LEGAL NOTICE

NIXKA, a simplified joint-stock company with a share capital of 357 143,00€,

Whose headquarters is located at 1120 Route de Gémenos – 13400 AUBAGNE,

Represented by Mister Paul MORGAVI, in his capacity as Director-General,

Registered with the trade and company register (RCS) in Marseille under SIRET number 890 200 546,

VAT identification number: FR 75 890200546

 

Contact:

 

Hosted by Wix.com Inc., 500 Terry A François Blvd San Francisco, CA 94158, tel: +1 415-639-9034. 

 

DPO: Paul MORGAVI / paul.morgavi@nixka.fr

 

PRIVACY POLICY

 

Nixka, simplified joint stock company under French law(société par actions simplifiée) with share capital of €357,143.00, with its registered office at 1120 Route de Gémenos – 13400 Aubagne, entered on the Marseilles Trade and Companies Register under SIRET number 890 200 546, (“NIXKA” or “We”) collects and processes, as data controller, personal data concerning customers and prospects (the “Users” or “you”) using the NIXKA services accessible via the website https://www.nixka.fr (the “Website”). 

 

NIXKA takes care to protect people's privacy and personal data. As such, it adopts and complies with a personal data processing policy in accordance with the regulations in force and in particular the General Data Protection Regulation no. 2016/679 of 27 April 2016 (the "GDPR").

 

Thus, the purpose of this policy relating to privacy and protection of personal data (the "Policy") is to set out the terms and conditions for the processing of the personal data of Users by NIXKA.

By browsing the Website, you agree to the collection and use of your personal data as described in this Data Protection Policy.

 

NIXKA reserves the right to change the Policy at any time. We shall notify you by email of any material changes to the Policy.

 

   1. SCOPE

 

The Policy describes how NIXKA processes your personal data when you use the Website. Our Policy also covers other channels for collecting your personal data, including over the phone when you contact our customer care service. Each solution or service processing your personal data may, under its own general terms and conditions of use, have privacy rules that supplement the Policy.

  

   2. MANAGEMENT OF THE WEBSITE

 

NIXKA reserves the right to suspend or modify access to the Website, the Website itself or certain features or parts of the Website to certain persons or Users. NIXKA also reserves the right to suspend the operation of the Website in order to update it or to bring it into compliance.

 

   3. DATA CONTROLLER

 

The data controller is the person who determines the purposes and means of the processing of personal data.

 

NIXKA is the data controller for all the processing of your personal data falling within the scope mentioned hereinafter. You can contact us at the following address: contact@nixka.fr

 

However, NIXKA may not be held liable for a problem caused by a failure or breakdown of the Website beyond NIXKA’s control.

 

If, when consulting the Website, you have access to personal data, you must refrain from any collection, unauthorised use and any act that may constitute an infringement of the privacy or reputation of individuals. 

 

   4. COLLECTED DATA

 

In the context of this processing, the data collected from you may include the following:

  • First name, last name, email address, telephone number;

  • Customer invoicing and/or delivery address;

  • IP/Mac address;

  • Information about the hardware and devices used to access the Websites, in particular the type of device (desktop computer or laptop), the operating system, the type of internet browser, the mobile device and mobile operating system identifier;

  • How you browse on the Website;

  • Connection cookies;

  • Connection and browsing data;

  • Other information that you would like to share with us.

 

The mandatory or optional nature of the data is indicated to you by an asterisk when data are collected. Certain data are collected automatically as a result of your actions on the Website.

 

   5. PURPOSES AND LEGAL BASES OF PROCESSING

 

For the following purposes, we request your consent:

  • Satisfaction surveys;

  • Canvassing;

  • Targeted advertising;

  • Special offers, promotions and warranties;

  • Newsletter. 

 

Your data are processed as part of the performance of the contract between you and NIXKA, and in particular the contact with the customer service centre (to respond to your requests).

 

Based on our legitimate interest and in accordance with your rights, we process your data:

  • For the management, operation and optimisation of the Website;

  • To respond to your requests;

  • To create a file of registered members, users, customers and prospective customers;

  • For the implementation of user support;

  • To manage the collection of payments;

  • For detecting, investigating, preventing or taking action regarding illegal activities, abuse, suspected fraud or situations involving potential threats to the security or rights of an individual or entity, and to be used as evidence in litigation;

  • To investigate, prevent and hinder breaches of this Policy and damage to our properties;

  • To protect and defend our property, rights and interests, in particular in litigation before any court or authority.

