WEBSITE AND MOBILE APPLICATION “WHYMPR” PRIVACY POLICY

The person responsible for the collection of personal data is Mr. Timothy MacLean in his capacity as Chair of WHYMPR, whose registered office is located at 289 Chemin du Clos du Savoy - 74400 CHAMONIX - MONT-BLANC, registered under number RCS 829 892 207 (hereinafter "WHYMPR").

Tel +336 77 93 23 47 – Email: info@whympr.com

(hereinafter ”WHYMPR”).                  

This Privacy Policy defines and informs users of the conditions under which WHYMPR uses and protects the information submitted, if any, when they use the <www.WHYMPR.com> website or the WHYMPR mobile application (hereinafter the "Platforms").

This Privacy Policy may be amended or supplemented at any time by WHYMPR, in particular in order to comply with any legislative, regulatory, judicial or technological developments. These changes are binding on the User from the moment they are published online.

Article 1. Definition and nature of Personal Data

WHYMPR may require the User to provide Personal Data when using the Platforms in order to benefit from the services they offer.

The Personal Data collected in the context of the services offered by WHYMPR correspond to the information required by WHYMPR and its commercial partners in connection with the provision of its services, e.g. contacting WHYMPR to resolve problems encountered by the User in using its services.

For the purposes of this Privacy Policy, the term "Personal Data" refers to all data that can be used to identify an individual, including but not limited to: surname, first names, postal and e-mail addresses, telephone numbers, geolocation data, favourite sporting activities, data relating to operations on the Platforms, and any other information that the User chooses to communicate to WHYMPR.

Geolocation data enable the User to navigate and use more specific features on the Platforms. When the User decides to activate GPS location, WHYMPR is able to determine the User's current location without these data being collected. Such information is recorded only when the User decides to save his/her routes. The geolocation data are then stored in the User's personal space and can be shared with the community if the User so wishes. The User is able to delete all such data.

Article 2. Purpose of the present Privacy Policy

The purpose of this Privacy Policy is to provide information on the methods used by WHYMPR to collect Personal Data, while strictly respecting the User's rights.

WHYMPR declares that it is compliant, in the collection and management of Personal Data, with Law No. 78-17 of 6 January 1978 relating to data processing, files and freedoms, in its current version (hereinafter the "Data Processing and Freedoms Law"), as well as Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals concerning the processing of Personal Data and on the free circulation of such data (hereinafter "GDPR").

Article 3. Personal Data Collection  

The legal grounds for collecting Personal Data are as follows:

-        Legitimate interest

-        The consent of the User when required, as well as for any processing of Personal Data collected indirectly and for the use of cookies and other trackers

-        The performance of the contract concluded between the User and WHYMPR when using the services offered on the Platforms

-        Legal and regulatory requirements.

The User's Personal Data are collected for one or more of the following purposes:

-        to manage access to and use of the services available on the Platforms

-        to conduct customer management operations and follow up on customer relations

-        to create a file of registered subscribers, users, customers and potential customers

-        to draw up commercial and visitor statistics for the services available via the Platforms

-        to manage individuals’ comments on products, services or content

-        to comply with legal and regulatory requirements.

When Personal Data are collected, WHYMPR informs the User whether certain data are mandatory or optional. Mandatory data are necessary for the functioning of the services. The User is entirely free to choose whether or not to provide optional data.

Article 4 - Cookies

A cookie is a text file installed on the hard drive of the connection terminal, at the request of the website visited by a browser. It records information relating to Internet browsing and enables the website to determine whether the browser has previously logged on. Its retention period is fixed by the website operator and may be limited to the browsing session on the website in question or a longer period.

Pursuant to the Ordinance of 24 August 2011 on the application of European directives on the protection of privacy on the Internet, a cookie may not be installed on Users' computers without their prior consent.

In addition, Users may reject the installation of "cookies" by configuring their browser as follows:

- If the USER is browsing the Internet with Internet Explorer 6 (Microsoft): click on "tools", "Internet options", "privacy". Click on "advanced", check the box "Ignore automatic cookie management", check the two boxes "reject", then "confirm". (Internet Explorer must be closed to allow the settings to be applied).

- If the User is browsing on Firefox 1.5 (Mozilla): Click "tools", "options", "privacy", "cookies" tab. Uncheck "Allow sites to set cookies".

