Confidentiality Policy of the Service

Preamble

The Service Provider is concerned to respect the privacy and personal data of Service Users. In this respect, the objective of the Confidentiality Policy, which forms an integral part of the General Terms and Conditions of Use of the Service, is to inform Users on the use of personal data collected in the scope of the Service and Users' rights over their personal data.

In this respect, the User declares that he/she is aware that the Service is provided on a SaaS basis and that the Service Provider is bound by the contract entered into with Heewoz (public limited company [société anonyme] with capital of €81,171, registered in Luxembourg under number B 196285, whose registered office is located at 49 Boulevard Prince Henri, L-1724 Luxembourg) and the contracts entered into by Heewoz with the technical operators required to provide the Service.

The Service Provider is a SA with capital of 81 171 €, registered on Luxembourg Trade and Companies Register under number B 196285, whose registered office is located at 49 bd prince Henri L-1724 Luxembourg.

In accordance with Law no. 78-17 of 6 January 1978 on personal data processing and Decree no. 2011-219 of 25 February 2011 on data retention and communication enabling the identification of any individual who contributed to the creation of online content, Heewoz and the Service Provider collect Service Users' personal data in order to ensure the proper functioning of the Service.

By accessing the Service Provider's website in order to use the Service, the User accepts the collection and processing of his/her personal data by Heewoz and the Service Provider by ticking the box "I accept this Confidentiality Policy", which appears in a dedicated window.

ARTICLE 1. GENERAL CONFIDENTIALITY POLICY

1.	PURPOSE OF THE CONFIDENTIALITY POLICY

The purpose of this Confidentiality Policy is to stipulate the rights and obligations of Heewoz, the Service Provider and the Users with regard to Service Users' personal data collection.

2.	DATA CONTROLLERS

The Service is provided on a SaaS ("Software as a Service") basis so that Heewoz and the Service Provider have collectively defined the purposes and means of processing of the Service Users' personal data. In other words, Heewoz and the Service Provider are the joint data controllers of the Service Users' personal data processing.

Heewoz SA is located at 49 Boulevard Prince Henri, L-1724 Luxembourg and represented by Olivier Chatillon 


 
3.	UPDATES TO THE CONFIDENTIALITY POLICY

Heewoz may update this Confidentiality Policy in accordance with changes in laws and regulations.

The Service Provider shall inform Users regarding updates to its Confidentiality Policy, which shall take effect for each of the Service Users on the date on which each User accepts the new Confidentiality Policy.

Users who do not accept the new terms and conditions of the new Confidentiality Policy will not be able to access or use the Service.


ARTICLE 2. CONFIDENTIALITY POLICY RELATING TO HEEWOZ

1.	RECIPIENTS OF THE USERS' PERSONAL DATA PROCESSING

The recipients of the personal data processing carried out by Heewoz are the hosting service "Amazon web service" and its business prospects.

2.	PURPOSE OF THE USERS' PERSONAL DATA PROCESSING

Heewoz collects Service Users' personal data in order to enable the Service Provider to ensure Users access and use of the Service. In other words, Heewoz collects Users' personal data so that they can download their Content onto the Service in order to obtain a Film.

Heewoz collects Users' personal data in order to carry out research and development studies enabling it to improve the Service and the Klap solution.

Heewoz also collects Users' personal data for the purpose of new business development by third parties.

3.	PERSONAL DATA COLLECTED

On using the Service, Users disclose personal data to Heewoz which Heewoz collects in accordance with the provisions of Law no. 78-17 of 6 January 1978 on personal data processing.

In this respect, Heewoz collects the last names, first names, e-mail address, Content, i.e., Users' photographs and videos and Users' Films, which will be stored on its subcontractors' servers.

4.	SECURITY OF USERS' PERSONAL DATA

Heewoz uses its best endeavours to ensure the security and confidentiality of Users' personal data, inter alia by entering into hosting contracts with internationally reputable companies.
In other words, Heewoz complies with the laws and regulations in force in France and the European Union on the protection of personal data and has a secure IT system with secure software and hardware.

 
5.	PERSONAL DATA ASSIGNMENT/USER LICENCE

By ticking the box "I accept this Confidentiality Policy", Klap Service Users represent that they have read this Confidentiality Policy. In this respect, firstly, Users confirm that they have been informed that their personal data may be assigned and/or be the subject of a user licence and, secondly, Users accept that their personal data be assigned and/or be the subject of a user licence for the purpose of new business development.

