Privacy Policy

www.falnow.com

Last updated on 23/03/2023.

PREAMBLE 

This Privacy Policy tells you how FalNow uses and protects the information you provide to us, if any, when you use this site accessible from the following URL: www.falnow.com (hereinafter the "Site").

Please note that this Privacy Policy may be modified or supplemented by FalNow at any time, including for the purpose of complying with any legal or technological developments. In such a case, the date of the update will be clearly identified at the top of this policy. These modifications are binding on the User as soon as they have been informed of the updated privacy policy. 

ARTICLE 1. PARTIES

The present privacy policy is applicable between the publisher of the Site, namely SASU FLY CAN, hereinafter "FalNow", and any person connecting to the Site, hereinafter "the User".

ARTICLE 2. DEFINITIONS

"Content of the Site": elements of any kind published on the Site, protected or not by an intellectual property right, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.  

"Internet user": any person connecting to the Site.

"Site": a website accessible at the URL www.falnow.com, as well as sub-sites, mirror sites, portals and variations of URLs relating to it.

ARTICLE 3. SCOPE OF APPLICATION

This privacy policy is applicable to all Internet users. Your mere browsing of the Site implies your full and complete acceptance of this policy.

The User acknowledges the value of FalNow's automatic recording systems as evidence and, unless he/she can prove otherwise, he/she waives the right to contest them in case of litigation.

The acceptance of this Privacy Policy implies that the User has the legal capacity to do so, or that he/she is at least 18 years old, or if not, that he/she has the authorization of a guardian if he/she is incapable, or of his/her legal representative if he/she is less than 18 years old, or that he/she has a mandate if he/she is acting on behalf of a legal person.

ARTICLE 4. PERSONAL DATA

In accordance with the General Data Protection Regulation (GDPR) adopted by the European Parliament on April 14, 2016 and with the national legislation in force, FalNow provides you with the following information:

4.1 Identity of the data controller

The person responsible for the collection and processing of data on the Site is SASU FLY CAN, a simplified joint stock company with a single shareholder, whose registered office is located at 40 route Breguières, 06110 Le Cannet, SIREN: 840 933 410, Email: helpdesk@falnow.com

4.2 Identity of the Data Protection Officer

The Data Protection Officer is Deshoulières Avocats Associés, 121 boulevard de Sébastopol 75002 Paris, tel: +33.1.77.62.82.03, rgpd@deshoulieres-avocats.com, www.deshoulieres-avocats.com.

4.3 Data Collection by FalNow

4.3.1 Data collected during navigation

While browsing the Site, you consent to FalNow collecting information related to: IP address, site usage, content viewed, demographic data, device used and software environment, connection times

4.3.2 Purposes of collecting personal data

The data collected during browsing is subject to automated processing for the purpose of :

-    determining the use made of the Site;

-    to find out the content consulted and clicked on by the Internet user;

-    to send information and contact people, including by e-mail

-    to prevent any illicit or illegal activity;

-    to enforce the conditions relating to the use of the Site.

4.3.3 Legal basis for processing

The legal basis for the data collected during browsing is FalNow's legitimate interest in analysing behaviour on the Site and in achieving improved security and operation of the Site. With regard to the data resulting from the implementation of certain cookies, the User is invited to refer to FalNow's cookie policy https://falnow.com/en/cookie-policy.php 

4.3.4 Recipients of the data

The data collected is only available to the members of FalNow, to the staff in charge of the management of the website and to the management of FalNow, and is never made freely viewable by a third party.

4.3.5 Retention period of personal data

The personal data collected during the navigation is kept for a reasonable period of time necessary for the proper administration of the Site and for a maximum of 12 months, or until the withdrawal of consent of the persons concerned. 

At the end of each of these periods, FalNow will archive this data and keep it for the time during which its responsibility can be called into question. 

After this retention period, FalNow will permanently delete the data of the persons concerned.

4.3.6 Security and confidentiality of personal data

Personal data is kept in secure conditions, using current technical means, in compliance with the provisions of the General Data Protection Regulation and the national legislation in force.

4.3.7 Minimisation of personal data

FalNow may also collect and process any data voluntarily submitted by an Internet User. 

FalNow will direct Internet users as much as possible when they provide unnecessary or superfluous personal data.

FalNow undertakes to keep and process only the data strictly necessary for its activities, and will delete any data received that is not useful as soon as possible.

4.4 Respect of rights

You have the following rights with respect to your personal data, which you may exercise by writing to us at our postal address or by sending an email to the following address: helpdesk@falnow.com

4.4.1 Right to information, access and communication of data

You have the right to access your personal data.

Because of the obligation of security and confidentiality in the processing of personal data which is incumbent on FalNow, your request will only be processed if you can prove your identity, in particular by producing a scan of your valid identity document (in case of email request) or a signed photocopy of your valid identity document (in case of written request), both accompanied by the words "I certify on my honour that the copy of this identity document is in conformity with the original. Done at ... on ...", followed by your signature.

