Privacy Policy
ART RECALL APP
Updated and Effective September 18, 2022
Privacy Policy
This Privacy Policy (“The Private Policy”) applies to our mobile applications for iPhone, Windows, or Android mobile devices (the “Apps”) (collectively, our “Service”).
1. PURPOSE
The purpose of this Privacy Policy is to inform you of the means by which we collect and process your personal data, with the strictest respect for your rights.
Your privacy is a top priority in everything that the Company do and every feature that we develop. To that end, The Private Policy reflects our commitment to protecting your privacy and describes the information we collect, how that information may be used, and with whom it may be shared.
By using our application (the “App”), certain features thereof, or related services, featured, hosted or otherwise disseminated through the App (collectively, the “Service”), you are agreeing to be bound by the terms described herein. This Privacy Policy applies to all use by you of the Service. We encourage you to read this Privacy Policy and our Terms of Use carefully and contact us at [ contact] with any questions you may have.
We will occasionally update this Privacy Policy to reflect changes in the law, our data collection and use practices, the features of our Service, or advances in technology. When we make changes, we will revise the “updated” date at the top of this Privacy Policy, which will be posted at [URL adress ]. We encourage you to regularly check for the most recent version, as your continued use of the Service following the posting of changes to this Privacy Policy will mean you consent to and acceptance thereof. If you do not consent to such changes you can terminate your account at any time as described in our End-User license Agreement.
2. IDENTITY OF THE ENTITY RESPONSIBLE FOR COLLECTING DATA
Responsibility for the collection and processing of your personal data lies with the company ART RECALL, a simplified joint-stock company, registered with the Registry of Trade and Companies of Paris under number 843 692 831, whose head office is located at 3, rue de l'Ancienne Comédie 75006 Paris (referred to within the framework of this Charter as "Us" or "We").
3. DEFINITION AND NATURE OF PERSONAL DATA
Whenever you use the mobile application, for the purposes of using the provided networking services that enable you to increase your network, we may request some personal information about you.
We also collect some of your personal data when you register to participate in an event, or when an event organizer wishes to provide you with our services within the context of the event for which you are registered and sends us your contact details in order that we may contact you.
The term "personal data" designates all data that allows an individual to be identified directly or indirectly, which corresponds in particular to your surname, first names, postal and e-mail addresses, telephone numbers, country of origin, time zone, and data relating to your transactions on the Platform, your bank card numbers, your profiles on social networks, the name of your company, a photo of you, your job title and areas of expertise, the type of people you wish to meet, the themes which you are interested in, your IP address, navigation data, data from recordings of calls with our teams (for example: the content and dates of the calls), as well as any other information you provide to us about yourself.
4. COLLECTING INFORMATION
The categories of information we collect from Website Users, Employees, and Users may include:
Identification Information you provide to us directly. We may collect personal information, such as your name, phone number, location, and email address when you use or register for our Service.
Creating Accounts. When you create an account through our application, you need to provide us with your name, mobile number, email, and a password.
If you subscribe to our ART RECALL Premium Service, you will need to provide us with your subscription preferences and payment information such as your credit card number, billing address, and other authentication details. Payments will be processed by the mobile platform provider (e.g., Apple), and we will receive information about the transactions from the provider. Please note, however, that we store only a tokenized version of such information and do not maintain payment card information on our servers. Your account information is not visible to your contacts.
Creating Profiles. When you create a profile, you have full control over the information included in the profile such as your photo, education, work experience, skills, or contact information (e.g. email, phone number, or mailing address) or links to social media accounts. If you upload a photo, we may request access to the camera roll and camera on your mobile device. You may withdraw this permission to access your device’s camera roll and camera at any time through the ‘Settings’ in your mobile device’s app. Your profile information is different from your ART RECALL account information, and is only visible to people who have added you as a contact through ART RECALL (unless you declined their request to share your contact info) or who you shared your profile information through email or your phone’s native SMS text messaging app.
