Privacy and Personal Data Policy

We ask you to carefully read this Privacy Policy to understand how your personal data is collected, processed and stored when you use the OuiLive Application (hereinafter ‘the Application’). According to this privacy policy, the controller of the collection of personal data is the company OuiGroup, simplified joint stock company with capital of €13500, registered with the Paris Trade and Companies Register under number 889219234, whose head office is located at 23-23 rue de Prony 75017 Paris (hereinafter ‘OuiGroup’, ‘we’, ‘our’ and ‘us’).\nWhen you use our Application by connecting to a dedicated area on the Application via a code provided by the Challenge organizer, your personal data will be processed by OuiGroup, acting as the controller.\nWe invite you to also refer to the organizer’s applicable privacy policies and regulations in order to understand how this organizer processes your personal data and collects it via the Application offered by OuiGroup.\nWe can be reached at the following e-mail address for any complaint or question regarding this privacy policy: confidentiality@ouilive.co

  1. When can we collect your personal data?

We receive and process a certain amount of information, which may include personal data about you when you access and use the Application, especially when completing any application form or when you register or when you update your user account information.

  1. What personal data do we collect?

    a) User data

    When you register on the Application, you will be asked to enter some personal data (first name, last name, email address, profile picture) necessary to create your user account and to identify you when using the Application.

    b) Connection data

    When you connect to the Application, we collect your login data, ie information that is automatically recorded by our servers when you access the Application (session time, operating system, geographic zone, phone model, number of launch and openings of the Application) or when you use it, whether or not you are registered as a member of the Application.

    c) Data collected directly for the Challenge organizer during the use of the Application

    During your use of the Application, you will be able to share with other users some data concerning you such as data on your physical activity and traveling performance, particularly in the context of the connected step Challenge(s) in which you decide to participate via the Application.\nSome challenges also involve taking or sending photos and/or videos to the OuiLive database in order to accomplish objectives related to the same challenges. These photos/videos can be viewed by OuiLive teams for verification and moderation purposes. You have the choice to display or hide these photos/videos to the other participants of the Challenge.

    d) Using third-party applications during a OuiLive Challenge

    Some phones do not have the sensor necessary for the proper operation of the Application. In order to be compatible with all mobile media, OuiGroup offers an API (application programming interface) with some third-party applications such as Fit, Fitbit, Garmin Connect, HUAWEI Health Kit or Apple Health to recover your physical activity data. OuiLive allows you to use these applications to count your steps and distance using their logic and services.\nWhen using those API, OuiLive only collects your steps and distance recorded on these applications during the Challenge. We therefore invite you to read the privacy policy and general terms of use specific these services if you intend to use them.
  1. For what purposes and legal bases do we collect your personal data?

We collect, process and store your personal data for the following purposes:\n- When you use the Application and create a user account, the personal data about you will be processed and stored to allow the creation of your user account, in accordance with the commitments of our terms of use. The processing of your personal data is thus necessary to the execution of the contract of use made with OuiGroup when you decide to use our Application.\n- As part of the good administration of the Application, we can also collect your personal data in order to send you emails concerning your registration on the Application, newsletters, technical notifications, updates, security alerts. The processing of your personal data is thus also necessary for the execution of your service contract but also based on our legitimate interest in administering our Application.\n- As part of the improvement of our Application, we can also collect your login data in order to process it and improve the user experience and general ergonomics of our Application. The processing of your personal data is thus based on our legitimate interest in improving the ergonomics and user experience on our Application.\n- We also process your image (photographs and videos taken during challenges) as well as data relating to your physical activity and your performance in the Challenges in which you participate. This data is processed to enable you to participate in the challenges organised via the Application. The processing of this data is based on your specific consent to the collection of such data by OuiGroup. Where such data is otherwise collected by the organisation responsible for the challenge concerned, we will only process such data on the instructions of and as a subcontractor to that organisation. You should therefore refer to the privacy policies applicable within that organisation to understand more precisely the purposes and legal basis for which your organisation processes personal data about you and collects it via our Application.

