1) DEFINITIONS

Capitalized terms have the following definitions:

The “Company” or “we” or “us” means The Company SA LLC, whose principal place of business is at 1121 Old Town Ln, Unit 13B, Cheyenne, WY 82009, registration number 2021-001059816.

The “Site” means the website(s) accessible from the URL www.companysa.co and any sub-sites thereof that provide access to a content viewing area, customer area, etc. that are provided by the Company.

“You” refers to the persons concerned by the Processing carried out on the Site (users, prospects, customers, etc.).

The “Policy” refers to this privacy policy.

Data” refers to any information about an identified or identifiable natural person (the “data subject”) directly or indirectly, in particular by reference to an identifier (name, identification number, location data, online identifier, etc.) or to one or more elements specific to his/her identity.

A “Processing” corresponds to any operation applied to Data (collection, recording, organisation, conservation, adaptation, communication by transmission, dissemination, deletion…).

A “controller” is the one who, alone or jointly with others, determines the purposes and means of the processing and a “processor” is the one who processes Data on behalf of the controller. On the Site, unless otherwise stated, we are the data controller.

A “recipient” is the natural or legal person, public authority, department or other body that receives personal data, whether or not it is a third party.

The “Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (”RGPD”); Law No. 78-17 of 6 January 1978 relating to information technology, files and freedoms; the rules applicable to commercial prospecting provided for in the French Post and Telecommunications Code, and more generally the laws and regulations applicable to the Data Processing that we carry out.

2) SHOWCASE SITE AND COMMERCIAL PROSPECTING

The Site presents the activities of our Company and various forms (contact, subscription to the newsletter…). By completing the forms and communicating with us via the Site, you transmit the following categories of information to us:

– Identity data: title/gender; surname; first name; and optionally, we may ask you for your date of birth in order to propose birthday offers;

– Contact and correspondence data: e-mail address; postal address (address, postcode, town); telephone number; in the event of a request to customer service, the nature of your request and the content of your request.

– The Company may enrich its Site by collecting and republishing the opinions and contributions issued by its customers on other sites (particularly social networks) when these contributions are freely accessible to the public;

– Data necessary to carry out loyalty, prospecting, research, surveys, product testing and promotional activities;

– Data relating to the organisation and processing of competitions, lotteries and any promotional operation;

– Data collected through the exercise of rights enshrined in the Regulation.

In accordance with our legitimate interest, and where necessary for the execution of pre-contractual measures taken at your request or of a contract, we carry out processing of the above-mentioned Data for the following purposes

– Presentation of the Company’s products and services;

– Management, processing and follow-up of requests and exchanges with the Company, via the Site (if necessary by offering you a chatbot, a call reservation tool, etc.);

– Management of the relationship with prospects;

– Management of people’s opinions on the Company’s products, services or content;

– Canvassing and/or sending information, management of technical canvassing operations, selection of people to carry out loyalty actions, canvassing, surveys, product testing;

– Organisation of competitions, lotteries or any promotional operation on the Site.

The data used for the purposes of managing commercial prospecting is kept for a maximum of three years from the last active contact from the prospect or customer, and before that in the event of withdrawal of your consent to receive messages from us. The Data of notices and contributions are kept for the duration of the public access of the notice on the Site.

In accordance with our legal obligations, identity and contact data will also be processed for the following purposes

– Updating of its prospecting files by the organisation in charge of managing the list of opposition to telephone canvassing, in application of the provisions of the Consumer Code

– Management of requests for access, rectification and opposition rights, and more generally of the rights described in the Policy.

3) ONLINE SALES

The Site allows you to make purchases, which leads us to process the following Data:

– Identity and contact data

– Data relating to the contractual and commercial relationship 

commercial relationship: Details of the content of the order; Pre-contractual and order-related exchanges (purpose, date…); Communications with the Company.

– Payment and transactional data: date of the transaction, amount, means of payment, order number, billing data;

This information is necessary for the management of our customer-prospects file, and more precisely for the following purposes in accordance with our GTC accepted at the time of the order on the Site and with our legal obligations:

– To carry out operations relating to the management of files concerning: contracts, including registrations; orders; delivery of the product or service; legal and commercial guarantees; invoices; accounting and follow-up of the commercial relationship (after-sales service), including for opinions on the Company’s offers;

– Prevention and fight against fraud and payment methods and in particular against bank card fraud;

– Management of unpaid invoices and disputes, provided that it does not concern offences and/or does not lead to the exclusion of the person from the benefit of a right, a service or a contract.

