Preamble

This Privacy Policy details SOCIALSHAKER’s (“SOCIALSHAKER”) policy with regard to personal data and cookies on the www.socialshaker.com website (the “Site”). This Policy applies to all information provided by yourself, or collected by us during your browsing on our Site, in accordance with the regulations in force in France regarding personal data as issued from the French law n°78-17 of January 6, 1978 relating to information technology, files and freedoms, known as the “Informatique et Libertés” law and the EU Regulation 2016/679 of May 25, 2018 on data protection known as the “RGPD”.

The purpose of this Privacy Policy is to:

• inform persons accessing the services offered on our Site (hereinafter the “Users”) of the manner in which we collect, use and share their personal data (I);
• inform persons participating in digital campaigns (hereinafter the “Participants”) of the manner in which SOCIALSHAKER collects and processes their personal data on behalf of Users (II) ;
• inform any Internet user browsing the site of the information we collect using “cookies” (III).

You will be notified of any changes or updates to this Privacy Policy. Your active consent to the new Privacy Policy will be required to continue using the services offered by SOCIALSHAKER.

I. Processing of users’ personal data by socialshaker as data controller

The data controller is SOCIALSHAKER, a brand of Adictiz, a company with share capital of €350,260 registered with the Lille Trade and Companies Registry under no. 504 614 892, whose registered office is located at 2 rue Fourier, 59000 LILLE.

The representative of the SOCIALSHAKER data controller is Mr. Julien Cohen in his capacity as Chairman and Chief Executive Officer.

His contact details are as follows:

M. Julien Cohen

2 rue Fourier

59000 LILLE

E-mail : [email protected]

2. What personal data is collected?

Personal data is any information relating to a natural person who is identified or can be identified, directly or indirectly, by reference to an identification number or to one or more factors specific to that person.

In order to provide its various services, SOCIALSHAKER needs to collect your personal data.

When you browse the Site and use the various services offered by SOCIALSHAKER, you consent to SOCIALSHAKER collecting the following categories of data:

• Civil status: Last name, First name, Mailing address, Email address, Telephone number, Language ;
• Professional life: Business sector, Company name, VAT number, Financial department email address;
• Bank details: Credit card number, expiry date, cryptogram; These details are not saved on the SOCIALSHAKER platform. They are encrypted and stored on STRIPE (credit card number not accessible by SOCIALSHAKER) and are deleted once the transaction has been completed:

For a single payment, until the service has been provided, plus the withdrawal period for distance sales of goods and services.

For a subscription with tacit renewal, until the last payment due date if the subscription is not renewed.

• Connection data: IP address, password, social account identifiers (Facebook, Google, Linkedin).

(hereinafter the “Personal Data”).

You agree to provide current and valid Personal Identification Data as part of the information requested on the Site, and warrant that you will not make any false statements or provide any erroneous information.

You consent to SOCIALSHAKER collecting your Personal Data when you complete the following documents:

• Online platform registration form ;
• User profile form ;
• Subscription form ;
• Payment form ;
• Contact form ;
• Webinar registration form ;
• Subscription form for one or more newsletters ;

You may also provide us with Personal Data when communicating with our customer service representatives via live chat on the site (Intercom) or during telephone or e-mail exchanges as part of our customer service.

4. For what purposes are your personal data collected?

4.1. The compulsory or optional nature of the information requested is indicated by an asterisk at the time of collection. Compulsory Personal Data is data that is strictly necessary for processing or responding to your requests; optional Personal Data collected by SOCIALSHAKER is intended to get to know you better and to improve the suitability of our offers to your needs and your browsing experience on the Site.

4.2. Your Personal Data is collected and processed for the following purposes:

• Create your user account

In this context, your Personal Data is collected and processed in particular to create authenticated access to SOCIALSHAKER services, to enable you to edit new information about yourself and to create a digital campaign.

• Subscription to SOCIALSHAKER services

In this context, your Personal Data is collected and processed to enable you to take out a subscription giving access to SOCIALSHAKER’s premium services, to create digital campaigns, to manage and monitor commercial relations, to manage and monitor payments, and to submit contest rules.

• Contact and support

In this context, your Personal Data is collected and processed to guide you in your browsing of the Site, to answer your questions concerning the services and products offered by SOCIALSHAKER, and to provide you with technical assistance.

