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Privacy Policy
v 1.1 dated 10.15.2018
This privacy policy outlines and informs you of how OCTOPUSH uses and protects the information you provide to us, if any, when you use this site accessible from the following URL: www.octopush.com
These terms are an integral part of and are subject to the OCTOPUSH General Terms and Conditions of Sale and Use.
It defines OCTOPUSH's commitments regarding the protection of its Users' personal data as required by the European regulations in force.
In addition to the articles of this commitment, OCTOPUSH undertakes to comply in general with the clauses of REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter: GDPR).
Please note that this privacy policy may be modified or supplemented at any time by OCTOPUSH, particularly to comply with any legislative, regulatory, jurisprudential, or technological developments. In such a case, the date of its update will be clearly identified at the top of this policy. These modifications are binding on the User as soon as they are posted online. It is therefore recommended that the User regularly consult this privacy and cookie usage policy to stay informed of any changes.
When you visit or log in to our website, our partners or online data providers may use cookies and similar technologies to associate these activities with other personal information about you, including your email address. We (or our service providers) may then send you marketing communications and offers to these email addresses. You can opt out of these advertisements by sending a request to dpo@octopush.com. In accordance with the GDPR, you may also object to the collection of your personal data. To do so, please express your choice by writing to dpo@octopush and refusing cookies.
I. Personal Data Policy
1. Identity of the data controller (DPO)
Octopush has appointed a data controller (Data Protection Officer).
Email: dpo(at)octopush.com — Tel: +33 (0) 4 13 41 50 70
2. Personal data
Generally speaking, you can visit the OCTOPUSH website without providing any personal information about yourself. In any case, you are under no obligation to transmit this information to OCTOPUSH.
However, if you refuse, you may not be able to benefit from certain information or services you have requested.
3. Types of data collected
3.1 Registration data
When registering with OCTOPUSH, the User expressly consents to provide OCTOPUSH with personal data. The transmitted data may include the User's last name, first name, postal address, email address, telephone number, company name, as well as their identification number and, if applicable, their intra-community VAT number.
3.2 Cookies
OCTOPUSH uses different types of cookies on its site, including:
i. Strictly necessary / essential cookies: These cookies are essential to allow the User to move around the site and use its features, such as accessing secure areas of the site, shopping carts, or billing pages. Without these cookies, the services the User has requested cannot be provided. These cookies do not collect information that identifies a visitor. Accepting these cookies is a necessary condition for using the OCTOPUSH site; if the User refuses their use, OCTOPUSH cannot ensure optimal navigation on its site.
ii. Performance cookies: These cookies collect information about how visitors use a website, such as which pages are visited most often and error messages from OCTOPUSH pages. These cookies do not collect information that identifies a visitor. All information collected by these cookies is aggregated and therefore anonymous. These cookies are used for statistical purposes and to improve the way a website works. Accepting these cookies is a necessary condition for using the OCTOPUSH site; if the User refuses their use, OCTOPUSH cannot ensure optimal navigation on its site.
iii. Functionality cookies: These cookies allow the OCTOPUSH site to remember the choices made by the User (such as language) and provide enhanced, more personal features. These cookies may also be used to remember changes the User has made to customizable parts of their account. They may also be used to provide services requested by the User, such as watching a video or commenting on a blog. The information collected by these cookies may be anonymous and cannot track the User's browsing activity on other websites. The User may choose to accept or decline these cookies, but declining them may prevent OCTOPUSH from providing the User with certain features or support. It is also possible that this may prevent OCTOPUSH from remembering the User's refusal to use a specific feature.
iv. Targeting cookies: These cookies are used to deliver advertisements that are more relevant to the User's interests. They are also used to limit the number of times a User sees an advertisement and to measure the effectiveness of advertising campaigns. They are generally placed by advertising networks with the website operator's permission. They remember that the User has visited a website, and this information is shared with other organizations such as advertisers. Very often, targeting cookies are linked to site functionality provided by third parties. The User may choose to accept or decline these cookies, but declining them may prevent OCTOPUSH from providing the User with certain features. These cookies are placed by third parties, so the User may also choose to use their own tools to decline these cookies.