Please note that we do not require you to include sensitive information in your profile such as date of birth, race, ethnicity, biometrics, medical information, financial information or social security number. Please do not include sensitive information in your profile. If you choose to include such information, it will be visible to those with whom you have shared your profile as described above.
Communications With Us. We receive your personal information such as name, email address, or phone number when you sign up for our mailing list, fill out a survey, or otherwise communicate with us. We may also collect any communications between you and us, and any other information you provide to us.
Marketing Information. We may collect your preferences for receiving our marketing communications, and details about your engagement with them.
Voice Notes. With your permission, we collect voice notes and request access to the microphone on your mobile device in order to facilitate collecting the voice notes. You may withdraw this permission to access your device’s microphone at any time through the “Settings” in your mobile device’s app. Voice notes are intended for your own individual use so you can record information about your contacts. Voice notes should not be used to record others. We are not responsible for the recording of any third parties through the use of voice notes. Therefore, if you will use voice notes, you agree to comply with all applicable laws, whether federal, state, local or international, relating to the privacy of communications, including advising all participants in a recorded conversation that the conversation is being recorded and obtaining their consent, as required. We may also send voice notes to our sub-processor for transcription.
Address Book and Calendar Information. With your permission, we may request access to your contacts or calendar information available on your mobile device or through your email accounts and import or sync contact and calendar information with ART RECALL. To help you connect with people you know, we may also receive your personal information when others authorize importing or syncing their contacts or calendar with ART RECALL. You can turn off syncing at any time or choose to manually add contacts or calendar information.
You choose who to invite or send your QR Code (“vCard”). If you choose to send invitations via text message, the standard rates may apply. When inviting your contacts to connect via ART RECALL, we use third-party service providers to facilitate sending your emails or texts. Please note that you are the sender of these messages. Only send invitations to contacts you know personally that are interested in using the Service.
For the purposes of the networking service, we will also provide your personal data to the organizers of professional events for which you are registered and for which you have used the services of the Application. The event organizer may use this data for the same purposes and under the same conditions as those referred to in this Privacy Policy. The event organizer remains solely responsible for their respect of their own legal and declarative obligations with regard to their processing of your personal data, which they carry out themselves, with their own means and for their own requirements. We are only responsible for our use of your personal data, this excluding any other use by the event organizer.
5. SHARING AND USE OF INFORMATION
The personal information that you provide is used only in connection with the Service. We wont sell your personal information to any third party and we do not disclose your personal information to any third party without your permission; provided, however, that we use information internally and with select third-party analytics services to improve and operate the Service, as described below.
Information Shared with Other Users. When you register as a user of the Service, your App profile will be viewable by other users of the Service.
If you are not a member of the App, but RSVP to an event using our Events service, whether upon receiving a text message invitation or otherwise, your name and phone number may be made available to other users of the Service.
Waitlisted Applicants. Only other users whose applications have been accepted will be able to see your App profile. Applicants who have been waitlisted will have no way to know or see that you are a member of the ART RECALL community just as users cannot see which applicants have been waitlisted.
Use of Information By ART RECALL. We may use information that we collect about you to, among other things, (i) create and manage your account, (ii) manage events, RSVP lists and otherwise operate and improve the Events feature, (iii) deliver and improve the Service, including developing new features, (iv) facilitate and monitor use, content and interactions among users, (v) perform research, analysis and analytics internally or by using a third party service such as Google Analytics, (vi) manage our business, (vii) communicate with you and (viii) enforce or exercise rights under our Terms of Use. Information that we disclose to Google Analytics is subject to Google's privacy terms.
Service providers and Promotional Partners. We may share non-personal, non-identifiable information with third parties that perform services on our behalf or that provide promotional benefits to you as a ART RECALL member. These service providers and promotional partners may have access to such non-personal, non-identifiable information needed to perform their functions but are not permitted to share or use such information for any other purposes.
Other Situations. We may disclose your information in connection with (i) certain legal matters and to ensure legal compliance, (ii) a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency, (iii) a significant corporate transaction, such as the sale of our business or its assets, or (iv) your consent or request that we do so.