• SOCIALSHAKER webinar training registration

In this context, your Personal Data is collected and processed to enable you to participate in training organized by SOCIALSHAKER, to communicate with us about the training, and to send you offers about SOCIALSHAKER’s services and offers.

• SOCIALSHAKER newsletter subscription

In this context, your Data is collected to enable us to send you information on the services and offers provided by SOCIALSHAKER.

You can withdraw your consent at any time by using the unsubscribe link in the newsletter.

4.3. Your Personal Data is collected and processed on the following legal grounds:

• performance of the contract concluded between the User and SOCIAL SHAKER (General Terms and Conditions of Use; General Terms and Conditions of Sale);
• User consent (Newsletter subscription; Webinar training subscription).

5.1. SOCIALSHAKER employees

Personal Data collected by SOCIALSHAKER is intended for persons duly authorized to process Personal Data within SOCIALSHAKER, in particular, and depending on the nature of the processing and the type of data, persons in charge of the sales department, customer service, marketing department, administrative department, logistics department and IT department.

5.2. SOCIALSHAKER’s subcontractors

In order to carry out its activities and provide its services, SOCIALSHAKER uses subcontractors who process Personal Data on behalf of, on the instructions of and under the authority of SOCIALSHAKER.

In accordance with the RGPD, SOCIALSHAKER requires its subcontractors to present sufficient guarantees regarding the implementation of appropriate technical and organizational measures, in order to ensure the security and confidentiality of your Personal Data.

SOCIALSHAKER uses processors located in countries offering an adequate level of protection either because they are subject to the provisions of the RGPD or, in accordance with Article 45 of the RGPD because they benefit from an adequacy decision from the European Commission (i.e. they have been recognized as offering sufficient guarantees by the European Union). This is particularly the case for subcontractors located in the United States who have signed up to the Privacy Shield.

In cases where SOCIALSHAKER has recourse to subcontractors located in countries offering levels of protection not equivalent to the level of protection of personal data in the European Union, SOCIALSHAKER undertakes to regulate this transfer by signing standard contractual clauses established by the European Commission.

In the case of users who have placed an order with SOCIALSHAKER, their data may also be kept after the end of the commercial relationship for a period of three years for the sole purpose of prospecting and reactivating their account at their request. In the case of users who have not placed an order, their data is kept for a period of three years following collection or the last contact from these users.

Your personal data may also be archived for a limited period of time, with limited and justified access. (i) compliance with SOCIALSHAKER’s legal and regulatory obligations, and/or (ii) to enable it to assert a legal claim, before being permanently deleted.

You may delete your account or one or more campaigns conducted via SOCIALSHAKER at any time on the Platform.

SOCIALSHAKER undertakes to process your Personal Data in a :

• legal,
• loyal,
• transparent,
• proportionate,
• relevant,
• within the strict framework of the objectives pursued and announced,
• for the length of time required for the treatment,
• securely.

SOCIALSHAKER implements and updates the appropriate technical and organizational measures to ensure the security and confidentiality of your Personal Data by preventing it from being distorted, damaged or communicated to unauthorized third parties.

In the event of a breach of your Personal Data, SOCIALSHAKER shall notify the breach in question to the CNIL as soon as possible, and if possible no later than 72 hours after becoming aware of it, unless the breach in question is not likely to give rise to a risk to Users’ rights and freedoms.

Where a breach of your Personal Data is likely to give rise to a high risk for the rights and freedoms of a User, SOCIALSHAKER will inform the User, as soon as possible, subject to the exceptions provided for in Article 34 of the RGPD.

Upon written request, you may access your Personal Data, request that it be amended or corrected, or request that it no longer be included in SOCIALSHAKER’s database.

Under the right of access, you are entitled, in accordance with Article 15 of the RGPD, to question SOCIALSHAKER with a view to obtaining communication of the Personal Data concerning you in an accessible form, confirmation that your Personal Data is or is no longer being processed, communication of the purposes of the processing, the categories of Personal Data processed and the recipients to whom the Personal Data is communicated and the duration of the retention of the Data or the criteria used to determine this duration.

In accordance with Article 16 of the RGPD, the right of rectification gives you the right to require SOCIALSHAKER to rectify, complete or update your Personal Data where it is inaccurate, incomplete, equivocal or out of date.

Under the conditions set out in Article 17 of the RGPD, you may also request the deletion of data concerning you.

In addition, you may request that the processing of your personal data be restricted under the conditions of Article 18 of the GDPR.

