Privacy Policy

https://ginkio.com/

Last updated on 31/01/2020.

INTRODUCTION

This privacy policy informs you about how Ginkio uses and protects the information you provide to us, if applicable, when you use this site accessible from the following URL: www.ginkio.com (hereinafter the "Site"). Please note that this privacy policy may be modified or supplemented at any time by Ginkio, particularly to comply with any legal or technological developments. In such a case, the date of its update will be clearly identified at the top of this policy. These modifications are binding on the user as soon as they are posted online. Therefore, it is recommended that the user regularly consult this privacy policy to be aware of any possible modifications.

ARTICLE 1. PARTIES

This privacy policy is applicable between the publisher of the Site, hereinafter "Ginkio," and any person connecting to the Site, hereinafter the "Internet User."

ARTICLE 2. DEFINITIONS

"Site Content": elements of any kind published on the Site, protected or not by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases, or software. "Internet User": any person connecting to the Site. "Site": the website accessible at the URL www.ginkio.com, including sub-sites, mirror sites, portals, and variations of associated URLs.

ARTICLE 3. SCOPE

This privacy policy applies to any Internet User. Simply connecting and/or browsing the Site constitutes your full acceptance of this privacy policy. Moreover, clicking on "I accept" in the cookie information banner displayed on the Site constitutes your confirmation of this acceptance, while allowing you to customize the cookies that will or will not be applied. By doing so, you acknowledge having fully understood and accepted them without restriction.

The Internet User acknowledges the evidential value of Ginkio's automatic recording systems and, unless proven otherwise, waives the right to contest them in the event of a dispute. Acceptance of this privacy policy assumes that the Internet Users possess the legal capacity to do so or are at least 16 years old, or if not, that they have obtained permission from a guardian or legal representative if they are incapacitated, or from their legal representative if they are under 16 years old, or that they hold a mandate if acting on behalf of a legal entity.

ARTICLE 4. PERSONAL DATA

In accordance with the General Data Protection Regulation (GDPR) adopted by the European Parliament on April 14, 2016, and the applicable national legislation, Ginkio provides you with the following information:

4.1 Identity of the Data Controller

The person responsible for collecting and processing data on the Site is Ginkio, 41 rue Delizy, Les Diamants, Bâtiment B, 93692 Pantin Cedex, SIREN number: 834 214 074.

4.2 Identity of the Data Protection Officer

The Data Protection Officer of Ginkio is Etienne Deshoulières (contact@deshoulieresavocats.com).

4.3 Data Collection by Ginkio

4.3.1 Data Collected

4.3.1.1 Data collected during browsing

When browsing the Site, you consent to Ginkio collecting information related to: your use of the Site; the content you view and click on; the device used and its software environment; your connection data (times, pages viewed, IP address...); your demographic data; your location; the web pages visited before and after using the Site.

4.3.1.2 Data collected when using the contact form

Using the contact form requires the collection of the following personal data: name, first name, and email address. Internet Users who do not wish to provide the required information to use the contact form will not be able to send a message to Ginkio directly from the Site.

4.3.1.3 Data collected when using the recruiter registration form

Using the registration form as a recruiter requires the collection of the following personal data: name, first name, company name, postal address, email address, and phone number. Internet Users who do not wish to provide the required information to use the registration form as a recruiter will not be able to register directly from the Site.

4.3.1.4 Data collected when using the candidate registration form

Using the registration form as a candidate requires the collection of the following personal data: name, first name, email address, profession, city, profile photo, social networks, CV, education, and experience. Internet Users who do not wish to provide the required information to use the registration form as a candidate will not be able to register directly from the Site.

4.3.1.5 Data collected when using the newsletter form

In the context of using the newsletter form, Ginkio may collect and process your email address.

4.3.2 Purposes of Personal Data Collection

The data collected during browsing is subject to automated processing for the purpose of:

• developing, operating, improving, providing, and managing the Site;
• sending information and contacting the Internet User, including by email, phone, and push notification;
• sharing Site content with others or letting them know about your consultation or opinion via social media sharing buttons;
• contextualizing and improving the Internet User's experience;
• targeting advertising content, including by transmitting the IP address and URL of the visited pages to social networks;
• preventing any illegal or illicit activity;
• enforcing the terms and conditions for using the Site.

The data collected when using the contact form is subject to automated processing for the purpose of:

• providing a specific response to the Internet User;
• sending information and contacting the Internet User, including by email, phone, and push notification;
• targeting advertising content;
• preventing any illegal or illicit activity;
• enforcing the terms and conditions for using the Site.

The data collected when using the recruiter or candidate registration form is subject to automated processing for the purpose of:

• registering the Internet User;
• fulfilling contractual commitments;
• ensuring and improving the security of services;
• engaging in legal proceedings if necessary;
• verifying the identity of Internet Users;
• sending information and contacting the Internet User, including by email, phone, and push notification;
• contextualizing and improving the Internet User's experience;
• targeting advertising content;
• preventing any illegal or illicit activity;
• enforcing the terms and conditions for using the Site.

