1.     Purpose of this charter

    As part of the execution of the services we offer and in particular, when using our programmatic campaign management platform, accessible at the address www.theprogrammaticcompany.com (hereinafter the "Platform"), we may be required to ask you to provide us with personal data concerning you, designating all data which makes it possible to identify an individual directly or indirectly.

    The purpose of this charter is to inform you of the means we use to collect and process your personal data, in the strictest respect of your rights.

    We inform you on this subject that we comply, in the collection and management of your personal data, with the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, in its version in force, as well as the General Data Protection Regulation No. 2016/679 of April 27, 2016 (hereinafter "GDPR").

    2.     Identity of the data collection and processing manager

    The person responsible for collecting and processing your personal data is The Programmatic Company, a simplified joint-stock company, registered with the Paris Trade and Companies Register under number 815 337 175, whose registered office is located at 26 rue Damrémont – 75018 Paris (referred to herein as “We”).

    3.     Nature of the data collected and processed

    As part of the provision of our services and access to the Platform, we collect the following data:

    • Information you provide to us

    For the proper performance of the services we offer, as well as for the monitoring of the relationships maintained with our customers, we collect the following data directly from you or from your employer:

    • Informations allowing your identification : surname, first name, e-mail address, telephone number, professional postal address.
    • Professional information to manage our contractual relationship with you: position held.
    • any information you choose to communicate to us in connection with the performance of the services.
    • Information we collect automatically when you use the Platform

    During your use of the Platform and for the proper performance of the services, we are also likely to collect personal data concerning you, automatically through the tools and services offered on the Platform.

    In this context, we collect the following data:

    • Information on the use of the Platform's tools and functionalities : we collect information concerning your interactions with the Platform and in particular, the pages or content consulted on the Platform, the links on which you have clicked;
    • Connection information and relating to the equipment and devices you use to connect to the Platform : we collect device connection data when you access and use the Platform, and in particular, your IP address, dates and times of connection , unique identifiers, crash data, pages viewed or displayed before or after logging into the Platform.

    4.     Collection and processing of personal data

    Your personal data is collected and processed for one or more of the following purposes :

    (i) Carry out operations relating to the management and monitoring of our relations with our customers,

    (ii) Manage your access to the Platform and the services accessible through it,

    (iii) Create a file of customers and contacts, as well as a file of Platform users,

    (iv) Respond to any request regarding the performance of the services or regarding your use of the Platform,

    (v) Send newsletters, solicitations and promotional messages, as well as all informative messages relating to our news and/or any development of our services. In the event that you do not wish it, we give you the option of expressing your refusal on this subject when collecting your data,

    (vi) Send advertisements, and in particular targeted advertisements. In this case, we also give you the option of expressing your refusal when collecting your data,

    (vii) Develop commercial statistics on the use and attendance of our services and our Platform,

    (viii) To optimize the operation and effectiveness of the products and services that we offer to you,

    (ix) Manage the management of people's opinions on products, services or content,

    (x) Manage unpaid bills and any disputes regarding the use of our products and services,

    (xi) Comply with our legal and regulatory obligations, if any.

    We inform you, when collecting your personal data directly on the collection form, if certain data must be provided or if they are optional. We also tell you what the possible consequences of a lack of response are.

    Finally, we specify that no data processing carried out for the purposes detailed above allows us to make automated decisions concerning you.

    5.     Persons concerned by the processing

    To carry out the processing referred to in this charter, we only collect data from members of our clients' staff, either with whom we are in contact in the context of the performance of the services, or who are users of our Platform.

    6.     Recipients of data collected and processed

    The following persons are recipients of your data:

    • the staff of our company responsible for monitoring customer relations and the staff responsible for opening accounts on the Platform, after-sales service and maintenance of the Platform.
    • the departments in charge of control (notably the statutory auditor).
    • our subcontractors (hosting provider of the Platform and our business tools).

    Public bodies may also be recipients of your personal data, exclusively to meet our legal obligations, court officers and ministerial officers.