4. Purposes of processing
OCTOPUSH may process your personal information:
i. For the purpose of providing you with the information or services you have requested within the framework of the business relationship established between the two parties;
ii. For the purpose of gathering information to help us improve our website, products, and services (notably through the use of cookies);
iii. For the purpose of contacting you regarding various events related to OCTOPUSH;
iv. For the purposes of managing customers, orders, SMS campaigns, after-sales service, and commercial prospecting.
5. Retention period
Your personal information is kept by OCTOPUSH for the time necessary to fulfill the purpose for which it was collected. This period covers the entire duration of the business relationship established between OCTOPUSH and the User.
However, upon termination of the contract, OCTOPUSH reserves the right to retain in its archives data for which it is subject to legal retention and/or archiving obligations under European Union law or the law of a member state. Access to these archives will be restricted to personnel authorized by OCTOPUSH.
6. Data protection and privacy rights
The User may contact the Data Protection Officer (DPO) to submit any request regarding their rights as provided by the GDPR. OCTOPUSH is committed to responding to its Users' requests as effectively as possible, within the shortest possible timeframes and in accordance with its legal or regulatory obligations.
6.1 Right of access and communication of data
You have the right to access the personal information concerning you. However, due to OCTOPUSH's obligation of security and confidentiality in the processing of personal data, please be aware that your request will be processed provided that you furnish proof of your identity, such as a scan of a valid ID or a signed photocopy of a valid ID (if submitting your request by mail).
OCTOPUSH reserves the right to decline requests that are manifestly abusive due to their number, repetitive nature, or systematic character.
6.2 Right to rectification of data
Under this right, the law entitles you to request the rectification, updating, locking, or deletion of data concerning you that may be inaccurate, erroneous, incomplete, or obsolete.
You may also define general and specific directives regarding the handling of your personal data after your death. Where applicable, the heirs of a deceased person may request that the death of their relative be taken into account and/or that necessary updates be made.
To assist you in this process, particularly if you wish to exercise your right to rectification on your own behalf or on behalf of a deceased relative by sending a written request to the postal address provided in the legal notice, you can find a template letter provided by the CNIL here: cnil.fr
6.3 Right to object
The exercise of this right is only possible in one of the following two situations:
i. When the exercise of this right is based on legitimate grounds;
ii. When the exercise of this right is intended to prevent the collected data from being used for direct marketing purposes.
To assist you in this process, particularly if you wish to exercise your right to object by means of a written request sent to the address mentioned in the legal notice, you will find below a template letter prepared by the CNIL: cnil.fr
7. Security
To ensure maximum security and optimal protection of its Users' personal data, OCTOPUSH implements technical and organizational security measures appropriate to the potential risks to which the data may be exposed.
In accordance with GDPR guidelines, OCTOPUSH implements measures to ensure the confidentiality, integrity, and availability of personal data and the systems and services used to process such data.
OCTOPUSH ensures the proper functioning of the security measures in place and their regular updates, taking into account developments in industry practices and appropriate technologies. Specifically, the OCTOPUSH application is installed on redundant servers, ensuring the maintenance of the services provided as well as the integrity of your data. A monitoring server is in place to trigger alerts in the event of system failure and/or intrusion attempts. These servers are located in a French ISO-27001 certified data center.
A copy of the application data is also made regularly to recover the system in the event of a major failure. Access to these servers is secured by routing and firewall rules.
To access the platform via a web browser, API, or third-party services, OCTOPUSH provides an HTTPS path protected by an AES 256 encryption certificate. Furthermore, User passwords are encrypted irreversibly. OCTOPUSH cannot access Users' plain-text passwords, and Users remain the sole holders of this information.
Finally, access to the service via API can be limited to specific IPs at the User's request.
8. Authorized service providers and transfer to a country outside the European Union
OCTOPUSH informs you that it uses authorized service providers to facilitate the collection and processing of the data you have provided to us. These providers may be located outside the European Union and have access to the data collected through the various forms on the Site.
OCTOPUSH has verified in advance that its service providers implement adequate safeguards and comply with strict conditions regarding confidentiality, usage, and data protection. In particular, vigilance has been exercised regarding the existence of a legal basis for any transfer of data to a third country.
The User accepts and authorizes OCTOPUSH to enter into an agreement or take all necessary measures to establish and ensure an adequate level of personal data protection by a subcontractor.
