A GESTURE TO BUILD HUMANS

A GESTURE TO BUILD HUMANS

Personal data protection charter

  1. PURPOSE

When using the Services of the website accessible at the following address: www.baoformation.fr, the contact details of which are detailed in Article 2 below, BAO Formation collects personal data from the Users (the “Personal Data“).

The purpose of this Privacy Policy (hereinafter the “Policy“) is to inform the Users of the use made by BAO Formation of the Personal Data. This use is made in compliance with the Law n° 78-17 of January 6, 1978 relating to data processing, files and freedoms, modified by the Law n°2004-801 of August 6, 2004 and by the Law n° 2018-493 of June 20, 2018 (the “Data Protection Law“) and, the Directive of July 12, 2002 modified by the Directive 2009/136/EC (the “ePrivacy Directive“) and, the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such personal data (the “GDPR“), and any national transposition text or any subsequent text that would succeed them (together the “Applicable Regulation“).

The Charter may be modified at any time by BAO Formation in order to comply with any legislative, regulatory, jurisprudential, editorial or technical changes. The Users must therefore refer to the latest version of the Charter before any navigation.

  1. DEFINITIONS

The terms “personal data” (“Personal Data“), “Processor/Processing“, “Processor“, “Subprocessor“, “Recipient(s)“, “Consent“, have the same meaning as set forth in Article 4 of the GDPR.

User(s)” means any natural person accessing the site without having created a Member Account, and using only certain features of the site;

Third Party” means any natural or legal person who is not a Member of BAO Formation;

Services” refers to all or part of the services offered by BAO Formation on its site;

Site” refers to the website published by BAO Formation and the Services available at the address or any other site related to the Services.

  1. PURPOSES AND CONTROLLER OF PERSONAL DATA

Your privacy and the protection of your Personal Data are of utmost importance to us. This is why BAO Formation processes your Personal Data, in compliance with the Applicable Regulations, for the following purposes

  • to contact Users and to manage the relationship with Users
  • to inform the Users about news, events and other activities related to the social purpose of BAO Formation;
  • to offer Services related to the activities of BAO Formation and the sector it represents;
  • to consult and keep the information related to the navigation on the site that may be recorded in “cookies” files (defined in Article 9 below).

For these purposes only, the person in charge of processing Personal Data is the departmental association of popular education and outdoor activities BAO Formation – SIREN N° 483467684 whose address is: Fort Saint-Nicolas 1, bd Charles-Livon 13007 Marseille whose contact details can be found in Article 10 below.

  1. WHAT PERSONAL DATA IS COLLECTED, FOR WHAT PURPOSES?

When collecting Personal Data, the User will be informed whether certain Personal Data must be filled in or whether they are optional. If the User does not provide the Personal Data that must be collected, access to certain features of the Services will be impossible. BAO Formation may collect the following categories of Personal Data:

  • Name, first name and e-mail address in order to receive the newsletter of BAO Formation. The declaration of Consent requires the voluntary transmission of this information by the User in each of the fields provided for this purpose in the Newsletter Sending Form. The User has the possibility, at any time, to refuse the sending of newsletters by the corresponding link in the newsletter or by sending a message. The e-mail address will then be deleted from the BAO Formation distribution list.
  • The name, first name and e-mail address in order to get in touch with a contact person of BAO Formation. The declaration of Consent requires the voluntary transmission of this information by the User in each of the fields provided for this purpose in the Contact Form.

Any other information constituting Personal Data in the sense of the Applicable Regulations voluntarily provided in the part “Leave your message” of the Contact Form, the spontaneous application form and by any other appropriate means.

Navigation data as detailed in Article 9 below.

  1. RECIPIENTS OF PERSONAL DATA

The database of Personal Data collected during your use of the Services is strictly confidential. BAO Formation undertakes to take all useful precautions, organizational and technical measures appropriate to preserve the security, integrity and confidentiality of the Personal Data, and in particular to prevent them from being distorted, damaged or accessed by unauthorized third parties.

 

5.1 Data transferred to public authorities and/or bodies

In accordance with the Applicable Regulations, Personal Data may be transferred to competent authorities upon request and in particular to public bodies, exclusively to meet legal obligations, judicial officers, ministerial officers and bodies responsible for collecting debts.

5.2 Data accessible to Third Parties

The Personal Data may be used by BAO Formation, its Subcontractors, the joint Processors, its affiliates and/or, if applicable, its partners, for the purposes described in Article 3 above.