    We also inform you that your data is not transferred to third parties, subsidiaries or partners located outside the European Union.

    7.     Transfer of personal data

    Your personal data will not be transferred, rented or exchanged for the benefit of third parties, for the purposes of carrying out one of the purposes detailed above and subject to the aforementioned reservations.

    However, you are informed that we reserve the right to communicate to third parties your data fully anonymized and in aggregate form, that is to say in a form that does not allow you to be identified in any way whatsoever.

    8.     Duration of retention of personal data

    Your data is only kept for the time necessary for their processing according to the purpose for which they are collected. In any case, your personal data will not be kept beyond the time strictly necessary to achieve the purpose for which they were collected. In this context, your data is kept for the following periods:

    • For monitoring and managing customer relationships [purpose (i), purpose (iii), purpose (viii) and purpose (ix)]: we keep your data for the duration of the commercial relationship in our active databases and again for a maximum period of three (3) years from the end of our commercial relationship in an intermediate archiving database, for the sole purpose of prospecting . At the end of this three (3) year period, we may contact you again to find out if you wish to continue to receive information about our services. You can exercise your right to oppose prospecting at any time, under the conditions specified below.
    • To manage access to your account on the Platform [purpose (ii)] : we keep your data for the duration of active use of the account in our active databases and again for a maximum period of three (3) years from your last access to the Platform recorded by our operating system in a database. intermediate archiving, for prospecting purposes.
    • To respond to any request for assistance, access or support [purpose (iv)] : we keep your data only for the time necessary to process your requests in our active databases.
    • To send newsletters, information and advertisements [purpose (v) and purpose (vi)] : we keep your data for the duration of the subscription to the newsletter and/or until the withdrawal of consent for advertisements in our active databases.
    • To develop commercial statistics on the use and attendance of the services [purpose (vii)] : we keep your data for a maximum period of twenty-five (25) months from the collection of the data in our active databases.
    • To manage outstanding payments and any disputes : all data making it possible to establish proof of a right or a contract will be kept for a maximum period of five (5) years from the end of our commercial relationship, on an intermediate archiving medium. In the event of litigation, the data will be kept until all avenues of appeal have been exhausted.

    9.     Security

    We inform you to take all useful precautions, as well as all appropriate organizational and technical measures to preserve the security, integrity and confidentiality of your personal data and in particular, to prevent them from being distorted, damaged or that unauthorized third parties have access to it.

    10.  Hosting

    We inform you that your data is kept and stored, for the entire duration of its storage, on the servers of Microsoft Azure and Amazon Web Services (AWS), located in Europe.

    11.  Cookies

    Cookies are text files, often encrypted, stored in your browser. They are created when a user's browser loads a given website: the site sends information to the browser, which then creates a text file. Each time the user returns to the same site, the browser retrieves this file and sends it to the website server.

    We can distinguish three types of cookies, which do not have the same purposes: technical cookies, social network cookies and advertising cookies:

    • Technical cookies are used throughout your navigation, in order to facilitate it and to perform certain functions. A technical cookie can for example be used to memorize the answers filled in a form or the preferences of the user with regard to the language or the presentation of a website, when such options are available.
    • Social network cookies can be created by social platforms to allow website designers to share the content of their site on said platforms. These cookies can in particular be used by social platforms to track the navigation of Internet users on the website concerned, whether or not they use these cookies.
    • Advertising cookies can be created not only by the website on which the user is browsing, but also by other websites that display advertisements, announcements, widgets or other elements on the page displayed. These cookies can be used in particular to carry out targeted advertising, that is to say advertising determined according to the navigation of the user.

    We use technical cookies. These are stored in your browser for a period of thirteen (13) months.

    We do not use social media cookies. If we were to use any, these cookies will only be placed if you give your consent. You can find out about their nature, accept or refuse them.

    We also use advertising cookies. These cookies are only placed if you give your consent. You have the option of disabling these cookies in your web browser settings.

