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Company Privacy Policy

Last update: 23 March 2019 

I. GENERAL

FORMULACTION, a French simplified joint-stock company, whose registered office is at 3-5 Rue Paule Raymondis – 31200 TOULOUSE – FRANCE (hereinafter “FORMULACTION”), acting as data controller, is committed to protecting and respecting your privacy. FORMULACTION Inc. is US Subsidiary of FORMULACTION with the office registered at 6660 North High Street, Suite 2A, Worthington, OH 43085 – USA, with equal “Privacy and Data Protection Policy”.

The purpose of this “Privacy and Data Protection Policy” is to inform FORMULACTION’s customers, potential customers and users of its website http://www.formulaction.com, about its practices regarding the collection, use, and disclosure of information that they may provide when buying products or ordering services from FORMULACTION or using its website.

Please read the following carefully.

All updates will be displayed in an appropriate place so that all FORMULACTION’s customers, potential customers, and users of the website http://www.formulaction.com, can check the last update of this policy. In addition, any change will be notified and/or FORMULACTION will seek consent where applicable.

FORMULACTION can be contacted any time concerning privacy and data protection issues, at the following address: contact@formulaction.com.  

II. PRIVACY AND DATA PROTECTION

II.1.Definitions

 Controller:the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. In the present “Privacy and Data Protection Policy” the company FORMULACTION, as identified above, is the Controller; (Article 4 (7) of the GDPR)

  • Personal Data:Any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier (name, identification number, location data, an online identifier etc.)(Article 4 (1) of the GDPR)
  • Processing:Any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means (collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, restriction, erasure or destruction etc.(Article 4 (2) of the GDPR)
  • GDPR:Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such Data, and repealing Directive 95/46/EC (General Data Protection Regulation);
  • Recipient: a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not; (Article 4 (9) of the GDPR)
  • Services:Goods that are commercialized and services that are provided by FORMULACTION to Users and also via the website http://www.formulaction.com;
  • User:FORMULACTION’s customers, future customers and users of its website http://www.formulaction.com;

 

II.2.Personal Data that FORMULACTION collects

II.2.1. What Personal Data are collected?

In compliance with current legislation and more specifically Article 5(c) of the GDPR, FORMULACTION has adopted the data minimization principle when collecting data, and only collects the data from the Users that is strictly adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed. 

With respect to the nature of the Services, the following Personal Data is likely to be requested:

-     Full name and contact detail (postal address, mail, telephone, mobile phone number);

-     Company name and position in the company;

-     Information concerning the contractual or business relationship between the User and FORMULACTION;

-     Bank details of the company.

Other information may be automatically collected by FORMULACTION when necessary or when the User has given his consent (see Chapter III. Cookies):

-       IP address(es), logs, identifying and password; 

-       The computer equipment used while browsing; 

-       Location and logging time;

-       Information concerning the use of the website http://www.formulaction.comand browsing data (received data, page views, activity on the website etc.).

The User accepts the Processing of its Personal Data by FORMULACTION.

II.2.3. When Personal Data are collected

Personal Data will be collected under the circumstances below: 

-     Filling out and submitting the contact form/account creation;

-     Subscription to the E-news;

-     Purchase of FORMULACTION’s Services;

-     The use of FORMULACTION’s Services;

-     Exchanges with FORMULACTION (telephone, email, mailings, postal mail, participation in business events);

-     Cookies (see Chapter III. Cookies).

FORMULACTION can also obtain Personal Data from third parties. In such instances, FORMULACTION: 

‐       establishes a contract with this third party in compliance with the provisions of the GDPR and the purpose of the processing;

‐       indicates in these files the source of the Data to ensure its traceability;

‐       informs the persons of the methods of exercising their rights. 

II.2.2. Purpose of the Processing

The information collected by FORMULACTION is only used to provide the Services and deliver more adapted solutions to the Users.

In accordance with Articles 5 and 6 of the GDPR, Personal Data collected by FORMULACTION result mainly from one of the following situations: 

‐      The explicit consent of the User has been given;

‐      Processing is necessary for the performance of a contract to which the User is party or in order to take steps at the request of the User prior to entering into a contract;

‐      Processing is necessary for compliance with a legal obligation to which FORMULACTION is subject;

‐      Processing is necessary for the purposes of the legitimate interests pursued by FORMULACTION or by a third party. FORMULACTIONwill evaluateits legitimate interest with regard to the interest of the person concerned and its rights and fundamental liberties.

FORMULACTION will use the information collected for the purposes below:

PURPOSE

LEGAL BASIS

To perform its obligations arising from any contracts entered into between FORMULACTION and the User.