Thus, Users accept that Heewoz, for the purpose of new business development, assigns their personal data and/or their personal data is the subject of a user licence in Member States of the European Union and/or Third Countries to the European Union.

6.	SUBCONTRACTING AND PERSONAL DATA TRANSFERS

For the purpose of the Service, Heewoz subcontracts Users' personal data processing to "Amazon web service".
In this respect, Heewoz transfers Users' Content to "Amazon web service". This transfer enables Klap to edit Users' Content in order to generate Films and enables Heewoz to store Users' Films.
Therefore, Users' personal data is transferred to the servers of "Amazon web service" located in Member States of the European Union and Third Countries to the European Union.

In accordance with the provisions of Law no. 78-17 of 6 January 1978 on personal data processing and, inter alia, Article 69 thereof, Heewoz is under no obligation to transfer said data to States ensuring an adequate level of protection of individual privacy, freedoms and fundamental rights since said transfer is carried out in compliance with the services contract in the Users' interest.

7.	PERSONAL DATA RETENTION DURATION

Heewoz retains Users' personal data in accordance with the provisions of Law no. 78-17 of 6 January 1978 on personal data processing

Heewoz retains Users' Content and Films for a period of 5 years. Said personal data shall be deleted within a period of 6 months with effect from the fifth year ended.

8.	USERS' RIGHTS AND OBLIGATIONS OVER THEIR PERSONAL DATA

Users have the right to object to their personal data processing, at no cost, with regard to new business development carried out by Heewoz, without being required to justify valid grounds.

Users have a right to consult, correct and update, lock and delete, and object based on valid grounds to their personal data.
In order to exercise these rights, Users must send a request to Heewoz attaching proof of identity. Users' requests must be clear and understandable to this effect in order to enable Heewoz to reply to their requests. Before replying to Users' requests, Heewoz may ask Users to provide proof of identity.
Heewoz may object to Users' improper requests to consult, correct and update, lock and delete their personal data, in particular given the volume, repetitive or systematic nature thereof.

Users may request a copy of their personal data collected by Heewoz. Users must send a request to Heewoz attaching proof of identity. Users' requests must be clear and understandable to this effect in order to enable Heewoz to reply to their requests. Before replying to Users' requests, Heewoz may ask Users to provide proof of identity.
Heewoz may object to Users' improper requests to consult, correct and update, lock and delete their personal data, in particular given the volume, repetitive or systematic nature thereof.

Users' rights will be extinguished on their death. However, Users may give a trusted third party general instructions relating to retention, deletion and communication of his/her personal data after his/her death.

The User is informed that the exercise of his/her rights may prevent the functioning of the Service.

9.	CONTACT

Users should contact Heewoz at the following address regarding any questions or requests relating to this Confidentiality Policy:

Société Heewoz SA
49 boulevard prince Henri
L-1724 Luxembourg
hello@getklap.com

ARTICLE 3. CONFIDENTIALITY POLICY RELATING TO THE SERVICE PROVIDER

1.	RECIPIENT OF THE USERS' PERSONAL DATA PROCESSING

The recipient of the personal data processing carried out by the Service Provider is Heewoz.

2.	PURPOSE OF THE USERS' PERSONAL DATA PROCESSING

The Service Provider collects Users' personal data in order to enable them to access and use the Service. In other words, the Service Provider collects Users' personal data so that they can access the Service Provider's website and download their Content onto said website in order to obtain a Film.

The Service Provider collects Users' personal data, inter alia Films, in order to promote itself and publish commercial materials on the Internet and social networks.

3.	SECURITY OF THE PERSONAL DATA

The Service Provider offering the Service via its website shall use its best endeavours to ensure the security and confidentiality of Users' personal connection data.
In other words, the Service Provider complies with the laws and regulations in force in France and the European Union on the protection of personal data and ensures secure access and use of their websites.

However, Users warrant to the Service Provider that they ensure the security and confidentiality of their personal data. In this respect, Users warrant, firstly, that they will refrain from disclosing their e-mail address, password and any other data enabling access to the Service and, secondly, that they use secure software and hardware when they access and use the Klap Service.
Therefore, the Service Provider shall not be held liable for any fraudulent intrusion in Service Users' IT systems, which causes theft, loss, alteration, damage and fraudulent use of Users' personal data.