  • BAO Formation’s authorized personnel by virtue of their functions, the services in charge of control (auditor in particular) and BAO Formation’s subcontractors will have access to the Personal Data collected in the context of the use of the Services;
  • BAO Formation’s partners who assist BAO Formation in providing the Services;
  • Social networks: if the User has an account on social network sites and accesses the Services, these may include plugins such as “Like” buttons or sharing or redirection buttons, allowing the publication of content of the Services on social networks. Where applicable, the social networks concerned may receive information relating to the use of the Services by the User.

5.3 Transfers outside the European Union

The Personal Data of the User may be processed outside the European Union, including via remote access. BAO Formation undertakes not to carry out any transfer of Personal Data outside the European Union without implementing appropriate safeguards in accordance with the Applicable Regulations.

  1. THE USER’S RIGHTS

Subject to an express request and proof of identity to BAO Formation, the User has a right of access, rectification and opposition to their Personal Data, as well as a right to erasure, under the conditions of the Applicable Regulations, by contacting BAO Formation at the e-mail address mentioned in Article 10 below.

In case of exercise of the right to object, BAO Formation will cease the Processing of the Personal Data, except in case of legitimate and compelling reason(s) for the Processing, or to ensure the establishment, exercise or defense of its legal rights, in accordance with the Applicable Regulations. If necessary, BAO Formation will inform the User of the reasons why the rights exercised cannot be satisfied in whole or in part.

Subject to an express request and proof of identity to BAO Formation, the User also has the right to recover their Personal Data in a structured, commonly used and machine readable format in order to transmit them to another Data Controller.

The User has the right to provide BAO Formation with instructions on what to do with their Personal Data after their death.

If necessary, BAO Formation will inform the User of the reasons why the rights he/she exercises cannot be satisfied in whole or in part.

 

  1. RETENTION PERIOD OF PERSONAL DATA

The Personal Data of the Users are not kept beyond the duration strictly necessary for the purposes pursued as stated in Article 3 above, in accordance with the Applicable Regulations.

In particular:

  • Personal Data collected to manage requests to object to the Processing are stored for a maximum of 5 (five) years from the closing of the objection request ;
  • Personal Data Processed to manage requests for access and rectification of Personal Data are stored for a maximum period of 5 (five) years from the closing of the requests;
  • The Personal Data related to the management of interactions with BAO Formation’s interlocutors (in particular through the “Contact” section) are kept for a maximum period of 3 (three) years from the last interaction initiated by the User.
  • The Personal Data may be archived beyond the time limits described above insofar as they are necessary for the purposes of research, the establishment and prosecution of criminal offences with the sole aim of making the Personal Data available to the judicial authorities, or for other conservation obligations, in particular for accounting or tax purposes. Archiving implies that this Personal Data will be subject to access restrictions and will be stored on a secure, independent medium.
  1. SECURITY

In accordance with the Applicable Regulations, BAO Formation treats the Personal Data in a secure and confidential manner.

In particular, BAO Formation implements all the technical and organizational measures necessary to guarantee the security and confidentiality of the Personal Data collected and Processed, and in particular to prevent them from being distorted, damaged or communicated to unauthorized third parties, by ensuring a level of security adapted to the risks linked to the Processing and to the nature of the Personal Data to be protected, taking into account the level of technology and the cost of implementation.

BAO Formation cannot however guarantee the confidentiality of the Personal Data made public by the User in the public parts of the Site and the Services.

The Site may include links to external websites or sources. The User acknowledges that the Charter only applies to the Services and the use of the Site, and does not cover in any way the information collected and/or Processed on the external sites or sources, whose link appears on the Site. Consequently, BAO Formation cannot be held responsible for the practices of these external sites or sources in terms of collection and Processing of Personal Data, which are governed, if necessary, by the personal data policies of each of these external sites or sources.

  1. COOKIE POLICY

9.1 What is a cookie ?

Among the Personal Data, BAO Formation collects data resulting from the deposit of cookies.

A cookie is a small text, image or software file that is placed and stored on the User’s computer or smartphone, as well as on any device that allows them to browse the Internet

(“Terminal“).

Very useful, cookies allow a website to recognize the User, to indicate their passage on a particular page and to provide them with an additional service: improving their browsing comfort, securing their connection or adapting the content of a page to their interests.

The information recorded by the cookies, for a limited period of validity, concerns in particular the pages visited, the advertisements on which the User has clicked, the type of browser they use, their IP address, the information they have entered on the Services (in order to avoid re-entering it).

Cookies are not active files, and therefore cannot harbor viruses. For more information, please visit www.allaboutcookies.org.

 

9.2 What is the purpose of the cookies issued on the Sites?

Only the issuer of a cookie is likely to read or modify the information contained therein.

