Privacy and Cookie Policy

WEBSITE PRIVACY AND COOKIE POLICY

 

Version dated October 01, 2023

 

 

1. PURPOSE

Protecting your Personal Data is a priority for FLUIDION.

We undertake that your data collected and processed exclusively in the context of our activity and/or from our website www.fluidion.com shall be collected and processed pursuant to the applicable regulations, in particular the European General Data Protection Regulation (GDPR).

In this regard, this Privacy Policy is intended to inform you about the terms for the collection, processing and use our your Personal Data on the www.fluidion.com website, and your rights under the regulations regarding the protection of Personal Data.

The Privacy Policy applies with no restrictions or reservations to all of the www.fluidion.com website and completes the General Terms and Conditions of Use available on said website. It is available at any time on the Website by a direct and permanent link.

 

2. DEFINITIONS

The following terms and expressions, when preceded by a capital letter, are defined, for the purposes of the interpretation and implementation of this Privacy Policy, as follows:

"Personal Data"	Means as defined by Article 4.1 of the GDPR, any data that can be used to directly or indirectly identify a natural person, in particular by reference to an identifier such as a name or an identification number. Conversely, data relating to the identification of a legal person are not Personal Data as defined by Article 4.1 of the GDPR.
"Privacy Policy"	Means this privacy policy, which is available on the Website and which governs the conditions under which the Personal Data of Users are collected and processed by the Data Controller.
"Regulations applicable to the protection of Personal Data"	Means the General Data Protection Regulation of 27 April 2016 ("GDPR").
“Data Controller”	Means the legal person who alone determines the purposes and means of the processing. In the context of the Privacy Policy, the Data Controller is FLUIDION of which the full identity is specified in Article 3 of the Privacy Policy.
"Services"	Means the services offered by FLUIDION on its Website. The Services are in particular: the presentation of the achievements/creations of FLUIDION.
"Website"	Refers to the website that is available at www.fluidion.com or any other URL that may be added or used as a substitute.
"Processing"	Means any operation or set of operations which are performed upon Personal Data or sets of Personal Data, whether by automated means or otherwise, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, communication by transmission, distribution or any other form of provision, alignment or combination, restriction of processing, erasure or destruction.
"User(s)"	Means the natural person users of the Services offered by FLUIDION on its Website.
"Prospective User(s)"	Means any natural person who wishes to obtain information and/or request services from FLUIDION by means of the contact form on the Website.

 

 

3. IDENTITY OF THE DATA CONTROLLER

The Data Controller with regard to the Services is:

FLUIDION

231 Rue St. Honore

75001 Paris, France

 

And/Or

 

FLUIDION US Inc.

525 S Hewitt St / LACI

Los Angeles, CA 90013, USA

 

4. COLLECTION AND PROCESSING OF PERSONAL DATA

Through its Services and its Website, the Data Controller may collect and process the following Personal Data from Users: first and last names, and email address.

 

The Data Controller undertakes that Users' Personal Data shall always be collected in an honest and transparent manner. Every User is informed of the existence and conditions for this collection and, where applicable, the Data Controller shall obtain their consent.

 

5. PURPOSES AND LEGAL BASES

The Data Controller collects and processes Users' Personal Data for the following purposes and on the following legal bases:

Purposes	Legal bases
Managing Prospective Users	Performing a contract (pre-contractual measures)
Gathering statistics on the use of the Website	Legitimate interest
Allowing for and improving the use of the Website	Legitimate interest
Managing requests relating to the exercising of rights	Complying with a legal obligation

6. STORAGE PERIOD OF PERSONAL DATA

The Data Controller only keeps the Users' Personal Data for the period strictly necessary for the operations for which they were collected pursuant to the applicable regulations on the protection of Personal Data and data are not kept beyond the duration necessary for the purposes of the processing in question.

Depending on the purposes of each of the defined types of processing, Users' Personal Data shall be kept for a maximum period of:

­   Three (3) years after the last contact with you for promotional information.