Secure payment. All transactions carried out on our Site are secure. Payments by credit card are handled by our payment service providers (“PSP”), as indicated in our general terms and conditions or on the order page of our products and services. We have an SSL encryption system to protect your personal data and the payment methods used. At no time do we have direct access to your bank details through this process.

Retention periods. The personal data we process is kept for the periods shown in the table below.

Data concerned

Duration of retention

– Data processed for commercial prospecting purposes: 3 years from the last active behaviour of the prospect or from the collection of the Data.

– Data necessary to process your order and to manage contractual and commercial relations:

3 years from the last active behaviour of the customer or, failing that, from the end of the contractual relationship. For accounting documents (purchase orders, delivery notes, customer invoices): 10 years from the end of the financial year

– Order contracts for an amount of less than EUR 120.00: 5 years from the conclusion of the contract.

– Order contracts for an amount of more than EUR 120.00: 10 years from the date of delivery or service provision.

– Bank details: in case of one-off payment

13 months for immediate debit cards and 15 months for deferred debit cards from the date of debit (for the purpose of responding to any dispute).

– Bank details: in the event of subscription with tacit renewal: 13 months for immediate debit cards and 15 months for deferred debit cards from the date of debit of the last payment due at the end of the subscription (for the purpose of responding to any dispute)

4) CREATING AN ACCOUNT

Creating an account is optional to place an order on the Site.

On the Site, you can create an account and in this case, the following information will be processed:

– Identity and contact data

– Account connection data: user name, password; which may be automatically recorded on the Site if you consent to this via your browser settings;

– Account access and usage data: IP address, connection time, connection duration, account settings, use of any account features.

Processing will be carried out for the purpose of managing authentication procedures, procedures for loss of identifiers or passwords and for the purpose of executing the order in accordance with the purposes set out for the online sale.

The Identity and Contact Data provided during the creation of the account will be used with your consent to inform you about the Company’s products and services.

The Company may provide tools for creating a profile by adding optional information to your account (identity, social networks, age, profile picture, profession…).

5) PROVISION OF DIGITAL CONTENT

– Identity and contact data

– Content access data: Username and password, which may be automatically recorded on the Site only if you consent to this via your browser settings, and connection information to the access area (IP address, connection time, duration of connection, use of any tools available from this dedicated area, etc.).

– Content-related data: Content consultation and monitoring data: module consultation data, time spent on a content; information concerning downloaded and/or listened audio files

– Monitoring data: Progress indicators, statistics and progress monitoring; any grades, surveys and quizzes taken, past evaluations

– Publication data: Content of the publication of your contribution (comments, questions, publications, opinions…) date, time, response rate, information on the publication space concerned.

The Site from which the content is accessible may include technical devices that allow the use of the Site to be tracked (user account connected, IP address, type of application used, various logs of connection and use of the user account, etc.). The Data resulting from these devices may be used in the context of the fight against counterfeiting, and/or to identify and/or prevent any illicit or non-compliant use of the Site and/or violation of the applicable GTC.

6) PERSONALISED SUPPORT SERVICES

The legal basis for Processing for the purpose of providing a personalised support service is contractual and, if not provided for in the GTC, is our legitimate interest.

We offer personalised support services in the context of which we will collect and process the following Data:

– Organisational Data: Identity data, contact data, information on booked, cancelled and completed slots, and all information necessary for the organisation of this type of service;

– Follow-up data: Progress indicators, any notes taken during the support, data from audits, surveys and quizzes carried out, past evaluations, information needed to produce a report.

This data may be archived for five years after the end of the contract for the coaching service.

7) SOCIAL NETWORKS AND THIRD PARTY SITES

Exchanges on social networks. We may contact you or answer your questions via social networks, if you have contacted us in the first instance via this medium. You are informed that the use of social networks involves the processing of personal data by the providers of these networks (see their privacy policy).

