Data protection and privacy charter
This information charter sets out Numberly’s commitments (hereinafter the “Charter”) with regard to interactive advertising and the protection of privacy, and provides you with information on:
- the origin and use of data collected and processed by Numberly
- the confidentiality and data protection measures taken by Numberly
- the rights of individuals guaranteed by applicable regulations and those implemented by Numberly’s companies as part of the Services accessible on the websites of Numberly’s clients and partners.
This Charter is important for you, providing you with the means to have a positive, trustful experience of interactive advertising. It is equally important for us as it enables us to answer your questions in a precise and appropriate way, take your expectations into account and respect your choices and rights.
- LEGAL INFORMATION
- DEFINITIONS AND APPLICABLE LAW
- BROWSING DATA PROCESSED BY NUMBERLY
- YOUR RIGHTS REGARDING THE USE OF YOUR BROWSING DATA
- HOW LONG YOUR PERSONAL DATA WILL BE KEPT
- SHARING YOUR PERSONAL DATA
- INTELLECTUAL PROPERTY
- CHANGES TO THE CHARTER
1. LEGAL INFORMATION
Numberly is a French société par actions simplifiée à associé unique with a capital of €1,530,406.00, located at 28 rue de Châteaudun 75009 Paris, France, registered with the Paris Trade and Commerce Register under number B 908 030 018, represented by Ms Yseulys Costes, the CEO. Numberly may act, depending on the situation, as:
– the person responsible for processing Your Personal Data in the context of the continuous improvement of the Services that we provide to Our Partners and the operation of our Websites, based on our legitimate interest, or
– the Processor for Our Partners who entrust us, under their responsibility, with the mission of processing Your Data on their behalf and under their instructions, as part of the Services that we provide to them. In the latter case, the legal basis on which Numberly processes Your Personal Data is the one under which Our Partner is likely to Process Your Personal Data.
Numberly can be contacted for any questions relating to this Charter by emailing our Data Protection Officer at email@example.com or by calling +33 (0)1 49 49 06 60 between 9:00 am and 7:00 pm (Paris time) on working days (excluding weekends and French public holidays).
The website numberly.com is hosted by Amazon Web Services LLC, P.O. Box 81226, Seattle, WA 98108-1226, http://aws.amazon.com.
2. DEFINITIONS AND APPLICABLE LAW
“IP Address” means the identification number assigned by your Internet Service Provider to Your Terminal when connecting to the internet via the Interpret protocol (TCP/IP: Transfer Control Protocol/Internet Protocol) and which We may be required to process when You access our Website, consult one of Our Services or an electronic communication service from one of Our Partners.
“Charter” means this document, which can be accessed via the Website: numberly.com (hereinafter the “Website”), at the following address: numberly.com/en/privacy
“Cookie(s)” means a text file that may be saved, subject to your agreement expressed in accordance with applicable French and European regulations (art. 5.3 of the “ePrivacy” Directive 2008/58/EC, modified by Directive 2009/136/EU, or any subsequent text that may succeed them), in an area dedicated to the browsing software on your Terminal’s hard drive, when consulting one of Our Services or an electronic communication service of one of Our Partners or when installing software or a mobile application. A Cookie allows its issuer to identify the Terminal on which it is registered for the Cookie’s validity or registration period. The validity period of Our Cookies does not exceed thirteen (13) months, in accordance with the regulations in force.
“Browsing data”, “Browsing” mean the data relating to the connection of a Terminal to the Internet or to an electronic communication service (for example, a website) at a given time. We may process Browsing Data under the conditions set out in this Charter, even if We do not necessarily know which Terminal You are using or who You are at any given time. Some Browsing Data may constitute Personal Data, as defined below.
“Personal Data”: means the data referred to in Article 4.1 of the EU General Data Protection Regulation No. 2016/679 of 27 April 2016 (hereinafter, “GDPR”), which allows You to be identified, directly or indirectly at a given time, independently of the Terminal You are using.
“We”, “Our”, “Us”, “Website(s)”, “Service(s)”, “Publisher”, “Numberly”, “Group” mean the companies within Numberly and their Service Providers, who may, under certain conditions described below, be required to collect, use, store or share Browsing Data and Personal Data created or modified when You access or use the Website or Our Services, receive electronic prospecting or interactive advertising from one of Our Services or visit an electronic communication service from one of Our Partners within which We provide Our Services to the latter or to Third Parties designated thereby.