 

7. RECIPIENTS OF THE DATA

The Personal Data collected are intended for the Data Controller's in-house department with the exclusive aim of providing the Services to Users.

Anybody at FLUIDION that may have cause to access Users' Personal Data are bound by a confidentiality obligation.

Users' Personal Data shall not be communicated to third parties, with the exception of the Data Controller's technical service providers, including in particular:

­   Google Analytics

­   MailChimp

 

8. DATA SECURITY AND PLACE OF STORAGE

The Data Controller implements appropriate technical and organisational measures to protect Users' Personal Data against accidental or illegal destruction, loss, alteration, distribution or unauthorised access, and to maintain the confidentiality of the data collected.

In this context, the Personal Data are hosted in the territory of the European Union and none of the Personal Data are subject to a transfer outside the European Union.

The Data Controller cannot guarantee the absolute security of Personal Data. In the event that the Data Controller becomes aware of a security breach, namely, a loss of availability, integrity or confidentiality of Personal Data, of an accidental or illegal nature, the Data Controller undertakes to inform the French Data Protection Authority (the CNIL) and, where applicable, to inform Users, pursuant to its obligations under the Regulations applicable to the protection of Personal Data.

The Data Controller implements an incident notification procedure documenting:

(i)              The nature of the breach;

(ii)            If possible, the categories and approximate number of data subjects affected by the breach;

(iii)           The categories and approximate number of Personal Data records affected;

(iv)           The likely consequences of the data breach;

(v)            The measures taken or planned to avoid a repetition of the incident;

(vi)           The measures taken to limit any negative consequences.

 

 

 

 

9. RIGHTS OF DATA SUBJECTS

Under the Regulations applicable to the protection of Personal Data, Users have the following rights: 

User's Rights	Conditions for exercising the rights	Processing in question
Right of access	Users have a right to request confirmation of whether their Personal Data are processed or otherwise, and, where applicable, to ask for access to their Personal Data.	Any processing of Personal Data
Right to rectification	Users have the right to request the correction of any erroneous Personal Data.	Any processing of Personal Data
Right or restriction	Users have the right to ask FLUIDION to restrict the processing of their Personal Data under certain circumstances: -      if they dispute the accuracy of the Personal Data during the period in which they can verify the accuracy thereof; -      if they consider that FLUIDION is processing their Personal Data illegally and they request a restriction of their use rather than deletion; -      If FLUIDION no longer requires their Personal Data for the purposes referred to in paragraph 5 but they are still needed for recognising, exercising or defending their rights in the courts; -      If Users wish to exercise their right to object during the verification period to know if the legitimate reasons of FLUIDION prevail over the rights of the Users.	Processing based on Users' consent, on the performance of the contract and the legitimate interest of FLUIDION.
Right to deletion	Users have the right to ask an organisation to erase their Personal Data in the following cases: -      Their Personal Data are used for marketing purposes; -      The Data are no longer required for the purposes for which they were initially collected or processed; -      If they withdraw their consent or object to the processing of their Personal Data; -      Their Personal Data are subject to illegal processing; -      Their Personal Data must be erased to comply with a legal obligation. In the event of a request to delete their Personal Data, FLUIDION may nevertheless keep them in the form of intermediary archiving for the period required to fulfil legal, accounting and fiscal obligations.	Processing based on Users' consent, on the performance of the contract and the legitimate interest of FLUIDION.
Right to object	Users have the right to exercise their right to object to data processing for marketing purposes. If Users are subject to email marketing, they can click on the "Unsubscribe" hyperlinks in each newsletter.	Processing based on a legitimate interest of FLUIDION
Right to portability	In some situations, Users have the right to receive the Personal Data from FLUIDION, in a structured format that is standard and machine readable, and to provide such information to a third party unhindered.	Processing based on performing the contract
Right to withdraw consent	The withdrawal of a User's consent does not affect the lawfulness of the processing based on the consent granted before its withdrawal.	Processing based on Users' consent
Right to dictate how Personal Data is handled after death	Users have the right to give specific and general instructions on how their Personal Data is handled after their death with regard to the conservation, deletion and communication of their Personal Data. If no instructions are provided, their successors can contact FLUIDION to access the processes for organising and settling the estate of the deceased. In any event, Users can indicate to FLUIDION, at any time, that they do not wish their Personal Data to be sent to a third party in the event of their demise.	Any processing of Users' Personal Data
Right to complain	Users may, at any time, file a complaint with the competent data protection authority, namely the CNIL (www.cnil.fr)	Any processing of Users' Personal Data
Right not to be subject to a decision based exclusively on an automated processing	Users have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.	Any processing of Users' Personal Data