Public information. The information about you that you have provided to us may be enhanced for commercial, canvassing, communication, solicitation or marketing purposes by means of other information sources such as social networks. This includes so-called “public” information or information to which we may have access as the administrator of a page or group. The legal basis for this processing is our legitimate interest as a commercial company.

Interconnection. In the event that your member area can connect to another service (e.g., a social network) for the purpose of cross-posting, then the third party service may share information with us that you have authorized to be shared. You are advised that third party service providers may also collect information about your visit and/or use of the Site in accordance with their own personal data processing policies. More information on registering for the Site from a third party account, for :

Facebook: https://www.facebook.com/help/223184117694507 ; https://developers.facebook.com/docs/facebook-login/overview

Google: https://support.google.com/accounts/answer/112802?co=GENIE.Platform%3DDesktop&hl=fr

8) EXERCISING YOUR RIGHTS

For any request to exercise the aforementioned rights or for more information, you can contact the Company at the address: contact@companysa.co or by post at the address of the Company’s registered office indicated at the top of the page.

In accordance with the Regulations, you have the following rights with respect to your Data:

– Right of access to your Data, including the right to request a copy, and to the information provided in this Privacy Policy (art. 15 GDPR). Where the lawful basis for the processing of data is our legitimate interest, you have the right to request information about the balancing we have carried out between the interests of our customers and the Company prior to such processing.

– Right to rectification (art. 16 GDPR) and updating of your data held by us.

– Right to erasure of your Data (art. 17 GDPR) where the data is no longer required by us, you have withdrawn your consent to its Processing (if it was based on our consent) or you object to Processing based on our legitimate interest or Processing for the purposes of canvassing or profiling related to canvassing.

– Right to withdraw your consent at any time (art. 13-2c GDPR) for all data processing based on the legal basis of your consent. In addition, with regard to commercial prospecting, you have the possibility to unsubscribe from our mailing lists at any time by clicking on the unsubscribe link in our communications or by contacting us to stop receiving solicitation messages.

– The right to limit the Processing, which, unless there are compelling reasons, can only be implemented with your consent (art.18 RGPD) when:

– You dispute the accuracy of the data, for the time necessary to verify it,

– If the data processing is unlawful but you object to the deletion of the data and choose instead to limit the processing,

– If we no longer need the data but they are still necessary for the establishment, exercise or defence of your legal rights.

– Where you have objected to processing based on our legitimate interest, for the time necessary to balance our respective interests.

– Right to portability of Data directly provided by the data subject where it is subject to automated processing based on your consent or on a contract (art. 20 GDPR). This right means that you have the possibility to request the communication of this data in a structured, commonly used and machine-readable format so that it can be communicated to another controller.

– Right to object (Art. 21 GDPR) to the processing of your data where such Processing is lawfully based on our legitimate interest.

– The right to define the fate of your Data after your death (art. 40-1 of Law 78-17 of 6 January 1978) and to choose a trusted third party to whom the Company should entrust them.

You can also obtain more information on the CNIL website.

In the event of a request, the Company reserves the right to ask you to specify your request and to provide proof of identity (which will be kept for one year in the event of exercising the right of access or rectification and three years in the event of exercising the right of opposition). If you are not fully satisfied with our response, you can always lodge a complaint with the authority responsible for controlling and protecting personal data (in France, the CNIL).

9) RETENTION PERIODS

Commitments. Means of effective deletion of Data are put in place as soon as the period of retention or archiving necessary for the fulfilment of the purposes determined or imposed is reached, in particular after deletion of your account with our Company or at the end of the contract with our Company.

Minimisation. In any event, the Data subject to Processing shall not be kept beyond the time necessary for the performance of the obligations defined at the time of the conclusion of the contract, or imposed by the legislation in force. Beyond that time, it may be anonymised and kept for statistical purposes, in particular in an aggregated form.

Litigation. Similarly, we may archive the information demonstrating the performance of our contractual obligations until the expiry of the limitation/forclosure periods applicable to legal proceedings, in order to defend our interests before the courts in the event of subsequent litigation. This concerns in particular, but not exclusively, the periods provided for by the Commercial Code, the Civil Code and the Consumer Code.

