Privacy Policy

Introduction

Definition of terms

Hereinafter referred to as :

Personal data: Any information relating to a natural person who is identified or can be identified, directly or indirectly, by reference to an identification number or to one or more elements that are specific to him or her", in accordance with the French Data Protection Act of January 6, 1978.

Site: The www.yuccanlead.com platform and all its pages.

Publisher: YUCCAN LEAD SAS, the legal entity or individual responsible for the publication and content of the Site, also referred to as "We".

Professional: Company that has subscribed to an offer to use the Yuccan Lead software, registered on the Portal and that receives leads from its individual customers who have become Ambassadors by subscribing to the Yuccan Lead application.

User: Professional visiting and using the Services of the www.yuccan.app website, regularly referred to as "You".

Article 1

Introduction and role of the charter

The purpose of this privacy policy is to inform you of YUCCAN LEAD's commitment to respecting your privacy and protecting your Personal Data, collected and processed when using the service and your obligations as professionals using the software (The Platform).

It is important that you read this privacy policy so that you know why and how we use your data, and what your obligations are as a professional.

By subscribing to the services offered by YUCCAN LEAD, you have undertaken to provide us with reliable information. Providing false information is contrary to the general terms and conditions of use and license of the Yuccan Lead software.

This Privacy Policy may be amended or supplemented at any time, in particular to comply with any changes in legislation, regulations, case law or technology. The date of any such update will be clearly indicated.

You are bound by these modifications as soon as they are put online, and we therefore invite you to consult this Privacy Policy regularly in order to take note of any changes.

You will also find a description of your privacy rights and how the law protects you.

If you have any questions about this Privacy Policy or if you wish to exercise your rights as described in the section of this Privacy Policy, please contact us by e-mail at dpo@twiiky-corp.fr or by post addressed to:YUCCAN LEAD SAS, 18 Rue Charles Despeaux, 78400 Chatou, France.

Article 2

Collected data

The Data collected and subsequently processed by the Site are those that you voluntarily transmit to us by filling in the various forms present on the Site. For certain content-related operations, you may be asked to transmit your personal data to third-party partners through their own services, more specifically when you make a payment. We will not have access to this data, as its collection and processing are governed by the terms and conditions specific to these parties. We invite you to consult their general conditions before communicating your Data in this context.

Data is collected and processed, on a contractual basis, for the purposes of managing the commercial relationship and sending information e-mails concerning new YUCCAN LEAD products and services. In addition, data may be processed for the purpose of sending any commercial prospecting related to the Professional's professional activity, on the basis of YUCCAN LEAD's legitimate commercial interest. In the context of these purposes, the categories of personal data processed are as follows: the Professional's business contact details and those of users, account identification data and bank details. The recipients of the data are the people in charge of customer relations at YUCCAN LEAD and YUCCAN LEAD's subcontractors who safeguard the data.

We do not collect "sensitive" data

The collection of Users' personal data does not require a declaration to the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés - CNIL).

Article 3

Identity of the data controller

In the context of the execution of the contract, YUCCAN LEAD processes the Professional's personal data within the meaning of the Regulation in its capacity as data controller.

The data controller is Mr VANDENBORGHT Baptiste, President of YUCCAN LEAD SAS.

However, the Professional, in his capacity as data controller, is responsible for determining the purposes of the processing entrusted to YUCCAN LEAD, in particular those transmitted by the CRM integration.

In addition, the Professional undertakes to comply with the obligations incumbent upon him in his capacity as data controller and to respond within fifteen (15) days to any request from YUCCAN LEAD relating to the processing of personal data in connection with the provision of the Services.

Article 4

Purposes of the Data collected

The Data identified as mandatory on the Site's forms is required in order to benefit from the corresponding functionalities of the Site, and more specifically from the operations on the contents proposed within it.

The Site may collect and process your Data in order to (i) register you as a new customer (ii) manage our business relationship with you (iii) inform you of new products and special offers related to Yuccan Lead and (iv) resolve any disputes or claims you may have.

Please note that we may process your personal data on different legal grounds depending on the specific purposes for which we use your data. We do not make any automated decisions.

Article 5

Recipients and use of collected data

The Data collected by us are processed for the purposes of carrying out operations on the contents of the Service.

You may receive e-mails from our Service.

YUCCAN LEAD SAS is the main recipient of your Personal Data. This information is never passed on to third parties, with the exception of our partner STRIPE, who may have access to it for the purposes of their services.

Your Personal Data may be shared with the above parties for the purposes set out in this Privacy Policy. We require all third parties to ensure the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your data for any other purpose.