“Partner(s)” means any company other than those that make up Numberly, their Service Providers, or Third Parties bound to Numberly by a contract relating to the Numberly Services.
“Service Provider(s)”, “Subcontractor(s)” mean any person or company that may be required to process Data on Our behalf, in accordance with Our instructions and Article 4.8 of the GDPR, as well as, in general, any person acting on behalf of and under the instructions of a Data Controller.
“Third Party(-ies)” means any company(-ies) or public entity(-ies) (judicial or administrative authority) other than Us, Our Service Providers and Our Partners.
“Terminal(s)” means the equipment (computer, smart phone, telephone, etc.) that You use to access the Website, to use one of Our Services, to receive offers from Our Services or to consult the electronic communication services of one of Our Partners.
“You”, “Your”, “Member(s)”, “User(s)” mean any natural person who accesses, uses or is registered to one of Our Services governed by this Charter, or who consults or is a member of a service of one of Our Partners and whose Personal Data and/or Browsing Data related to such access, consultation, use or registration may be processed by Us, in compliance with this Charter and applicable law.
2.2. APPLICABLE LAW AND CONTROL MECHANISMS
The rights of Users and Members governed by Our Charter relate to the processing of personal data and browsing data by Numberly, whose principal place of business is located in France. They are governed by Act No. 78-17 of 6 January 1978 as amended, known as the “Loi Informatique et Libertés” (Data Protection Act) and by the international texts and treaties applicable in France, and in particular the GDPR.
Numberly protects the personal data and privacy of Users in accordance with the strictest European and French regulations applicable in this matter. The processing of personal data and browsing carried out as part of Our Services is subject to permanent and independent internal control placed under the authority of Our “Data Protection Officer” (DPO) appointed by the French data protection supervisory authority, the Commission Nationale de l’Informatique et des Libertés (hereinafter, “CNIL”). You may, at any time, contact our DPO for any additional information, by writing to firstname.lastname@example.org.
This Charter does not apply to the services or data-processing implemented by Our Partners, nor to the practices of Third Parties, over which Numberly exercises no control.
3. BROWSING DATA PROCESSED BY NUMBERLY
Since its creation, Numberly has always sought to anticipate the expectations of consumers and Internet users, both in terms of protecting their privacy and in commercial matters. Our ultimate ambition is to send Our Members offers that may indeed interest them, which are more relevant and less frequent than those disseminated by Our competitors.
Therefore, in order to adapt the frequency of sending and the type of offers sent by Numberly to its Members, We process the Browsing Data attached to their Terminal(s) and to the browsing software(s) used by their Terminal(s).
3.1. WHAT IS BROWSING DATA?
This is data relating to Traffic, as defined in paragraphs b) and c) of Article 2 of the “ePrivacy” Directive 2002/58/EC amended by Directive 2009/136/EC, and, in particular:
- the IP address of the Terminal connected to the Internet,
- the date and time a Terminal is connected to an electronic communication service,
- the URL (Internet address) of the Internet page from which the Terminal accessing an electronic communication service originates (“referer”),
- the URL (Internet address) of the Internet page accessed by the Terminal consulting an electronic communication service,
- the type of operating system used by the Terminal (Windows, MacOs, Linux, Unix, BeOS, etc.),
- the type and version of browser software used by a Terminal (Internet Explorer, Safari, Firefox, Chrome, Opera, etc.),
- the language of use by the browsing software used by the Terminal,
- the identifier and content of a cookie file stored by Us in the Terminal.
3.2. WHAT DO WE USE THEM FOR?
– To secure Our Services
– To measure the receipt and reading of Our e-mails
We may process Browsing Data when We receive or consult an electronic survey that We have sent to a Member. This Browsing Data may result, in particular, from the storage and/or reading of Cookies that We operate within emails distributed by Us, subject to the choices expressed by the Member concerned in their browser software and with Us (see Article 4 below).
This Browsing Data allows Us:
- to account for Terminals receiving and accessing electronic prospecting sent by Numberly to Users,
- to gather statistics for the receipt and consultation by Users of the electronic surveys We send to them and,
- to ensure the follow-up and invoicing base to Our Partners of Our Services for sending direct prospecting by email to Users.