 

NIXKA only collects data that is appropriate, relevant and limited to what is necessary for the purposes for which they are processed.

The processing of your personal data is justified by different grounds (legal basis) depending on the use of the personal data. The different applicable legal bases are:

  • consent: you consent to the processing of your personal data by express consent. You may withdraw this consent at any time.

  • the legitimate interest: NIXKA has a legitimate interest in processing your data that is justified, balanced and does not infringe your privacy. Subject to exceptions, you may object to processing based on a legitimate interest at any time by notifying NIXKA.

  • the law: the processing of your personal data is required by law.

  6. RETENTION PERIOD

 

Personal contact data linked to the sending of messages by email will be retained for three years from our last contact.

Personal Data collected in order to improve the Website shall be stored for the time necessary for the purposes for which they are collected.

After these periods, the Personal Data are deleted or archived for evidential purposes.

 

   7. COMMERCIAL OFFERS

 

If you have registered for the newsletter, you may receive commercial offers from NIXKA. If you wish to unsubscribe, please send a message to this address: contact@nixka.fr.

 

 

    8. PROVISION OF PERSONAL DATA

 

NIXKA does not disclose your personal data to other companies for marketing purposes.

 

Some of your information is sent to subcontracting companies established within the European Union (in particular third party hosting providers) and to ensure the proper functioning of the Website, in compliance with administrative, technical and physical security measures in order to protect them against any unlawful disclosure, use, modification and destruction by third parties. These are essentially our data hosting providers, payment providers and our service provider responsible for the maintenance of our website. It is specified that in accordance with the general conditions of our hosting providers, data may be transferred outside the European Union to the following countries: United States of America, South Korea, Taiwan and Israel. These transfers are made to countries either considered by the European Commission as offering an adequate level of protection or made on the basis of Standard Contractual Clauses set up by the hosting providers.

 

If others service providers were to be located outside the European Union, NIXKA shall take all measures to ensure that such data transfers outside the European Union are governed either by adhering to an adequacy decision of the European Commission, the conclusion of European Commission Standard Contractual Clauses or any other appropriate guarantees provided for by Article 46 of the GDPR.

 

We are committed to ensuring appropriate security checks to protect your personal data against any foreseeable danger.

 

Furthermore, collected and processed personal data may be sent to:

  • authorised persons from the relevant departments within NIXKA,

  • in the event of an offence, theft or other breach of our General Terms and Conditions or the law, personal data may be transferred to our insurance company and/or brokerage company, which is required to maintain the confidentiality of the data sent and, where applicable, to the police and legal services.

  • the administrative and judicial authorities, and more generally to public bodies in the context of compliance with our legal obligations or to allow us to defend our rights and interests,

  • our legal advisers and lawyers, where necessary,

  • if we sell or transfer our business or part thereof and your personal data relate to the part sold or transferred, or if we merge with another business, we will share your personal data with the new business owner or our merger partner, respectively.

 

   9. SECURITY OF YOUR PERSONAL DATA

 

NIXKA complies with the rights and duties of Articles 32, 33 and 34 of the GDPR.

 

NIXKA is committed to protecting the security, confidentiality and integrity of your personal data provided on our website through technical and organisational measures.

 

As Personal Data are confidential, NIXKA limits access thereto solely to those of the company's employees or service providers who need them in connection with the processing.

All persons with access to personal data are bound by a duty of confidentiality and are subject to sanctions if they do not comply with these obligations.

When we use subcontractors, service providers or transfer personal data to partners, this communication is covered by a contract to ensure the protection of this information.

  

   10. USER RIGHTS

 

Users are informed that they have, under the conditions of the GDPR and the laws applicable in France, a right of access, rectification, erasure and portability of their personal data, as well as a right of limitation, querying and objection to the processing of these data.

 

The User may exercise his/her rights with NIXKA at no cost using the contact details provided above.