Cookies are used for the purposes described below, subject to your choices, which you may express and modify at any time via the settings of the browser software used when browsing the Sites (hereinafter “Cookies“).

9.2.1 Browsing Cookies

Browsing Cookies allow BAO Formation to improve its performance in order to provide a better use of the Site. These Cookies do not require the User’s information or their prior consent to be deposited on the Terminal.

The navigation cookies allow :

to adapt the presentation of the Sites to the display preferences of the Terminal (for example, language used, display resolution, operating system used, etc.) during Users’ visits to the Site, according to the hardware and viewing or reading software that the Terminal has;

to memorize the preferences of use, the display parameters and readers that the Users use in order to facilitate their navigation during their next visit to the Sites. In particular, they allow access to a reserved area subject to an identifier or a password;

To memorize the information entered on certain forms present on the Site in order to avoid having to fill them in again during their next visit.

9.2.2 Statistical cookies

In order to adapt the Sites to the needs of the User, BAO Formation measures the number of visits, the number of pages consulted as well as the activity of the User on the Sites and the frequency of return. These Cookies allow BAO Formation to establish statistics for the analysis of the frequentation from which the contents of the Sites are improved according to the success met by such or such page with the Users.

The results of these analyses are processed anonymously and exclusively for statistical purposes.

 

9.3 Duration of validity of Cookies

The Cookies issued on the Sites are session Cookies (the duration of which is limited to the time of a connection to the Sites) and persistent Cookies (the duration of which, however, is limited and is longer than the duration of a connection).

Session Cookies are only active for the time of the visit and are deleted when the User closes his or her browser. Persistent Cookies remain stored on the hard disk of the User’s Terminal or once the browser is closed.

In accordance with the Applicable Regulations and the recommendations of the Commission Nationale Informatique et Libertés (“CNIL“), Cookies are kept for a maximum period of 13 (thirteen) months after their first deposit. At the end of this period, the User’s Consent must be collected again for the collection of Cookies subject to Consent.

9.4 Your choices concerning Cookies

All the rights recognized in Article 6 above are also applicable to the User.

Several possibilities are offered to them to manage Cookies. The User understands that Cookies improve the comfort of navigation on the Sites and are essential to access certain secure areas. Any settings that the User may undertake may modify his navigation on the Sites and his access conditions to certain services requiring the use of Cookies. BAO Formation cannot be held responsible for the consequences of a less efficient functioning of the Sites due to the impossibility of installing or reading the Cookies necessary for their proper functioning, once the User has rejected or deleted them.

Users may configure their browser software so that Cookies are saved in their Terminal or, on the contrary, rejected, either systematically or according to their sender. Users can also configure their browser software so that acceptance or rejection of Cookies is offered to them from time to time, before a Cookie is likely to be recorded on their Terminal.

The help menu or the dedicated section of your browser will allow you to know how to express or modify your preferences regarding Cookies:

For Internet Explorer™: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies

For Safari™: https://support.apple.com/fr-fr/guide/safari/sfri11471/mac

For Chrome™: http://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647

For Firefox™: http://support.mozilla.org/fr/kb/Activer%20et%20d%C3%A9sactiver%20les%20cookies

For Opera™: https://help.opera.com/en/latest/web-preferences/#cookies

For iOS™: https://support.apple.com/fr-fr/HT201265

For Android: https://support.google.com/accounts/answer/61416?co=GENIE.Platform%3DAndroid&hl=fr

For Blackberry: https://global.blackberry.com/fr/legal/cookies

For Windows Phone : https://support.microsoft.com/fr-fr/help/17442/windows-internet-explorer-delete-manage-cookies

For a better knowledge and control of the Cookies of any origin and not only those of our Site, the User is invited to consult the site Youronlinechoices, published by the Interactive Advertising Bureau France (IAB) in order to know the companies registered with this platform and which offer the possibility of refusing or accepting the Cookies used by these companies to adapt the navigation information and the advertisements likely to be displayed on the Terminal http://www.youronlinechoices.com/be-fr/controler-ses-cookies

  1. CONTACT AND COMPLAINTS

For any request or in case of dispute between BAO Formation and the User, concerning the Processing of his Personal Data, the User can address his request or their complaint to BAO Formation at the following e-mail address: contact-rgpd.culture@groupe-sos.org.

BAO Formation will try to find a satisfactory solution to ensure compliance with the Applicable Regulations.

In the absence of a response from BAO Formation or if the dispute persists despite BAO Formation’s proposal, the User has the possibility to lodge a complaint with the CNIL or the supervisory authority of the Member State of the European Union in which the User usually resides and to mandate an association or organization mentioned in IV of article 43 ter of the amended law n°78-17 of January 6, 1978.