PRIVACY POLICY | OPTI DIGITAL

Introduction

The purpose of this Policy is to inform any individual User of the Websites (including www.optidigital.com and any other website managed by OPTI DIGITAL) and/or OPTI DIGITAL Services of the manner in which and the reasons for which their personal data is collected and processed by OPTI DIGITAL. This Policy also aims to remind the User of his rights and to provide him with all the elements necessary to exercise them.

OPTI DIGITAL does not use or share the User’s personal data for purposes other than those described in this Policy.

The terms used in this Privacy Policy have the same meaning as in OPTI DIGITAL contracts or in the European General Data Protection Regulation.

Identity of the data controller

The processing of the User’s Personal Data is carried out under the responsibility of OPTI DIGITAL SAS, 2 Rue des Vignes, 66160 Le Boulou, France (+33 6 29 944 977).

For any question or complaint, the User can contact OPTI DIGITAL by email: info@OPTI DIGITAL.fr.

Collection and use of personal data 

OPTI DIGITAL processes the following data for the following purposes. Please note: the provision of certain data (indicated as such at the time of collection) is mandatory in order to achieve the objectives described below and without this data, OPTI DIGITAL will not be able to provide all of its Services and/or the functionalities of the Websites.

Treatment objectiveData categoriesLegal basis
Communicate with the User about OPTI DIGITAL products and services (by email or via the contact, demo or free trial request forms); register the User for OPTI DIGITAL events; respond to requests for commercial partnerships; etc.Identification data (surname, first name, e-mail address)
Contact details (telephone number)
History of contracts/orders
Correspondence with the User (including requests and reasons for complaints).
User responses to satisfaction surveys.		Legitimate interest (to communicate with our prospects and customers; to improve our services).
Pre-contractual measures.
Managing relationships with customer or business partners Identification data (surname, first name, e-mail address)
Professional details (name of employer, position, sector of activity) Professional contact detailsHistory of contracts/orders		Pre-contractual and contractual measures (under contracts concluded with our customers)

Provide access to restricted areas of the Websites (such as Customer area)Identification data (surname, first name, e-mail address)
Professional contact details		Contractual measures.
Legitimate interest (to enable us to perform our obligations and provide our Services)
Receiving and managing job applications (candidates)Identification data (surname, first name, e-mail address)
Data relating to education and professional experience (CV, covering letters, position for which the candidate is applying, etc.).		Pre-contractual measures.
Legitimate interest (to receive applications and build up a CV library).
Understanding the use of the WebsitesNavigation data (including, but not limited to, IP address and domain name, browser version and operating system, browser language, access time, traffic data, location data, web logs, movements and clicks on the Websites).Consent* when required by law.
Legitimate interest (to improve our Websites and Services).
Promote OPTI DIGITAL Services by emailIdentification data (surname, first name, e-mail address)
Navigation data		Consent* when required by law.
Legitimate interest (to promote our Services).
Reorganising OPTI DIGITAL’s business: in the event that OPTI DIGITAL: (i) is the subject of negotiations for the sale of its business or part of it to a third party; (ii) is sold to a third party; or (iii) undergoes a reorganisation, OPTI DIGITAL may need to transfer all or part of the User’s personal information to the third party concerned (or its advisors) as part of any due diligence process for the purposes of analysing any proposed sale or reorganisation.Identification data (surname, first name, e-mail address)
Contract/order history		Legitimate interests (to enable OPTI DIGITAL to make changes to our activities)
Comply with OPTI DIGITAL’s legal and regulatory obligations, or deal with regulators, administrative or judicial authorities (for example in the event of a dispute).All categoriesLegal obligations
* Where the legal basis is consent, the User always has the option of refusing to give this consent, or withdrawing it at any time, via the consent management console available on the Websites and/or unsubscribe links integrated into marketing communications received by email. 

Data retention

The retention periods for Personal Data are based on both the needs of OPTI DIGITAL’s Services and the legal requirements to which OPTI DIGITAL is subject. OPTI DIGITAL retains Personal Data for as long as necessary to achieve the processing purposes for which the information was collected, as well as any other related permitted purposes, or for as long as is permitted by law.

