PRIVACY POLICY – GenTracker Smartphone Application

  1. INTRODUCTION 

The application GenTracker has by nature a professional purpose, it is therefore intended to be used only on a professional device (phone and/or tablet) (hereinafter the “phone”). However, because we are concerned about the protection of your personal data and given the fact that this application can be downloaded freely on any ANDROID or APPLE phone (or tablet), and therefore possibly on a personal phone, we wished to reinforce, within this Privacy Policy, our requirements as well as the definition of our commitments in terms of personal data protection. 

Within the framework of the installation and use of the application GenTracker and the corresponding services provided by CLS, we are therefore led to collect and process data considered as personal by the applicable standards and in particular the European regulation GDPR.  

The application is linked to the software solution offered by CLS, which consists of a SaaS platform accessible via the Internet, to which certain information collected by the application will be transmitted. 

The main purposes of this application are: 

  • Configuration and update of your beacons via a Bluetooth connection 
  • Visualization and management of your beacons on a map 

We undertake to collect only the data we need to provide you with the best possible service, to ensure its confidentiality and security, including when we use service providers, and to facilitate the exercise of your rights with regard to your data. 

We thus comply with all applicable provisions on the protection of privacy and personal data, in particular the amended Act of January 6th, 1978, relating to data processing, files and freedoms, as well as the EU Regulation 2016/679 of April 27th, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. 

This privacy policy describes the personal data we collect, how it is used and your rights in this regard. It applies to any user who accesses the application and uses the services offered on the application. 

We reserve the right to change this Privacy Policy at any time. The most current version of this policy governs our use of your information and will always be available on the App or upon request from CLS. 

If we make any material changes to this Privacy Policy, we will notify you via your email address. 

  1. DATA PROCESSOR IDENTITY 

COLLECTE LOCALISATION SATELLITES 

Simply joint stock company 

Parc Technologique du Canal, 11 rue Hermès, 31250 Ramonville-Saint-Agne 

Represented by Christophe VASSAL its President 

  

  1. COLLECTED DATA 

In the course of using our services and browsing our application, CLS collects several categories of data which are detailed below.  

These data come from: 

  • Information you provide to us when you register on our application, or when you exchange with CLS to subscribe to our services. 

This personal information is: 

  • Data allowing your identification (name, first name, email) 
  • Phone number 
  • Username and password 
  • Billing address 
  • Contract number 
  • Phone localisation data 

We ask for your permission to collect accurate location data from your cell phone on our application via the authorization system that your cell phone’s operating system uses. If you allow the collection of this data, you can later reverse your choice by changing the location settings on your cell phone. However, this will limit your ability to use certain features of our services. 

This localization is collected by CLS only in order to provide the mapping services and to enable Bluetooth operation. 

  • Navigation data and metadata 

In order to ensure the security of the application CLS collects and stores activity logs regarding the use of the application. 

The application also collects the IP address of your device for identification purposes. 

  • Device storage files 

As part of the operation of the application and associated services, we ask you for permission to access the storage spaces on your device so that the application can store information (as beacons logs) and so that it can read the information stored in memory (as saved configuration profiles). The application only has access to files that are strictly necessary for the operation of the services provided by the application. 

We do not process special categories of data (sensitive data) such as data listed in Article 9 of the GDPR that reveal racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, genetic data, biometric data, data concerning health or data concerning the sex life or sexual orientation of persons. 

  1. PURPOSES 

CLS processes your personal data for specific, legitimate purposes and solely for the purpose of operating the application and associated services (purposes of CLS web platform described in the preamble). 

In particular, this data is intended for: 

  • Creating and managing your user account; 
  • Use of our services; 
  • The transmission of data to the CLS web platform; 
  • Sending you relevant communications tailored to your needs directly related to the services of the application; 
  • Securing the application; 
  • Developing our services to offer you new features and adapt to your needs; 
  • Communicate with you; 
  • Respond to an injunction from the legal authorities and in particular to fight against fraud and more generally against any criminally reprehensible activity. 

Moreover, in order to manage our contractual relationship, please note that your personal data shall be transferred to our ERP (« Entreprise Resource Planning ») which is hosted in our servers in France. 

  1. LEGAL BASIS OF THE PROCESSING 

CLS processes most of your personal data as part of the contract you entered into when you registered on the application and as part of the contractualisation of the services offered by CLS. We may also process certain data about you on the basis of your consent, due to legal obligations or to meet our legitimate interest in processing it.  

  1. RECIPIENTS OR CATEGORIES OF RECIPIENTS  

CLS is the sole recipient of the personal data collected. 

We may also share certain information for legal purposes or in the event of litigation. 

We will retain or disclose your information if we believe it is reasonably necessary to satisfy any legal or regulatory obligation, legal process or administrative request, to protect the safety of any person, to address any fraudulent, security or technical issues, or to protect the rights or property of our users. 

CLS does not resell your data and will never pass on your personal data to any third party who may use it for their own purposes, including commercial and/or direct advertising purposes, without your express consent. Therefore, CLS does not disclose personal information outside the situations described in this privacy policy. 

  1. TRANSFER OF DATA OUTSIDE THE EU 

All our servers on which your data is stored and those of the service providers used to exchange and store this data are located in France. CLS therefore does not transfer any data outside the European Union.  

  1. DATA RETENTION PERIOD 

With respect to your user account data on the application: CLS will retain your information for as long as your account remains active, unless you request that it be deleted, or your account terminated. From the time of your request to close your account, CLS will retain the data for a maximum of 10 years. 

