Personal Data Use Policy

The present Policy published by imagino SAS, 45-47 avenue Carnot, Cachan (94230), registered under company number 831 903 216 (hereinafter the “Company“) sets out the practices implemented by the Company and its subsidiaries to ensure compliance with the regulations applicable to the protection of data collected by the Company, its subsidiaries and Users.  Such data may include :

– The personal data of visitors (“Visitors“) who access the www.imagino.com website (the “Site“),

– Personal data of customers of the Company and its subsidiaries (the “User(s)“) using imagino’s software solution (the “Software“),

– Personal data concerning the customers and prospects of Users of the Software (the “Contact(s)“) when such data passes through imagino’s servers when using the Software in SaaS mode.

– Personal data of employees of the Company and its subsidiaries (the “Employee(s)“).

 

I – Visitors and Users’ Data Protection

• Collected Personal Data

When a Visitor communicates with imagino’s sales and/or administrative department as a prospect or customer, or when he fills in the “Contact us” form on the website www.imagino.com  to request a demonstration of our products, apply for a job at imagino or take part in an event, imagino collects his surname, first name, company, e-mail address and telephone number, as well as any personal information that the Visitor chooses to provide, in particular via the “Message” or “Attach a file” field.

When a User logs on to the Software, imagino collects his/her surname, first name and professional e-mail address.

• Uses of Visitors and Users’ Data

Visitors and Users’ data are stored on servers located in France and Ireland. These servers are managed by imagino. This data are used to respond to requests (application, software demonstration), provide services, communicate information on products and services, and send invitations to commercial events. Communication may take place by e-mail, post or telephone. Visitors and Users may also receive marketing communications several times a year. In both cases, imagino offers the possibility of objecting to this type of communication.

Visitors’ information and personal data may also be transferred, with Visitor’s consent, to imagino’s partners, when they download a white paper, for example. The list of partners is made available and specific consent is requested from the Data Subject.

In any event, the data collected by imagino is used solely for professional purposes.

• Use of tracers

Technical tracers are placed on Visitors’ computers to enable optimal browsing. On their first visit to the imagino Website, a banner explaining the use of tracers will appear. Consequently, by continuing to browse the Site, the Visitor is deemed to have been informed of and to have accepted the use of tracers. Tracers are not used for commercial purposes. Tracers can be rejected or deactivated by modifying the browser settings. This may affect the browsing experience on the Site or even make it impossible.

By using the Software, Users accepts that security and usage tracers for statistical purposes may be placed on their computer. Such tracers collect the identity of Users and record information related to access to and use of the Software.

When a User navigates on the part of the Site reserved for Users, they may access embedded media which may use “third-party cookies”. As these cookies are not managed or controlled by imagino, we recommend that you consult: https://www.zendesk.fr/company/agreements-and-terms/privacy-notice/#.

• Security

imagino has implemented technical and organizational measures to protect against the unauthorized disclosure, use or destruction of data and information of Visitors, Users, Contacts and Employees, in particular, for Contacts data, notably by using the Microsoft Azure service (or equivalent). These measures are detailed on https://azure.microsoft.com/en-us/products/kubernetes-service/#overview and in imagino’s Information Security and Acceptable Use Policy available on the Site. However, perfect security does not exist on the Internet. Therefore, imagino strictly recommends the transmission of data using encrypted protocols over secure networks.

• Sharing information and data

Personal information concerning Visitors and Users may be disclosed to government agencies and other state entities that may verify the application of the law, to rightful claimants and to suppliers or service providers who process your data on our behalf, for reasons such as legitimate business interests or compliance with legal or contractual obligations.

Information collected during commercial events with registration may be shared with imagino’s co-organizing customers or partners. The latter process the data in accordance with their privacy policy. For further information, we invite Visitors and Users to contact them directly.

Finally, data may be transferred in the event of a sale, merger or other transfer of the Company’s assets.

By using the Site, Visitors and Users expressly agree that imagino and its subsidiaries may transfer their data to the aforementioned third parties.

• Protection of Children

The imagino website is not intended for children under the age of 16. If you are the legal representative of a child and you believe that the child has disclosed personal data to us online, please contact us.

• Links to other Websites

The Site and the Company’s online services contain links to other sites not owned or operated by the Company. The Company is not responsible for the practices of these other sites. We therefore encourage you to consult the policies of each site and service you visit.

• Exercice of rights

Visitors to the Site or Users of the Software who no longer wish to receive communications from imagino or to be included in imagino’s databases, may unsubscribe by following the instructions at the bottom of each communication sent by imagino, or by contacting imagino by post at its registered address, for the attention of imagino’s Marketing Department.

In accordance with Law No. 78-17 of January 6, 1978 as amended and EU Regulation No. 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and rules relating to the free movement of personal data, known as the “RGPD”, you also have the right to access, modify, rectify and delete such data. To obtain further information and/or exercise your rights, please contact our Data Protection Officer at the following postal address: imagino – DPO – 45-47 avenue Carnot – 94230 Cachan – FRANCE.

