This privacy policy is intended to help you understand how your personal data is collected, processed, and stored by Uptrade via the Website.

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Uptrade understands that data protection and privacy are important concerns for all users visiting the Website.

In accordance with GDPR regulations, Uptrade is committed to respecting your privacy and protecting your personal data — that is, any information that may directly or indirectly identify you as an individual.

The purpose of this privacy policy is to outline Uptrade’s commitments in this area.

 

DEFINITION

When you use our Site, we may ask you to provide personal data about yourself.
 

The term "personal data" refers to any information that can be used to identify an individual. This includes, but is not limited to, your last name, first name, username, photo, postal and email addresses, job title, phone numbers, date of birth, transaction data on the Site, purchase details, credit card numbers, SIRET number, VAT identification number, IP address, as well as any other information you choose to share with us about yourself.

 

PURPOSE

This charter (hereinafter referred to as the "Charter") is intended to inform you about the methods we use to collect your personal data, with the utmost respect for your rights.

 

In this regard, we inform you that we comply, in the collection and management of your personal data, with Law No. 78-17 of January 6, 1978 relating to data processing, files, and freedoms, in its current version (hereinafter: the "Data Protection Act"), as well as Regulation (EU) 2016/679 of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter: the "GDPR").

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IDENTITY OF THE DATA CONTROLLER

The entity responsible for collecting your personal data is the company UPTRADE, a simplified joint-stock company with a capital of €5,000, whose registered office is located at 13 rue Gilbert Clerfayt – 94300 Vincennes, and registered with the Créteil Trade and Companies Register under number 883 934 465 (hereinafter referred to as: “We”).

 

COLLECTION OF PERSONAL DATA

The legal basis for our collection of your personal data is as follows:

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• Managing your access to certain services available on the Site and their use

• Performing operations related to client management: contracts, invoices, and customer relationship follow-up

• Creating a database of users, clients, and prospects

• Sending newsletters, solicitations, and promotional messages. If you do not wish to receive these, you will have the option to opt out when your data is collected

• Developing commercial and traffic statistics for our services

• Organizing contests, lotteries, and all promotional operations (excluding online gambling, which is subject to approval by the Online Gambling Regulatory Authority)

• Managing customer reviews on products, services, or content

• Managing unpaid bills and potential disputes related to the use of our products and services

• Personalizing responses to your information requests

• Complying with our legal and regulatory obligations

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We will inform you at the time of data collection whether certain fields are mandatory or optional (indicated by asterisks on the Site).

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Why do we collect your personal data?

What categories of personal data do we collect for this purpose?

What is the legal basis that allows us to collect your personal data for this purpose?

 

We collect your personal data in order to identify you when using our site and to send you messages related to the proper management of our site (e.g., registration confirmation, site updates, or changes to the terms of use, etc.).

 

       Identification data

       Connection data
 

This processing is legally based on the performance of the contract that binds us when you accept our terms and conditions at the time of account creation.
 

We collect your personal data in order to deliver your order/service to you.

 

      Identification data
 

This processing is legally based on the performance of the contract that binds us when you accept our general terms and conditions at the time of account creation.
 

We collect your personal data to improve and optimize our website, for example by analyzing your behavior during your visit and using that insight to make changes in terms of usability and user experience.

 

Usage and consumption data

Connection data

 

This processing is legally based on our legitimate interest in providing and improving the user experience for our website visitors and members.

We collect your personal data to understand your preferences and offer you commercial deals related to services/products similar to those you have already ordered.

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Usage and consumption data

Identification data

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This processing is legally based on our legitimate interest in providing and improving the user experience for visitors and members of our site.

 

We inform you, at the time your personal data is collected, whether certain data must be provided or if it is optional.

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RECIPIENTS OF PERSONAL DATA

The following will have access to your personal data:

• The staff of our company;

• Audit and control services (such as legal counsel, accountants);

• Our subcontractors (communication service providers, productivity software providers, data hosting providers, payment service providers, invoicing service providers, analytics and audience measurement providers, customer relationship management providers);

• Public authorities may also be recipients of your personal data, strictly to fulfill our legal obligations, along with legal officers, judicial officers, and debt collection agencies.

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Regarding data related to customer and prospect management:

Your personal data will not be retained beyond the time strictly necessary for managing our business relationship with you.

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However, data needed to establish proof of a right or contract, which must be kept to comply with a legal obligation, will be retained for the duration required by applicable law.

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Regarding potential marketing campaigns targeting clients:
Their data may be retained for three (3) years from the end of the business relationship.

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Personal data of a prospect who is not a client may be retained for three (3) years from the date of collection or from the last contact initiated by the prospect.

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At the end of this three-year period, we may contact you again to ask whether you wish to continue receiving marketing communications.

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In the case of exercising the right of access or rectification, data related to identity documents may be retained for one (1) year, as per Article 9 of the French Code of Criminal Procedure.

In the case of exercising the right to object, such data may be archived for three (3) years, as provided by Article 8 of the same code.

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Regarding financial transactions made via the Site:

These are handled by a payment service provider, who ensures the security and proper processing of the transactions.

To provide these services, the provider may receive your personal data related to your credit card numbers, which they collect and store on our behalf.
We do not have access to this data.