To help you in your approach, you will find here a model letter drawn up by the Cnil.

4.4.2 Right to rectify, delete and forget data

You have the right to request the correction, updating, blocking or deletion of your personal data which may be inaccurate, erroneous, incomplete or obsolete.

You can also define general and specific directives concerning the fate of your personal data after your death. Where appropriate, the heirs of a deceased person may request that the death of their relative be taken into account and/or that the necessary updates be made.

To help you in your approach, you will find here a model letter drawn up by the CNIL.

4.4.3 Right to object to data processing

You have the possibility of objecting to the processing of your personal data. 

To do so, you should send an email to the following address: helpdesk@falnow.com In this email, you must specify the data you wish to have deleted as well as the reasons justifying this request, except in the case of commercial prospecting. 

4.4.4 Right to data portability

You have the right to receive the personal data you have provided to us in a transferable, open and readable format. 

4.4.5 Right to limit processing

You have the right to request that the processing of your personal data by FalNow be limited. In this way, your data will only be retained and not used by FalNow.

4.4.6 Withdrawal of consent

Your consent is essential for FalNow to process your data. However, you may withdraw your consent at any time. Such withdrawal will result in the deletion of your personal data. 

The services that require FalNow to process your data will no longer be available. 

4.4.7 Response time 

FalNow undertakes to respond to your request for access, rectification or opposition or any other additional request for information within a reasonable time period which shall not exceed 1 month from the receipt of your request.

4.4.8 Complaint to the competent authority

If you consider that FalNow is not complying with its obligations with respect to your personal information, you may make a complaint or request to the competent authority. In France, the competent authority is the Cnil to which you can send a request here.

4.5 Transfer of collected data 

4.5.1 Transfer to partners 

FalNow informs you that we have recourse to authorized service providers to facilitate the collection and processing of the data you have communicated to us. These service providers may be located outside of the European Union and may have access to the data collected on the Site.

FalNow has previously ensured that its service providers provide adequate guarantees and respect strict conditions regarding confidentiality, use and protection of data.

This Site uses social network plug-ins (see table below). When a plugin is integrated into a page of the site, the logo of the social network appears on the page. When you visit a page of the Site containing a plug-in, your IP address and the URL address of the page visited on the Site are transmitted to the social network concerned.

The User consents to the data collected being transmitted by FalNow to its partners and being processed by these partners in the context of third party services, namely :

4.5.2 Transfer upon request or court order

The User also agrees that FalNow may disclose the collected data to any person, upon request of a state authority or court order. 

4.5.3 Transfer in connection with a merger or acquisition

If FalNow is involved in a merger, a sale of assets, a financing operation, a liquidation or bankruptcy or in an acquisition of all or part of its business by another company, the User agrees that the data collected will be transferred by FalNow to this company and that this company will operate the personal data processing referred to in this Privacy Policy instead of FalNow.

ARTICLE 5. INTELLECTUAL PROPERTY 

5.1 Legal protection of the Materials on the Site

The Contents of the Site may be protected by copyright and database rights. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of FalNow or its successors or assigns, constitutes a violation of Books I and III of the Intellectual Property Code and may give rise to legal proceedings for counterfeiting

5.2 Contractual protection of the Contents of the Site

The Internet User contractually commits to FalNow not to use, reproduce or represent, in any way whatsoever, the Contents of the Site, whether or not they are protected by an intellectual property right, for any other purpose than their reading by a robot or a browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Site for indexing purposes.

ARTICLE 6. FINAL PROVISIONS

6.1 Changes 

This Privacy Policy may be modified at any time by FalNow. The conditions applicable to the User are those in effect at the time of his connection to the Site. Any substantial modification of the present Privacy Policy will be the object of an information at the time of the first connection of the Internet User following their entry into force. This new privacy policy will then be subject to a new acceptance.

6.2 Entirety

The invalidity of one of the clauses of this policy shall not entail the invalidity of the other clauses of the policy or of the policy as a whole, which shall retain their full effect and scope. In such a case, the parties shall, to the extent possible, replace the invalidated provision with a valid provision corresponding to the spirit and purpose of this Policy.

6.3 Non-Waiver

FalNow's failure to exercise any of its rights hereunder shall not be construed as a waiver of such rights.

6.4 Language

This Policy is offered in French.

6.5 Unfair terms

The stipulations of these conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.

ARTICLE 7. DISPUTES

7.1 Applicable law

This Privacy Policy is subject to the application of French law and European regulations, in particular the European Data Protection Regulation.

7.2 Disputes

Pursuant to Order No. 2015-1033 of 20 August 2015, any disputes that may arise in connection with the performance of these general terms and conditions and for which no amicable solution has been found between the parties shall be submitted to an approved mediator.

7.3 Arbitration

Any dispute arising out of or in connection with this agreement shall be settled by arbitration in accordance with the  FastArbitre  https://fast-arbitre.com/fr/  Rules of the Digital Institute of Arbitration and Mediation.