Privacy Policy

1. Definition and nature of personal data

As a result of your use of the software solution, Mindsay (hereinafter the “Solution“), we may require you to provide us with your personal data so that you have the possibility to use the services provided through the Website.

The word “personal data” means any data that enables a person to be identified, which includes your first name, family name, email address, telephone numbers, data relating to your use of the Solution as well as any other information about you that you choose to provide us with.

2. Purpose of this privacy policy

The purpose of this privacy policy is to inform you of the means that we use to collect and process your personal data with the strictest respect for your rights.

In this regard, we inform you that we collect and process your personal data in compliance with French law N° 78-17 dated 6 January 1978 on Information Technology, Data Files and Civil Liberties (hereinafter referred to as the “French Data Protection Act”) as well as the regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 as from its entry into force, namely 25 May 2018 (hereinafter referred to as the “GDPR”).

3. Identity of the entity responsible for collecting data

The entity responsible for collecting and processing your personal data is the company DESTYGO, a French Simplified Joint Stock Company (“Société par Actions Simplifiée”) registered with the Paris Trade and Companies Register under the number 822 349 288, whose head office is located at 131 avenue Parmentier, 75011 Paris, France (hereinafter referred to as “us” or “we“).

4. Collecting personal data

The legal basis for our processing of your personal data is the following:

  1. The legitimate interest resulting from the voluntary provision of your personal data when visiting the Website, as the data is aimed at enabling us to better answer your requests about our Services;
  2. Your consent to our use of functional cookies, marketing cookies, and analytics cookies as set forth in article “Cookies”;
  3. Processing is necessary for the performance of the contract to which you are a party for purposes of using our Services on our Website.

Your personal data is processed to meet one or several of the following requirements:

  1. To manage your access to the Services provided through the Website and their use;
  2. To carry out operations necessary for the management of customers with regard to the contracts, orders, deliveries, invoices, loyalty programs, and follow-up of the customer interactions;
  3. To constitute a file of registered members, users, customers, and prospects;
  4. To send newsletters, invitations, and promotional advertisements. You have the possibility to opt-out of receiving such communications when your data is collected;
  5. To provide commercial and service usage statistics;
  6. To organize promotional games, sweepstakes, or any promotional operation, excluding gambling and online gambling, that are subject to the approval of the Regulatory Authority of Online Games;
  7. To manage customer’s opinions on products, services, or content;
  8. To manage unpaid invoices and possible disputes about the use of our products and services;
  9. To customize our answers to your requests for information;
  10. To respect our legal and regulatory requirements.

We inform you when collecting your personal data, whether some parts of the data are mandatory or optional. Mandatory data is necessary for the provision of our Services. You are free to provide or withhold optional data. We will also inform you of the possible consequence of failure to reply.

5. Recipients of the collected data

The only persons who have the right to access your personal data are our personnel, the entities responsible for audits (including external auditors), and our subcontractors;

We may also give government agencies access to your personal data for the sole purposes of meeting legal requirements or to representatives of the law, ministerial officers, and organizations responsible for the collection of debts.

6. Transfer/sale of personal data

Your personal data will not be exchanged with, transferred to, or rented to any third party.

7. Personal data storage period

Data concerning current and potential customer management:

Your personal data are kept for the period strictly necessary for the management of our business relationship with you.

Regarding possible prospecting operations concerning you, your data may be stored for a period of 3 (three) years from the end of the business relationship.

Data establishing the proof of a right or contract, which must be retained for the fulfillment of a legal obligation, will be archived for a period of 5 (five) from the. end of the business relationship.

Personal data relating to a potential customers may be stored for a period of 3 (three) years from their collection or the last contact from the prospect.

At the end of this 3 (three) year period, we can contact you again to find out if you wish to continue receiving commercial solicitations.

Identity documents:

When exercising your right of access or correction, data relating to identity documents may be stored for the time limit provided for in Article 9 of the French Criminal Procedure Code, namely 1 (one) year. When exercising your right to object, this data may be archived for 3 (three) years.

Management of opt-out systems:

All information regarding your right to opt-out shall be stored for at least 3 (three) years after exercising this right.

Cookies:

TThe storage term for the cookies set forth in the article “Cookies” is 13 (thirteen) months.

8. Safety

We inform you that we take all necessary precautions, as well as all appropriate organizational and technical measures, to maintain the security, integrity, and confidentiality of your personal data, including to prevent it being distorted or damaged and denying any unauthorized third-party access to it.

9. Hosting

We inform you that your personal data is stored, for the term set forth above, on the servers of the company, Amazon Web Service, located in Frankfurt, Germany in the European Union.

Your personal data may be hosted on the servers of some of our subcontractors that are located in the United States.