Aggregated and Non-Personal Information. In addition to the uses of your personal information referenced above, we may use and share non-personal, non-identifiable information we collect through your use of the Service. We may also use and share aggregated, non-personal information with third parties including advisors, investors and professionals for purposes related to our business.
Legal Bases for Processing your Information. We rely on the following legal bases in processing your information: (i) most of the time, the reason we process your information is to perform the contract that you have with us. For instance, as you go about using our service to build meaningful connections, we use your information to maintain your account and your profile, to make it viewable to other users and recommend other users to you; (ii) we may also use your information where we have legitimate interests to do so (for instance, we analyze users’ behavior to improve the Service and develop new features, and we process information for administrative, fraud detection and other legal purposes); and (iii) finally, from time to time we may ask for your consent to use your information for certain specific reasons.
You may withdraw your consent at any time by contacting us at [contact]
6. KEEPING YOUR INFORMATION SECURE
Cross-Border Data Transfers. Sharing of information referenced above sometimes involves cross-border data transfers, for instance to the United States and other jurisdictions. As an example, the personal information of users located in the European Economic Area (“EEA”) is transferred to countries outside of the EEA. In doing so, we take all reasonable steps to ensure that personal information remains protected. For instance, we use standard contract clauses approved by the European Commission or other suitable safeguards to permit data transfers from the EEA to other countries. Standard contractual clauses are commitments between companies transferring personal data, binding them to protect the privacy and security of your data. If you would like to receive additional information on the safeguards that we implement, please contact us at [contact].
Security Measures and No Liability. We take the security of your information very seriously and have implemented a number of measures to safeguard it. Despite our efforts, no system is guaranteed to be completely secure. While we have taken, and will continue to take, reasonable actions to regularly update and improve our security, including regularly monitoring our systems for possible vulnerabilities and attacks and regularly reviewing our information collection practices, we do not promise, nor you should expect, that your information, chats, or other communications will always remain secure. We have no liability to you or to any third party arising out of any loss, misuse or alteration of your personal information. Users outside of the United States should note that your information may be transferred to our servers which are hosted within or outside the United States. By using the Service you consent to the transfer of your information to countries which may not provide the same level of protection available in your country of residence. If you believe that your account or information is no longer secure, or otherwise have information that may be relevant to us regarding information security, please notify us immediately at [contact].
Retaining Your Information. We keep your personal information only as long as we need it for legitimate business purposes and as permitted by applicable law. To protect the safety and security of our users on and off the Service, we implement a safety retention window of three months following account deletion. During this period, account information will be retained although the account will of course not be visible on the App. In practice, we delete or anonymize your information upon deletion of your account (following the safety retention window) or after two years of continuous inactivity, unless (i) we must keep it to comply with applicable law; (ii) there is an outstanding issue, claim or dispute requiring us to keep the relevant information until it is resolved; or (iii) the information must be kept for our legitimate business interests, such as fraud prevention and enhancing users' safety and security. Keep in mind that even though our systems are designed to carry out data deletion processes according to the above guidelines, we cannot promise that all data will be deleted within a specific timeframe due to technical constraints.
7. TEXT MESSAGES AND OTHER COMMUNICATIONS
By using the Service in any capacity, you agree to receive text messages and other correspondence from us regarding event update as well as upcoming events, features, and other promotional matters, which messages and other correspondence may be based on information that you have provided and other data that we have collected based on your use of the Service.
8. YOUR RIGHTS
You have the right to obtain and, where appropriate, rectify or delete any data concerning you, via online access to your account. You can also get in touch with the point of contact indicated in Article [number]. You can request the restriction of processing of personal data concerning you in certain cases as defined in Article 18 of the GDPR.
Tools to Control Your Information. We want you to be in control of your information, so we have provided you with the following tools: (i) account settings that help you to access, rectify or delete information that you provided to us and that is associated with your account directly within the Service; (ii) mobile device permission systems for specific types of device data and notifications, such as phone book and location services as well as push notifications, which you can use to change your settings on your device to either consent or oppose the collection of the corresponding information or the display of the corresponding notifications; and (iii) you can delete your account at any time by using the corresponding functionality directly on the Service. You can also, at any time in your sole discretion, withdraw any consent that you give us with respect to your personal information. To withdraw your consent, or if you have any question regarding the above, please contact us at [contact].