Regarding navigation data and metadata CLS will store this data for 9 days. 

  1. DATA SECURITY 

CLS has implemented appropriate technical and organizational measures to ensure the security, confidentiality, integrity and availability of the services and to protect data against destruction, loss, alteration, unauthorized disclosure of or access to personal data transmitted, stored or otherwise processed. 

CLS undertakes to use all available means to ensure the security and confidentiality of such data, in particular: 

  • We are using https technology; 
  • Access to your account is by means of a secure login and password; 
  • Access to personal data is strictly limited to those CLS employees or employees of CLS’ subcontractors who need to access it in order to process it on our behalf. These individuals are subject to strict confidentiality obligations. 
  1. YOUR RIGHTS 

In accordance with the regulations on personal data, you have a right: 

  • of access (article 15 of the GDPR), 
  • of rectification (article 16 of the GDPR), 
  • erasure (article 17 of the GDPR), 
  • limitation of processing (article 18 of the GDPR), 
  • of portability (article 20 of the GDPR), 
  • of opposition (article 21 and 22 of the GDPR), 

Access right 

You may obtain from CLS confirmation as to whether or not your data is being processed and, if so, access to your data and the following information: 

  • the purposes of the processing ; 
  • the categories of data; 
  • the recipients or categories of recipients to whom the data have been or will be disclosed; 
  • where possible, the period for which the data will be kept or, where this is not possible, the criteria used to determine this period 
  • the existence of the right to request from CLS the rectification or deletion of data, or a limitation of the processing of your data, or the right to object to such processing; 
  • the right to lodge a complaint with the CNIL; 
  • where the data is not collected from you, any available information as to its source; the existence of automated decision-making, including profiling, and, at least in such cases, useful information about the underlying logic, as well as the significance and intended consequences of such processing for you. 

Where data is transferred to a third country or to an international organization, you have the right to be informed of the appropriate safeguards with respect to such transfer. 

Your right to obtain a copy of your data must be reasonable and must not infringe the rights and freedoms of others. 

Right of rectification 

You have the right to obtain from CLS, as soon as possible, the rectification of data concerning you that are inaccurate. You also have the right to have incomplete data completed, including by providing an additional declaration. 

In order to make it as easy as possible for you to exercise this right, we invite you to make these changes and additions directly in your account. If you believe that other data concerning you should be modified or completed and you are unable to make this change yourself, we invite you to make the request directly to us by contacting us. 

Erasure rights 

You have the right to obtain from CLS the deletion of data concerning you as soon as possible if one of the following reasons applies: 

  • the data is no longer necessary for the purposes for which it was collected or otherwise processed by CLS; 
  • you have withdrawn your consent to the processing of the data and there is no other legal basis for the processing; 
  • you exercise your right to object under the conditions set out below and there is no compelling legitimate reason for the processing; 
  • the data has been processed unlawfully; 
  • the data must be deleted to comply with a legal obligation; 

Right to limitation 

You have the right to request CLS to restrict the processing of your data if one of the following reasons applies: 

  • CLS verifies the accuracy of the data following your objection to the accuracy of the data 
  • the processing is unlawful and you object to the deletion of the data and demand instead the restriction of their use; 
  • CLS no longer needs the data for the purpose of processing, but the data is still required by you for the establishment, exercise or defense of legal claims; 
  • You have objected to the processing under the conditions set out below and CLS will check whether the legitimate reasons for the processing outweigh the reasons you have stated. 

We remind you that CLS collects only data strictly necessary to the functioning of the application, so your possibility of limitation is very restricted, CLS can not make the application work properly without one of the categories of data defined above. 

Right to data portability 

To the extent possible and for data not deleted at the time of your request, you have the option of receiving your data from CLS in a structured, commonly used and machine-readable format. 

Your right to have your data transferred by CLS to a data controller designated by you is technically impossible in this context. 

Your right to data portability must not infringe on the rights and freedoms of others. 

 Right of opposition 

You have the right to object at any time, on grounds relating to your particular situation, to the processing of your data based on the legitimate interests of CLS. CLS will then no longer process the data, unless it can demonstrate compelling legitimate grounds for the processing which override your interests and rights and freedoms, or may retain the data for the establishment, exercise or defence of legal claims. 

This right to object is limited by the need for CLS to process some of your personal data for the operation of the application. Some requests for opposition may therefore make it impossible to provide the associated services.  

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Note that you do not need to pay a fee to access your personal data or exercise your rights. However, we may charge a reasonable fee if your request is manifestly unfounded, repetitive or excessive. 

We may also contact you to request additional information about your request in order to respond to you. Any answer will be brought to you within one month. Exceptionally, it would be possible for us to exceed this one-month period if your request was particularly complex. 

  1. RIGHT TO APPEAL TO A SUPERVISORY AUTHORITY 

The supervisory authority competent to deal with any request concerning us is the Commission Nationale de l’Informatique et des Libertés (CNIL). If you wish to contact the CNIL, you will find below the contact details: 

CNIL (COMMISSION NATIONALE DE L’INFORMATIQUE ET DES LIBERTÉS) 

3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07 

Tel. : 01 53 73 22 22 

Fax : 01 53 73 22 00 

 If you wish to file a complaint with the CNIL, you can fill out the online complaint form available at the following address: https://www.cnil.fr/fr/plaintes. 

If you have a question about your rights regarding data processing and liberties, you can consult the CNIL website: www.cnil.fr.