The data collected when using the newsletter form is subject to automated processing for the purpose of:

• sending newsletters to the Internet User.

4.3.3 Legal Bases for Processing

The data collected during browsing is based on Ginkio's legitimate interest in analyzing behaviors on the Site and improving the security and operation of the Site. Some of this data, such as that obtained from certain cookies, may be processed based on the individual's consent. The data collected when using the contact form is based on the individual's consent. The data collected when using the registration form is based on a contractual relationship. The data collected when using the newsletter form is based on the individual's consent.

4.3.4 Recipients of the Data

The collected data is only accessible to Ginkio's management team and is never made freely viewable by a third party.

4.3.5 Retention Period for Personal Data

The personal data collected during browsing is kept for a reasonable period necessary for the proper administration of the Site and for a maximum of 13 months, or until the consent of the data subjects is withdrawn.

The personal data collected when using the contact form is kept for a reasonable period necessary for managing the Internet User's request, and for a maximum of 12 months.

The data collected when using the registration form is kept for the duration of the contractual relationship between Ginkio and the Internet User, and for the duration during which Ginkio's liability may be engaged.

The data collected when using the newsletter form is kept until the consent of the data subjects is withdrawn.

After these retention periods, Ginkio commits to permanently deleting the data of the data subjects.

4.3.6 Security and Confidentiality of Personal Data

Personal data is stored securely, using current technological means, in compliance with the provisions of the General Data Protection Regulation and the applicable national legislation.

4.3.7 Minimization of Personal Data

Ginkio may also collect and process any data voluntarily submitted by an Internet User, particularly through the free-text field of the contact form. Ginkio will guide Internet Users as much as possible when they provide unnecessary or superfluous personal data.

Ginkio commits to retaining and processing only the data strictly necessary for its activities and will delete any unnecessary data as soon as possible.

4.4 Respect for Rights

You have the following rights regarding your personal data, which you can exercise by writing to us at our postal address or by sending an email to the following address: donneespersonnelles@ginkio.com.

4.4.1 Right to Information, Access, and Communication of Data

You have the right to access the personal data concerning you. Due to the obligation of security and confidentiality in the processing of personal data incumbent upon Ginkio, your request will only be processed if you provide proof of your identity, notably by submitting a scan of your valid ID (if requested via our electronic form) or a signed copy of your valid ID (if requested by mail), both accompanied by the statement, "I certify on my honor that the copy of this ID is in compliance with the original. Done at… on…", followed by your signature. To assist you in your request, you can find a model letter prepared by the CNIL (Commission Nationale de l'Informatique et des Libertés).

4.4.2 Right to Rectification, Deletion, and Right to be Forgotten

You can request the correction, updating, locking, or deletion of your personal data that may be inaccurate, incorrect, incomplete, or outdated. You can also define general and specific guidelines regarding the fate of your personal data after your death. In such a case, the heirs of a deceased person may require that the death of their relative be taken into account and/or necessary updates be made.

To assist you in your request, you can find a model letter prepared by the CNIL.

4.4.3 Right to Object to Data Processing

You have the right to object to the processing of your personal data. To do so, you must send an email to the following address: donneespersonnelles@ginkio.com. In this email, you must specify the data you wish to be deleted and the reasons justifying this request, except in the case of direct marketing.

4.4.4 Right to Data Portability

You have the right to receive the personal data you have provided to us in a transferable, open, and readable format.

4.4.5 Right to Restrict Processing

You have the right to request that Ginkio limits the processing of your personal data. Thus, your data may only be retained and no longer used by Ginkio.

4.4.6 Withdrawal of Consent

Your consent is essential for Ginkio to process your data. However, you may withdraw it at any time. This withdrawal will lead to the deletion of your personal data.

Services requiring the processing of your data by Ginkio will no longer be accessible after this withdrawal.

4.4.7 Response Time

Ginkio commits to responding to your access, correction, or objection requests or any other additional request for information within a reasonable timeframe, which shall not exceed 1 month from the receipt of your request.

4.4.8 Complaint to the Competent Authority

If you consider that Ginkio does not comply with its obligations regarding your personal data, you can file a complaint or request with the competent authority. In France, the competent authority is the CNIL, to which you can send a request here.

4.5 Transfer of Collected Data

4.5.1 Transfer to Partners

Ginkio informs you that we use authorized service providers to facilitate the collection and processing of the data you have provided. These service providers may be located outside the European Union and have access to the collected data. Ginkio has ensured that its service providers implement adequate safeguards and comply with strict confidentiality, use, and data protection standards, for example, via the US Privacy Shield.

This Site uses social media plugins (see table below). When a plugin is integrated into a page of the site, the social network logo appears on the page. When you visit a page of the Site containing a plugin, your IP address and the URL of the page visited on the Site are transmitted to the relevant social network.

