Privacy Policy (Effective Date October 1, 2020)

This Privacy Policy, incorporated by reference into the Terms of Use and Service (together, “Terms”) sets out how Use Design SAS, a French simplified joint-stock company with a capital of € 40,000, registered with the Paris Trade and Companies Register under number B 443 945 878 (intra-community VAT number FR01443945878) and whose head office is at WeWork, 170 boulevard de la Villette, 75019 Paris (“Company”), collects, uses and/or shares directly or indirectly personally identifiable information (“Personal Information”) and non-personally identifiable information (“Automatically Collected Information”) (Personal Information” and “Automatically Collected Information” are collectively “Information”) that you, an authorized representative of your company duly entrusted for that purpose, provide us with while accessing and using Company’s CARAVEL website (“Website”) and/or CARAVEL service embedded into the Website (“CARAVEL Service”).

Please, read carefully the Terms before visiting the Website and/or deciding to subscribe to the CARAVEL Service.

BY VISITING THE WEBSITE AND/OR SUBMITTING YOUR CARAVEL SERVICE SUBSCRIPTION BY CLICKING THE “CREATE ACCOUNT” BUTTON, YOU EXPRESSLY AND UNCONDITIONALLY AGREE THAT YOU HAVE READ AND ACCEPT THE TERMS AND YOU ARE EXPRESSING YOUR INTENT TO ENTER INTO, AND ARE ENTERING INTO, A BINDING LEGAL CONTRACT (“AGREEMENT”) WITH COMPANY. THIS AGREEMENT THEN APPLIES TO YOUR USE OF THE WEBSITE AND THE CARAVEL SERVICE.

If the company you represent object to enter into a binding legal contract with Company, please (i) stop visiting the Website, and/or (ii) do not click the “Create Account” button during the CARAVEL Service subscription process. Then no Agreement will be formed, and you will not be entitled to access and use the Website any longer and/or permitted to access and use the CARAVEL Service.

Company reserves the right, at any time and in its sole discretion, to modify and/or amend the Terms by posting a notice on the Website, or via in CARAVEL Service notices or an email sent to your registered email address. You shall be responsible for reading carefully any such modifications/amendments. Your continued use of the Website and/or the CARAVEL Service following such notification constitutes your complete and irrevocable acceptance of such modifications/amendments. If the company you represent objects thereto, you must stop visiting the Website and/or accessing and using the CARAVEL Service.

