Document

PRIVACY POLICY - TERMS AND CONDITIONS

« UBIQUE TECH »

  1. Preamble
    1. This policy describes the confidentiality practices of UBIQUE TECH, a simplified joint stock company with a capital of 1,163 euros, whose head office is located at 73 rue Léon Bourgeois, 91120 PALAISEAU, registered in the EVRY Trade and Companies Register under number 842 606 873, represented by its President Mr. Ali AZADI (hereinafter referred to as "UBIQUE TECH" and / or "We"). The terms of this policy apply to the Website accessible at the following URL address www.ubique.tech (hereinafter the “Website” and defined in article 2.8) as well as to its mobile application called “UBIQUE KIDS ”also published by UBIQUE TECH (hereinafter the“ Application ”, downloadable from Android or iOS and defined in article 2.1) and inform you about the use, collection and processing of your Personal Data. It is recalled that UBIQUE TECH markets sensation sensors on the Website which connect via Bluetooth (hereinafter the "Product") to a mobile device via the Application (on Subscription), allowing children with cerebral palsy access video games as part of occupational therapy sessions.
    2. UBIQUE TECH acts as a Data Controller within the meaning of European Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter after "GDPR").
    3. This privacy policy may be subject to updates. Any change will be indicated by a link to the privacy policy, integrated into the Website and the Application. In the event of significant changes to this policy, you must express your clear consent to these changes.
  2. Définitions
    1. "Application": designates the application called "UBIQUE KIDS" published by UBIQUE TECH and downloadable by the Client from the App Store and Google Play download platforms. It is understood that access to the Application is only possible for the Customer who has previously purchased the Product and who has subscribed to the corresponding Monthly Subscription from the Website;
    2. "Subscription": means the monthly subscription formula to the Application offered by UBIQUE TECH on the Website, for the purposes of operating the Product;
    3. "Customer" and / or "You": designates the natural person who purchased the Product and subscribed to the monthly Subscription attached to it, from the Website, who has a personal account as a result of these purchases via the "My Account" section and having access to the Application on their mobile terminal. It therefore designates any purchaser of the Product and subscriber to the Application who has entered Personal Data on the Website and / or the Application in order to benefit from all or part of the services as provided on the Website and the Application, which has accepted our General Conditions of Use, our General Conditions of Sale and this privacy policy;
    4. "Cookies": designates the tracers used by a website in order to facilitate the navigation of the User and the Customer, to offer services adapted to the areas of interest of the User and the Customer (advertising cookies), to allow the development of statistics (audience cookies) and to allow Users and Customers to access personalized products and services on the Website;
    5. "Personal data" or "Personal data": design e any information relating to an identified or identifiable natural person; 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, psychic, economic, cultural or social identity. Personal data includes bank data.
    6. "Data Controller": means the natural or legal person, public authority, service or any other body which, alone or jointly with others, determines the purposes and means of the processing of personal data;
    7. "GDPR" or the "General Data Protection Regulation": 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, and repealing Directive 95/46 / EC. Applicable or current laws ”: the laws, measures, directives, regulations enacted or promulgated by a governmental entity (this including any national, foreign, supranational, state, regional, municipal decision-making power or other decision or orientation taken by a European or other supervisory authority, including, where appropriate, European Commission decisions and guidelines, more specifically Directive 95/46 / EC, Directive 2002/58 / EC) as transposed into the national legislation of each State member (law n ° 78-17 of January 6, 1978 “Computing and Liberties” regularly modified, whose new provisions have been applicable since June 1, 2019) as well as their modification or replacement after their first application including by the GDPR and measures supplementing the GDPR. This also covers all industry-specific principles, measures or guidelines for self-regulation that are applicable in the place or region where the services are provided or received, related to the processing of Personal Data or interception, recording or monitoring communications;
    8. "Website": means the website published by UBIQUE TECH and available at the following address: www.ubique.tech , from which the Customer purchases the Product and the Subscription;
    9. "User (s)" and / or "You": refers to any visitor to the Website and any User who has entered Personal Data on the Website in order to benefit from all or part of the services as provided on the Website and who has accepted our General Conditions of Use and this privacy policy;
  3. What information does UBIQUE TECH collect about you ?
    1. We collect the Personal Data you provide to us:
      • at the time of ordering the Product and Subscription on the Website, during which you create a personal account on the Website (then accessible in the "My Account" section);
      • when you subscribe to UBIQUE TECH newsletters accessible on the Internet Site
      • when you contact us for information on our offers or send us a message via the "Contact" section.
    2. The Data Personal information that we collect directly from You includes:
      • Name;
      • First name;
      • E-mail address;
      • Telephone number;
      • Company name (optional).
    3. You must also be informed of the collection of your Bank data by our partner "STRIPE" who is in charge for online payments (when purchasing the Product and the Subscription) from our Website. It is specified that in the context of the contractual relations between UBIQUE TECH and STRIPE, the parties respect the confidentiality of your Data and guarantee that their use complies with applicable legislation. For more information on the functionality of STRIPE and how STRIPE collects your Personal Data, you can click on the following URL link: https://stripe.com/en/privacy. In all cases, the Personal Data collected from the Website is only used for the processing of the Customer's order and is never communicated to third parties.
    4. When you subscribe to our newsletters, you expressly agree to receive, regularly, updated information on the activity and Products of UBIQUE TECH. You can unsubscribe at any time by clicking on the unsubscribe link at the bottom of our newsletters page.
    5. In general, all of the forms available on the Website and / or the Application when collecting your Personal Data, specify whether the collection of Data is compulsory or not. In the event that you do not provide this Data when it is imperative, UBIQUE TECH will not be able to provide the corresponding services.
    6. We may also collect automatically information, such as your IP address, browser type, access time, navigation information or any other information, through our analytical tracking system, including cookies or any other equivalent technology ( see below article 7 on cookies).