4.	PERSONAL DATA COLLECTED

a.	USERS' AUTOMATICALLY COLLECTED PERSONAL DATA

When Users connect to the Service Provider's websites and accordingly access and use the Service, the Service Provider collects Users' connection data such as the IP address or type of device used to connect.

b.	PERSONAL DATA DISCLOSED BY USERS
i.	ON ACCESSING THE SERVICE

On accessing the Service, Users disclose personal data to the Service Provider which the Service Provider collects in accordance with the provisions of Law no. 78-17 of 6 January 1978 on personal data processing.

In this respect, the Service Provider collects Users' last names, first names and e-mail address.

ii.	ON USING THE SERVICE

On using the Service, Users disclose personal data to the Service Provider which the Service Provider collects in accordance with the provisions of Law no. 78-17 of 6 January 1978 on personal data processing.

In this respect, the Service Provider collects Content, i.e., Users' photographs and videos and their Films.

5.	USERS' PERSONAL DATA TRANSFERS

For the purpose of the Service, the Service Provider transfers Users' personal data to Heewoz incorporated in Luxembourg. This country is a Member State of the European Union providing personal data protection in accordance with the amended Act of 2 August 2002 on the protection of individuals with regard to the processing of personal data transposing into national law Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995.

6.	PERSONAL DATA RETENTION PERIOD

The Service Provider retains Users' connection data for the period required to access and use the Service.

The Service Provider retains Users' personal data relating to access to the Service for a period of 5 years. Said personal data shall be deleted within a period of 6 months with effect from the fifth year ended. 

 
7.	USERS' RIGHTS AND OBLIGATIONS

Users have the right to object to their personal data processing, at no cost, with regard to new business development carried out by the Service Provider, without being required to justify valid grounds.

Users have a right to consult, correct and update, lock and delete, and object based on valid grounds to their personal data.
In order to exercise these rights, Users must send a request to the Service Provider attaching proof of identity. Users' requests must be clear and understandable to this effect in order to enable the Service Provider to reply to their requests. Before replying to Users' requests, the Service Provider may ask Users to provide proof of identity.
The Service Provider may object to Users' improper requests to consult, correct and update, lock and delete their personal data, in particular given the volume, repetitive or systematic nature thereof.

Users may request a copy of their personal data collected by the Service Provider. Users must send a request to the Service Provider attaching proof of identity. Users' requests must be clear and understandable to this effect in order to enable the Service Provider to reply to their requests. Before replying to Users' requests, the Service Provider may ask Users to provide proof of identity.
The Service Provider may object to Users' improper requests to consult, correct and update, lock and delete their personal data, in particular given the volume, repetitive or systematic nature thereof.

Users' rights will be extinguished on their death. However, Users may give a trusted third party general instructions relating to retention, deletion and communication of their personal data after their death.

The User is informed that the exercise of his/her rights may prevent the functioning of the Service.


8.	USE OF COOKIES

A cookie is a small text file automatically stored on Users' computers when they access and use the Service. A cookie does not enable Users to be identified but is used to record information about Users' browsing with regard to access and use of the Service. A cookie may also be used to customise the presentation of the Service, during access and use of the Service.

By ticking the box contained in the banner which is displayed when Users access the Service Provider's website for the first time, Users accept that one or more cookies is/are stored on their computers, enabling information to be saved regarding the language used and also accept that the Service Provider subsequently accesses the data stored accordingly. Said retention or accessing information constitutes personal data processing with a view to achieving the aforementioned purposes.

Users may withdraw consent for cookies at any time and at no cost, by exercising their objection right by notifying the Service Provider.

Users can manage cookies to a certain extent and object to them being used by changing their browser settings to prevent cookies being stored on their hardware. Most Internet browsers give the option to delete cookies from the computer hard drive, block all cookies or generate a warning before a cookie is installed. For further information about these features, Users may refer to their browser instructions or help screen.

Users accept that some of the Service's features and programmes may become unavailable when cookies are deleted or blocked.

The time limit on cookie storage may not exceed 13 months. In other words, after cookies are stored on Users' hardware, the cookies shall expire within a time limit of 13 months.

9.	CONTACT

Users should contact the Service Provider at the following address regarding any questions or requests relating to this Confidentiality Policy:

HEEWOZ SA
49 bd prince Henri
L-1724 Luxembourg
hello@getklap.com