about Stripe and read their privacy policy at https://stripe.com.

 

9/ HOW LONG IS MY INFORMATION KEPT?

 

Cookies allowing the traceability of Internet users and IP addresses are not kept beyond 13 months from the first visit (during which you gave your consent to one or more cookies). Therefore, do not be surprised or irritated if the window informing you that the Site uses cookies reappears.

Personal data relating to audience measurement and monitoring of the Site are kept for 13 months from the first visit to the Site. IP addresses relating to the distribution of website content are kept for up to 24 hours to improve access to the websites (note: this does not exclude retention for processing based on security and/or defense of legitimate interests of Guillemot), in the context of requests from the authorities, and in the context of disputes, possible disputes or pre-litigation).

The data collected or generated as part of the Google Analytics service to analyze the Site’s audience is kept for a maximum of 730 days (which is equivalent to 2 years).

Regarding other cookies and trackers used where applicable, we invite you to consult the window or icon relating to cookie choices which is accessible on each site in order to find out their retention period.

The cookie data used by the affiliate program is kept for 30 days from clicking on an affiliate link, or adding a product to the basket and entering a creator code corresponding to this product.

 

The data collected by BugSplat, as part of the service for reporting bugs and other technical problems on PC and Mac, is kept for 1 year.

The data collected by Google, as part of the service for reporting bugs and other technical problems on phones and tablets, is retained for 90 days.

 

As part of the management of IT developments, personal data is kept in the documentation relating to the product(s) concerned (for the duration of operation of the software and/or hardware IT product(s) concerned).

 

The address file for information or non-commercial external communication purposes is updated annually. Personal data is kept for the duration necessary for the delivery of the information or for the duration necessary for the provision of external communication (for example: in the event of a request for a new annual report which is not yet available, the request will be subject to a waiting response then a sending of the annual report when it is available).

 

If you have requested or downloaded one or more products and/or commercial or technical information relating to a product or service from Guillemot (or one of its subsidiaries), then you are a prospect. If, between you and us, there has been communication via third party social networks only, then you are a prospect. If you have an Account but have not placed an order (or the date of your last order was more than 3 years ago), then you are a prospect. If your last order was more than 3 years ago or you canceled your contract more than 3 years ago, then you are also a prospect.

Personal data relating to a prospect is kept for a period of three years from the last contact from the prospect or the last visit or connection of the prospect, except if the prospect has a “Developer” account.

 

Personal data relating to customer management is kept for 3 years for use for prospecting purposes.

Personal data relating to customer management are kept for up to 5 years from the end of the contractual relationship to allow the processing of contractual requests and complaints, and the processing of disputes, possible disputes or contractual pre-litigation.

The data (payment status and heavily truncated payment information) provided by the payment provider in the context of disputes, possible disputes or pre-litigation in the event of a payment problem are kept for 5 years from the date the payment is made, unless suspension of prescription (stopping the period but not erasing the period already running) or interruption of the prescription period (the interruption erases the period already running and causes a new limitation period to run) or litigation still in progress.

 

Data relating to the status of the delivery provided to Guillemot by the delivery service provider to enable Guillemot to process a complaint in the event of a delivery problem are kept for 5 years from the completion of the delivery date.

 

Data relating to customer management is kept for 10 years for accounting archiving (invoice data).

 

Data relating to user reviews is retained until the subject of the review is removed (for example, until the page relating to the product that is the subject of the review is removed) or until the user objects.

 

Data relating to your favorites (favorite content, products, or services) is kept until the favorite(s) are deleted, or until your Account is deleted.

 

As part of the processing of requests and complaints, information relating to the request (except information relating to the product(s) owned and contact information), the history of exchanges relating to the request, and the documents posted where applicable (for example: photo, video, purchase invoice posted by a customer) on their personal space for processing requests related to a problem are deleted in the event of inactivity for more than 2 years (for example, if the request status is “Problem Resolved”).

 

Unless it is information necessary to process a request from the data subject (for example, if there is a problem with WiFi reception or WiFi connection from the Internet service provider ( ISP)), the location of connection, the Internet service provider (ISP), the category of terminal used (computer, telephone, etc.), the operating system (OS) used, the start of navigation, the number of page(s) viewed, the page viewed, the browsing language and the Internet browser used are not kept after the end of the chat using this data.

 

Data relating to the identification of terminals to which a license limited to a number of terminals is assigned are kept for the time necessary for the execution of the contractual relationship. Note: This does not exclude retention for the processing of data for other purposes (the data is kept in the context of disputes, possible disputes or pre-litigation, contractual and/or tort (infringement, in the event of use without a license)).

 

The personal data necessary for the production of statistics are kept for 25 months from the collection of the raw personal data.

