SCRIBENS PRIVACY POLICY

The data controller is the company SCRIBENS, ("SCRIBENS"), a French "Société à responsabilité limitée" (SARL) company incorporated under the laws of France, with a capital of € 100, registered with the Montpellier Trade and Companies Register under number 841 985 633, having its registered office at 650, avenue du Pirée, 34.000 MONTPELLIER, FRANCE.

SCRIBENS can be contacted at the contact points specified below:

• Via postal mail: SCRIBENS, 650, avenue du Pirée, 34.000 MONTPELLIER.
• Via email: [email protected]
• Via phone: +33 7 83 57 45 16, from Monday to Friday (working days) from 9:00 am to 5:30 pm.

This Privacy Policy (hereinafter the “Privacy Policy”) specifies the conditions under which SCRIBENS, acting as a data controller, collects and processes personal data of users (hereinafter the “Users”) in the context of the use of the website “scribens.com” (hereinafter the “Website”) and the provision of its services, including paying services it proposes (“Premium Service”).

In order to provide the Users with the services requested and improve the Users’ experience on the Website, SCRIBENS may collect or receive Users’ personal data. This is notably the case when a User (i) creates a user account, (ii) agrees to receive notifications, (iii) subscribes to services, and (iv) converses with SCRIBENS by postal mail, email, or via the contact form available on the Website.

In accordance with the provisions of European Regulation No. 2016/679 of 27 April 2016, referred to as the "General Data Protection Regulation" or "GDPR", and the amended French Data Protection Law (Loi Informatique et Libertés), SCRIBENS collects and processes personal data under the conditions described below.

SCRIBENS may modify this Privacy Policy, in particular to comply with any regulatory, case-law, editorial or technical developments. Where applicable, the date of the update at the top this Privacy Policy will be modify.

When necessary, Users will be informed or solicited to possibly obtain their consent. It is recommended to Users to review this Privacy Policy regularly to be informed of any changes or updates that may be implemented.

SCRIBENS collects and processes the following categories of personal data:

• Identification data: first name, last name, country;
• Login data: username, password;
• Contact data: email, mail address;
• Data related to the use of the services: text entered by the Users;
• Banking data: type of credit card used, bank details, PayPal user account, being specified that these data are only used at the time of the payment but are not registered and/or kept by SCRIBENS;
• Transaction data: services ordered (nature, duration, expiration date, etc…), services performed, services refunded, correction options;
• Browsing data: user account connections;
• Technical data: terminal used, internet browser, OS, IP address, Mac number.

While collecting data through forms, the mandatory or optional nature of certain data fields is marked with an asterisk. Personal data identified with an asterisk are mandatory. If the field is not filled in, the request cannot be processed.

The User acknowledges that, by voluntarily providing the required data, he/she agrees that this data will be processed under the conditions and for all the purposes indicated below.

SCRIBENS collects personal data directly from the Users, in particular at the Users’ initiative, including by creating a user account.

• Subscriptions and execution of subscriptions and related services (invoicing, claims, requests, etc…). The processing is based on the contract.
• Management of User accounts. The processing is based on the contract.
• Management and operation of the Website and access to the various contents of the Website. The processing is based on the legitimate interests pursued by SCRIBENS to ensure the security and proper functioning of the Website and the legitimate interests of the Users to access freely to the contents of the Website.
• Evaluation and optimization of the services offered and the Website. The processing is based on the legitimate interests pursued by SCRIBENS to measure customers satisfaction and to improve its services.
• Response to Users’ requests, including any information or contact request relating to the services offered by SCRIBENS. The processing is based on the legitimate interests pursued by SCRIBENS in responding to Users’ requests and the legitimate interests of Users in obtaining a response.
• Contacting customers for commercial and marketing purposes. The legal basis for the processing is the data subject consent, which can be withdrawn at any time by simply sending a letter or email to the contact details mentioned at the top of this Privacy Policy.
• Use of unnecessary cookies. The legal basis of the processing is the data subject consent, which can be withdrawn at any time.
• Management of accounting and compliance with tax obligations. The processing is based on a legal obligation.
• Management of Users' requests relating to the exercise of their rights. The processing is based on a legal obligation.

The personal data are processed exclusively, within the limits of their respective tasks, (i) by SCRIBENS’ internal services, in particular customer service, IT service, communication and marketing service, legal department (ii) by external service providers, in particular IT service providers (e.g., webmaster, web hosting), banking and accounting service providers (e.g., bank, accountant), legal service providers (e.g., lawyers, legal counsels).

Except the above-mentioned transfers, User’s personal data are not passed on to third-parties. In particular, the personal data are not sold, exchanged, transferred or otherwise disclosed to third party without the User’s consent.

In addition, in accordance with the applicable regulations, the data collected may be transmitted to third parties authorized by law and in particular to the relevant authorities upon request (for example: public organizations), exclusively to comply with legal obligations, as well as for the purposes of investigations on offences committed on Internet.

Finally, in the event that SCRIBENS is involved in a merger, acquisition, transfer of assets or bankruptcy, it may be required to transfer or share all or part of its assets, including the personal data of Users. In such a case, Users will be informed of the transfer of their personal data to a third party.

SCRIBENS retains the personal data only as long as necessary to fulfil the purposes for which the data are collected.