Article 6

Personalization functionality and Data collection

The Professional on our Platform has the option of personalizing the form used to send a contact.

However, this personalization does not allow the collection of so-called "sensitive" data in the sense given by the General Regulation for the Protection of Personal Data (GDPR), such as ethnic or racial origin, health or sex life, even in the case where such data would be subject to temporary processing.

Unless it concerns the exceptional cases provided for in Article 9 paragraph 2 of the GDPR.

Article 7

Data outsourcing by YUCCAN LEAD

As part of the Professional's use of the Services and in accordance with Regulation 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 (hereinafter referred to as the "Regulation"), YUCCAN LEAD may be required to process information provided by the Professional to enable him or her to make optimal use of the Services. In this case, YUCCAN LEAD acts as a subcontractor solely on behalf of and on the documented and lawful instructions of the Professional.

YUCCAN LEAD undertakes to respect the confidentiality of the data communicated by the Professional for the performance of the Contract, in accordance with the provisions of Law No. 78-17 of January 6, 1978, known as the Data Protection Act, and EU Regulation 2016/579, known as the GDPR. Individuals may, in accordance with this law, exercise their right to access and rectify data concerning them, collected by YUCCAN LEAD in connection with the conclusion or performance of this Contract, by sending an email to the address:dpo@twiiky-corp.fr

YUCCAN LEAD therefore undertakes to comply with the following obligations, and to ensure that its staff and any subcontractors, affiliates or partners comply with them:

  • To process personal data only for the purposes described below and according to the documented instructions of the Professional, unless YUCCAN LEAD is required to do so under applicable regulations. In this case, YUCCAN LEAD will inform the Professional of this legal obligation prior to processing, unless applicable regulations prohibit such information;
  • Ensure that persons authorized to process data undertake to respect the confidentiality of personal data;
  • Assist and cooperate with the Professional in the event of an impact analysis or prior consultation with a supervisory authority;
  • Implement and maintain a procedure for reporting personal data breaches or incidents so as to alert the Professional as soon as possible;
  • Not to make any copies of the data, documents and information media entrusted to it, except those required for the performance of the Services;
  • Keep a processing log, where applicable;
  • Not to use the processed data, documents and information for purposes other than those intended for the Services;
  • Not to disclose such data, documents or information to other persons, whether private or public, natural or legal persons, other than as specified in this contract;
  • To take all measures to prevent any misuse or fraudulent use of the data, documents and information processed;
  • Implement appropriate technical and organizational measures to guarantee a level of security for personal data appropriate to the risk, and in particular to prevent it from being distorted, damaged or communicated to unauthorized persons;
  • Not to transfer personal data outside the territory of the European Union, without first informing the Professional. In the event that YUCCAN LEAD or its subsequent subcontractors have recourse to processing located in a country outside the European Union, they undertake to ensure that the transfers carried out present appropriate guarantees in accordance with the Regulation, in particular by concluding standard contractual clauses, an adequacy decision or any other guarantees.

As part of the provision of Services, the Professional's data may be subcontracted to service providers, particularly for hosting. YUCCAN LEAD may call upon another subcontractor to carry out specific processing activities. In the event of subcontracting, YUCCAN LEAD undertakes to sign a written contract with each subcontractor requiring the latter to comply with the Regulation and all obligations, it being specified that in the event of a subcontractor's failure to comply with its obligations in terms of personal data protection, YUCCAN LEAD will remain fully liable to the Professional.

In the event that the Professional wishes to carry out an audit or inspection, within the limit of one per year after having notified YUCCAN LEAD ten (10) days prior to such verifications, YUCCAN LEAD undertakes to make available to the Professional all information necessary to demonstrate compliance with its obligations under this article and the Regulation. As part of its checks, YUCCAN LEAD will immediately inform the Professional if, in its opinion, any instruction constitutes a breach of the Regulations or other provisions of the applicable regulations.

Article 8

Data security

You are informed that your Data may be disclosed in application of a law, a regulation or by virtue of a decision by a competent regulatory or judicial authority or, if necessary, for the purposes, for the Platform, of preserving its rights and interests.

We have implemented appropriate security measures to prevent your personal data from being accidentally lost, used, modified, disclosed or accessed without authorization. In addition, access to your personal data is processed in accordance with our instructions and is subject to applicable laws.

Article 9

Data retention period

Your Data is stored by our host, whose contact details are given in the Site's legal notice, and is kept for the time strictly necessary to achieve the aforementioned purposes. In particular, it is kept for the duration of the commercial relationship between you and YUCCAN LEAD, and for a period of 24 months from the end of this relationship. However, data may be kept and archived for a longer period to comply with a legal obligation, in accordance with the laws in force.