These subcontractors have joined the Privacy Shield, which has been deemed adequate to enable data transfers under EU law by the European Commission on July 12, 2016 (see the adequacy determination). To learn more about the guarantees that it provides, please visit the Privacy Shield website.

10. Cookies

Cookies are small lines of encrypted text that are stored on your web browser. They are created when a user’s browser loads a website. The website sends information to the browser which creates a text file. Each time the user is visiting a website, the browser retrieves this file and sends it to the website’s server.

There are various types of cookies which have different purposes:

  • Functional cookies are used to facilitate your browsing experience and provide you with functional features. A functional cookie may be used, for instance, to remember the information you entered in a sign-up form, language preferences, or the presentation of an internet site when such options are available.

    We use functional cookies.

  • Marketing cookies can be created not only by the website users are visiting but also by other websites which provide advertisements, announcements, widgets, or other elements on the displayed page. These cookies are used to make advertisements more relevant to you. In particular, these cookies enable our advertising partners to build a profile of your interests and show you relevant adverts through the use of the retargeting. They do not directly store personal information but are based on uniquely identifying your browser and device.

    We also use marketing cookies. These cookies are only placed with your consent. You have the possibility to have information on their nature, accept them or refuse them.

  • We use analytics tools, including but not limited to Google Analytics, that generate cookies that enable us to measure the number of visits to our Website, the number of page views, and visitors’ activity on the Website. Your IP address is also collected to determine the city you are connecting from. These cookies are placed only with your consent. You have the possibility to accept or refuse them.

    You can refuse the installation of cookies on your browser settings. However, this refusal could prevent you from using the services offered on the Website.

11. Access to your personal data

In compliance with the French Data Protection Act and GDPR, you have the right to access, modify, and delete any of your personal information. You can exercise this right and gain access to the information concerning you online or by contacting us at:

Persons the data of which are processed on the basis of our legitimate interest, as specified in article “Collecting personal data”, are reminded that they have the possibility to object to the processing of their personal data at any time. We may, however, carry on with this processing if there are legitimate reasons that take precedent your rights and freedoms or if it is required in order to establish, exercise, or defend our rights before courts.

12. Right to define instructions related to the processing of data after your death

You have the right to define instructions with regard to the storage, deletion, and communication of your personal data after your death.

These instructions may be general directions which are focused on all personal data concerning you. In such a case, they must be registered with a trusted digital third party who is certified by the French data protection authority (CNIL).

These instructions may also be specific to the data processed by our company. You are then required to provide these instructions to us at:

By providing us with these instructions, you hereby expressly consent that they be stored, transmitted, and carried out on the terms and conditions set forth herein.

You have the right to appoint in your instructions a person in charge of their execution. After your death, this person shall be entitled to take ownership of these instructions and to request their implementation. Failing such an appointment, your heirs shall be entitled to take ownership of these instructions and to request to us their implementation.

You may modify or revoke your instructions at any time by writing to the abovementioned contact addresses.

13. Portability of your personal data

You have a right to portability of the personal data that you have entrusted to us, understood as the data you have actively and deliberately declared when accessing and using our Services. You are reminded that the portability right does not apply to data that was processed on another basis than consent or the execution of a contract between us.

This right may be exercised free of charge at any time, including when closing your account on the Website, so that you may recover and store your personal data.

In this context, we shall provide your personal data, by any appropriate means, in an open standard, current, and machine-readable format in compliance with the latest developments.

14. Personal data submission of a complaint before a supervisory authority

You are informed that you have the right to submit a complaint before a supervisory authority which is competent in the member State in which your ordinary residence, your place of work, or the place in which the infringement of your rights was committed (in France, the French Data Protection Authority – CNIL) if you consider that the personal data processing under this Privacy Policy is in violation of the applicable regulations.

This complaint may be exercised without prejudice of other legal action before any administrative or judicial court. You also have a right to effective administrative and judicial redress if you consider that the personal data processing under this Privacy Policy is a violation of the applicable regulations.

15. Restriction of processing

You have the right to restrict your personal data’s processing where one of the following applies:

  • If you contest the accuracy of your personal data within the verification period;
  • When the processing of the data is unlawful and you request the restriction of this processing instead of erasing your data;
  • When we no longer need your personal data but you require its maintenance for the exercise of legal claims;
  • If you have objected to the processing of your personal data within the period of verification of the legitimate interests.

16. Modifications

We reserve the right, at our sole discretion, to modify this Privacy Policy, in whole or in part. Any changes will be effective from the time of publication of the new Privacy Policy. Your use of the Website after the changes have been implemented implicitly expresses your acknowledgement and acceptance of the new Privacy Policy. Otherwise, if the new Privacy Policy does not suit you, you must no longer use the Services.

17. Effective Date

This Privacy Policy has been updated on 26 September 2019.