Voice Memories Privacy Charter

Preamble

This privacy policy is intended to help you understand how your personal data is collected, processed and stored by VOICE MEMORIES via the Website. VOICE MEMORIES understands that data protection and privacy are key issues for all users visiting the Website.

In compliance with GDPR regulations, VOICE MEMORIES undertakes to respect your privacy and protect your personal data, meaning data that can identify you directly or indirectly as an individual. The purpose of this privacy policy is to present VOICE MEMORIES' commitments in this respect.

1 – DEFINITION

When using our Website, we may ask you to provide us with personal data concerning you.

The term « personal data » refers to all data that allows identification of an individual, including in particular your surname, first name, pseudonym, photograph, postal and email address, job title, telephone numbers, date of birth, data relating to your transactions on the Website, details of your purchases, bank card numbers, SIRET, intra-community VAT number, IP address, as well as any other information you choose to communicate to us about yourself.

2 – PURPOSE

The purpose of this charter (hereinafter the « Charter ») is to inform you about the means we use to collect your personal data, in strict compliance with your rights.

In this respect, we inform you that, when collecting and managing your personal data, we comply with Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms, as currently in force (hereinafter: the « Data Protection Act »), as well as Regulation (EU) 2016/679 of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter: the « GDPR »).

3 – IDENTITY OF THE DATA COLLECTION CONTROLLER

The controller of your personal data collection is VOICE MEMORIES, registered with the NICE Trade and Companies Register under no. 929 271 070, with registered office at Palais Théodore 27, rue Theodore de Banville – 06100 Nice (hereinafter: « We »).

4 – COLLECTION OF PERSONAL DATA

The legal basis for our collection of your personal data is as follows:

• This collection is necessary to perform the contract entered into when you use our services on our Website.
• Legitimate interest when you voluntarily provide us with personal data during your visit to our Website, the data then being collected to enable us to better respond to your requests for information about our services.

Your personal data is collected to meet one or more of the following purposes:

• Manage your access to certain services available on the Website and their use;
• Carry out operations related to customer management concerning contracts, invoices, and relationship follow-up with Customers;
• Create a file of users, customers and prospects;
• Send newsletters, solicitations and promotional messages. If you do not wish this, we allow you to express your refusal when collecting your data;
• Develop commercial and traffic statistics for our services;
• Organize contests, lotteries and all promotional operations excluding online gambling and games of chance subject to approval by the Online Gaming Regulatory Authority;
• Manage reviews by individuals on products, services or content;
• Manage unpaid bills and possible disputes regarding the use of our products and services;
• Personalize responses to your information requests;
• Comply with our legal and regulatory obligations.

When collecting your personal data, we inform you whether certain data must be provided or is optional (through visible asterisks on the Website).

When collecting your personal data, we inform you whether certain data must be provided or is optional.

5 – RECIPIENTS OF PERSONAL DATA

The following will have access to your personal data:

• Our company staff;
• Departments in charge of control (lawyer, accountant in particular);
• Our processors (communication providers, productivity software providers, data hosting provider, payment service providers, billing provider, analytics and audience measurement providers, customer relationship management providers).

Public bodies may also receive your personal data, exclusively to meet our legal obligations, as well as legal auxiliaries, ministerial officers and organizations responsible for debt collection.

6 – RETENTION PERIOD OF PERSONAL DATA

Regarding customer and prospect management data

Your personal data will not be kept beyond the period strictly necessary for managing our business relationship with you.

However, data allowing proof of a right or contract, which must be retained to comply with a legal obligation, will be kept for the period provided by applicable law.

Regarding potential prospecting operations for customers, their data may be kept for a period of three (3) years from the end of the business relationship.

Personal data relating to a prospect who is not a customer may be kept for a period of three (3) years from collection or the last contact from the prospect.

At the end of this three (3)-year period, we may contact you again to find out whether you wish to continue receiving commercial solicitations.

In the event of exercising the right of access or correction, data relating to identity documents may be kept for the period provided in Article 9 of the Code of Criminal Procedure, i.e., one (1) year. In the event of exercising the right to object, such data may be archived for the limitation period provided by Article 8 of the Code of Criminal Procedure, i.e., three (3) years.

Financial transactions related to payment for purchases and fees via the Website are entrusted to a payment service provider that ensures proper operation and security.

For service needs, this payment service provider may receive your personal data relating to your bank card numbers, which it collects and stores on our behalf and for our account. We do not have access to this data.

To allow you to make regular purchases or pay related fees on the Website, your data relating to your bank cards is retained for the duration of your registration on the Website and at least until your last transaction.

Data relating to the visual cryptogram or CVV2 shown on your bank card is not stored.