For the management of the commercial relationship, the Professional's data is kept for the entire duration of the contractual relationship with YUCCAN LEAD, increased by the legal periods relating to the proof thereof, and within the framework of commercial prospecting operations for a period of up to three years, after which it is definitively deleted unless the prospect contacts us again.

Personal data entrusted to YUCCAN LEAD will be kept on behalf of the Professional for between 3 and 6 months after termination of the present contract, for purely technical reasons.

At the end of the present contract or in the event of its termination for any reason, YUCCAN LEAD undertakes either to return all processed data and copies thereof in a standard format, or to destroy the data and certify that the destruction has been carried out. YUCCAN LEAD undertakes to destroy existing copies of the data, unless the regulations applicable to the contract require the data to be retained.

Article 10

IT rights and freedoms

In accordance with the legislation on the protection of personal data you have the d as indicated in Article 1 of this Privacy Policy by writing to us at the postal address mentioned at the top or by sending an email todpo@twiiky-corp.fr.

Pursuant to the Regulation, you have the rights detailed below to their personal data that you can exercise and enforce your rights by sending an email todpo@twiiky-corp.fr, proving your identity.

  • The right to information: we are obliged to inform you of how we use your personal data (as described in this privacy policy).
  • The right of access: this is your right to make a request for access to the data concerning you in order to receive a copy of the personal data that we hold; However, due to the obligation of security and confidentiality in the processing of personal data that is incumbent on YUCCAN LEAD, you are informed that your request will be processed subject to you providing proof of your identity, in particular by producing a scan or photocopy of your valid identity document.
  • The right of rectification: the right to ask us to rectify any personal data concerning you that may be incomplete or inaccurate. Under this right, you are legally entitled to request the rectification, updating, blocking or deletion of data concerning you that may be inaccurate, erroneous, incomplete or obsolete.
  • The right to erasure, also known as the "right to be forgotten ": in certain cases, you can ask us to delete the personal data we hold about you (unless there is a compelling legal reason for us to retain it).
  • The right to restrict processing: in certain cases, you have the right to ask us to suspend the processing of your personal data.
  • The right to data portability: you have the right to ask us for a copy of your personal data in a common format (e.g. a .csv file).
  • The right to object: you have the right to object to the processing of your personal data (for example, by prohibiting us from processing your data for direct marketing purposes).

However, this right can only be exercised in one of the following two situations: when the exercise of this right is based on legitimate grounds, or when the exercise of this right aims to prevent the data collected from being used for commercial prospecting purposes.

You will not be charged for access to your personal data (or for exercising any other right). However, we may charge you a reasonable fee if your request is manifestly unfounded, repetitive or excessive. In this case, we may also refuse to respond to your request.

YUCCAN LEAD SAS will be entitled, where appropriate, to object to requests that are manifestly abusive due to their systematic, repetitive or numerous nature.

We may ask you for specific information in order to confirm your identity and to ensure your right of access to your personal data (or to exercise any other right). This is a security measure to ensure that personal data is not disclosed to anyone who is not authorized to receive it. We may also contact you to obtain more information about your request, in order to provide you with a faster response.

We aim to respond to all legitimate requests within one month. This one-month deadline may be exceeded if your request is particularly complex or if you have made several requests. In this case, we will notify you and keep you informed.

Article 11

Links to third-party sites

The YUCCAN LEAD site contains no links to third-party sites or applications (including, for example, the possibility of identifying yourself via Facebook), with the exception of partnerships with ZAPIER and STRIPE enabling you to interface Yuccan Lead with other software.

Article 12

Complaint to the Data Protection Authority

In the event of a dispute, you also have the right to refer the matter to the CNIL. Any request for deletion of data, legitimate at any time at the above address, is likely to prevent performance of the contract when it concerns data strictly necessary for such performance.

In France, the competent authority is the CNIL, to which you can send an electronic request by clicking on the following link: https://www.cnil.fr/fr/plaintes/internet.

CONTACT US: If you have any questions about this privacy policy, or if you wish to exercise any of your rights, please contact us by e-mail at:dpo@twiiky-corp.fr

Contributors

Tersedia logo

Tersedia

Data Protection Officer (DPO)

References

1) CNIL, French Data Protection Act (link)
2) GDPR regulations (link)

Seeking further insights?

Don't hesitate to get in touch with our team, who will be happy to answer any questions you may have.

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