9. Complaint to the competent authority
If you believe that OCTOPUSH is not complying with its obligations regarding your personal information, you may file a complaint or request with the competent authority. In France, the competent authority is the CNIL, to which you can send a request electronically by clicking on the following link: cnil.fr/fr/plaintes/internet
10. Measures in the event of a User personal data breach
In accordance with GDPR requirements, OCTOPUSH is committed to notifying the CNIL of any personal data breach as soon as possible after becoming aware of it.
Any notification to the CNIL will include the following information:
i. The nature of the personal data breach;
ii. The name and contact details of the Data Protection Officer (DPO) at OCTOPUSH;
iii. The likely consequences of the personal data breach;
iv. The measures taken or proposed by the data controller to address the personal data breach, including, where appropriate, measures to mitigate any potential negative consequences.
In the event that a personal data breach is likely to result in a high risk to the rights and freedoms of a User as a natural person, OCTOPUSH undertakes to notify the User as soon as possible.
11. Password confidentiality
You are responsible for the confidentiality of the password you have chosen to access your OCTOPUSH account.
You agree to keep this password secret and not to share it with anyone.
II. Cookie Policy
When you first connect to the OCTOPUSH website, you are notified by a banner at the bottom of your screen (below) that information relating to your browsing may be saved in files called "cookies":
By continuing to browse this site, you consent to the use of cookies, which allow us to personalize content and ads, provide social media features, and analyze our traffic. We use a Google Analytics script that places cookies. To learn more, please consult our privacy policy.
This cookie policy informs you about the measures we implement regarding web browsing. We invite you to read this document carefully to understand our practices regarding the processing of your personal data.
1. General information about cookies
As the publisher of this website, OCTOPUSH may place a cookie on your device's hard drive to ensure smooth and optimal navigation on our site.
"Cookies" are small text files of limited size that allow us to recognize your computer, tablet, or mobile device in order to personalize the services we offer you (content, advertisements, features, etc.).
"Cookies" do not identify you personally. They are used solely to improve the interactivity and performance of our website and to provide you with tailored content. This information is not shared with third parties unless OCTOPUSH has obtained your prior consent or when the disclosure of such information is required by law, by court order, or by any other administrative or judicial authority authorized to request it.
2. Social media cookies
Social media sharing cookies are issued and managed by the publisher of the relevant social network. Subject to your consent, these cookies allow you to easily share content published on the OCTOPUSH website, particularly via application sharing buttons for the relevant network.
Three types of social media sharing cookies are present on the OCTOPUSH website:
i. Facebook, whose cookie policy you can view by clicking the following link: facebook.com/policies/cookies
ii. LinkedIn, whose cookie policy you can view by clicking the following link: linkedin.com/legal/cookie-policy
iii. Twitter, whose cookie policy you can view by clicking on the following link: help.x.com
3. Cookie settings
The vast majority of web browsers are configured by default to allow cookies to be placed. However, you have the option to change this default setting so that all or some cookies are systematically rejected.
You should understand that refusing cookies may impair your user experience and compromise certain features of the site offered by OCTOPUSH. In such cases, OCTOPUSH declines all responsibility for any consequences related to the degradation of your browsing conditions and user experience. These consequences do not constitute damage, and you will not be entitled to any compensation as a result.
Your browser also allows you to delete existing cookies on your device or to notify you when new cookies are about to be placed on your device. These settings have no impact on your browsing, but you will lose all the benefits associated with cookies.
4. Internet browser settings
To help you modify your cookie preferences, you will find below links to the necessary help pages for accessing your browser's menu:
For more information on tools for managing cookies, you can visit the CNIL website: cnil.fr/fr/cookies-les-outils-pour-les-maitriser
5. Use of third-party cookies
Please note that OCTOPUSH uses third-party services to track your usage of this site in order to optimize your user experience. These third parties (such as web traffic analysis services) may also use cookies that we do not control.
Contact
For any questions regarding this privacy policy or any requests concerning your personal data, you can contact us by:
(i) Sending an email to our Data Protection Officer at the following email address: dpo(at)octopush.com
(ii) By sending us a letter at the following address: 131 av du Prado – 13008 Marseille – France.