In the circumstances set out in Article 20 of the GDPR, you may retrieve from SOCIALSHAKER the Personal Data you have provided to it, in a structured, commonly used and machine-readable format, for the purposes of transferring it to another data controller.

In accordance with Article 21 of the RGPD, you have the option of objecting, at any time, to the processing of your Personal Data for commercial prospecting purposes.

To exercise your rights of access, rectification, deletion, limitation, portability and opposition referred to above, simply send your request by e-mail to the following address:

[email protected]

SOCIALSHAKER will provide the person exercising one of these rights with information on the measures taken, as soon as possible and in any event within one (1) month of receipt of the request. This deadline may be extended by two (2) months, depending on the complexity and number of requests.

If SOCIALSHAKER does not act on the request, it will inform the person as soon as possible, and at the latest within one (1) month of receipt of the request, of the reasons for its inaction and of the possibility of lodging a complaint with a supervisory authority and of lodging a judicial appeal.

These rights are exercised free of charge. However, in the event of a manifestly unfounded or excessive request, SOCIALSHAKER reserves the right to (i) d’exiger le paie(i) require payment of a fee to cover administrative costs, orment de frais tenant compte des coûts administratifs, ou (ii) refuse to comply with such requests.

Without prejudice to any other administrative or judicial remedy, Users who consider that the processing of their Personal Data constitutes a breach of the provisions of the legislation in force may lodge a complaint with a competent supervisory authority such as the Commission Nationale de l’Informatique et des Libertés (CNIL).

10.1. SOCIALSHAKER does not collect data from children under the age of 15.

SOCIAL SHAKER is a BtoB platform and is not intended to collect information concerning minors under the age of 15, since the Site is not addressed to them. Given the technological means available, SOCIALSHAKER will make reasonable efforts to verify that such data is not collected.

10.2. SOCIALSHAKER does not collect sensitive data

SOCIALSHAKER does not collect so-called sensitive information such as racial or ethnic origin, sexual orientation, state of health, political opinions, religious or philosophical beliefs or trade union membership, or genetic or biometric data.

II. Processing of participants’ personal data by socialshaker as subcontractor

As part of the creation and organization of the Campaign, the User is responsible for processing the personal data of the Participants in these Campaigns, since the User alone determines the purposes and means of this processing. SOCIALSHAKER, which collects and processes Participants’ personal data on behalf of and on the instructions of the User, thus acts as a subcontractor.

1.1. In accordance with Article 13 of the RGPD, the User who collects the personal data of a Participant undertakes to provide the Participant with the following information:

• the identity and contact details of the data controller and its representative;
• contact details of the Data Protection Officer (DPO), if any;
• the purposes of the processing for which the data are intended;
• where applicable, the legitimate interests pursued by the controller or by a third party ;
• data recipients ;
• any data transfers outside the EU;
• the data retention period, or at least the criteria for determining it;
• the existence of the right to ask the data controller for access to the data, its rectification or erasure, the limitation of processing, the right to object to processing and the right to portability of their data;
• where collection and processing are based on consent, the right to withdraw consent at any time;
• the right to lodge a complaint with a supervisory authority;
• Information on the compulsory nature of the information and on the possible consequences of not providing the data;
• where applicable, the existence of an automated decision, including profiling, and useful information concerning the underlying logic.

All this information must be made available to Participants in a concise, transparent, comprehensible and easily accessible manner, in clear and simple terms.

1.2. The User declares and guarantees that it meets its obligations with regard to the protection of Participants’ personal data, and in particular (i) ensure the lawfulness of the personal data processing it carries out, (ii) have implemented all appropriate technical and organizational measures to guarantee the security and confidentiality of such personal data, and (iii) to enable Participants’ rights to be exercised effectively and promptly.

1.3. The User undertakes, when creating and configuring Campaigns, to comply with the principles of Privacy by design and Privacy by default decreed by the RGPD, and thus, in particular, to process only the data strictly necessary for the announced and freely consented processing purposes, and to retain personal data only for the time necessary to achieve these purposes.

1.4. When creating a campaign form, the User must ensure that :

• only collect personal data that is strictly necessary for the purposes for which it is collected;
• keep free text and customizable fields to a minimum;
• not to collect sensitive information such as racial or ethnic origin, sexual orientation, health status, political opinions, religious or philosophical beliefs, trade union membership, genetic or biometric data.