The Data Controller shall send a response within no more than one (1) month after the date on which a User's request is received. This may be extended by two (2) additional months in view of the complexity and number of requests.

To exercise their rights, Users are invited to make a request with proof of identity, specifying the subject of their request:

-        By e-mail to the following address: [email protected]

-        By traditional mail to the following address: 231 Rue St Honore, 75001 Paris, France

10. COOKIES

A cookie is a small text file, which is often encrypted, which is stored in the internet browser. When a Website is visited, it sends information to the browser that then creates a text file on the receiving terminal (PC, telephone, tablet computer, or any other device), and which contains information about the visit on the Website. Cookies are needed to facilitate browsing.

The cookies used by the Website make it possible to personalise the content of the Website to optimise the User experience (technical browsing cookies). They make it possible to analyse the traffic (audience measuring cookies) or allow for targeted advertising (advertising cookies).

Users can accept or refuse cookies that are not necessary for the operation of the Website using the cookie banner on the Website.

Users can configure the cookies saved on their terminal using the configuration tool of their browser so that they are accepted and saved on their terminal or conversely so that they are refused:

Google Chrome	Internet Explorer	Firefox	Safari
At the top right, click More Settings. Under "Privacy and security," click Cookies and other site data. Select an option: Allow all cookies. Block all cookies (not recommended). Block third party cookies in Incognito. Block third-party cookies.	In Internet Explorer, click on the Tools button > Internet Options. Point to Safety, and then select Delete browsing history. Select and delete the files that have the prefix "Cookie" and "FLUIDION".	In Tools > Options > Privacy & Security > Manage Data. Select and delete the files that include the name "FLUIDION".	In the browser go to Preferences > Privacy, and then click the "Manage Website Data…" button. Select the cookies that include the name "FLUIDION" and click on "Delete" or "Delete all". After deleting the cookies, click on "Done".

Any configuration that a User may apply to their browser and the refusal of cookies may modify the browsing and their conditions for using some functions.

The cookies that the Data Controller collects are kept for a period of 6 months, with the exception of audience measurement cookies that do not require consent, which are kept for no longer than 13 months.

11. NEWSLETTER

Depending on the choices they make, Users may receive emails from FLUIDION.

If a User does not wish to receive information from FLUIDION, they can refuse these messages by clicking on the unsubscribe link provided for this purpose in all the electronic communications sent by FLUIDION.

12. AMENDMENTS TO THE PRIVACY POLICY

The Privacy Policy may be amended at any time, in particular to ensure its compliance with legislative and regulatory developments.

If necessary, Users shall be informed and/or asked to accept such changes by means of the www.fluidion.com website.

Users' Personal Data are collected and processed according to the Confidentiality Policy in force at the time when they are collected, unless an essential legal requirement provides otherwise with retroactive application.

The Data Controller advises Users to consult the Privacy Policy whenever they visit the www.fluidion.com website to be aware of any modifications or updates made to this Privacy Policy.

 

13. CONTACT DETAILS

If a User has any doubts or questions about the confidentiality and use of Personal Data by the Data Controller through the Services, they may send a query to the following address: [email protected]