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To enable you to make regular purchases or payments on the Site, your credit card data is stored for as long as your account is active on the Site, or at least until your last transaction is completed.

The CVV (visual security code) on your card is not stored.

If you decline to have your credit card data stored as described above, we will only retain it for the time necessary to complete the transaction.

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In any case, this data may be kept for evidence purposes in the event of a dispute, in intermediate archives, for the duration provided in Article L 133-24 of the French Monetary and Financial Code, which is thirteen (13) months from the debit date.

This may be extended to fifteen (15) months for deferred debit cards.

Regarding management of opt-out lists from marketing campaigns:

The information required to honor your right to object will be retained for a minimum of three (3) years from the date you exercised this right.

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Regarding audience measurement statistics:

Information stored in the users' device or any other element used to identify and track users will not be retained for more than thirteen (13) months.

 

SECURITY

We inform you that we take all necessary precautions and implement appropriate organizational and technical measures to preserve the security, integrity, and confidentiality of your personal data — particularly to prevent it from being altered, damaged, or accessed by unauthorized third parties.
We also use secure payment systems that comply with current industry standards and applicable regulations.

 

HOSTING

We inform you that your data is stored and retained, for the entire duration of its retention, on the servers of Wix, Stripe, Airtable, PayPal, and HubSpot, located within the European Union.

 

TRANSFER OUTSIDE THE EUROPEAN UNION

Your data may be transferred outside the European Union as part of the tools we use and our relationships with subcontractors.

 

This transfer is secured using the following tools:

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• Either the data is transferred to a country that has been deemed to offer an adequate level of protection by a decision of the European Commission;

 

• Or we have entered into a specific contract with our subcontractors governing the transfer of your data outside the European Union, based on the standard contractual clauses between a data controller and a processor, as approved by the European Commission.

 

ACCESS, RECTIFICATION, RESTRICTION, AND DELETION OF YOUR PERSONAL DATA

You have the following rights regarding your personal data:

 

• Right of access: This allows you at any time to know whether your personal data is being processed by us. If it is, you have the right to access that data and to obtain all legally required information about how it is being processed.

 

• Right of rectification: You may request that any inaccuracies in your personal data be corrected as soon as possible.

 

• Right to erasure: You may request that your personal data be deleted promptly, provided your request meets the legal conditions required under applicable law. 

 

• Right to restrict processing: You may request the restriction of processing of your personal data, provided your request meets the legal conditions required under applicable law.

 

• Right to data portability: You may receive your personal data in a structured, commonly used, and machine-readable format, or request that it be transferred to another data controller, as long as your request meets the legal conditions required under applicable law. 

 

• Right to object: You may object to the processing of your personal data on grounds relating to your particular situation, provided your objection meets the conditions required under applicable law.

 

• Right to withdraw consent: You may withdraw your consent to the collection of your personal data at any time, especially when such data is being processed for commercial prospecting purposes.

 

• Right to define post-mortem directives: You may define guidelines regarding the retention, erasure, and communication of your personal data after your death.

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You also have the right to request the restriction of processing of your personal data, in the cases defined by Article 18 of the GDPR:

 

• While we are verifying the accuracy of your personal data after you have contested its accuracy;

• When the processing is unlawful, and instead of erasure, you request restriction of its use;

• When we no longer need the data, but you require it for the establishment, exercise, or defense of legal claims;

• During the verification period of whether our legitimate grounds override yours, when you have objected to the processing of your data.

 

Please note that individuals whose data is collected based on our legitimate interest have the right to object at any time to the processing of their data. However, we may continue processing if there are legitimate grounds that override your rights and freedoms or if processing is necessary for the establishment, exercise, or defense of legal claims.

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You may unsubscribe from our promotional emails via the link provided in the emails.
Even if you choose to no longer receive promotional messages, you will still receive administrative communications from us.

 

PORTABILITY OF YOUR PERSONAL DATA

You have the right to the portability of the personal data you have provided to us, meaning the data you have actively and knowingly submitted while accessing and using our services, as well as data generated through your activity while using those services.

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We remind you that this right does not apply to data collected and processed on a legal basis other than your consent or the performance of the contract binding us.

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This right may be exercised free of charge, at any time, especially when closing your account on the Site, in order to retrieve and retain your personal data.

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In this context, we will send you your personal data by any appropriate means, in a standard, open, commonly used, and machine-readable format, in accordance with best industry practices.

 

FILING A COMPLAINT WITH A SUPERVISORY AUTHORITY

You are also informed that you have the right to lodge a complaint with a competent supervisory authority (the Commission Nationale Informatique et Libertés in France), in the Member State where you have your habitual residence, your place of work, or the place where the alleged violation of your rights occurred, if you believe that the processing of your personal data as described in this charter constitutes a breach of applicable regulations.

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This right to lodge a complaint may be exercised without prejudice to any other administrative or judicial remedy.
Indeed, you also have the right to an effective administrative or judicial remedy if you consider that the processing of your personal data, as described in this charter, constitutes a violation of applicable laws.

 

MODIFICATIONS

We reserve the right, at our sole discretion, to modify this Charter at any time, in whole or in part.

These modifications will take effect upon publication of the new Charter.