The Policy

DATAKALAB SAS is a “société par actions simplifiée” (simplified joint-stock company), having its registered office at 7 Passage du Puits Bertin -92110 CLICHY, registered with the RCS of Nanterre under the number 818 830 275 ("Datakalab" or "we").
This privacy policy (the "Policy") has been designed to provide you with a simple and concise overview of the ways in which your personal data will be processed and the rights you have in relation to such processing. 
Datakalab processes personal data under Article 1.1. of the Policy: ● Internet users browsing its website https://www.datakalab.com (the "Site");● People sending a contact request;● People applying;● From its clients;● Professional prospects; ● Voluntary panelists;● People passing by anintelligentcounting device; ● Persons exercising their rights under Article 6 of the Policy. 

To find out how Datakalab processes and protects your personal data in the context of its mask detection activity in transport, please refer to the Mask Detection Policy. 
To know and exercise your rights, please refer to article 6 of the Policy. 
The respect of your privacy and your personal data is a priority for Datakalab, which undertakes to process your data in compliance with the French Data Protection Act of 6 January 1978 as amended and the General Data Protection Regulation (EU) of 27 April 2016 (hereinafter "DPSR" and, together, the "Applicable Regulations").
All capitalized terms not defined in the Policy shall have the meaning given to them in the Applicable Regulations. 
Datakalab reserves the right to modify or update the Policy at any time. Any change or update will be effective immediately as soon as it is published on the Site. In the event that these changes are significant, Datakalab will inform you and seek your consent if required by Applicable Regulations.

1. The Processing of your personal data

Within the framework of its activities, Datakalab acts, as the case may be, as: ● Processing Manager; ● or Subcontractor.
1.1. Datakalab responsible for Processing
Datakalab acts as an autonomous Data Controller for the processing of personal data:   ● Internet users browsing the Site;● People sending a contact request;● People applying;● From its clients;● From his prospects; ● Persons wishing to exercise their rights as provided for in the Applicable Regulations.

The Policy

DATAKALAB SAS is a “société par actions simplifiée” (simplified joint-stock company), having its registered office at 7 Passage du Puits Bertin -92110 CLICHY, registered with the RCS of Nanterre under the number 818 830 275 ("Datakalab" or "we").
This privacy policy (the "Policy") has been designed to provide you with a simple and concise overview of the ways in which your personal data will be processed and the rights you have in relation to such processing. 
Datakalab processes personal data under Article 1.1. of the Policy: ● Internet users browsing its website https://www.datakalab.com (the "Site");● People sending a contact request;● People applying;● From its clients;● Professional prospects; ● Voluntary panelists;● People passing by anintelligentcounting device; ● Persons exercising their rights under Article 6 of the Policy. 

To find out how Datakalab processes and protects your personal data in the context of its mask detection activity in transport, please refer to the Mask Detection Policy. 
To know and exercise your rights, please refer to article 6 of the Policy. 
The respect of your privacy and your personal data is a priority for Datakalab, which undertakes to process your data in compliance with the French Data Protection Act of 6 January 1978 as amended and the General Data Protection Regulation (EU) of 27 April 2016 (hereinafter "DPSR" and, together, the "Applicable Regulations").
All capitalized terms not defined in the Policy shall have the meaning given to them in the Applicable Regulations. 
Datakalab reserves the right to modify or update the Policy at any time. Any change or update will be effective immediately as soon as it is published on the Site. In the event that these changes are significant, Datakalab will inform you and seek your consent if required by Applicable Regulations.

1. The Processing of your personal data

Within the framework of its activities, Datakalab acts, as the case may be, as: ● Processing Manager; ● or Subcontractor.
1.1. Datakalab responsible for Processing
Datakalab acts as an autonomous Data Controller for the processing of personal data:   ● Internet users browsing the Site;● People sending a contact request;● People applying;● From its clients;● From his prospects; ● Persons wishing to exercise their rights as provided for in the Applicable Regulations.

1.2. Datakalab subcontractor
Datakalab acts as a Subcontractor for the Processing of Personal Data: 
Voluntary panelists ;People passing by an intelligent counting device. 
As far as possible, Datakalab, as Subcontractor, shall assist the Processing Manager in responding to the requests of the Persons Concerned. 
In order to inform you as well as possible on the Treatments you are subject to and on Datakalab's activity, the table below is provided for your information. We recommend that you consult the Privacy Policy of the Data Controller. 

2. Sharing data

We understand the importance of your personal data. 
When Datakalab acts as Data Controller, your personal data may only be disclosed to the following recipients or categories of recipients, within the limits of their respective attributions and insofar as such disclosure is strictly necessary to fulfil the purposes set forth in the Policy: ● Datakalab's authorised personnel;● The hosting and maintenance service providers of the Site;● Providers of server hosting, email management, sales process management, office automation. 
List of Datakalab service providers (to date) who may have access to certain data concerning you:● Amazon (AWS); ● Weblium;● Mailchimp;● Pipedrive; ● Google Suits.
When Datakalab acts as a Subcontractor, your personal data is processed in real time by algorithms, and no image storage is performed. The data are anonymised in real time on the local computer's RAM, aggregated as they are collected, in order to avoid any risk of individualisation. Consequently, neither Datakalab nor any other company or person has access to your image apart from our algorithms. Only the anonymised (non-identifying) data are accessible to Datakalab and to the Data Controller, who may then make public use of the anonymised and aggregated data in the form of statistics for transparency and information purposes.

3. The transfer of data outside the Community area

Some of Datakalab's service providers are likely to transfer your personal data outside the European Union. 
In the event that transfers take place, Datakalab undertakes that the recipient is located in a country benefiting from an adequacy decision of the European Commission or that measures are put in place to ensure that Users' personal data transferred to these countries benefit from adequate protection in accordance with the provisions of the DPMR.

4. Data Security

Datakalab takes care to protect and secure your personal data to ensure their confidentiality and to prevent them from being distorted, damaged, destroyed or disclosed to unauthorised third parties.
Datakalab implements technical and organisational measures to ensure that personal data is kept in the most secure manner possible and for the time necessary to carry out the purposes pursued, in accordance with applicable law. 
Datakalab products are designed taking into account the principles of minimisation and data protection from the design stage and by default (privacy by design and privacy by default). Consequently, only relevant, adequate information is collected and limited to what is necessary for the purposes for which it is processed.
When Datakalab processes your image as a Subcontractor, it is anonymised at very short notice: that is to say, it is transformed in real time into a line of completely anonymous (non-identifying) data. These data are stored and aggregated as they are processed on the local computer's RAM before being sent to Datakalab's secure servers. This strict process of image anonymisation and data aggregation makes it impossible to identify you directly or indirectly. 
Although Datakalab takes all reasonable measures to protect your personal data, no transmission or storage technology is completely infallible.
In accordance with the applicable law, in the event of a proven breach of personal data that may generate a risk to the rights and freedoms of the data subjects, Datakalab undertakes to communicate this breach to the competent supervisory authority and, where required by the said regulations, to the data subjects (individually or generally as the case may be).

5. Cookies

During your browsing on the Site, Datakalab is likely to deposit and use cookies on its electronic communications terminal. 
Cookies are small text files composed of letters and numbers that are automatically saved on the electronic equipment (computer, smartphone, tablet, etc.) of an Internet user each time he or she visits a website.
In particular, these cookies enable Datakalab to access by electronic transmission information already stored in the Internet user's equipment and to enter information. This means that the Internet user's choices can be tracked during each visit to the Site in order to facilitate navigation and offer a better browsing experience. Depending on their function and the purpose of their use, cookies may be subject to the prior consent of the Internet user. 
Datakalab does not place any cookies on its Site without your prior consent. 
To consult the complete list of cookies used on the Site and their duration, please consult the following page: https://weblium.com/cookie-policy.
In practice, Datakalab uses : 
● Technical cookies are strictly necessary for the proper functioning of the Site and the improvement of its functionalities and performance. These cookies are activated in response to actions that you carry out and which correspond to a request for services, such as connecting or filling in forms. These cookies are used without your prior consent in accordance with current legislation. However, if you wish, they may be deactivated in the manner described below, it being specified that their deactivation may lead to difficulties in the use and navigation of the Site and may prevent access to certain functionalities.
● Cookies are intended to facilitate and personalise your browsing on the Site, which collect information and make it possible to improve your browsing on the Site and to modify the interface, such as for example by returning the language preference. This type of cookie is also used to store a web user's decision on the use of cookies on the Site. These cookies are used without your prior consent in accordance with current legislation. However, if you wish, they can be deactivated in accordance with the terms below, it being specified that their deactivation may lead to difficulties in the use and navigation of the Site and may prevent access to certain functions. 
Cookies will be kept for a maximum of 24 months from the time they are inserted in your browser. 
To find out more about the cookies used by Datakalab, you can go to the following page: https: https://weblium.com/cookie-policy
Our website may also involve the use of third party cookies for the Google reCAPTCHA service. 
Google reCAPTCHA is a service developed by Google that distinguishes human individuals from robots (bots). We use this technology to protect certain forms on our Site from robots that scan the web and send spam or phishing messages.
This service uses a number of third-party cookies managed by Google, a list of which can be found here: https://policies.google.com/privacy?hl=en. 
How to accept or refuse cookies?
It is possible to configure your browser so that cookies are saved in the terminal or rejected, either systematically or according to their issuer, or to be informed when a cookie is saved in the terminal, so that you can accept or reject it.
However, the deletion of all cookies used by the browser, including those used by other websites, may lead to the alteration or loss of certain settings or information.
The configuration of each browser is different. It is up to you to follow the instructions of your browser's editor as follows (links available at the time of updating this page):
● If you are using Internet Explorer: here ● If you use Safari: here● If you use Chrome: here ● If you use Firefox: here 
To find out more about cookies and their impact, we invite you to consult the "Maîtriser mes données" section of the CNIL website: https://www.cnil.fr/fr/maitriser-mes-donnees. 