II – Contacts’ data protection

• Data collected by imagino software users

imagino is considered, within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of of natural persons with regard to the processing of personal data and rules relating to the free movement of personal data, and repealing Directive 95/46/EC (General Data Protection Regulation), to be a “processor”. Consequently, imagino is not responsible for the processing of personal data of Contacts by Users. The User is the “data controller” as it determines the purposes and means of the processing of personal data. If you have any questions regarding the rules and practices concerning the use of your personal data by Users of the imagino Software Package, we invite you to contact them.

imagino’s contracts and order forms remind Users of their legal obligations regarding the protection of personal data. imagino advises Users collecting, using, processing, storing or disclosing personal data from outside the European Union to check the regulations applicable to the data processed and in particular to ensure the suitability of the country in which the data is collected, or the data subjects are located. imagino reminds Users of the specific nature of the regulations of certain countries such as :

– The United States, where the data recipient must be certified under the Data Privacy Framework (DPF EU-US),

– Russia, which requires Russian citizens’ data to be hosted on national territory (law 242-FZ).

– China, which requires Chinese citizens to have their data hosted on national territory, or to set up a website specially dedicated to Chinese consumers (China’s Personal Information Protection Law (PIPL) and the country’s Data Security Law (DSL) governing the export of data).

imagino recommends that Users consult the CNIL website: https://www.cnil.fr/fr/la-protection-des-donnees-dans-le-monde

It is not imagino’s task to advise or monitor Users’ compliance with regulations.  However, should imagino discover that one of its customers is in breach of legislation concerning the protection of personal data, imagino will inform the User and will be obliged to inform the relevant authorities of such actions.

2 – Data hosted on imagino servers

The Software is available in SaaS (Software As A Service) mode. When Users choose this mode of use, information concerning their customers and prospects (the “Contacts”) is stored temporarily or permanently on imagino servers located in France and Ireland. These servers are managed by imagino, which ensures their security in order to preserve data integrity and confidentiality.

As a technical service provider, imagino has no knowledge of the nature of the Contacts’ data, except in exceptional cases and on the express instruction of the User as part of a software maintenance operation. Users remain responsible for processing. Please refer to their own policies.

3 – Additional terms of use of « Campaign » software

imagino has made available on its Site additional terms of use for the “Campaign” Software Package.  By using the Campaign Software Package, Users agree to abide by the terms of these conditions. The purpose of these additional conditions is to sensitize and commit imagino Users to adopt virtuous practices in the use of the Campaign Software respectful of the rights of Contacts and favorable to good deliverability of communications. imagino reserves the right to suspend or terminate the contract of any User who fails to comply with these conditions.

4 – Specific terms of use for Google API Services

This paragraph governs the use of the Google API services when a User wishes to transmit data from its Contacts to Google using the Google API services.

imagino may make the Google API services available to its Users via the imagino Software Package. The imagino Software Package complies with the Google API User Data Policy, including the Limited Use requirements. This policy is available on https://developers.google.com/terms/api-services-user-data-policy.

When an imagino User requests access to user data as part of the Google API Services, the Software stores the imagino User’s identification information (token and rights) so that the Software is able to manage Google Ads segments on behalf of imagino Users.

The User undertakes to provide its Contacts and Google with clear and accurate information concerning its use of the Google API Services:

– Who requests data from Google Users?

– What data is shared?

– Why is the data shared?

The User agrees to make reasonable use of the Google API services.

Requests for authorization to use Users’ data must be meaningful to them and must be limited to the information essential to the performance of processing for the defined purpose.

imagino and Users agree not to access information they do not need.

Finally, imagino reminds Users that its Software Package is not an application intended for minors.

III – Employees’ Data Protection

In accordance with Act no. 78-17 of January 6, 1978, as amended, known as the Data Protection Act, and Regulation no. 2016/679 of April 27, 2016, known as the General Data Protection Regulation (“RGPD”), imagino carries out computer and manual processing of Employee data collected in connection with the conclusion and performance of their employment contract. This data is processed and kept, confidentially for the purposes of managing Employees’ files by Human Resources staff.

These data are processed and kept confidential for the purposes of managing employee files by Human Resources staff. They may be transmitted to third parties who need to know it for the purposes of this management (Human Resources staff, occupational medicine, government departments, accounting staff, line managers, service providers responsible for electronic file backup and, where applicable, employee representatives).

Employees have the right to access, rectify, delete, limit or oppose the processing of their personal data, as well as the right to portability of all data concerning them. These rights may be exercised by simple request to the Data Protection Officer, by post to the head office address or by e-mail to dpo@imagino.com.

IV – General provisions

1 – Policy updates

imagino reserves the right to modify this Privacy Policy at any time without prior notice to meet the needs of its development and to take into account changes or amendments to legislation. As new features and services are added, imagino will continue to process personal information in accordance with these rules. Any changes to the Policy will come into effect as soon as the new version of the Policy is posted on www.imagino.com By continuing to navigate on www.imagino.com, you declare that you accept the modification(s) to this Policy. We recommend that you check this Charter regularly to keep up to date with our rules and procedures concerning the processing of personal data.

2 – Dispute resolution

If you have any complaints about the processing of your personal data, please first contact the imagino Data Protection Officer. He will be happy to answer your questions and deal with your complaints. He can be reached at dpo@imagino.com . If imagino’s DPO is unable to respond to your complaint, please contact the national data protection authority directly.