 

 The User therefore has the following rights: 

 

  • Right of access: the User shall have the right to obtain from NIXKA confirmation as to whether or not personal data concerning him/her are being processed, and, where that is the case, access to the personal data and information relating to the purposes of the processing (Art. 15 of the GDPR). Manifestly unfounded, excessive or repeated requests may not receive a response,

 

  • Right of rectification: the User shall have the right to obtain from NIXKA the rectification of inaccurate personal data concerning him/her without undue delay (Art. 16 of the GDPR),

 

  • Right to erasure: the User shall have the right to obtain from the Company the erasure of personal data concerning him/her, under the conditions provided for in Article 17 of the GDPR,

 

  • Right to portability: the User shall have the right to receive the personal data concerning him/her, which he/she has provided to the Company, in a structured, commonly used and machine-readable format, and shall have the right to transmit those data to a third party (Art. 20 of the GDPR). This right applies only to data provided, when the processing is based on consent or a contract and is carried out using automated processes,

 

  • Right to restrict the processing: the User shall have the right to obtain from the Company a restriction of the processing of his/her personal data under the conditions of Article 18 of the GDPR,

 

  • Right to withdraw consent: Users shall have the right to withdraw their consent to the processing of their data if this processing is based on consent. The withdrawal of this consent does not affect the lawfulness of the processing based on the consent granted before its withdrawal,

 

  • Right to object: the User shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her, which is based on legitimate interest, under the conditions of Article 21 of the GDPR,

  • Right to determine the outcome of his/her personal data in the event of death: the User shall have the right to define general or specific guidelines relating to the storage, erasure and communication of his/her personal data after his/her death (French law 78-17 of 6 January 1978 as amended, Art. 40, II),

 

  • Right to lodge a complaint with a supervisory authority: without prejudice to any other administrative or judicial remedy, the User shall have the right to lodge a complaint with a supervisory authority (the CNIL in France) if he/she considers that the processing of personal data relating to him/her infringes the regulations applicable to personal data (Art. 77 of the GDPR).

 

Users also have the right to determine the outcome of their personal data in the event of death, as well as the right to lodge a complaint with the CNIL, whose website is accessible at the following address http://www.cnil.fr.

 

For processing based on his/her consent, the User may withdraw their consent at any time, without affecting the lawfulness of the processing prior to this withdrawal.

 

In addition to the information below, NIXKA invites Users to consult the CNIL website http://www.cnil.fr to obtain further information on their rights and the processing of their data.

 

COOKIES

 

A cookie is a tracking computer file used to analyse the behaviour of users when visiting a website, reading an email or installing software or a mobile application (https://www.cnil.fr/fr/cookies-traceurs-que-dit-la-loi).

 

There are different types of cookies: 

   (i) First- and third-party cookies

A cookie is said to be “first-party” or “third-party” depending on the domain from which it originates. First-party cookies are those installed by the Website when you are consulting it. Third-party cookies are cookies installed by a domain other than that of the Website. When you visit the Website and another entity installs a cookie through the Website, this cookie is a third-party cookie. NIXKA uses only " first-party " cookies.

   (ii) Session or analytics cookies

These cookies allow NIXKA to track your actions during a browsing session on the Website. The browsing session starts as soon as you open your browser window and ends when you close it. These cookies allow us to measure the traffic or audience associated with the Site, the pages visited and the interactions made on the Site during your visit.

Session cookies are temporary in nature. Once the browser is closed, all session cookies are automatically deleted.

   (iii) Persistent cookies

Persistent cookies remain on your device after the browsing session is closed for the duration specific to each cookie. They are activated every time you visit the Website.

Information collected automatically by cookies includes, but is not limited to:

     - information relating to your computer, connection method, such as the type and version of your Internet browser, the operating system of your mobile phone or tablet, as well as the unique device identifier and other technical identifiers;

     - the truncated IP address of your connections, including the date and time, as well as the content you access.

   (iv) Targeted or advertising cookies

These cookies collect information about your Internet browsing habits in order to serve you ads that are tailored to you and your interests. They also limit the number of times you see an advertisement and help us measure the effectiveness of our advertising campaigns.

No personal data is collected and no individual can be identified through the data collected. 

When you first browse this site, an explanatory banner on the use of cookies shall appear. You can configure the placing of cookies directly on the information banner. By continuing to browse, the User shall therefore be deemed to have been informed and to have accepted the use of said cookies. The consent given shall be valid for a period of thirteen (13) months, in accordance with the legislation in force. Users can deactivate cookies using their browser settings.

 

All information collected shall only be used to track the volume, type and configuration of traffic using this website, to develop its design and layout and for other administrative and planning purposes, and more generally to improve the service we offer.

 

Any deactivation will result in an objection to the placing of the cookie in question.

 

If you allow cookies to be placed on your device, cookies included in the pages and content that you have viewed may be stored temporarily in a dedicated area of your device. They shall only be readable by their issuer.

 

For more information on the use, management and deletion of cookies, for any type of browser, please consult the CNIL website on this subject: https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser.