Privacy Policy

 Customer / Prospect Privacy Policy

Hivency

 

Version of 12/12/2018

Preamble

 

The purpose of this privacy policy (“Privacy Policy”) is to inform prospects, Creatives (“Creatives”), customer brand contacts (“Brands”) and suppliers about Hivency’s processing of personal data (“Data”) and their rights as such in the context of its contractual relationship with its prospects, Creatives, Brands and suppliers.

 

The Privacy Policy is accessible from the website www.hivency.fr (the “Site”) and in any case it is accessible by any prospect, Influencer, Brand and supplier when registering on the Site or before entering into a contract with Hivency.

 

It may be modified to take into account in particular the evolution of the processing of the Data implemented and the applicable legislation, the old version is archived and remains accessible to users. Thus, our suppliers, prospects, Creatives and Brands are invited to read any new version made available by Hivency.

 

 

  1. The controller and the persons concerned by this Privacy Policy

 

Hivency is the data controller, as a professional offering Creatives and Brands to collaborate in order to increase the visibility of the Brand’s products through Creatives’ accounts on social networks. In this capacity, Hivency is subject to the obligations imposed by the regulations in force in France and in the European Union concerning personal data, in particular Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (“RGPD”).

 

The persons concerned by the processing of the Data are suppliers, prospects, Creatives and Brands, including in particular Internet users browsing the Site (“Users” or “You”).

 

  1. Definitions of the terms

 

The term “personal data” refers to any information that can identify a person directly such as surname and first name or indirectly such as an IP address, social security number or personnel number (the “Data”).

 

Data processing refers to any operation carried out or contemplated directly or indirectly with the Data, such as collection, recording, organisation, storage, storage, modification, consultation, use, transmission, distribution or any other form of making available, matching or interconnection, limitation, or destruction, etc.

 

  1. Data collected and processed

 

Data You Provide to Us

 

Hivency collects Data directly from its prospects, Creatives and Brands, via forms accessible from the Site,  from your mobile devices , or directly by Hivency via the Creatives’ public accounts on the various social networks. This Data is updated directly with the Users. As such, Users undertake to communicate to the marketing/customer service any update of said Data without delay.

 

In addition, email exchanges may be recorded and stored in order to improve the quality of our customer service and to train our employees.

 

Supplier Data is also collected during contact and during the execution of the contract between the supplier and Hivency.

 

Data obtained by third parties

 

Data may also be provided indirectly, in particular through a secure connection to Application Performing Interfaces (APIs) such as Google, Twitter or Instagram. Hivency also uses Youtube’s API services. The privacy policy of these Youtube and Google services can be found at the following link: http://www.google.com/policies/privacy

 

Hivency collects data through cookies, in particular through the services provided by Google for the behavioural data of Internet users collected through the use of Cookies and/or tracking devices, and data captured by our advertising partners such as the Adroll group (see their privacy policy here: https://www.adrollgroup.com/privacy), Linkedin, and Facebook. For more information about Cookies, we invite you to read the Cookie Policy on https://www.hivency.com/cookie-policy/.

 

 

We may also receive Data about you through banking or credit institutions. In this case, we update your Data in our database.

 

Data concerning third parties that You provide to us

 

In the event that you transmit Data relating to another person to us (e.g. in the context of a recommendation), you guarantee that, you have the authority to consent to the processing of Data on their behalf, you receive in their name all correspondence relating to their Data, and if necessary, you consent in their name to the transfer of their Data abroad.

 

We do not voluntarily collect Data relating to minors under 15 years of age, however, if you are a parent or legal guardian of this minor and you believe that we hold Data relating to this minor, you may obtain the deletion of the Data after having proven your identity and legal authority over the minor.

 

  1. Basis of the processing operations

 

When the Data of a prospect, Creative, Brand or supplier are processed by Hivency, only the Data necessary for the purposes of processing are processed.

 

The grounds on which these processing operations are based are as follows:

(i) compliance with a legal obligation;

(ii) the performance of the contract;

(iii) the legitimate interest;

(iv) your consent.

 

In addition, Data whose collection is mandatory are identified as such (e.g. by an asterisk in the forms).

 

  1. Summary table of purposes, Data processed, basis of processing, storage period

 

The table below summarizes all data processing operations, specifying for each purpose: the Data concerned, and the persons/services accessing the Data.

 

 

 

 

 

 

prospects
Context of the collectionType of DataPurposes of the processing operationPerson/Services having access to the Data
Creation of a database of “prospects” and subscription to commercial emails in the form of newsletters and other email marketing offers (if opt-in)

● E-mail address

● Surname

first name

● Job title

● Industry

● Company name

● No. of Employees

● Country

● Identification on social networks

● Browsing data (cookies)

● Content requested

● Contact for the service proposal

● Contact for commercial offers

● Sales manager

● Marketing Manager

 

 

 

Brands (Brands)
Context of the collectionType of DataPurposes of the processing operationPerson/Services having access to the Data
Provision of the service

● Surname and first name

● Professional e-mail address

● Telephone number

● Professional postal address

● Function

● Invoices

● Drawing up a contract

● Provision of access to the brand account area of the site

● Invoice preparation

● Sales manager
Litigation management● See box above●   Collect and process data relating to delays and non-payment of brand in order to prepare, take and monitor a recovery action or legal remedy and, if necessary, enforce the decision rendered

● Hivency’s management

● Third parties (bailiffs, collection company, lawyer)

Audit / acquisitionAll Data

● Audit by potential investors, buyers, purchasers

● Control of the correct application of our processes

● Verification of the processing of Data from the Trademarks database

● External service provider

● Potential buyer

Brand Relationship ManagementAll Data

● Management of the end of the contract (e.g. reimbursement of overpayments…)

● Recording of email exchanges

● Commercial offer and discount

● Survey on the quality of services

● Sales manager

● Customer Success manager

● Onboarding manager

● Accounting service provider

 

 

 

Creatives (Influencers)
Context of the collectionType of DataPurposes of the processing operationPerson/Services having access to the Data
Provision of the service

● Surname and first name

● Gender, age

● Preferred brands, leisure, business

● E-mail address

● Telephone number

● Public data available on the account on social networks

● Mailing address

● Invoices

● Bank details

● Drawing up a contract

● Provision of access to the Creatives area of the Site

● Sends products of the Brand

● Sales manager

● Brands collaborating with the Creative

Online sales service● See box above● Offer an online sales service on the Site

● Sales manager

● Brands collaborating with the Creative

Litigation management● See box above● Collect and process data relating to breaches of obligations under the contract to prepare, initiate and monitor legal action or judicial remedy and, where appropriate, to enforce the decision rendered

● Hivency’s management

● Third parties (bailiffs, auctioneers, collection company, lawyer)

Audit / acquisitionAll Data

● Audit by potential investors, buyers, purchasers

● Controls of the correct application of our processes

● Verification of the processing of Data from the Creatives database

● Hivency’s management

● External service provider

● Potential buyer

Creative Relationship ManagementAll Data

● Management of the end of the contract (e.g. reimbursement of overpayments…)

● Recording of email exchanges

● Commercial offer and collaboration

● Survey on the quality of services

● Sales manager

● Customer Success manager

● Onboarding manager

● Accounting service provider

 

 

FOURNISSEURS
Context of the collectionType of DataPurposes of the processing operationPerson/Services having access to the Data
Provision of the service provision

● Surname and first name

● E-mail address

● Telephone number

● Contract

● Invoice and order form

● Drawing up a contract

● Realization and follow-up of the service provision

● Hivency’s management
Supplier litigation management● See box above● Monitor and handle disputes relating to the supplier contract

● Hivency’s management

● Legal Officer

● Third parties (bailiffs, lawyers…)

 

 

  1. Who can access your Data?

 

The Data collected are accessible within Hivency by the competent services in charge of managing the various processing operations concerned.

 

Access to the Data is strictly reserved for persons who need to have access to it as part of their mission within Hivency.

 

The above table specifies for each purpose the persons and services of Hivency likely to have access to the Data concerned by the processing in question.

 

  1. The recipients and transfers of this Data

 

For certain purposes, Hivency uses the services of subcontractors or service providers (e.g. those in charge of IS maintenance or in charge of administrative services such as accounting) such as IT service providers (e.g. hosting providers), SaaS solutions that require access to Data to perform the mission entrusted to them by Hivency, including some located outside France. In this case, Hivency imposes strong obligations on these contracting parties regarding the processing, confidentiality and security of the Data to which these service providers have access.

 

Hivency may also disclose the Data to third parties in certain specific cases:

▪ If Hivency intends to sell a business or assets (including by selling the business carrying on that business or owning those assets), the Data may be disclosed to the Purchaser and potential Purchasers in the course of an audit, including their advice.

▪ If all or part of Hivency’s assets are acquired by a third party, the Data will be one of the transferred assets. The Data will be processed by the acquirer who will act as the new controller and its Data Protection Policy will then govern the processing of the Data.

▪ If Hivency is required to disclose or provide access to the Data to comply with a legal obligation or court order, or to enforce or apply the service contract or any other circumstances that are accepted, or to protect the rights, property or safety of Hivency, its customers or employees;

▪ If the law authorizes this transfer by Hivency.

 

Hivency does not sell the Data to third parties.

 

  1. Data retention period

 

The Data (in particular those relating to contracts concluded with Hivency) are kept for a period of 5 years from the completion of the service, whether it concerns the completion of a service linked to Creators and Brands or for any service provided by a supplier. However:

– the Data of prospects or Creators are deleted within 3 years of their collection or the last contact with them,

– in pre-litigation matters: the Data are kept until the conclusion of a settlement agreement or, failing that, until the corresponding legal action is time-barred;

– in matters of judicial litigation: the Data are kept until the decision has the force of res judicata.

 

In general, the Data are only kept for as long as necessary to fulfil the purpose for which they were collected and in accordance with the recommendations of the CNIL and in compliance with legal obligations, in particular accounting and tax obligations.

 

In addition, anonymous data and data relating to Users may be stored without limitation as long as they do not contain any Data.

 

  1. Actions carried out on the Data

 

The following actions are performed on the Data:

▪ Data Collection and Recording

▪ Data organization or structuring

▪ Hosting or storage of Data via third party software,

▪ Data Consultation,

▪ Sorting (via a solution published by a third party),

▪ External archiving

▪ Communication of the Data by transmission, dissemination or any other form of making available to the services concerned

▪ Modification / consultation by customer service or marketing

▪ Deletion or destruction of Data

 

  1. The location of the Data and the security measures in place

 

All User Data is hosted by Amazon Web Services, located in the European Union, Ireland, in accordance with the rules applicable to this type of transfer.

 

Except in cases where the User is based abroad, no data is transferred to a third party located outside the European Union, except in cases where Hivency must have judicial documents served and/or executed (summons, judgment, seizure, etc.) abroad because the User resides outside the European Union. In this case, the User’s Data are transmitted to the authorities in charge of serving and/or executing the documents. In any event, Hivency ensures that the Data transferred is adequately protected in order to guarantee its security, integrity and confidentiality.

 

Hivency takes all necessary precautions to ensure the confidentiality and security of the Data and to prevent alteration, corruption or access by unauthorized persons. An information system security policy has been put in place. For example, access to your Data is limited and restricted only to persons/services that need to access it, this Data is stored on secure servers, bank data is also encrypted. Access to the Data requires the use of a username and password.

 

Nevertheless, the transmission of Data via the Internet is not without risk, therefore Hivency does not guarantee the security of Data transmitted via the Internet as long as Hivency has respected its security commitments.

 

  1. Exercise of rights

 

As part of the Data processing carried out by Hivency, Users have the right to:

 

▪ To obtain access / copy to their processed Data

▪ To obtain the rectification of the data

▪ To obtain the deletion of all or part of the Data when the Data, (i) are no longer necessary for the purposes for which they were collected, (ii) are based exclusively on consent, (iii) are the subject of an opposition request

▪ To oppose the processing of its Data

▪ To obtain the limitation of processing, temporarily, when the accuracy of the Data is disputed, when the User has objected to the processing, when the Data is no longer necessary for Hivency but is still necessary for the recognition, exercise or defence of legal rights

▪ To unsubscribe or object to the receipt of marketing messages at any time by clicking on the “unsubscribe” link in any email or communication sent by Hivency

▪ To withdraw its consent at any time in the case of processing based on consent

▪ To obtain the portability of its Data when the processing is based on consent and the processing is carried out using automated processes

▪ To provide guidance on the fate of their post-mortem data

▪ To file a complaint with the CNIL

 

To exercise his rights or any question relating to this Privacy Policy, the User may simply send a request to the following address: HIVENCY at 5 rue Pernell 75004, PARIS, or hello@hivency.com by attaching a copy of his identity document.