The results of the development of statistics (anonymous figures and graphs) from aggregated personal data are kept without time limit.

 

For the time necessary for the execution of the contractual relationship, personal data is kept for the management, archiving and monitoring of contracts. Note: This does not exclude the retention for the processing of data for other purposes (contracts and evidence are kept in the context of disputes, possible disputes or pre-litigation, customer management, processing of requests and complaints; invoices to customers are kept for the purposes of accounting, disputes, possible disputes or pre-litigation, requests from authorities, customer management, and the processing of requests and complaints).

 

The data relating to the sharing of experiences is retained until the removal of what is the subject of the experience (for example, until the removal of the page relating to the product which is the subject of the experience) or until ‘to the withdrawal of consent.

 

Personal data relating to competitions, operations, and ‘internal’ marketing meetings and data relating to the use of the image of third parties for promotional purposes are kept until the expiration of the (last) prescription period applicable. Notwithstanding the above, deliverables are retained without time limit for promotional and retrospective purposes.

 

Personal data relating to the management of the sending of information for commercial purposes are kept for the duration of the subscription (until the subscriber ends the subscription via a link on each newsletter).

 

Personal data relating to management of product(s) owners clubs are kept for the entire duration of the membership and are destroyed 1 year after termination of the membership unless exceptionally extended (in the event of processing of data relating to a member in the context of disputes, possible disputes or pre-litigation).

 

Email addresses relating to the management of a community of enthusiasts wishing to receive technical information are kept for the duration of membership in the community.

 

The identification information of the data subject relating to forum and messaging management is kept for a period of 5 years from the end of the contract with the user, except in the event of a dispute.

The pseudonyms collected as part of a member account (account allowing access to a forum and/or messaging) are kept for a period of 1 year from the closure of the member account, except in the event of a dispute.

 

The technical data allowing the source of a connection to be identified or those relating to the terminal equipment used are kept for 1 year, except in the event of a dispute.

Other traffic and location data are kept for 1 year if several conditions are met (this operation requires an injunction from the Prime Minister who takes such a measure for reasons relating to the protection of national security, when a threat is noted serious, current or foreseeable, against the latter; these same data may be the subject of a rapid conservation order by the authorities having, in application of the law, access to data relating to electronic communications for the purposes of prevention and repression of crime, serious delinquency and other serious breaches of the rules which they are responsible for ensuring compliance with, in order to access this data).

In the context of a forum and/or messaging, information relating to a contribution to content is kept for 1 year, except in the event of a dispute.

 

In the context of affiliate programs, personal information is retained for the duration of membership in the affiliate program and, subject to the absence of a dispute, it will be destroyed one (1) year after termination of the membership. membership in the affiliate program with the exception of invoice data.

 

The data necessary for monitoring vulnerabilities and security incidents is kept for 5 years, except in the event of a dispute.

 

If you exercise your rights to protect your privacy, data relating to documents or proof of identity may be kept until expiration of all applicable prescription periods.

 

Personal data processed as part of the authentication of the author of a payment (fight against fraud in e-commerce) are kept for up to 15 months from the date of presentation of the concerned transaction, except in the event of a request from the authorities and/or in the event of dispute or termination of the contract with our service provider or at the request of our service provider. In the event of a request from authorities, dispute, termination of the contract with our service provider or request from our service provider, in each case we may retain copies of this data to the extent permitted by law, as long as we comply with the law.

 

Personal data collected and processed in the context of possible dispute or pre-litigation are deleted upon amicable settlement of the pre-litigation (this does not include a transactional memorandum of understanding signed and executed by all parties) or, failing that, until expiry of the applicable prescription period.

 

Personal data collected and processed in the context of litigation are deleted when ordinary and extraordinary remedies are no longer possible against the decision rendered; however, the decisions pronounced (including judgment, court decision, sentence, etc.) are kept as a definitive archive on the basis of our legitimate historical interest.

 

The contents of SMS and MMS are kept by the telephone service provider for a maximum period of 1 year.

Calls that we record for the purposes of improving the quality of processing requests and complaints (from users, prospects, etc.) are kept for 6 months from their recording. The analysis documents for a recording are destroyed 1 year after the date of the recording analyzed.

Calls whose recording is triggered or marked by one of our advisors or technicians in the event of incivility(ies) against her/him (insults -articles R. 621-2 and R625-8-1 of the French penal code-, threats -article 222-17 of the French penal code, etc.) are kept for 6 months from their recording – except in the event of dispute (they are archived to serve as evidence if an action is brought) -. Except in the event of litigation, the analysis documents of such a recording are destroyed after the expiration of the applicable prescription period.

