Effective 1st March 2020

1. Definition and nature of the personal data

When written with an initial capital letter, the following terms and expressions will be considered as having the meanings attributed to them in the Terms and Conditions of use of TrackPay.

During your use of the websites trackpay.io and app.trackpay.io (hereafter referred to as the “Website”), we may require you to provide us with personal data concerning you, in order to be able to use the Services offered by TrackPay.

The term “personal data” refers to all data making it possible to identify an individual, which includes among other things your last name, first name, postal address and e-mail address, telephone number, data concerning your use of the Website, details of your subscriptions, bank details and any other information you choose to provide about you.

2. Purpose of this charter

The purpose of this charter is to inform you of the means used by us to collect your personal data, in strict compliance with your rights.

During the collection and management of your personal data we comply with law number 78-17, dated 6 January 1978 concerning information technology, data files and civil liberties in its current version, the so-called “Informatique et Libertés” law and (EU) regulation number 2016/679 of 27 April 2016, from the moment it takes effect (hereafter referred to as the: “GDPR”).

3. Identity of the data controller

The data controller responsible for the collection of your personal data is the company SAS Libeo, a simplified joint stock company registered in the Trade & Company Register of Paris, FRANCE under the number 815 171 525, having its registered office at 112, avenue de Paris, CS60002 – 94306 Vincennes, Cedex, FRANCE (hereafter referred to in this document as: “Us” or “We”).

4. The collection of personal data

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

TrackPay’s legitimate interests when you voluntarily supply us with personal data during your visit to our Website, this data then being collected to enable us to better respond to your requests for information concerning our Services.
Your consent concerning social networking cookies, advertising cookies and cookies for analytical tools mentioned in article 10.
In order to implement the contract concluded with TrackPay when you use our Services on our Website.

Your personal data is therefore collected to meet one or several of the following end purposes:

(i) To personalise our responses to your requests for information,
(ii) To manage your access to the Services available on the Website and their use,
(iii) To constitute a database of users, Clients and prospects,
(iv) To send out newsletters, proposals and promotional messages. If you do not agree to this, we give the option to express your refusal on this point at the time your data is collected;
(v) To draw up sales statistics and visitor statistics for our Services,
(vi) To manage payment issues and any possible disputes concerning the use of our Services,
(vii) To comply with our legal and statutory obligations.
(viii) When you subscribe to the Services offered by TrackPay, to perform operations concerning the management of your Debtors, regarding invoices and relationship management,

During the collection of your personal data, we will inform you if certain data must obligatorily be entered or if it is optional. The compulsory data is required for the operation of the Services. Regarding the optional data, you are completely free to supply this or not. We also inform you of the possible consequences of any failure to reply.

5. Recipients of the personal data

The following will have access to your personal data:

(i) Our company’s staff, the departments handling control and oversight (including the auditors of corporate accounts) and our subcontractors;
(ii) When you subscribe to specific Services offered by TrackPay: the company Stripe Payments Europe, Ltd. , a private company limited by shares, with whom you may enter into a contractual agreement for the provision of the Payment Account as part of the Services. The processing performed by Stripe is subject to the latter’s privacy policy, which may be viewed at the following address: https://stripe.com/fr/privacy

Other possible recipients of your personal data may include public authorities, exclusively to fulfil our legal obligations, judicial officers, ministerial officers and debt recovery organisations.

6. Transfers of personal data

Your personal data will not be transferred, rented, leased or exchanged to/with third parties.

7.Personal data retention period

(i) Regarding data regarding the management of Clients and prospects:

Your personal data will not be stored any longer than the time strictly necessary to the management of our business relationship with you. However, personal data making it possible to establish proof of a right or a contract, or data which must be stored to ensure compliance with a legal obligation will be stored for the period stated in the applicable law.

Regarding any possible prospection operations targeting Clients, their data may be stored for a period of three years as from the end of the business relationship.

Personal data concerning a prospect who is not a client may be stored for a period of three years from the time it is collected or from the last contact initiated by the prospect.

At the end of this three-year period, we may contact you again to find out if you wish to continue receiving sales proposals.

(ii) Regarding ID documents:

In the event that an individual chooses to exercise their right to access or rectify data, the data concerning ID documents will be retained for the period mentioned in article 9 of the code of criminal procedure, i.e. one year. In the event that an individual chooses to exercise their right to oppose the use of data, this data may be archived for the limitation period mentioned in article 8 of the code of criminal procedure, i.e. three years.

(iii) Regarding banking information:

When you subscribe to specific Services offered by TrackPay, the banking information concerns all financial data related to your Payment Account or your use of the Services when you have subscribed to the Services proposed by TrackPay.

This banking information may be retained for the purpose of providing proof in the event of any disputes concerning a transaction, in intermediate archives, for a period of 13 (thirteen) months from the moment the transaction is recorded in the Payment Account.

(iv) Regarding the management of lists of individuals who do not wish to be contacted for prospection purposes:

Information making it possible to take account of your right of opposition will be stored for a minimum of three years from the moment you exercise your right of opposition.

(v) Concerning cookies:

The retention period for the cookies mentioned in article 10 is 13 months.

8. Security

We hereby inform you that we take all appropriate organisational and technical measures to protect the security, integrity and privacy of your personal data, which includes preventing it from being deformed, damaged or accessed by unauthorised third parties.

9. Hosting

We hereby inform you that your data is retained and stored for its whole retention period on the servers of the company OVH, located in France, in the European Union.