10) RECIPIENTS

Commitments. We undertake to ensure that any data recipient provides sufficient and appropriate contractual guarantees to respect your rights, so that the processing meets the requirements of the GDPR where this regulation applies (in particular with regard to subcontracting). Based on our legal obligations, your Data may be disclosed pursuant to a law, regulation or decision of a competent regulatory or judicial authority.

The information you provide is for internal use by authorised persons, is strictly confidential and may not be disclosed to third parties, except as provided for by the Regulations in the event of express agreement or if you have decided to make it public.

Subcontracting. Our external service providers (e.g. suppliers, transporters, etc.) may, in the context of the processing described above, receive personal data when this is necessary for the performance of their mission.

Transfer outside the EU. We undertake to ensure compliance with the applicable regulations relating to the transfer of data to countries outside the European Union, in particular in the following ways:

– We will transfer visitors’, prospects’ and customers’ data to countries recognised as offering an adequate level of protection;

– When the country of destination does not benefit from an adequate level of protection, we will use transfer tools that comply with the regulations (notably the European Commission’s standard contractual clauses).

Aggregation of non-personal data. We may publish, disclose and use aggregated information (information about site users, prospects, customers, etc.) that we combine in such a way that no natural person is individually identifiable. This processing is carried out in accordance with our legitimate interest for statistical, industry and market analysis, business presentation, promotional, advertising and other business purposes.

Business partnership. The e-mail addresses of customers who have agreed to this are made available to our business partners to inform you of their offers and news.

11) IT SECURITY

Commitments. We undertake to implement appropriate technical and organisational measures through physical and logistical security measures to limit the risks of accidental, unauthorised or illegal access, disclosure, alteration, loss or destruction of your personal data.

Warning. We urge you to be careful about what you decide to make public on the Internet. This applies to personal data, including personal data relating to your private life or sensitive data made public on your initiative or deduced from your contributions, comments and opinions of any kind on the Site, or on social networks in groups and/or conversations with other users of the Site.

Https protocol. The URL of the Site is accompanied by a closed padlock or a key in the bottom right-hand corner of your browser indicating the existence of the Https security protocol, applicable to the storage of data in particular. This means that you are in a secure browsing area, especially when you are asked for your credit card number.

Data breach. In the event of an event leading to the realisation of the risks of modification, disappearance or unauthorised access to Data, we undertake to :

– Investigate the causes of the incident;

– Take the necessary measures to limit the negative effects and damage that may result from the incident;

– Notify the competent authority and/or the persons concerned of the incident as soon as possible when this is required by law.

Under no circumstances shall the undertakings set out in the above point be considered as an admission of fault or responsibility for the occurrence of the incident.

12) PRICES

The prices are indicated in euros including all taxes (at the French VAT rate of 20%), excluding postage and handling of your order. The price of items may be modified at any time. However, the price applied to an order will be the one announced at the time of the order.

13) GENERALITIES

Mandatory or optional nature. On the Site, you are informed of the mandatory nature of the answers by the presence of an asterisk or any other type of mention. In the event of an incomplete request (for example: online registration or order, request for information, etc.), the Company reserves the right to request additional information or to exclude by any technical means the possibility of validating the form concerned.

Hypertext links. The Site may provide links to other sites, applications and services which may be operated by third parties. We are not responsible for the processing of personal data by such third party sites, or sites linking to the Site, whose privacy policies the user is advised to consult for further information. The Policy is applicable only to the activities of the Company, which shall not be held responsible for the failure of any third party to comply with its obligations with respect to the protection of personal data.

Scope of application. The Policy is not exhaustive of all processing and we reserve the right to supplement it by any means.

Language. The Policy is written in French. In the event that it is translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.

Non-waiver. The temporary or permanent non-application of one or more of the clauses of this Policy shall not constitute a waiver of the other clauses of this Policy, which shall continue to have effect.

Modifications – Updates. We reserve the right to make changes to this Privacy Policy. Affected individuals will be notified when required by applicable law. The date of the update is indicated in the header and we invite you to consult it regularly.

Web browser cookies

Our Site may use “cookies” to enhance the User’s experience. The User’s web browser places cookies on the User’s hard drive for record-keeping purposes, which can sometimes be used to track information about the User. The User may choose to set their web browser to refuse cookies, or to alert them when cookies are being collected. In this case, please note that some parts of the Site may not function properly.