The retention period for Users’ personal data is as follows:

• Data collected in the context of a subscription:
  • For the entire duration of the execution of the subscription,
  • Beyond:
    • for data relating to the contract: for 5 years as evidence under the French Civil Code,
    • for accounting data: for 10 years in accordance with the accounting obligations of the French Commercial Code.
  Unless specific consent, banking details are not kept and are deleted immediately after the order has been paid for.
• Data collected in the context of the creation of a user account:
  • during the entire period of activation of the user account until its closure or after a period of inactivity of 3 years,
  • beyond:
    • for data relating to the contract: for 5 years as evidence under the French Civil Code,
    • for accounting data: for 10 years in accordance with the accounting obligations of the French Commercial Code.
• Data collected in the context of the use of the services:
  • for all texts entered: no text is stored on SCRIBENS servers, nor transmitted to third parties,
  • for recent texts of Premium Service customers: 7 days in draft form as of the date of their entry, provided that the customer has previously activated the associated backup function.
• Data collected for the purpose of improving the quality of the services provided, assessing User satisfaction, and improving and optimising the operation and security of the service and the Website:
  • for the time necessary to achieve the intended purpose,
  • beyond: 5 years as evidence under the French Civil Code.
• Data collected for commercial prospection purposes:
  • for 3 years from the last order or the last contact with the User, unless the User has withdrawn his/her consent before this deadline.
• Data collected by cookies and tracers placed on the User's terminal: see the dedicated “cookies” section below.
• Data collected through social networks: for the period of activation of the social network account, subject to the exercise of the right to erasure or opposition by the User.

In any case, the personal data of the User may be subject to intermediate archiving for evidentiary purposes, in accordance with the statutory limitation periods and according to SCRIBENS’ regulatory and legal obligations.

In accordance with the recommendations of the CNIL, in the event that the data are kept beyond the duration of intermediate archiving, it will be subject to a procedure of anonymization to ensure that Users can not be identified.

SCRIBENS implements the technical, organizational and legal measures necessary to preserve the security and confidentiality of User’s personal data, both online and offline. In particular, when a User makes a correction request, the text is encrypted in SSL and sent to a web application firewall for the purpose of analysing requests in order to prevent malicious attacks. Only accepted requests are then sent to SCRIBENS' secure servers.

The User is aware that he/she has the right to be informed, a right of access, a right to rectification, a right to erasure (“right to be forgotten”), a right to object to direct marketing, a right to withdraw his/her consent at any time for any processing based on consent, a right to limitation, a right to data portability, as well as the right not to be subject to an automated individual decision (including profiling).

To exercise these rights, the User is invited to contact SCRIBENS at the contact details mentioned at the top of this Privacy Policy. SCRIBENS reserves the right to ask the User to provide proof of the identity of the person concerned (copy of national identity card or passport) in case of doubt about the identity of such a person.

In addition, in the event of a dispute concerning the processing of personal data, the User may file a complaint at the CNIL via the online complaints service accessible at www.cnil.fr/fr/plaintes or by postal mail by writing to CNIL - Service des Plaintes - 3 Place de Fontenoy - TSA 80715 - 75 334 PARIS CEDEX 07.

For information purposes, in accordance with the provisions of Article L.223-1 of the French Consumer code, the User is informed that he/she has the right to register free of charge on a list of opposition to telephone canvassing if he/she does not wish to be canvassed by telephone.

Users’ personal data are not subject to automated decision-making.

Personal data collected are not subject to transfers outside the European Union. Personal data are stored within the European Union in secure databases operated by SCRIBENS and/or its service providers.

SCRIBENS uses files called "cookies" that may be stored on the User's terminal. A cookie is a text file stored by the browser, which allows it to retain information between web pages and browsing sessions.

The User may refer to the CNIL website for further information on cookies: https://www.cnil.fr/fr/cookies-et-traceurs-que-dit-la-loi.

These cookies record information relating to the User's browsing on the Website and store information that the User has entered during his/her use of the Website.

The Website uses cookies that are necessary for its operation, in particular cookies allowing to memorize the login information (login and password), as well as cookies for securing payments.

The Website also uses cookies for advertising targeting, statistics and personalization of the Website, as well as social network sharing cookies.

These cookies are the following:

• Essential cookies:

The User can also set his/her browser to indicate to the sites consulted his/her wish not to be tracked ("Do Not Track").

In the event that the User connects to SCRIBENS services using the social network application buttons made available on the Website, SCRIBENS will have access to some of the data relating to the User’s account on the said social media (including his or her first name, surname, pseudonym, profile picture, date of birth, introductory message, publications, email address, possibly telephone number and messages exchanged), and this in accordance with the general terms of use of the concerned social network.

It is thus possible for the User to interact by clicking on application buttons representing third party sites and applications, and in particular to give an opinion via the social network buttons present on the Website. This action has the effect, on the one hand, to transfer information from third party sites concerned to SCRIBENS, and on the other hand, to allow the social network concerned to track the navigation of the User on the Website, in accordance with the general conditions of use of the concerned social network.

In any event, the User is responsible for its contractual relationship with these platforms and third-parties’ sites (profile, privacy settings). In any case, SCRIBENS cannot bear responsibility for any damage resulting from the use of these platforms.

As such, SCRIBENS recommends that Users read the privacy policies applicable to each of these platforms to configure their privacy settings. The User can also block tracking from social network buttons in the reference pages of the concerned social network. It is also recommended that Users read the policy for managing these social network cookies on the concerned sites. The blocking of the buttons can also be obtained by using the free software extension Privacy badger available at the following address: https://chrome.google.com/webstore/detail/privacy-badger/pkehgijcmpdhfbdbbnkijodmdjhbjlgp?hl=en.