– To adapt interactive advertisements to a User
We may have to process Browsing Data relating to a User’s reaction to an email (or SMS, MMS, etc.) that We sent them: has this email been received and consulted? Has the Member reacted or not to the content of this email? Have they visited the online service promoted by this email? Has the Member subscribed to the offer promoted, etc.?
Other Browsing Data may also relate to a User’s visit to one of Our Partners’ services, and said visit to such service or reaction to the display of an interactive Advertisement that We have displayed or broadcast on behalf of one of Our Partners on one of Our Partners’ or a Third Party’s services.
This Browsing Data associated with a Cookie issued by Numberly also relates to the consultation of Our Partners’ electronic communication services by a Member’s Terminal. Where applicable, this Browsing Data allows Us, subject to Your agreement and subsequently, unless You object thereto, to determine which interactive advertisements or electronic prospecting (by email, SMS or MMS) are likely to interest a User, according to the electronic communication services of Our Partners previously consulted by their Terminal as noted by reading the Cookies that We operate in relation to our Partners and that are stored on Your Terminal. This Data also enables Us to constantly improve the relevance of interactive advertising and electronic prospecting (by email, SMS or MMS) likely to interest a User.
However, when a Member’s Terminal is used by several people and when the same Terminal has several browsers, We cannot ensure that interactive advertising or electronic prospecting addressed to a User or to their Terminal corresponds to their own use of the Terminal and not to that of other users of the same Terminal.
Management by the Member of privacy protection parameters offered by the browsing software(s) of their Terminal, is their own free choice and sole responsibility. Where applicable, sharing the use of the Terminal with other persons is the Member’s free choice and responsibility.
– To adapt interactive advertisements to a Terminal
Browsing Data allows us to adapt the content or display of an interactive advertisement intended for a Member’s Terminal, by determining:
- the language used by the Member’s Terminal,
- the display resolution of the interactive advertising content (banner, advertising space, interactive offers, product or service recommendations, email, SMS, MMS) that We broadcast, depending on the screen of the recipient Member’s Terminal,
- the content that the Member’s Terminal can display or read, depending on the graphics card and the viewing or reading software included in the Terminal.
3.3. SEGMENTATION AND TARGETING
As part of Our Services, We may create groups of Users from the Browsing Data.
In accordance with article 9.1 of the GDPR, Numberly undertakes not to use, for segmentation and targeting purposes, Personal Data that may disclose racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, nor genetic, biometric and health data or data concerning the sexual life or sexual orientation.
Similarly, Numberly undertakes not to create segments for the purpose of targeting minors under 16 years old, in accordance with article 8.1 of the GDPR.
4. YOUR RIGHTS REGARDING THE USE OF YOUR BROWSING DATA
– Information from the User through this Charter and via Our Services and those of Our Partners
The registration of a Cookie in a Terminal is subject to the will of the Terminal’s User, which they may express and modify at any time through the choices offered thereto by their browser software or through the opposition tool made available by Numberly, in accordance with applicable regulations. To discover the options offered by Your browser software and the methods for deleting Cookie files stored in Your Terminal, depending on the browser(s) installed on Your Terminal, We invite You to consult the “Your traces” section of the CNIL website: https://www.cnil.fr/vos-libertes/vos-traces/les-cookies/
– To exercise all Your rights
In accordance with applicable regulations, You have the right of portability and the right to access, rectify, delete, limit and oppose the Processing by Numberly of Your Personal Data and Browsing Data and profiling of Your data.
You may exercise these rights at any time by contacting Numberly and the Data Protection Officer at the following address: email@example.com.
We will respond to Your requests within a maximum of one (1) month from receipt of Your request.
You also have the right to file a complaint with the CNIL, either online at https://www.cnil.fr or via post at CNIL – 3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07.
– Prior consent from the User
The User’s consent is valid for 13 months. At the end of this period, the information banner relating to Cookies will be displayed again to reobtain the User’s consent.
The same applies if the User clicks the link in the information banner to set Cookies and if necessary, refuses the storage of Cookies.
If You have accepted the registration of Cookies in Your Terminal within Your browser, the Cookies that We issue may be temporarily stored in a dedicated area of Your Terminal. In these cases, We may process Your Browsing Data as described above.