 

Locally, personal data processed for the technical monitoring of software and IT hardware products are stored until they are received by the “Event collecting server” or until they are erased because their storage would exceed a limit, or until the software is uninstalled. On the “Event collecting server”, personal data processed for the technical monitoring of software and IT hardware products are kept according to their event number (event type). After 3 months, all events are archived, except the display resolution (“screen”), the name of the controller (“midi device name”) and the serial number (“serial number”). After 12 months, all archived events are deleted; the display resolution and the name of the controller are archived and only the serial number is kept in operational database.

 

In the context of affiliate programs, management of software downloads, management of user access, management of content download areas, management of the provision of functionalities to users, and the management of personal spaces for processing requests, personal data are processed for the duration of the corresponding Account(s) of the data subject. In the event of deletion of your Account(s) for whatever reason, Guillemot will stop using your personal information to provide you with one or more services, but will retain them temporarily in accordance with current legislation to be able to use them in the in the context of requests from the authorities and in the context of dispute, possible dispute or pre-litigation.

 

As part of the management of the provision of information to developers, personal data is processed for the duration of the “Developer” account of the data subject.

In the event of deletion of your “Developer” account for whatever reason, Guillemot will stop using your personal data to provide you with services, but will retain them temporarily in accordance with current legislation to be able to use them within the framework of dispute, possible dispute or pre-litigation and within the framework of requests from the authorities.

 

To remedy the generality of the above, we would like to point out that connection log data is generally kept for 6 months. However, as part of the management of the provision of information to developers, connection log data is kept beyond 6 months, for the duration of the applicable confidentiality period (to be able to prove that the developer concerned had access to what confidential information and on what date) and beyond in the event of dispute linked to this developer.

 

10/ HOW CAN I EXERCISE MY RIGHTS RELATING TO MY PERSONAL DATA?

 

If, for any reason, you wish access to your personal data, or the rectification or erasure thereof, or a limitation of a processing relating to the data subject (you or your minor children), or object to a processing, or to exercise your right to the portability of your data, you must contact us via the Site or the Interface using a link (such as “Contact us” or Support”, for example) to our contact form which appears at the top or bottom of our web pages; in the particular case of the site www.djuced.com, the link to our contact form is in the “HELP” section which is at the top of the web pages; in an Interface, the link to our contact form is in the “Settings” section.

 

Your request must indicate (1) the right you wish to exercise, (2) the identity of the requester, and (3) if the requester is not the data subject, the identity of the data subject.

 

Please note that incomplete requests cannot be processed:

-if the person to whom the request relates is the requester (i.e. if you are acting on your own behalf), your request may – as long as we have reasonable doubts – only be valid after receipt of elements confirming your identity (if it is an identity card, the black and white copy of the front is sufficient);

 

– if the  data subject (the person to whom the request relates) is not the requester (i.e. if you are acting for another person), then the request will only be valid after receipt of a copy of the requester’s proof of identity and a copy of the proof of identity of the data subject.

 

If you are a User with an Account – if available on the Site or the Interface – then in the personal space(s) that you have created, you have access and can also rectify some of your personal data.

 

If you do not want Guillemot to send you a newsletter, do not select an option such as “I agree to receive the newsletter…”. In addition, each communication sent to you by Guillemot offers you the possibility of no longer receiving further communications.

 

If you are not satisfied with our exchanges, you can lodge a complaint with the competent supervisory authority*:

Commission Nationale de l’Informatique et des Libertés

3 Place de Fontenoy

TSA 80715

75334 PARIS CEDEX 07

 

* For people residing in the United Kingdom:

People who live in the United Kingdom and are unhappy with our dealings can lodge a complaint with:

Commissioner:

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

United Kingdom

 

11/ DOES GUILLEMOT COLLECT PERSONAL DATA FROM MINOR USERS?

 

We do not deliberately intend to collect personal data from minor Users but it is possible that they access the Site.

 

The Site and the Interface are not intended for minors under the age of 13; they must not browse the Site or the Interface -they must not provide any personal data-. Consequently, Guillemot does not collect personal data relating to minors under the age of 13.

 

As for Minor Users aged 13 and over (hereinafter referred to as “Teenagers”), they can browse the Site provided that they do not create any Account (and do not know the password to access the Account). Access to certain Interfaces is not authorized for minors. Consequently, Guillemot only collects their personal data (information relating to Teenagers) in a very limited way.

 

Parental consent: Guillemot encourages parents to consult the Site and the Interface with their Teenagers – if access to the Interface is authorized for Teenagers -, to monitor their use of it and to help us protect their privacy by teaching them never to provide personal data (last name, email address, postal address, telephone number(s), etc.) without authorization from their parents. Guillemot is convinced that the help of parents is the best solution to prevent Teenagers from providing personal data in inappropriate places. Minor Users must not submit personal data to us without the consent of their parent(s) or legal guardian.