The Internet User consents to the transfer of the collected data by Ginkio to its partners and that these partners process this data as part of their third-party services, as follows:

List of Partners
Partner	Role	Recipient Country	Processing Performed	Guarantees
OVH	Processor	France	Web hosting	https://ovhcloud.com/legal/privacy-policy
Gmail	Processor and Co-controller	USA (Privacy Shield)	Email service	https://policies.google.com/privacy?hl=fr
GoogleDrive	Processor and Co-controller	USA (Privacy Shield)	Cloud storage service	https://policies.google.com/privacy?hl=fr
GoogleAnalytics	Processor and Co-controller	USA (Privacy Shield)	Generating commercial statistics to create reports on Internet User interactions	https://policies.google.com/privacy
Sendinblue	Processor	France	Marketing solution for sending emails and SMS	https://fr.sendinblue.com/legal/privacypolicy/
Ausha	Processor	France	Podcast management solution	https://fr.ausha.co/cgu
Stripe	Processor	USA (Privacy Shield)	Web payment software	https://stripe.com/fr/privacy
Typform	Processor	Spain	Web questionnaire and form services	https://admin.typeform.com/to/dwk6gt/
Eventbrite	Processor	USA (Privacy Shield)	Event management and ticketing services	https://www.eventbrite.fr/support/articles/fr/Troubleshooting/politiquede-confidentialite-d-eventbrite?lg=fr
Qonto	Processor	France	Cloud accounting management software	https://support.qonto.eu/hc/fr/articles/115001654829-Politique-de-Confidentialit%C3%A9
Happyscribe	Processor	Ireland	Tool for converting audio and video files into text	https://www.happyscribe.co/privacy?locale=fr
Hootsuite	Processor	Canada	Social media management tool	https://hootsuite.com/fr/legal/privacy
Hotjar	Processor	Malta	Generating commercial statistics to create reports on Internet User interactions	https://www.hotjar.com/privacy/gdpr-compliance
Facebook Ads manager	Processor and Co-controller	USA (Privacy Shield)	Conducting direct marketing activities	https://www.facebook.com/privacy/explanation
Facebook	Co-controller	USA (Privacy Shield)	Managing opinions about products, services, or content	https://www.facebook.com/policy.php
Twitter	Co-controller	USA (Privacy Shield)	Managing opinions about products, services, or content	https://twitter.com/fr/privacy
Twitter Ads	Processor and Co-controller	USA (Privacy Shield)	Conducting direct marketing activities	https://twitter.com/fr/privacy
Linkedin	Co-controller	USA (Privacy Shield)	Managing opinions about products, services, or content	https://www.linkedin.com/legal/privacy-policy
Youtube	Co-controller	USA (Privacy Shield)	Video hosting	https://policies.google.com/privacy?hl=fr&gl=fr
LaurieLejeune	Processor	France	Provider responsible for communication and marketing	See contractual clause
Instagram	Co-controller	USA (Privacy Shield)	Managing opinions about products, services, or content	https://help.instagram.com/519522125107875

4.5.2 Transfer on Request or Judicial Decision

The Internet User also consents to Ginkio communicating the collected data to any person, upon request from a state authority or a judicial decision.

4.5.3 Transfer in the Event of a Merger or Acquisition

If Ginkio is involved in a merger, asset sale, financing operation, liquidation, or bankruptcy, or in an acquisition of all or part of its business by another company, the Internet User consents to the data collected being transferred by Ginkio to this company, which will take over the data processing operations referred to in this privacy policy in place of Ginkio.

ARTICLE 5. INTELLECTUAL PROPERTY

5.1 Legal Protection of Site Content

The Site's content is likely to be protected by copyright and database rights. Any representation, reproduction, translation, adaptation, or transformation, in whole or in part, performed illegally and without the consent of Ginkio or its rights holders or assigns constitutes a violation of the Books I and III of the Intellectual Property Code and may lead to legal action for counterfeiting.

5.2 Contractual Protection of Site Content

The Internet User contractually agrees to Ginkio not to use, reproduce, or represent, in any way, the Site's content, whether or not protected by intellectual property rights, for any purpose other than reading it via a robot or a browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Site for indexing purposes.

ARTICLE 6. FINAL PROVISIONS

6.1 Amendments

This Privacy Policy may be amended at any time by Ginkio. The terms applicable to the Internet User are those in effect at the time of their connection to the Site, with any new connection to the Site possibly implying acceptance of the new terms.

6.2 Entirety

The invalidity of one of the clauses of this agreement shall not result in the invalidity of the other clauses of the contract or of the contract as a whole, which will retain their full effect and scope. In such a case, the parties shall, to the extent possible, replace the invalidated clause with a valid clause corresponding to the spirit and purpose of these terms.

6.3 Non-waiver

The failure of Ginkio to exercise the rights conferred by these terms shall not in any case be interpreted as a waiver of said rights.

6.4 Languages

These terms are offered in French.

6.5 Unfair Terms

The provisions of these terms are subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.