1. Information Collected.
   1. Personal Information you knowingly Provide to Company.(a) As part of your trial use CARAVEL Service subscription process, Company collects Personal Information you provide on the CARAVEL Service subscription form on the Website (including your name, forename, valid email address, password and, if you have so decided, your company’s name). (b) As part of your paid use CARAVEL Service subscription process and in addition to Personal Information listed in (a), Company collects billing information, such as your company’s postal address, VAT identification number, and credit card details (credit card’s holder, number, expiration date and verification code), details of transaction you carry out through the CARAVEL Service and of the fulfilment of your subscriptions.
   2. Automatically Collected Information.Upon your visit of the Website and/or access to, and use of the CARAVEL Service, Company may receive certain navigational information, including your IP address, operating system and browser’ type and language, the action you have taken on the Website or on the CARAVEL Service (web pages traffic data), and your login data to the CARAVEL Service (login date/timing/duration). Some of this Automatically Collected Information might be gathered by means of ‘cookies’ or ‘web beacon’ as defined in sub-section “Cookies, Web Beacons” below.
   3. Cookies, Web Beacons.
      1. Cookies. ‘Cookies’ are small files or data that are downloaded onto your computer when you visit the Website or connect to the CARAVEL Service. On a standalone basis, cookies do not personally identify you, but merely recognize your browser, and unless you decide to identify yourself by filing out online forms (e.g. “Contact” form, or CARAVEL Service registration form), you remain anonymous to Company.
      2. Session-based Cookies. Company uses session-based cookies, which expire once you close your web browser or turn off your computer. Session-based cookie is stored in temporary memory and is not retained after the browser is closed. Session-based cookies do not collect information from your computer. They typically will store information in the form of a session identification that does not personally identify you. If you have decided to identify yourself, session-based cookies allow Company to uniquely identify you each time you connect to the CARAVEL Service, in order to process your online transactions and requests.
      3. Persistent-based Cookies. Company uses persistent-based cookies, which stay on your computer for a set period of time or unless you delete them and which only. Persistent-based cookies are used to collect identifying information about you, such as web surfing behavior or user preferences. When you subscribe to the CARAVEL Service or provide Company with Personal Information, a unique identification number is assigned to you, which is associated with a persistent-based cookie downloaded onto your browser.
      4. Web Beacons. ‘Web beacon’ are clear electronic images. Used in combination with cookies, web beacon is an often-transparent graphic image, usually no larger than 1 pixel x 1 pixel, that is placed on a website or in an email that is used to monitor the behavior of the user visiting the Website or sending the email. When the HTML code for the Web beacon points to a site to retrieve the image, at the same time it can pass along information such as the IP address of the computer that retrieved the image, the time the Web beacon was viewed and for how long, the type of browser that retrieved the image and previously set cookie values. Web beacons are typically used to monitor the activity of the Website site.
      5. Management Settings. Most browsers allow you to manage your cookie and similar technologies preferences, so as to refuse or delete them. Turning off the browser’s cookies will prevent web beacons from tracking the user’s activity. The web beacon will still account for an anonymous visit, but the user’s unique information will not be recorded. The following links show how to adjust the browser settings of commonly used browsers: Internet explorer, Firefox, Safari, Chrome. If you disable the session-based cookies, you will still be able to visit the Website, but the CARAVEL Service features and functionality may be affected.
2. Purposes of Information Collection and further Processing
   1. Personal Information. Personal Information you provided to us are used for the following purposes:
      1. To carry out customer relationship management, in connection with (i) the Agreement between you and Company, (ii) your orders of the CARAVEL Service, (iii) Company’s performance of the CARAVEL Service, (iv) your invoices, (v) accounting and in particular your account receivables, (vi) loyalty program, (vii) customer relationship monitoring, such as conducting user satisfaction survey, handling of complaints and after-sale service.
      2. To carry out electronic marketing, in connection with (i) management of electronic marketing technical operations such as standardization, generating new data and the deletion of duplicate entries, (ii) customer selection for loyalty actions, marketing actions, survey, product/service testing and promotional programs, and (iii) performance of marketing in strict compliance with the applicable data protection laws and regulations.
      3. To develop business statistics.
      4. To organize and conduct contests, sweepstakes or other promotional operations.
      5. To manage users’ requests for data access and rectification, and/or for opposition to data processing.
      6. To manage delinquency or disputes with users.
      7. To manage users’ testimonials, comments or review on the Website and the CARAVEL Service.
   2. Automatically Collected Information. The list below set out information and purposes on the main categories of cookies used by the Website and/or the CARAVEL Service:Essential Cookies. These cookies are necessary to operate the CARAVEL Service as you have requested. For example, they let us recognize what type of subscriber you are and then provide you with services accordingly. WARNING: IF YOU DISABLE THESE COOKIES, THE SERVICE WILL NO LONGER BE ABLE TO OPERATE.(A) Name / (B) Purpose / (C) Management settings– ( A) sessionid / ( B) recognize authenticated user / ( C) You can disable this cookie in you browser settings, see 1.3.(e)
      – ( A) csrftoken / ( B) security of submitted forms / ( C) You can disable this cookie in you browser settings, see 1.3.(e)
      – ( A) source_files, submenu-hidden, history-cleared / ( B) remember UI states of pages (eg. open/closed component)/ ( C) You can disable this cookie in you browser settings, see 1.3.(e)Performance Cookies. Company uses these cookies to analyze how the CARAVEL Service is accessed, used, or performing. These cookies allow to maintain, operate, and continually improve the CARAVEL Service.(A) Name / (B) Purpose / (C) Management settings– ( A) subject to change, see https://developers.google.com /analytics/devguides/ collection/analyticsjs/cookie-usage / ( B) measure how users interact with website content / ( C) You can disable this cookie in you browser settings, see 1.3.(e)
   3. Information Sharing. Your Information are intended only to Company’s departments in charge with operations in connection with marketing, sales operations, customer relationship, or oversight (auditors, corporate governance). Company does not rent, sell or trade your Information to third parties. However, Company may share your Personal Information with third party service providers or in other particular cases as described below:
      1. Trusted Third Parties. Company may employ, and share your Information with, third party service providers in order to perform certain tasks on Company’s behalf, such as marketing, customer relationship management, or credit card processing (“TPSP”).
      2. Legal Requirements. Company reserves the right to use or disclose your Information if required by law, or as part of a legal proceedings affecting Company, or if Company believes that such use or disclosure is necessary to protect Company’s rights and/or property.
      3. Transfer of Corporate Assets. In the event of a merger, sale of capital stock or assets, or whatever change of control, your Information shall be transferred as corporate assets to the acquiring entity. You will be promptly notified of such transfer, as well as of any choice you may have regarding your Information, via a notice on the Website, or via in CARAVEL Service notice, or an email sent to your registered email address.
      4. You have consented to other type of sharing. Company may share your Information with other third parties, provided you expressly consent to such disclosure. Company may request your consent on a case-by-case basis, and subject to a dedicated prior fair information notice.
   4. Storage Duration.
      1. Information relating to Customer Relationship Management. Company retains your Information as long as needed to provide you with the CARAVEL Service, and to manage your business relationship with Company. Information required to evidence the existence of a right or contract, or Information maintained for compliance purposes with a legal requirements, may be archived in accordance with the applicable laws and regulations, including those relating to statutes of limitation.
      2. Information used for Electronic Marketing Purposes. Company uses your Information in strict compliance with applicable regulations, for a 3-year period of termination or expiry of the contractual relationship with you, or as of your last contact with Company if such contact occurs after the relationship termination or expiry. If you are not a user of the CARAVEL SERVICE, but otherwise provided us with Personal Information, Company uses your Personal Information for electronic marketing purposes for a 3-year period as of your Personal Information first collection date, or your last contact with Company if such contact occurs after the Information collection date. At the end of the 3-year period above, Company may contact you to enquire whether you are willing to continue receiving electronic marketing from Company. If you decide to no longer receive such electronic marketing, your Information will be archived in accordance with the applicable laws and regulations, including those relating to statutes of limitation.
      3. Opt-out List to Receiving Electronic Marketings. Company maintains your Information relating to your exercise of your right to oppose to electronic marketing for a minimum 3-year period as of such exercise.
      4. Information relating to Credit Card. Except where you have consented to a longer storage period by clicking the relevant box during the CARAVEL Service registration process, Company will delete this information after completion of the relevant transaction (including payment receipt by Company). Information required to evidence existence/validity of the transaction completion may be archived in accordance with the applicable laws and regulations, including those relating to statutes of limitation, i.e. a 13-month period as of transaction completion, or a 15-month period as of transaction completion for delayed-debit card. Credit card verification code is not maintained. All Information on credit card are deleted upon credit card expiry date.
      5. Cookies, Web Beacons. Unless otherwise provided to the contrary in this Privacy Policy, Company retains this Automatically Collected information for a 13-month period as of cookies first download onto your computer. Beyond this storage duration, the relevant Automatically Collected Information will be either deleted or anonymized.
   5. Information Access and Rectification, Consent and Opposition to Information Processing.
      1. Information Access and Rectification. If you are an CARAVEL Service user, you can log into your account, and view and, in some cases, edit, update or delete your Personal Information at any time through your account settings. If you have any queries about viewing or updating other Information Company maintains about you, or if you are a visitor of the Website, please contact Company at hello@caravel.com and detail your request, and Company will use its best efforts to revert to you within 30 days.
      2. Consent collection for particular Information Processing. Except as otherwise provided by applicable mandatory laws and regulations, Company may request your consent, by means of a box to be ticked or other similar mechanisms, for (i) electronic marketing, if you are not an CARAVEL Service user, (ii) electronic marketing for different products/services of Company, if you are an CARAVEL Service User, (iii) your Personal Information disclosure to third parties for their own electronic marketing purposes, and (iv) any other Information processing, which is not specifically addressed in this Privacy Policy, such as without limitation data combining or targeted advertising.
      3. Opt-out to Processing. Upon company’s collection of your Information, or thereafter at any time, you may time opt-out (i) to electronic marketing either by ticking the appropriate box on the relevant online form, or through your account settings, or via the means offered within the marketing communication for that purpose, and (ii) provided your have legitimate grounds, to any other processing on your Information. Please, note that your objection to processing of Information necessary to provide you with the CARAVEL Service may lead to the termination of your Agreement with Company in this respect.
3. Information Security and Confidentiality. Company uses appropriate both technical and organizational steps to ensure security, integrity and confidentiality of your Personal Information, to prevent such Personal Information from distortion, damage or non-authorized access or use. However, no security measures are 100% effective and Company cannot guarantee the complete security of your Information. Your CARAVEL Service account is protected by a password. You remain solely responsible for preventing unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your browser by signing off after you have finished accessing your account.
4. Information Transfers to Third Countries. Information that Company collects from you are maintained and processed on servers located in France. However, some of our TPSP (as such terms is defined in sub-section “Trusted Third Party” above) are located in the United States of America, meaning that some of your Information may be transferred thereto in particular for marketing, customer relationship management, and/or credit card processing purposes. Company’s US TPSP are Safe Harbor-registered, and provide accordingly an adequate level of protection of your Personal Information, as such ‘adequate level of protection’ ensue from French and European data protection applicable regulations.
5. Third Party Privacy Statements. This Privacy Policy applies only to the Website and the CARAVEL Service, to the exclusion of third party website or services that have linked or are redirected to, or from the Website or the CARAVEL Service. Company encourages you to review the privacy statements of such third party to understand their practices.