 

This Processing is necessary for the performance of FORMULACTION’s contractual obligations.

To respond to the User’s request and send him/her any communication useful to the use, operation and improvement of the Services.

 

This Processing is necessary for the performance of FORMULACTION’s contractual obligations.

To send to the User, in accordance with applicable laws and with the User’s consent, commercial information related to FORMULACTION’s Services, promotions and offers, as well as other information connected to its Services adapted to the concerned persons’ areas of interest.

 

This processing is based on the User consent and/or FORMULACTION’s legitimate interest.

To administer FORMULACTION’s website and information systems and conduct internal operations (data analysis, testing, troubleshooting, searches)

 

This processing is based on FORMULACTION’s legitimate interest (to improve its website and its features).

To fulfill its legal obligations.

 

This processing is necessary for FORMULACTION’s compliance to its legal obligation.

Monitor, critically review and improve its offer of products and services and validate that the proposed offer matches user requirements and needs.

 

This processing is based on FORMULACTION’s legitimate interest.

Analyze connection and browsing data in order to deduce a browsing behavior and/or adapt the proposed content by noting interests.

 

This processing is based on FORMULACTION’s legitimate interest (to provide relevant contents).

Keep internal administrative usage files (customer complaints, loyalty, etc.).

 

This processing is based on FORMULACTION’s legitimate interest and is necessary for compliance to its legal obligations.

 

If further Processing of the Personal Data is carried out for purposes other than those for which the Personal Data has been collected and as identified above, FORMULACTION will inform the User about this other purpose and about any other relevant legal information required.

II.2.4.How is the data stored and for how long?

  • The storage

The Personal Data collected is stored in the European Union by a provider who applies industry standards for computer security and undertakes to comply with the laws and regulations in force.

  • Data retention

The storage period depends on the activity concerned, the nature of the User and the use of Personal Data.

The financial documents and accounting documents are kept as accounting evidence.

  The storage period of Personal Data is fixed for a default period of 5 years starting from the last contact of the User with FORMULACTION or the end of the commercial relationship.

Certain data is kept for a shorter period:

‐       Cookies expire thirteen months or less after their last update;

‐       Prospective customer data is deleted 3 years after the last solicitation received or sent.

II.3. The Recipients of Personal Data

Personal Data will never be transferred to a third party without the User prior consent.

The User however specifically agree that Personal Data may only be transmitted to the Recipients responsible for the execution, processing, performance of the Services or that assist FORMULACTION in the performance of its contractual obligations to the Users.

The Recipients are the current partners of FORMULACTION, which can intervene on the Personal Data, are the following ones:

 ‐  the subsidiary of FORMULACTION in the United States: FORMULACTION Inc. 6660 N High Street, Suite 2A, Worthington, OH 43085, UNITED STATE OF AMERICA;

‐  FORMULACTION’s commercial partners (providers, distributors, subcontractors and suppliers, in order to carry out their services), subject to the User prior consent; 

‐  FORMULACTION’s IT providers: Pantasonic, Zoho One, Birds Communications.

These partners will respect their legal obligations applicable to their activity. They are not allowed to disclose the Personal Data to third parties.

If FORMULACTIONpasses Personal Data to Recipients or third party based outside of the European Union, FORMULACTION will ensure that the stated data will receive the same level of protection as is imposed by the European Union regarding data protection.

FORMULACTION will assure that the process carried out will comply with the current policy and that it will be covered by the European Commission’s standard contractual clauses which guarantee a level of protection sufficient for the person’s private life and fundamental rights.

FORMULACTION may however transfer Personal Data subject to the following conditions:

‐     If FORMULACTION is bought by a third party, in which case the Personal Data will be transferred to the buyer, who will be substituted for FORMULACTION in the application of this Privacy Policy. If so, the Users will be informed accordingly;

‐     If FORMULACTION is required to transmit the Personal Data in response to a legal obligation.

The website of FORMULACTION may contain links to and from the websites of advertisers and business partners. Please note that these websites have their own privacy practices and FORMULACTION shall not be liable for these policies. 

II.4. Rights of the Users in respect of its Personal Data

According to Article 15 and seq. of the GDPR, any User has the following rights with regard to its Personal Data 

  • Right of access:which includes the right to receive a copy of the User’s Personal Data in FORMULACTION’s possession;
  • Right to rectification and to erasure:which includes the right to request the deletion of personal data or the correction of inaccurate personal data;
  • Right to restriction of processing(for instance the processing of Personal Data for the purpose of direct marketing);
  • Right to data portability: it means the right for the User to receive the Personal data concerning him, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the Personal Data have been provided; and 
  • Right to object

Any User can also set down instructions for the management of his personal data post mortem. 