 

Parental access: a parent acting as a representative of a Teenager and/or a parent who has granted Guillemot the right to collect a Teenager’s personal data may consult, rectify, modify or oppose the processing, request portability personal data relating to this Teenager.

 

12/ HOW DOES GUILLEMOT PROTECT MY PERSONAL DATA?

 

To protect your personal data, Guillemot implements appropriate protection measures for the security, integrity and private nature of the information provided. The Site and the Interface have security measures aimed at protecting the User against loss, misuse and alteration of personal data for which we are responsible. Personal data collected by Guillemot is stored in secure operating environments not accessible to the public (secure rooms with restricted access, for example). Guillemot protects personal data against any unwanted access thanks to a server equipped with a firewall.

Access to certain areas and content of the Site and access to the Interface are protected by the same password which you must not communicate to anyone. The password must always be created by an adult; and this password must neither be communicated nor left accessible to a minor – your protection and the protection of minors depend on compliance with this rule. Guillemot will never ask you for your password by phone, chat, email or SMS. You must not communicate your password to anyone. Remember to log out of your Account at the end of each session. If you share a computer with someone else or use a computer in a public place such as a library or internet cafe, close your Internet browser and your session to prevent others from accessing your information and personal correspondence.

 

Google provides Guillemot with a service to protect against automated and intensive submission attempts.

 

The data (copies) of identity document for the exercise of a right of access, rectification, opposition, limitation of processing, erasure and portability of your data are encrypted.

 

In addition, Guillemot takes appropriate measures to ensure that third parties provide a high level of protection of personal data collected or used on our behalf.

 

The Site and the Interface may contain links to third-party sites. Guillemot cannot be held responsible for the privacy protection practices of these third-party sites. For more information, consult the third-party sites’ respective privacy policies.

 

You can help protect yourself. Guillemot invites you to delete the emails we send you after reading them. This way, if a third party manages to access your emails, that third party will not immediately become aware of the content of the emails you have deleted.

 

Use of this Site implies your acceptance of the Policy. Likewise, the use of this Interface implies your adherence to the Policy. If you do not agree to this Policy, you must not use or must immediately stop using this Site and any Interface. We reserve the right to modify this Policy without prior notice. Consult it regularly to be aware of any modifications. Continuing to use the Site or use the Interface signifies acceptance of these modifications.

 

13/ DOES GUILLEMOT USE AUTOMATED DECISION-MAKING?

 

Guillemot only uses automated decision-making for security and to control the reliability of its information systems (and therefore the protection of personal data) and to fight against fraud in e-commerce.

 

In principle, the systems inform one or more competent people to alert them and this or these people decide. Unfortunately, this process is not suitable when a decision must be made in a too short timeframe to ensure security and reliability. This is why artificial intelligence is used for the security and reliability of information systems. The detection of malicious behavior causes, depending on the case, one or more automated decisions to alert one or more competent people and to block processes, quarantine, or apply corrective measures. This automated decision may result in blocking online access to personal data, refusing online modification or deletion of personal data, or restoring personal data to a previous state. These consequences are important for you, but they are a priori desirable since it concerns the protection of your personal data and you can contact our advisors to exercise your rights over your personal data.

 

As part of the authentication of the author of a payment (fight against fraud in e-commerce), the payment provider is responsible for carrying out the fraud risk analysis and informing Guillemot of the OK status or KO of the payment and in the event of KO, of the reason for KO. If the KO reason is of the type “Requires additional verification”, there is no automated decision-making (an authorized person carries out additional processing in the back office to release the payment or not). But, there is automated decision-making if this KO reason is of the “categorical KO” type (for example, the case of using a bank card that has been the subject of a report of theft), the order is then automatically canceled. These consequences are important to you, but they are important to us and to the legitimate holder of the payment method.

 

14/ Languages

 

In the event of a discrepancy between the French version of this Policy and a possible version in another language, the French version prevails.

 

15/ USE AND LEGAL NOTICES

 

The terms of this Privacy Policy are annexed to the General Conditions of Use of our sites and, where applicable, to the Conditions of Use of the Interface. Check them out.

 

The Site and the Interface are published by Guillemot Corporation S.A., a company with capital of 11 617 359,60 euros, whose head office is located at 2 Rue du Chêne Héleuc 56910 Carentoir, France.

414 196 758 R.C.S. Vannes.

Tel. : +(33) 2 99 08 08 80.

 

The publication director of the Site and the Interface is Mr. Claude Guillemot.

The official languages that can be used for communication with the publication director are either French or English.

 

 

© 2024 Guillemot Corporation S.A.