Article 1 — Data controller
The controller responsible for the processing of personal data collected through the Application is YUPGRADE, SARL, SIRET 914 456 694 00019, whose registered office is located in Guadeloupe, an Outermost Region of the European Union. The General Data Protection Regulation (GDPR) therefore fully applies to the processing carried out by YUPGRADE.
Article 2 — Data collected
As part of using the Application, the following data is collected:
- Email address (at the initial capture stage);
- All first names and birth surname, date of birth, usual name (nickname), and, where applicable, spouse’s name;
- Preferred language (French, English or Spanish);
- For the Compatibility feature only: a third party’s first name or nickname, date of birth and gender, entered by the user (see Terms of Use, Article 5);
- Transaction data (product purchased, date, payment status) — banking data itself is never collected or stored by YUPGRADE, being processed directly by Stripe;
- Anonymous traffic data, described in article 9 (audience measurement).
Article 3 — Purposes of processing
The data collected is used exclusively to:
- Calculate and generate the Application’s personalized content;
- Manage the user’s purchases and subscriptions;
- Maintain the relationship with the user (support, complaints);
- Send the portrait preview by email when the user requests it, and send her MOXIE’s communications where she has expressly consented to them;
- Comply with YUPGRADE’s legal and accounting obligations.
Data is never used for unsolicited commercial prospecting, nor transferred or sold to third parties for advertising purposes.
Article 4 — Legal basis for processing
The processing of data is based on the performance of the contract between YUPGRADE and the user (provision of the requested service), as well as, where applicable, the user’s explicit consent (notably for a third party’s data within the Compatibility feature, and for sending the preview by email together with MOXIE’s communications, obtained by means of a checkbox unticked by default) and YUPGRADE’s compliance with its legal obligations.
Article 5 — Retention period
Profile data (name, date of birth, language) is retained for the entire duration of active account use, and deleted upon the user’s request (see Article 7, right to erasure). Transaction data (product purchased, date, payment status, proof of waiver of the right of withdrawal) is retained for 10 years from the date of the transaction, in accordance with the legal obligation to retain accounting records under Article L123-22 of the French Commercial Code (Code de commerce).
The email address provided in order to receive the preview and MOXIE’s communications is retained for three years from the last contact, then deleted. Unsubscribing, possible at any time via the link included in every email, immediately removes the address from the mailing list.
Article 6 — Data recipients
Data is hosted and processed by the following technical service providers, strictly within the scope of providing the service:
- Vercel Inc. (hosting of the Application and audience measurement, see article 9);
- Stripe (payment processing);
- Brevo, a simplified joint-stock company registered with the Paris Trade and Companies Register under number 498 019 298, whose registered office is at 106 boulevard Haussmann, 75008 Paris (email delivery and mailing list management). Brevo’s own policy provides for the possibility of transferring data to a country outside the European Union; the safeguards governing such transfers are described in that policy;
These providers use the data transmitted only for the performance of the services they provide to YUPGRADE, in accordance with their own privacy policies, available on their respective websites.
Article 7 — Rights of individuals
In accordance with the GDPR, every user has a right of access, rectification, erasure, restriction, objection and portability regarding her personal data. These rights may be exercised by writing to: contact@yupgrade.academy.
The user also has the right to lodge a complaint with the Commission Nationale de l’Informatique et des Libertés (CNIL), the competent supervisory authority.
Article 8 — Security
YUPGRADE implements reasonable technical and organizational measures to protect personal data against loss, alteration or unauthorized access.
Article 9 — Audience measurement
The site and the Application use the audience measurement tool Vercel Web Analytics, provided by Vercel Inc., which also hosts the Application. This tool allows YUPGRADE to know how often pages are visited and where visits come from, for statistical and internal purposes only.
This tool uses no cookies and stores no information on the user’s device. Visits are attached to a fingerprint computed from the incoming request, which is not kept beyond twenty-four hours. The data collected makes it impossible to identify the user or to reconstruct her browsing across other sites or applications.
The following information is recorded for each visit:
- The date and time of the visit;
- The address of the page viewed and, where applicable, the page the visit came from;
- The country, region and city estimated from the connection;
- The device type, operating system and browser used, together with their version.
This data is not cross-referenced with the other processing described in this policy, is not used to build a profile of the user, and is not passed to any third party for advertising purposes.
Article 10 — Special case of third-party data
As specified in Article 5 of the Terms of Use, data concerning a third party entered through the Compatibility feature is entered under the sole responsibility of the user, who declares that she has the consent of the person concerned. YUPGRADE has no direct means of verifying this consent and relies on the user’s active declaration at the time of entry.
Governing Law and Jurisdiction
These Terms of Use, Terms of Sale and Privacy Policy are governed by French law. In accordance with Article L612-1 of the French Consumer Code, every consumer has the right to have recourse, free of charge, to a consumer mediator with a view to the amicable resolution of a dispute.
The consumer mediator appointed by YUPGRADE is CM2C, Centre de Médiation de la Consommation de Conciliateurs de Justice, 49 rue de Ponthieu, 75008 Paris, France — www.cm2c.net.