  4. Purposes for which we process your Personal Data
    1. We may process your Personal Data for the purposes described in this privacy policy, in particular with a view to:
      • (a) provide the services available on the Website and the Application, including, but not limited to, via the tab “Watch the video” appearing on the home page of the Website, which allows Users to understand the functionality of the Product and to assess the possibility of purchasing it and subscribing to a Subscription; this processing is necessary to carry out, at Your request, the steps prior to the conclusion of the contract (article 6.1 b) of the GDPR);
      • b) perform operations relating to our commercial relationship (if applicable) and perform online payment transactions (also in the context of UBIQUE TECH's relations with STRIPE, in accordance with the description of this partnership in article 3.2), including invoicing, accounting, execution of the Subscription; this processing is necessary for the performance of a contract to which the data subject is a party (article 6.1 b) of the GDPR);
      • (c) communicate with You and You send the documents or information that You can request from us on the Site (newsletters, messages, etc.); the legal basis for this processing is consent (section 6.1 a) of the GDPR);
      • (d) monitor and improve our Website and our Application, including operations internal, such as the maintenance of Customers' personal accounts and security systems; this processing is based on our legitimate interest (section 6.1 f) of the GDPR) or, if necessary, on your consent in terms of cookies (see below article 7).
    2. We may also use your Personal Data for any processing that may be necessary in order to comply with a legal obligation to which we are subject
  5. Sharing of your Personal Data
    1. We may disclose your Personal Data to third parties, to the extent that this is strictly necessary for the administration of our Website and our Application, and more generally, to the provision of the services we offer you on these media. In this regard, your Personal Data may be shared with our staff and authorized contractors. Any sharing of your Personal Data with our business partners or other third parties is subject to your consent. We specify that your Personal Data can be transferred in the countries of the European Union only and for the purposes duly mentioned in article 4.
    2. Our subcontractors are involved in the following areas: hosting, maintenance of the Website and the Application and all other related technical operations; the delivery and execution of the Products and services provided via the Website and the Application, and all the technical and commercial operations linked to it.
    3. Your Personal Data stored in our database will be stored on the servers of our hosting provider OVH SAS 2 rue Kellermann - 59100 Roubaix - France.
    4. In addition to specific data disclosures Personal information listed in this article, we may disclose your Personal Data in order to comply with a legal obligation. We may also disclose your Personal Data when this disclosure is necessary for the establishment, exercise or defense of UBIQUE TECH in the event of claims, whether in the context of legal proceedings or in the context of a administrative or non-judicial procedure.
    5. In the event that we intend to conclude a transaction which would modify the structure of our business (reorganization, merger, sale, joint venture, transfer, transfer, change of control or any other transfer of all or another part of our business, our assets or our actions), we retain the right to share Personal Data with third parties in order to facilitate and complete this transaction.
  6. How long does UBIQUE TECH keep your information ?
    1. We keep your Personal Data as long as it is necessary for the provision of the services offered on the Website and the 'Application and as part of the execution of our commercial relationship (if applicable) or for other essential purposes such as: compliance with our legal obligations, dispute resolution and the application of our agreements.
    2. When you create your Customer account on the Website, we process and store your personal information as long as you keep your account active, and use our services or Products. When you terminate the Application Subscription or close your Customer account, we delete all Personal Data that we no longer have a business reason to keep. However, we keep all Personal Data related to our business relationship (if applicable) in order to comply with our legal obligations in this regard. In fact, in the event of a request for the deletion of your Personal Data and / or if you exercise your right to request the deletion of your Personal Data, we may however keep it in the form of an intermediate archive, for the time necessary to comply with our legal, accounting and tax obligations. The periods of effective retention of Personal Data may then vary, taking into account our legal or contractual obligations, and the type of Data concerned, which Users and Customers recognize and accept.
  7. Cookies
  8. We use cookies to improve the operation of the Website and your browsing experience. Certain Cookies allow you to use the main functions of the Website. By deactivating their use, you will no longer be able to access its features. In addition, and depending on the parameters relating to the use of cookies, certain tracking devices may be issued or read by third parties. Regarding specifically the cookies used by UBIQUE TECH, they are listed on the following link https://automattic.com/cookies/. A consent banner warns you when you first connect to the Website, by which you can decide (i) to accept or (ii) to refuse cookies, for each purpose which will be detailed to you, and even (iii) to withdraw your consent. Your consent is thus requested for each purpose (examples: website audience measurement, content sharing, analysis of centers of interest for the purpose of personalized advertising, social networks, etc.). By clicking on the titles of these purposes, a short description appears and you can thus modify the default parameters. The list of entities using cookies is as follows: 1. FormsAuthenticationService.cs and WebWorkContext.cs - to store customer authentication infor 2. CompareProductsService.cs - to store a list for compare products page 3. RecentlyViewedProductsService.cs - to store a list for recently viewed products As part of the performance analysis of our Website, we use the Google Analytics site. We must use a cookie to remember the choices made in our cookie privacy manager. This will have some consequences: • If you delete all your cookies, you will have to update your preferences for our Website again when you log in again; • If you use another device or browser, you will also have to tell us your preferences again. The read and write operations that cookies allow do not systematically involve the processing of personal data. In other words, the information collected does not always make it possible to identify you directly, but it can bring you a more personalized Web experience. However, there are cases where such processing is carried out and forms an integral part of processing of personal data subject to the provisions of the Data Protection Act of 6 January 1978 duly amended, and of the GDPR, under the conditions of the this policy.