Your data will not be transferred outside the European Union during the use of the services we offer.

10. Cookies

Cookies are text files, often encrypted, stored in your browser. They are created when the user’s browser loads a given website: the website sends information to the browser which then create a text file. Whenever the user returns to the same website, the browser recovers this file and sends it to the website’s server.

There are several types of cookies, not all of which serve the same end purpose:

Technical cookies are used throughout your browsing experience to facilitate and implement certain functions. As an example, a technical cookie can be used to memorise the answers you entered in a form or the user’s preferences concerning the website’s language and layout when such options are available.

We use technical cookies.

Social networking cookies can be created by social networking platforms to enable website designers to share content from their website on the said platforms. These cookies are used among other things by the social networking platforms to track the surfer’s browsing of the website concerned, whether or not they use these cookies.

We use social networking cookies. These cookies are only placed in your browser if you grant your consent.

We invite you to consult the privacy policies of the social networking platforms initiating these cookies, to familiarise yourself with the end purposes of the use of the browsing data they may gather via these cookies and the various means of exercising your rights vis-a-vis these social networks.

Advertising cookies can be created not only by the website on which the user is surfing but also by other websites displaying advertising, widgets or other content on the displayed page. In particular, these cookies can be used to carry out targeted advertising, i.e. advertising determined according to the user’s browsing habits.

We use advertising cookies. These cookies are only placed in your browser if you grant your consent.

We use analytical tools (such as Google Analytics) which are statistical audience analysis tools which generate a cookie making it possible to measure the number of visits to the Website, the number of pages viewed and the visitors’ activities. Your IP address is also collected, to identify the town or city from which you are connecting. This cookie is only placed in your browser if you grant your consent. You can accept or refuse it.

For all useful purposes, we should remind you that you can oppose the recording of cookies by configuring your browser to refuse them. Such a refusal may however prevent the Website from functioning properly.

11. Accessing your personal data

Pursuant to law number 78-17 of 6 January 1978 concerning information technology, data files and civil liberties, and the General Data Protection Regulation, you have a right to access and where applicable to rectify or delete the data concerning you, via online access to your file when you subscribe to the Services proposed by TrackPay.

In any case, you can contact:

Postal address: SAS Libeo, 112, avenue de Paris, CS60002 – 94306 Vincennes, Cedex, France
E-mail address: support@libeo.io

You are reminded that the data is collected on the basis of our legitimate interests, as mentioned in article 4, and that at any time they may oppose the processing of the data concerning them. However, we may nevertheless continue the processing operations if legitimate grounds exist for this processing which take precedence over your rights and liberties or if the processing is necessary to establish, exercise or defend our rights before the courts.

12. Right to stipulate instructions concerning the processing of data after your death

You have the right to specify instructions concerning the storage, deletion and communication of your personal data after your death.

These instructions may be general, i.e. they cover all personal data concerning you. In this case they must be recorded with a digital trusted third-party certified by the CNIL (French data protection authority).

The instructions may also be specific, concerning the data processed by our company. In this case, you should send them to us using the above-mentioned contact details.

When you send us such instructions, you expressly grant your consent for these instructions to be stored, transmitted and implemented in accordance with the terms mentioned in this document.

In your instructions, you may appoint a person with responsibility for their implementation. When you are deceased, this person will then be authorised to familiarise him/herself with the said instructions and to request that we implement them. Unless you have designated someone, your heirs will be authorised to familiarise themselves with these instructions and to request that we implement them.

You may modify or revoke your instructions at any time by contacting us using the above-mentioned contact details

13. Portability of your personal data

You have rights concerning the portability of the personal data you have supplied to us, with this term being understood as referring to the data you have actively and consciously declared when accessing and using the Services, and the data generated by your activities during the use of the Services. We would like to remind you that this right does not concern data collected and processed on another legal basis other than consent or the performance of the contract existing between us.

This right may be exercised free of charge, at any time, including at the time you close your account via the Client Interface, in order to recover and store your personal data.

In implementing this right, we will send you your personal data by any means considered appropriate, in a structured, commonly used and machine-readable format pursuant to the state-of-the-art at the time.

14. Submitting a complaint to a supervisory authority

You are also hereby informed that you have the right to submit a complaint to the relevant supervisory authority, (the Commission Nationale Informatique et Libertés for France), in the member state in which you have your normal place of residence, your place of work or the place in which the violation of your rights occurred, if you consider that the processing of your personal data covered by this Charter constitutes a violation of the applicable laws and regulations.

This referral to the supervisory authority may be performed without prejudice to any other referral to an administrative or judicial authority. You also have a right to refer the matter to the administrative or judicial authorities if you consider that the processing of your personal data covered by this Charter constitutes a violation of the applicable laws and regulations.

15. Procession restriction

You have the right to restrict the processing of your personal data in the following cases:

– During the verification period we apply, if you discover that your personal data is inaccurate,

– When the processing of this data is illicit and you wish to limit this processing rather than delete your data,

– When we no longer require your personal data but you would like it to be retained in order to be able to exercise your rights,

– During the verification period concerning legitimate grounds when you have opposed the processing of personal data.

16. Modifications

We reserve the right to totally or partially modify this charter at any time at our sole discretion. These modifications will take effect when the new charter is published. Your use of the Website following the application of these modifications constitutes acknowledgement and acceptance of the new charter. Failing this, and if you disagree with his new charter, you must no longer access the Website.

17. Effective date

This charter takes effect on 1st of March 2020.