If the User collects personal data from persons under the age of 15, in accordance with the amended French Data Protection Act (loi informatique et libertés n°78-17), he/she undertakes to obtain the joint consent of the minor under the age of 15 and the holder of parental authority (by ticking two boxes).

1.5. The User must include a notice under his campaign form containing at least the following information:

• The identity of the User as the party responsible for processing Participants’ data;
• The purposes of processing Participants’ data;
• The rights of Participants to their personal data (access, rectification, deletion, limitation, opposition and portability), as well as the person to contact for any request to exercise these rights;

And, if applicable :

• The existence of automated decision-making (including profiling);
• Provision of personal data to commercial partners.

1.6. The User shall be solely responsible for any infringement of regulations concerning personal data committed in the context of the creation and configuration of its Campaign via the Website, and SOCIALSHAKER shall not incur any liability in this respect. Similarly, as SOCIALSHAKER has no knowledge of or control over the use made by Users of Participants’ personal data collected via the Site, it may not be held liable for any breach of respect for such personal data committed by the User.

2.1. SOCIALSHAKER only collects and processes Participants’ personal data in connection with the creation, organization and management of the Campaign created and configured by the User and solely for this purpose.

SOCIALSHAKER will carry out the following operations:

• Hosting and storage of participation data and visualization of personal data on the SOCIALSHAKER platform;
• Export data in CSV format to enable customers to retrieve their participation data;
• Statistical analysis (not individual) to monitor Campaign performance;
• Necessary blocking of entries based on the geolocation of the Participant’s IP address and email address;
• Sending of an email to verify the Participant’s identity (optional, active only if the User has subscribed);
• Audit of collected data and verification of compliance (at user’s request).

2.2. SOCIALSHAKER undertakes to process Participants’ personal data only in accordance with the instructions provided by the User in this Privacy Policy.

Given the service offered by SOCIALSHAKER and the technical specificities of the Site, the User has considerable latitude to create and configure his Campaign, without any control or moderation being possible by SOCIALSHAKER. The User must therefore comply with the regulations applicable to the processing of Personal Data.

2.3. SOCIALSHAKER guarantees the security and confidentiality of Participants’ personal data that it processes on behalf of the User, and undertakes to make available to the User, upon request, information concerning the technical and organizational security measures implemented for such processing.

SOCIALSHAKER undertakes to notify the User as data controller of any breach of Participants’ personal data as soon as possible after becoming aware of such breach. This notification is accompanied by any useful documentation enabling the User, if necessary, to notify this violation to the CNIL.

It is the User’s responsibility to ensure that the rights of Participants to their personal data are respected. Nevertheless, SOCIALSHAKER shall, insofar as possible, assist the User in fulfilling its obligation to comply with requests to exercise the rights of the persons concerned: right of access, rectification, erasure, opposition, limitation, portability, not to be subject to an automated individual decision (including profiling).

2.4. In carrying out its activities and providing its services, SOCIALSHAKER has recourse to subcontractors, who process Participants’ personal data on behalf of, on the instructions of and under the authority of SOCIALSHAKER.

SOCIALSHAKER requires its subcontractors to provide sufficient guarantees as to the implementation of appropriate technical and organizational measures to ensure the security and confidentiality of Participants’ personal data.

SOCIALSHAKER utilise des sous-traitants situés dans des pays offrant un niveau de protection adéquat soit parce qu’ils sont soumis aux dispositions du RGPD, soit, conformément à l’article 45 du RGPD, parce qu’ils bénéficient d’une décision d’adéquation de la Commission européenne (c’est-à-dire qu’ils ont été reconnus comme offrant des garanties suffisantes par l’Union européenne).

Dans les cas où SOCIALSHAKER a recours à des sous-traitants situés dans des pays offrant des niveaux de protection non équivalents au niveau de protection des données personnelles dans l’Union européenne, SOCIALSHAKER s’engage à encadrer ce transfert par la signature de clauses contractuelles types établies par la Commission européenne.

SOCIALSHAKER provides Users who request it with a list of its subcontractors.

2.5. SOCIALSHAKER shall delete all personal data of Participants processed on behalf of the User, at the end of a period of 2 (two) years from the date of collection (date of creation of the Campaign being taken as proof), unless the User sends SOCIALSHAKER, before the end of this period, a request to :

– recover all personal data; or

– have all such personal data transferred to the subcontractor designated by the User.