The exercise of the right to oppose the Processing of the Personal Data by the User does not prevent any legitimate processing of its Data to ensure the recognition, exercise or defence of FORMULACTION's rights in court.

Users can exercise their rights by contacting FORMULACTION at the following address:

This request must include as much information as possible so that it can be handled within a maximum of 1 months of reception (contact details, ID card etc.), except in case of abuse or extension of the deadline provided by the GDPR.

II.5. Security

FORMULACTIONmakes its best efforts to take all precautions to preserve the security and confidentiality of Personal Data, and in particular to prevent it from being misrepresented, damaged or accessed by unauthorized third parties.

The Personal Data collected is stored by a provider who applies industry standards for computer security: 

-       Identity and Access Management (IDAM)

-       Data Loss Prevention (DLP)

 

FORMULACTION’s employees are subject to confidentiality undertakings regarding Personal Data. In the event of an incident affecting the Data, FORMULACTION will inform the Users as soon as possible.

II.6. Dispute resolution

Any complaint by the User concerning the processing of its Personal Data by FORMULACTION must first be sent in writing to FORMULACTION

The User can lodge a complaint before the French supervisory authority (CNIL) or the Supervisory Authority of the Member State of the European Union within which the User has his habitual residence, in accordance with the provisions of the GDPR.

The User can seek a remedy through the courts if he considers that his rights have been breached

III. COOKIES POLICY

FORMULACTION uses “cookies «on its Website, i.e. small text file that is stored and/or read by the web browser on the hard disk of the User end device (e.g. computer, laptop or smartphone) by the visited website. The main goal of the cookies is to simplify navigation of their websites (automatic authentication, personalization of certain information, etc.) or to personalize the adverts that appear while the user is browsing.

Depending on their function and use, cookies used by FORMULACTION fall in different categories:

  • Functional & Statistics cookies: the cookies allow FORMULACTION’s website to function properly. The cookies are used to recognise the User when he returns to the website and to offer improved and more personalised functions:
  • Marketing cookies: Marketing cookies are used to track visitors across websites. The intention is to receive more detailed information regarding users’ interest and monitor marketing efficiency (example: FORMULACTION emailing campaigns).

 

Host

Cookie’s name

Function

Expiry

Formulaction.com 

ion_selected_language

Functionnal

24 hours

Formulaction.com 

PHPSESSID

Functionnal

30 minutes

cloudflare.com

__cf_bm

Functionnal

24 hours

stats.formulaction.com

piwik.php

Statistics

Session

Formulaction.com

_pk_ses

Statistics

30 minutes

Formulaction.com 

_pk_id 

Statistics

13 months

Formulaction.com 

_gid           

Statistics

24 hours

Formulaction.com 

_ga

Statistics

2 years 

Formulaction.com 

_gat

Statistics

1 minute

Vimeo.com

_vuid

Statistics

2 years 

doubleclick.net

r/collect

Marketing

Session

salesiq.zoho.com

e3de1f7d42

Marketing

Session

formulaction.com

formulaction-_zldp

Marketing

2 years

formulaction.com

formulaction-_zldt

Marketing

24 hours

formulaction.com

siqlsdb

Marketing

Persistent

formulaction.com

utsdb

Marketing

Session

The cookies generated on the Website have a maximum validity period of 24 months. With the exception of “siqlsdb” which allows to set a unique ID for the session for statistical purposes. 

Cookies that are issued on the Website by third parties

 

FORMULACTION may include third-party computer applications on the Website in order to unable the User to share content from the Website (the buttons "Share", "Like", from social networks such as Facebook, Twitter, LinkedIn).   The issue and use of these cookies are subject to the privacy policies of these third parties, on which FORMULACTION has not direct control. It is therefore recommended to consult the privacy policies of these third parties.

Cookies configuration

Users can refuse cookies and decide to save or delete them at any time by configuring their browser settings. 
Please note that if the refusal of cookies does not have consequences on the ability to visit the Website but some options or features might not work properly.
You will find more information on the following links:

 -       Internet Explorer: In Internet Explorer, click on the Tools button, then on Internet Options. In the General tab, under Browser History, press Settings. Click on the View Files button.
-       Firefox: In the browser’s Tools menu, select Options. In the displayed window, click Privacy and then View Cookies.
-       Safari: In the Safari menu, select Preferences. Click Security. Click on Show Cookies.
-       Google Chrome: Click on the Chrome menu. Select Settings. Click Show advanced settings and then choose Privacy.
-       Facebook
-       Twitter
-       Linkedin