    We use Google Analytics, which is a statistical audience analysis tool that generates cookies to measure the number of visits to the Platform, the number of page views and visitor activity. Your IP address is also collected to determine the city from which you connect. The shelf life of this cookie is mentioned in the previous article of this charter.

    We remind you for all practical purposes that you can oppose the deposit of technical cookies and cookies generated by Google Analytics, by configuring your browser. Such a refusal could however prevent the proper functioning of the Platform.

    12.  Legal basis of the processing we carry out

    When your data is collected for purposes (i), (ii), (iii) and (iv), this processing is necessary for the proper performance of the services we offer you and/or the use of our Platform. The legal basis for the collection is the execution of the pre-contractual and contractual measures taken at your request. Your express consent to this collection is therefore not required.

    When your data is collected for purpose (v), the processing is subject to your prior consent, which we collect by form at the time of collection of said data.

    When your data is collected for purposes (vi), (vii), (viii), (ix) and (x), this processing is in the legitimate interest of our company and is not subject to the prior obtaining of your consent.

    Finally, when your data is collected to meet our legal and regulatory obligations, your consent is not required either. The legal basis for this processing is compliance with a legal obligation.

    For any use of your data that is not provided for in this Charter, we will seek your consent before any new processing when necessary. If your consent is not necessary, we will nevertheless inform you prior to the implementation of this new processing.

    13.  Access to your personal data

    In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms modified, as well as the RGPD, you have the right to access your data (article 15 of the RGPD) to obtain the communication and, if necessary, obtain its rectification or erasure (articles 16 and 17 of the GDPR), by sending us a letter to:

    - email address: dpo@theprogrammaticcompany.com

    - postal mail address: METALAW, DPO TPC, 7 rue de Prony – 75017 Paris

    It is recalled that any person may, for legitimate reasons, request the limitation of the processing of data concerning him (article 18 of the GDPR) or oppose such processing (articles 21 and 22 of the GDPR).

    We inform you that in the event of rectification or erasure of your personal data, as well as limitation of processing, carried out following a request from you, we will notify the said modifications to the persons to whom we have communicated your data, unless such communication proves impossible (article 19 of the GDPR).

    14.  Portability of your personal data

    You have a right to the portability of the personal data that you have provided to us, understood as the data that you have actively and consciously declared in the context of accessing and using the Platform, as well as data generated by your activity in the context of the use of the latter (article 20 of the GDPR). We remind you that this right does not apply to data collected and processed on a legal basis other than consent or the performance of the contract binding us, and in particular data collected in our legitimate interest or on a legal basis.

    This right can be exercised free of charge, at any time, and in particular when closing your account on the Platform, in order to recover and store your personal data.

    In this context, we will send you your personal data, by any means deemed useful, in an open standard format commonly used and machine-readable, in accordance with the state of the art.

    15.  Lodging a complaint before a supervisory authority

    You are also informed that you have the right to lodge a complaint with the Commission Nationale Informatique et Libertés if you consider that the processing of your personal data covered by this Charter constitutes a violation of the applicable texts.

    This recourse may be exercised without prejudice to any other recourse before an administrative or judicial court. Indeed, you also have the right to an effective administrative or judicial remedy if you consider that the processing of your personal data covered by this Charter constitutes a violation of the applicable texts.

    16.  Personal Data Breach Communication

    If we notice a security breach in the processing of your data that could lead to a high risk for your rights and freedoms, we will inform you as soon as possible (Article 34 of the GDPR). We will detail to you on this occasion the nature of the violation encountered and the measures put in place to put an end to it.

    17.  Amendments

    We reserve the right, at our sole discretion, to modify this charter, in whole or in part, at any time. These modifications will come into effect from the publication of the new charter which will be notified to you by any means deemed useful. Your use of the Platform following the entry into force of these modifications will constitute recognition and acceptance of the new charter. Failing this and if this new charter does not suit you, you will no longer have to access the Platform.

    18.  Entry into force

    This charter entered into force on January 1, 2021.