6. Your rights

6.1. List of your rights
Subject to the conditions set out in the Applicable Regulations, you have the following rights with regard to your personal data:
● Right to information on the processing of your personal data Datakalab strives to provide you with concise, transparent, comprehensible and easily accessible information, in clear and simple terms, on the conditions of the Processing of your personal data. 
● Right of access, rectification and deletion (or "right to forget") of your personal data
The right of access enables you to obtain confirmation from Datakalab whether or not your personal data are processed by us and the conditions of such processing, as well as to receive a copy of them (Datakalab is entitled to demand the payment of any reasonable fee based on the administrative costs incurred). Where this request is made by electronic means, the information shall be provided in a commonly used electronic form, unless you request otherwise.
You also have the right to obtain from Datakalab, as soon as possible, the rectification of your personal data that is inaccurate or incomplete. 
Finally, subject to the exceptions provided for by the applicable law, you have the right to ask Datakalab to delete your personal data as soon as possible, when one of the following reasons applies:- your personal data is no longer necessary for the purposes for which it was collected or otherwise processed;- you wish to withdraw your consent to the processing of your personal data if necessary, and there is no other basis for such processing;- you consider and can establish that your personal data have been unlawfully processed;- your personal data must be deleted by virtue of a legal obligation.
● Right to limit the processing of your personal data
The applicable regulations provide that this right may be invoked in certain cases, in particular the following: - when you dispute the accuracy of your personal data, such data processing may be limited for the time necessary to verify its accuracy;-when you consider and can establish that the Processing of personal data is unlawful but you object to the deletion of personal data, in this situation you may instead require the limitation of the Processing;- when Datakalab no longer needs your personal data but they are still necessary for the establishment, exercise or defence of your rights in court;- when you object to the Processing which is based on the legitimate interest of the Controller, during the verification as to whether the legitimate reasons pursued by the Controller prevail over yours.
● Right of opposition, including to prospecting
You may object at any time to the Processing of your personal data for reasons relating to your particular situation. No further processing of your data will be carried out unless there are legitimate and compelling reasons for such processing, which take precedence over your interests and rights and freedoms, or reasons related to the establishment, exercise or defence of legal rights. 
When the Processing is for canvassing purposes, your right of opposition is absolute, you can oppose this Processing at any time. 
When your image is processed by an intelligent counting device, Datakalab has integrated into its technology an opposition right that can be exercised in two ways: 
● by nodding "no" to the device: as soon as a person nods "no", their data will be automatically deleted from the local hard disk (the line of anonymised data being written is automatically deleted). More precisely, when a person appears in the video stream captured by the camera, the algorithm estimates the orientation of their head: - If the orientation is more than +/- 25 degrees the algorithm initiates the counter;The algorithm increments the counter each time the person has an angle of +/- 25 degrees of opposite sign ; - If this counter passes 3, which is equivalent to making 3 lateral movements of the head of +/- 25 degrees, the algorithm considers that the person does not want to participate in the study and excludes him/her before aggregation. 
OR
● by scanning the QR code displayed near the counting device, using your smartphone. In order to add to the effectiveness of the right of opposition, a QR code (a two-dimensional barcode made up of black modules arranged in a square with a white background) is systematically displayed in the immediate vicinity of the smart counting device. You can scan the QR code by opening the camera of your smartphone. The line of anonymised data being written is automatically deleted.
● Right to portability of personal data
When the Processing is based on your consent or a contract, this right of portability allows you to receive the personal data you have provided to Datakalab in a structured, commonly used and machine-readable format, and to transmit these personal data to another Processing Manager without Datakalab obstructing it.
Where technically possible, you may request that these personal data be directly transmitted to another Data Controller by Datakalab.
● Right to withdraw consent to the processing of personal data
When Datakalab processes your personal data on the basis of your consent, this may be withdrawn at any time. On the other hand, and in accordance with the applicable law, the withdrawal of your consent is only valid for the future and therefore does not call into question the lawfulness of the Processing carried out prior to this withdrawal.
● Right to lodge a complaint with a supervisory authority
If, despite Datakalab's efforts to preserve your personal data, you feel that your rights are not being respected, you have the right to lodge a complaint with a supervisory authority. A list of supervisory authorities is available on the European Commission's website.
In France, the competent supervisory authority is the Commission Nationale de l'Informatique et des Libertés: https://www.cnil.fr/en/plaintes. 
● Right to decide what happens to your personal data after your death
Finally, you have the right to organise the fate of your personal data post-mortem by adopting general or specific guidelines. Datakalab undertakes to respect these directives.
In the absence of directives, Datakalab recognises the possibility for heirs to exercise certain rights, in particular the right of access, if necessary for the settlement of the deceased's estate; and the right to oppose the closure of the deceased's user accounts and to object to the Processing of his or her data.

6.2. Exercising your rights
For any questions relating to this Privacy Policy and/or to exercise your rights as described above, you may contact Datakalab, either electronically or by post, by sending a letter together with a copy of any identity document to :
Mr Lucas Fischer, DPO Datakalab at moc.balakatad%40olleh
Datakalab undertakes to reply to you as soon as possible, and in any event within one month of receipt of your request. 
If necessary, this period may be extended by two months, taking into account the complexity and number of requests addressed to Datakalab. In this case, you will be informed of this extension and the reasons for the postponement.
If your application is submitted in electronic form, the information will also be provided to you electronically where possible, unless you expressly request otherwise.
You may be asked to provide proof of identity in case of serious doubt about your identity.
If Datakalab does not comply with your request, it will inform you of the reasons for its inaction and you will have the possibility to lodge a complaint with a supervisory authority and/or to lodge an appeal with the courts.

7. Modification of the Privacy Policy

Datakalab reserves the right to modify or update the Policy at any time. Any change or update will be effective immediately as soon as it is published on the Site. In the event that these changes are significant, Datakalab shall inform users and seek their consent if required by Applicable Regulations. 

8. Applicable law

This Policy is subject to French law. 
In the event of a dispute and in the event that an amicable agreement cannot be reached, the competent court will be the one determined according to the applicable rules of procedure.