- If the User is browsing on Firefox 2 (Mozilla): Click "tools", "options", "privacy". Uncheck "accept cookies" or click on the "exceptions" button and enter the name of the site and click on "block".

- If the User is browsing on Google Chrome: Click "Settings" in the browser toolbar, then "Show advanced settings". In the "Privacy" section, click "Content Settings". In the "Cookies" section, choose "Block all cookies".

- If the User is browsing on Safari: In the menu bar, choose "Edit", then click on "Preferences...", choose the "Security" icon and check the "Never" option. Users can therefore block the storage of cookies by following the procedure described above, depending on their browser.

However, it is specified that Users will be unable to benefit from certain website features if they do not agree to the installation of cookies, in particular: browsing preferences, access to personalised services, automatic identification for their personal space, etc.

The Platforms may link to "social plugins" (Facebook, Twitter, YouTube, Viadeo, LinkedIn, etc.) which allow content recommendations, the use of profile data for comments, registration or completion of forms or the posting of content from social websites.

WHYMPR is not responsible for the installation by social network(s) of third-party cookies on Users’ computers.

Article 5. Disclosure of data to third parties

The data collected may be disclosed, where necessary for the purposes mentioned above, to WHYMPR personnel or subcontractors (IT service providers, hosts, etc.), within the limits of the purposes set out above, in order to respond positively to the User's requests.

Public bodies may also receive Personal Data, exclusively in order to meet legal obligations, including court officers, public officials and organisations responsible for debt collection.

Article 6. Transfer of Personal Data

Personal Data may not be sold, rented or exchanged for the benefit of third parties without the prior express consent of the User.

Article 7. Duration of retention

Users' Personal Data are stored by WHYMPR for no longer than is necessary for the purposes for which it is collected and processed and, in any event, for a maximum of two (2) years after the last contact with respect to information collected or a maximum of three (3) years after it is collected with respect to potential customers.

Article 8. Security

WHYMPR takes all necessary precautions and appropriate organisational and technical measures to preserve the security, integrity and confidentiality of Personal Data and, in particular, to prevent them from being distorted, damaged, diverted, or subjected to intrusion, disclosure, alteration or destruction, and, more generally, to prevent unauthorised third parties from having access to them.

Article 9. Users' rights (right of access and correction):

Users are informed that, under the terms of the French and European regulations in force, they have the following rights, subject to proof of identity:

-       the right to object, for legitimate reasons, to their Personal Data being used in any way other than those stated herein, to which they have consented

-       the right to object, free of charge, to the current or future commercial use of the data collected by the data controller

-       the right to obtain information on the use made of the User’s Personal Data

-       the right to obtain information on the use of the User’s Personal Data managed by WHYMPR and all information making it possible to know and, if necessary, to challenge the reasons for the use of said data

-       the right to obtain a copy of the User’s Personal Data, as well as the right to correction, portability, updating or deletion of all or part of the said data.

For any query or request relating to the protection of privacy, Users may contact WHYMPR at the following e-mail address: info@whympr.com or by post at the following address: 289 Chemin du Clos du Savoy, 74400 Chamonix.

WHYMPR will endeavour to respond to any request for access, correction or objection or any other additional request for information made by a User within a reasonable period of time, which may not exceed fourteen (14) days from receipt of the request.

The User is informed that if he/she does not wish to receive marketing calls he/she can register free of charge on a list of persons refusing to be contacted, for example: www.bloctel.gouv.fr.

Article 10. Complaint to the relevant authority

If the User believes that WHYMPR is failing to fulfil its obligations with regard to his/her Personal Data, he/she may submit a complaint or request to the relevant authority.

In France, the relevant authority is the National Data Processing and Liberties Commission (Commission Nationale de l’Informatique et des Libertés, CNIL), to which the User may submit an electronic request by clicking on the following link: https://www.cnil.fr/fr/plaintes/internet

Article 11. Amendments

WHYMPR reserves the right to amend these terms and conditions in full or in part at any time.

Such changes will come into force on publication of the new Privacy Policy.

Unless substantial change(s) is/are made that require(s) the express consent of the User, the use of the Platforms, following the entry into force of these changes, shall be considered as recognition and acceptance of the new Privacy Policy. Otherwise, and if the new Privacy Policy does not meet with the User's approval, the User must no longer use the Platforms and may exercise his/her legal rights at the following e-mail address: info@whympr.com.

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