  9. security
  10. We take all appropriate and reasonable measures to protect Personal Data against unauthorized access, use, disclosure, modification and destruction. We thus ensure the security of Personal Data and implement the necessary technical and organizational measures, with regard to the nature, scope and context of transmission of Personal Data, as well as with regard to the risks presented by their processing, in order to preserve their security and, in particular, to prevent any accident or illegal destruction, loss, modification, disclosure, intrusion or unauthorized access to this Data. If a password is used to protect your Client account and it contains Personal Data, it is your sole responsibility to keep your password confidential.

  11. Your rights
  12. 9.1 The main rights you have under current data protection law are:
    (a) the right of access - you can request copies of your Data Personal;
    (b) the right of rectification - you can ask us to correct inaccurate Personal Data and / or to supplement it;
    (c) the right to erasure - you can ask us to erase your Personal Data;
    (d) the right to restrict processing - you can ask us to restrict the processing of your Personal Data;
    (e) the right to object to the processing - you can object to the processing of your Personal Data;
    (f) the right to data portability - you can request that we transfer your Personal Data to another organization or to You;
    (g) the right to complain to a supervisory authority - you can complain about our processing of your Personal Data to such a authority (in France, the CNIL: www.cnil.fr);
    (h) the right to withdraw your consent - to the extent that the legal basis for our processing of your Personal Data is consent, you can request the withdrawal of this consent. 9.4 You can exercise any of these rights in relation to your Personal Data, by making a written request to the contact details set out below.

  13. Contact information
  14. For any request related to the confidentiality of your Personal Data and / or the exercise of the rights referred to in article 9 above, you can contact our legal department at following email address: contact@ubique.tech. You will receive a response within a maximum of one (1) month from the date of receipt of your request. If necessary, this period can be extended by two (2) months by UBIQUE TECH, which will be notified to you, depending on the complexity and / or the number of requests.