Key Points to Remember. We want you to be aware of your privacy rights. You should remember that you have the following rights with respect to your information: (i) you may review the personal information we keep about you (depending on the jurisdiction, this may be called right of access, right of portability or variations of those terms) and you can request a copy of your personal information by putting in such a request through [contact] ; (ii) if you believe that the information we hold about you is inaccurate or that we are no longer entitled to use it and want to request its rectification, deletion or object to its processing, please contact us at [contact]; (iii) you may direct us to restrict or “block” the processing of personal information in certain circumstances, such as where you contest its accuracy or object to our processing of the information; (iv) you have the right to obtain your personal information that you provided to us and you may use such information elsewhere.
For your protection and the protection of all of our users, we may ask you to provide proof of identity before we can answer the above requests. Keep in mind, we may reject requests for certain reasons, including if the request is unlawful or if it may infringe on trade secrets or intellectual property or the privacy of another user. If you wish to receive information relating to another user, such as a copy of any messages you received from him or her through our service, the other user will have to contact us to provide their written consent before the information is released.
Also, we may not be able to accommodate certain requests to object to the processing of personal information, notably where such requests would not allow us to provide our Service to you anymore. For instance, we cannot provide our service if we do not have your date of birth.
Uninstall and Accountability. Remember that you can stop all information collection at any time by uninstalling the App using the standard uninstall process for your device. If you uninstall the App from your mobile device, the unique identifier associated with your device will continue to be stored. If you re-install the application on the same mobile device, we will be able to re-associate this identifier to your previous transactions and activities. In certain countries, including those in the European Union, you have a right to lodge a complaint with the appropriate data protection authority if you have concerns about how we process your personal information. The data protection authority you can lodge a complaint with notably may be that of your habitual residence, where you work or where we are established.
9. LODGING A COMPLAINT WITH A SUPERVISORY AUTHORITY
You are also hereby informed that you have the right to lodge a complaint with a competent supervisory authority (e.g. the French National Commission for Information Technology and Liberties in France - CNIL) in the Member State in which your place of residence or your workplace is located, or the place where your rights have been violated, if you consider that the processing of your personal data within the context of this Privacy Policy constitutes a violation of the applicable legal texts.
Such a complaint may be brought before an administrative or jurisdictional court without prejudice to any other claim. In such a case, you also have the right to an effective judicial and administrative redress if you consider that the processing of your personal data within the context of this Charter constitutes a violation of the applicable legal texts.
10. AGE POLICY
Only applicants 18 and over, or if not, applicants that have obtained the authorization of a guardian or administrator if he/she is incompetent, of his/her legal representative if he/she is a minor, or that he/she holds a power of attorney if he/she acts on behalf of a legal entity, will be considered for acceptance. However, we are not liable should an applicant misrepresent their age in their application. Should we become aware of a user who is not at least 18 years of age and has no authorization of a guardian, we will immediately remove that user from our Service. We do not knowingly collect, maintain or use information from children under the age of 18.
11. NO RIGHTS OF THIRD PARTIES
This Privacy Policy does not create rights enforceable by third parties or require disclosure of any information relating to users of the Service.
12. ABOUT US
Your access to the Service and this Privacy Policy are governed and interpreted by the laws of the State of France. By using the Service, you are consenting to the exclusive jurisdiction of the courts of France. You agree that such courts shall have in personam jurisdiction and venue and waive any objection based on inconvenient forum. You agree that you will not file or participate in a class action against us. In the event there is a discrepancy between this French language version and any translated copies of this Privacy Policy, the French version shall prevail.
13. HOW TO CONTACT US
If you have questions regarding our data processing activities, or if you wish to exercise any of your rights, please contact us through the App or via email at Contact Us