If you refuse the retention of your personal data relating to your bank card numbers under the conditions specified above, we will not retain this data beyond the time required to complete the transaction.

In any case, data relating to these cards may be retained, for evidentiary purposes in case of transaction dispute, in intermediate archives for the duration provided by Article L 133-24 of the Monetary and Financial Code, namely thirteen (13) months following the debit date. This period may be extended to fifteen (15) months to take into account deferred debit card use.

Regarding management of opt-out lists for marketing communications

Information allowing your right to object to be taken into account is retained for at least three (3) years from the exercise of the right to object.

Regarding audience measurement statistics

Information stored on users' devices or any other element used to identify users and track their activity or traffic will not be retained for more than thirteen (13) months.

7 – SECURITY

We inform you that we take all useful precautions and appropriate organizational and technical measures to preserve the security, integrity and confidentiality of your personal data and, in particular, prevent it from being altered, damaged, or accessed by unauthorized third parties. We also use secure payment systems compliant with the state of the art and applicable regulations.

8 – HOSTING

We inform you that your data is kept and stored, throughout its retention period, on Hostinger servers located in the European Union.

9 – TRANSFER OUTSIDE THE EUROPEAN UNION

Your data may be transferred outside the European Union within the framework of the tools we use and our relationships with our processors.

This transfer is secured by the following tools:

• Either this data is transferred to a country deemed to provide an adequate level of protection by a decision of the European Commission;
• Or we have entered into a specific contract with our processors governing transfers of your data outside the European Union, based on standard contractual clauses between a controller and processor approved by the European Commission.

10 – ACCESS, CORRECTION, LIMITATION AND ERASURE OF YOUR PERSONAL DATA

In accordance with European regulations on personal data protection, you benefit from the following rights:

• A right of access allowing you at any time to know whether your personal data is processed by our services and, when it is, to access said personal data and legally required information regarding the processing methods;
• A right of correction allowing you to request, as soon as possible, correction of any inaccuracy concerning your personal data;
• A right to erasure, allowing you to request as soon as possible that your personal data be erased, provided that this request complies with conditions required by applicable law;
• A right to restriction of processing of your personal data, provided that this request complies with conditions required by applicable law;
• A right to portability allowing you to receive your personal data in a structured, commonly used and machine-readable format, or to request that this personal data be transmitted to another controller, provided that this portability request complies with conditions required by applicable law;
• A right to object to processing of your personal data for reasons related to your particular situation, provided this objection complies with conditions required by applicable law;
• The right to withdraw at any time specific consent given for collecting your personal data, especially where processing serves commercial prospecting purposes;
• The right to define instructions regarding retention, erasure and communication of your personal data after your death.

You have the right to obtain restriction of processing of your personal data in the cases defined in Article 18 of the GDPR:

• During the verification period we implement when you dispute the accuracy of your personal data;
• When processing this data is unlawful and you wish to restrict such processing rather than delete your data;
• When we no longer need your personal data, but you want it retained to exercise your rights;
• During the verification period of legitimate grounds when you have objected to processing of your personal data.

It is reminded that persons whose data is collected on the basis of our legitimate interest may at any time object to processing of their data. However, we may continue processing if there are legitimate grounds for processing that override your rights and freedoms, or if processing is necessary to establish, exercise or defend legal claims.

You can unsubscribe from our promotional emails via the link provided in emails. Even if you choose not to receive promotional messages from us, you will continue to receive our administrative messages.

11 – PORTABILITY OF YOUR PERSONAL DATA

You have a right to portability of personal data you have provided to us, understood as data you have actively and knowingly declared when accessing and using services, as well as data generated by your activity while using services.

We remind you that this right does not concern data collected and processed on a legal basis other than consent or performance of the contract binding us.

This right may be exercised free of charge at any time, especially when closing your account on the Website, in order to recover and retain your personal data.

In this context, we will provide your personal data by any means deemed useful, in an open standard format commonly used and readable by computer systems, in accordance with the state of the art.

12 – LODGING A COMPLAINT WITH A SUPERVISORY AUTHORITY

You are also informed that you have the right to lodge a complaint with a competent supervisory authority (the National Commission on Informatics and Liberty for France), in the Member State where your habitual residence, your workplace or the place where the infringement of your rights allegedly occurred is located, if you consider that processing of your personal data under this charter constitutes a violation of applicable texts.

This remedy may be exercised without prejudice to any other remedy before an administrative or judicial court. Indeed, you also have a right to an effective administrative or judicial remedy if you consider that processing of your personal data under this charter constitutes a violation of applicable texts.

13 – CHANGES

We reserve the right, at our sole discretion, to modify this Charter in whole or in part at any time. These changes will take effect upon publication of the new charter.