When Personal Data is no longer required, OPTI DIGITAL irreversibly renders it anonymous or destroys it in complete security.

Data sharing

The User’s personal data may be shared:

  • Internally with the OPTI DIGITAL teams.
  • Externally, with service providers who assist OPTI DIGITAL in the provision of its Services, such as :
    • Hosting provider
    • Suppliers of marketing communication services
    • Analysis and statistics service providers
    • Database management service providers (customers or users).

OPTI DIGITAL contractually requires these service providers to maintain the confidentiality of personal data and not to use them for purposes other than those necessary for the execution of the agreement concluded with them.

Data transfers outside the European Economic Area

The User’s Personal Data may be accessed by staff or suppliers, transferred and/or stored in a country other than that of the User or OPTI DIGITAL, whose data protection laws may be less strict.  In all circumstances, OPTI DIGITAL protects personal information as indicated in this privacy protection policy.  

Where OPTI DIGITAL transfers personal information from the European Economic Area (EEA) to outside the EEA, OPTI DIGITAL may be required to take specific additional steps to protect the personal information concerned.  Certain countries outside the EEA have been approved by the European Commission as offering protections substantially equivalent to EEA data protection laws and, therefore, no additional safeguards are required to export personal information to those jurisdictions. In countries that have not received such approvals (see the full list here https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en?prefLang=fr&etrans=fr), OPTI DIGITAL guarantees the security of transferred data by putting in place the mechanisms required by the GDPR.

The User may contact OPTI DIGITAL as indicated in the Contact section below to obtain a copy of the specific guarantees applied to the export of personal data.

Cookies and trackers

Further information and the list of cookies and trackers that OPTI DIGITAL uses on the Websites are provided in the Cookies Policy. 

Security and storage

OPTI DIGITAL endeavours to implement all technical and organisational measures necessary to protect the User’s Personal Data. However, no method of transmission over the Internet or of electronic storage is 100% secure or reliable and OPTI DIGITAL cannot guarantee absolute security.

Personal data is stored on OPTI DIGITAL’s secure servers or those of its subcontractors, and access to and use of such data are subject to OPTI DIGITAL’s and its subcontractors’ security policies and standards.

Link to other websites

The Websites may contain links to external third-party websites. Please note that these external websites are not operated by OPTI DIGITAL. Consequently, OPTI DIGITAL advises the User to consult the privacy policy of these websites before using them. OPTI DIGITAL has no control over and takes no responsibility for the content, privacy policies or practices of third-party websites or services.

Ext

User rights

  1. Marketing: The User has the right to ask OPTI DIGITAL not to process or to cease processing his/her personal data for marketing purposes.  The User may exercise his right to prevent such processing by ticking or not ticking certain boxes on the forms that OPTI DIGITAL uses to collect his personal data, by contacting OPTI DIGITAL as indicated in the “Contact” section below, or by clicking on the link provided for this purpose in any marketing communication sent to him.
  1. Under certain conditions, the User may also have the right to :
  1. request clarification of this Policy and OPTI DIGITAL’s use of their Personal Data;
  2. Ask for a copy of their Personal Data OPTI DIGITAL processes;
  3. Update any inaccuracies in the personal data that OPTI DIGITAL holds about him/her;
  4. Request the deletion of any personal data for which OPTI DIGITAL no longer has any legal grounds for use;
  5. Where processing is based on consent, withdraw consent so that OPTI DIGITAL can stop the processing;
  6. To object to any processing on the grounds of legitimate interests, unless OPTI DIGITAL’s reasons for undertaking such processing outweigh any prejudice to its data protection rights; 
  7. In France, define instructions on how they wish their personal data to be used after their death;
  8. Restrict the use of its data while a request to exercise the above rights is being examined.

Certain exceptions apply to the exercise of these rights and the User will therefore not be able to exercise them in all situations. If the User wishes to exercise one of these rights, OPTI DIGITAL will check that all the conditions for exercising these rights have been met and will respond as soon as possible.