In any event, the transfer of personal data shall be accompanied by the destruction of all existing copies in SOCIALSHAKER’s information systems. The destruction will concern the Campaign created 24 months earlier, as well as all related data.

2.6. SOCIALSHAKER keeps a written record of all categories of processing activities carried out on behalf of its Users, including the following information:

• Name and contact details of the User on whose behalf SOCIALSHAKER is acting, its subcontractors and its DPO;
• Categories of processing carried out on behalf of the User;
• Data transfers outside the EU ;
• The technical and organizational security measures put in place to guarantee the protection of Participants’ personal data.

SOCIALSHAKER shall make available to the User, upon request, the documentation necessary to demonstrate compliance with its obligations and to enable audits to be carried out.

III. Processing of personal data collected through 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 two types of cookies, which have different purposes: technical cookies and advertising cookies.

Technical cookies are used throughout your browsing experience to facilitate navigation and perform certain functions. A technical cookie may, for example, be used to memorize the answers given in a form, or the user’s preferences regarding the language or layout of a website, where such options are available.

Advertising cookies may be created not only by the website on which the user is browsing, but also by other websites displaying ads, widgets or other elements on the page displayed. In particular, these cookies may be used for targeted advertising, i.e. advertising based on the user’s browsing habits.

SOCIALSHAKER uses the following technical cookies:

• Socialshaker newsletter : We use cookies to control the display of our newsletter subscription pop-up to avoid intrusive display for a user who has already seen it. The closure is memorized and the pop-in is no longer displayed for 30 days.
• Socialshaker User back office: We use cookies to remember which users have seen and closed the pop ins guiding them to use our platform.

SOCIAL SHAKER does not use advertising cookies or audience measurement cookies.

SOCIAL SHAKER’s subcontractors use the following cookies:

• CloudFlare uses cookies to manage the web cache of Site visitors’ browsers. This allows us to optimize the loading of our Site pages during subsequent visits.
• WordPress uses cookies to track site performance, such as loading speeds and page views.
• Google analytics uses cookies to track visitors and users and to measure the audience of our website, our platform and our apps (launched by our users). The aim is to analyze the browsing habits of visitors and users to enable us to optimize our online tools for our audiences. These cookies are essential for creating campaigns on our platform in order to guarantee quality of service, as well as for participating in campaigns launched by our users.
• Matomo uses cookies to track visitors and measure the audience of our apps (launched by our users). The aim is to analyze visitors’ browsing habits to enable us to optimize our online tools for our audiences. Ces cookies sont indispensables pour créer des campagnes sur notre plateforme afin de garantir la qualité du service, ainsi que pour participer aux campagnes lancées par nos utilisateurs.
• Amplitude uses cookies to track user traffic and the use of our modules and mechanics. These cookies only apply to our Users, not to visitors to the Site, since they only concern activities on the platform and not our Site.
• Intercom uses cookies to track visitors to the Site and Users of the platform in order to provide a support service to our Users via live chat, for reasons of traceability and quality of our support service.
• Segment uses cookies to track visitors’ and users’ browsing habits and the rate of use of our modules and mechanics, and to monitor the use and performance of our tools.
• Facebook uses cookies to manage the session opened via the Facebook connector, for our Users on the platform or participants in campaigns launched by our Users.
• LinkedIn uses cookies to manage the session opened via the Linkedin connector, for our Users on the platform or Participants in campaigns launched by our Users.
• Google+ connect uses cookies to manage the session opened via the Google + connector, for our Users on the platform or Participants in campaigns launched by our Users.

For more information on third-party cookies set by our subcontractors, please refer to their respective cookie policies.

We inform you that the use of cookies may be limited to the duration of your browsing on the Site, with automatic deletion when you leave the Site. In any event, cookies may not be used for more than thirteen (13) months.

We remind you that you can prevent cookies from being deposited by configuring your browser. Your browser can be configured to accept or reject cookies automatically. You can also deactivate the storage of cookies, be alerted when a cookie is issued and view its content and validity period.

Cookie instructions for the most commonly used browsers can be found at the following links:

Windows Internet Explorer®
Mozilla Firefox
Google Chrome
Apple

We remind you that uninstalling a cookie or objecting to the installation of cookies on your devices may alter your browsing experience and prevent you from benefiting from certain Site services.

If you would like more information about cookie management tools, please consult the following link.