 

  1. Who can access your personal data?

Your personal data will only be accessible to authorized personnel of OuiGroup and for the purposes strictly necessary for their respective missions.\nWe may also share your personal data in the following situations:\n-Your personal data may be transmitted to our host located in Europe, allowing us to provide access to the Application in accordance with the contractual conditions signed with this host and can not derogate from the terms of this privacy policy.\n- Your personal data can also be transfered to our technical providers, including our error report analysis providers on the Application, as well as our email routing and push notification service providers.\n-These providers are located in the United States, a country not recognised by the European Commission as having an adequate level of protection with regard to the protection of personal data. However, we took care to verify that these providers respect the confidentiality of your personal data and signed with them the standard contractual clauses of the European Commission in order to regulate these data transfers to the United States.\n- Your personal data may also be communicated to the police (on judicial requisition) or to any person legally authorized to receive such information (by order of the judge).\nIf necessary, it is also recalled that the organizer who allowed you to use the App via a dedicated space for this purpose will also have access to your personal data. This same organizer can also collect personal data about you via the Application, for its own purposes.\nWe also invite you to refer to the applicable privacy policies this organizer to understand how your it processes the personal data concerning you and that it collects via the Application proposed by OuiGroup.\nIn accordance with the European regulation on the protection of personal data, OuiGroup has concluded with the Challenge’s organizer a subcontracting agreement which can be consulted on request from the organizer.

 

  1. How will we host your data?

We take care to secure the personal data of the users appropriately and have taken the necessary precautions to preserve and preserve by our host the security and confidentiality of the data and especially to prevent them from being distorted, damaged or communicated to unauthorized persons. If necessary, any possible security breach will be notified to you in strict compliance with applicable regulations.\nAny personal data will be destroyed immediately after the deletion of your user account on the Application or upon the withdrawal of your consent in respect of the data collected on the basis of your consent.\nThe pictures and videos and physical activity data on the App are also deleted within a one (1) month delay after the end of the Challenge.

 

  1. Application of your rights

In accordance with the European regulations on the protection of personal data, you have the following rights:\n- An access right allowing you at any time to know if your personal data are or are not processed by our services and when they are, to have access to your personal data and to the information required by the law concerning the methods of treatment of this data,\n- A rectification right allowing you, to request that be corrected as soon as possible any inaccuracy concerning your personal data,\n- A right to erasure, allowing you to request as soon as possible that your personal data are erased when: (i) their conservation is no longer necessary in view of the purposes for which they were collected; (ii) you opposed the treatment and would like them to be deleted; (iii) the data has been unlawfully processed; (iv) the data must be erased to comply with a legal obligation that is provided for either by European Union law or by French law, \n- A right to limit the processing of your personal data: (i) when you dispute the accuracy of the personal data collected during the period to verify the accuracy of the data; (ii) when following a treatment established as non-compliant, you prefer the limitation of the treatment to the complete erasure of the data; (iii) where personal data are no longer necessary for the purposes of processing but are still necessary for the establishment, exercise or defense of rights in court; (iv) where you have objected to the treatment and wish to limit the processing for the period of time necessary to ascertain whether the legitimate motive relied upon is justified,\n- A right to portability allowing you to receive your personal data in a format structured, commonly used and machine-readable, or to request that such personal data be transmitted to another controller, provided that this request for portability relates to personal data that you have directly provided and concerning you and that this request for portability does not infringe the rights and freedoms of third parties,\n- A right to oppose the processing of your personal data for reasons related to your particular situation and the treatment will be terminated unless there are legitimate and compelling reasons justifying the prosecution in accordance with the applicable regulations,\n- The right to set guidelines for the storage, erasure and communication of your personal data after your death,\n- In case the processing of your personal data is based on your consent, you also have the right to withdraw this consent at any time.\nThese rights may be exercised by contacting us directly at the following email address: confidentialite@ouilive.co\nClaims related to the use of your personal data may also be appropriate addressed to the Commission Nationale Informatique et Libertés (CNIL), 3 Place Fontenoy – TSA 80715 – 75334 PARIS CEDEX

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