If, prior to Your visit to the Website, You used Your browser software to refuse the storage of Cookies in Your Terminal, Numberly Cookies will not be activated when You visit the Website.
If You used Your browser software to refuse the storage of Cookies in Your Terminal, or if You delete the Cookies that We have registered on Your Terminal, We will not be able (or will no longer be able) to process the Browsing Data described above and Your Browsing Data will no longer be registered by Our Services.
Or, by configuring Your browsing software: to find the options offered by your browsing software and the methods of accepting, refusing, reading or deleting Numberly Cookie files or those of their Providers, We invite you to read the following pages depending on the browsing software that You use:
- Internet Explorer 11:
- Mozilla Firefox:
- Microsoft Edge (Chromium):
- Microsoft Edge (legacy):
5. HOW LONG YOUR PERSONAL DATA WILL BE KEPT
We shall keep Your Personal Data only for the time required for the purposes for which they were collected or processed and in accordance with Our legal and regulatory obligations or those of Our Partners, when we act as Processor for the latter. We shall archive or delete Your Personal Data as soon as it is no longer necessary for the purposes for which they were collected and processed and, in any event, as soon as the justified or legal period of storage expires.
The table below summarises the maximum storage periods implemented by Numberly, according to the purposes for which Numberly may be required to process the Personal Data concerning You in their capacity as Data Controller, or according to the legal and regulatory obligations applicable thereto.
These maximum periods apply, unless You request deletion or oppose the use of Your Personal Data before the expiry of these periods, without prejudice to the legal or regulatory obligations that would apply to Numberly.
|Audience measurement and personalisation of electronic prospecting, cookie management||13 months|
|Promotional and loyalty operations, commercial prospecting||3 years from the last interaction initiated by the client or prospect|
|Management of requests for objection to promotional and loyalty operations or to commercial prospecting||3 years from the date on which the right to object is taken into account|
6. SHARING YOUR PERSONAL DATA
Your Personal Data is treated confidentially within the companies of Numberly, as well as with Partners and Service Providers located in and outside the European Union. In any case, any transfer of Personal Data outside of the European Union is governed by one of the mechanisms or one of the appropriate guarantees provided by applicable laws on Personal Data protection, including the GDPR.
Data might, as the case may be, be shared with Our Partners, in particular in the context of joint offers for products or services proposed by one or more Partners, for whom Numberly is one of the Processors, and in order to enable Us to provide Our Services to Our Partners when We act on their behalf, under their instructions and under their responsibility. In particular, Numberly has appropriate arrangements with Partners along the ads delivery chain, such as DSP (Appnexus, Google DoubleClick, etc.), or other technological vendor (LiveRamp, Adloox, Matomo, etc.)
We will not share, sell, rent or disclose Your Personal Data to anyone other than those specified above without Your prior consent when required by applicable regulations, nor without instructions from our Partners, when We act on their behalf as Processor.
We might, however, disclose certain Personal Data about You at the request of a competent administrative or judicial authority, in order to comply with Our legal and regulatory obligations or those of the Data Processors on whose behalf We act, where applicable, or to protect and defend Our rights and interests and/or prevent any abuse, abusive use or unauthorised use of Our Services.
We do our utmost to ensure that Your Personal Data is processed in complete security and confidentiality. Numberly has implemented appropriate technical and organisational measures to prevent the loss, misuse, alteration or deletion of or unauthorised access to Your Personal Data.
Only Our staff and those of Our Service Providers who must have access to Your Personal Data in order to perform a specific task or function for the purposes set out in this Charter are authorised to access this information. In addition, all Numberly personnel are bound by strict confidentiality obligations and are regularly trained in security.
8. INTELLECTUAL PROPERTY
The layout and all elements of the Website, including trademarks, logos and photographs, domain names and graphic elements, belong exclusively to Numberly and are protected by intellectual property laws.
The provisions of this Charter are also protected by copyright and are the exclusive property of Numberly. They may not be reproduced or used, in whole or in part, for the purposes of any professional activity other than journalism or legitimate public information, without Numberly’s prior written permission.
9. CHANGES TO THE CHARTER
We may amend this Charter at any time, in particular to comply with changes in Our legal and regulatory obligations or to incorporate changes to Our Services.