  1. If the User is not satisfied with OPTI DIGITAL’s use of their personal information or the response to the exercise of these rights, the User has the right to lodge a complaint with the supervisory authority in their place of habitual residence or the place where the alleged breach occurred. In France, the Commission Nationale de l’Informatique et des Libertés is competent (www.cnil.fr).
  2. Personal data processed as a sub-contractor

When you access the websites of a client or business partner of OPTI DIGITAL (a Publisher), to whom we provide our advertising performance optimisation Services, we may access your Personal Data by means of trackers and cookies. OPTI DIGITAL’s technologies collect and use data in order to : 

  • Store and/or access information on your device,
  • Use limited data to select and deliver more relevant advertising and personalised content,
  • Measure the performance of the content and advertising on the Publisher’s website,
  • Understand the Publisher’s website’s audience using statistics,
  • Ensure security, prevent and detect fraud and correct errors.

In this case, OPTI DIGITAL acts as a Data Processor and the Publisher as the Data Controller, which means that OPTI DIGITAL only collects and processes Personal Data on behalf of the Publisher and in accordance with its contract with the Publisher. 

We do not process any directly identifying data (surname, first name, email address, etc.) or any sensitive data (relating to your health, religion, political or sexual preferences, etc.). We collect and process data such as IP address, user agent, type of terminal and browser, URLs visited and your country.

We never re-use your Personal Data for our own purposes and do not combine this data with data collected for another Publisher or third party. The processing of your data by OPTI DIGITAL does not allow profiling operations to be carried out, nor does it allow automated decisions to be taken that could have a negative impact on you.

When you access the Publisher’s site, an information banner informs you that advertising cookies may be placed on your terminal and asks you, where required by law, to give your consent. You may choose to deactivate advertising cookies and your Personal Data will no longer be collected. As part of the provision of its Services, OPTI DIGITAL is registered as an IAB Vendor and complies with the IAB TCF 2.2 framework. We take all the necessary precautions, as well as all the appropriate organisational and technical measures, to preserve the security, integrity and confidentiality of your data, and in particular to prevent it from being distorted or damaged and from being accessed by unauthorised third parties.

Use of legitimate interest: OPTI DIGITAL or the Publisher may use the legal basis of legitimate interest for the purposes of selecting advertising campaigns and measuring the performance of advertising campaigns.

This legitimate interest is justified (i) for OPTI DIGITAL, by the need to provide a quality service to its clients and to improve its services, and (ii) for the Publisher, by the need to establish precise statistics on its advertising campaigns. OPTI DIGITAL puts in place all the necessary guarantees to ensure that your fundamental rights are respected.  

For further information on this data processing, please refer to the Publisher’s privacy policy. 

External Collaborations

Under the GDPR, it is stipulated that:

“Where a data controller has an online presence, the WP29 recommends that the controller provides a privacy notice which is layered. The data subject should have a clear overview of the information available to them and on finding detailed information within the layers of the notice. The Guidelines provide that the first layer should always contain information on the processing which has the most impact on the data subject and processing which could surprise the data subject.”

There are various interpretations of that statement, while we understand some clients are taking the GDPR regulations more seriously than others, in accordance with our advice, Sopro have updated our best practice compliance guidelines to require all clients to include a statement in keeping with (or to the effect of) the statement set out below. This is to ensure data subjects are notified of Sopro as an appointed data processor within the terms of their online privacy policy. 

Clause for insertion as follows:

“Third Party Processors: Our carefully selected partners and service providers may process personal information about you on our behalf as described below: 

Digital Marketing Service Providers: We periodically appoint digital marketing agents to conduct marketing activity on our behalf, such activity may result in the compliant processing of personal information.  Our appointed data processors include:

(i) Prospect Global Ltd (trading as Sopro) Reg. UK Co. 09648733. You can contact Sopro and view their privacy policy here: http://sopro.io.  Sopro are registered with the ICO Reg: ZA346877 their Data Protection Officer can be emailed at: dpo@sopro.io.”

Changes to this Policy 

OPTI DIGITAL may update its privacy policy from time to time. It is therefore recommended that you consult this page regularly to take note of any changes. OPTI DIGITAL will inform the User of any modification by publishing the new confidentiality policy on this page.

Contact 

If you have any questions about this Privacy Policy, please contact dpo@optidigital.com