Any Personal Data collected in the context of the use of the Application or the website will be processed and stored in accordance with European Regulation 2016/679 of 27 April 2016 (hereinafter "RGPD") and Law No. 78-017 of 6 January 1978 on Data Processing, Files and Freedoms amended by Law No. 2018-493 of 20 June 2018 on the protection of Personal Data.
1. Definitions of the terms
For the purposes hereof, the terms "Personal Data", "Processing", "Data Controller", "Subcontractor" have the meaning given to these terms in Article 4 of the RGPD.
It is specified that the controller is SPOGEO, a SAS with a capital of €15,000, whose registered office is located at park Plaza, hub innovation, 11 avenue de l'harmonie 59650 Villeneuve d'ascq, registered with the RCS of Lille Métropole under number 850 437 237 237, represented by Yannik MILLEAU, in his capacity as Chairman.
2. General principles for data collection and processing
In accordance with the provisions of Article 5 of European Regulation 2016/679, the collection and processing of data from users of the site and the Mobile Application complies with the following principles:
- Lawfulness, fairness and transparency: data may only be collected and processed with the consent of the user who owns the data. Whenever personal data are collected, the user will be informed that their data are being collected, and for what purposes their data are being collected;
- Limited purposes: the collection and processing of data is carried out in order to meet one or more objectives set out in the general conditions of use;
- Minimization of data collection and processing: only the data necessary for the proper execution of the objectives pursued by the site and the Application are collected;
- Retention of data reduced in time: the data are kept for a limited period of time, of which the User is informed;
- Integrity and confidentiality of the data collected and processed: the data controller undertakes to guarantee the integrity and confidentiality of the data collected.
In order to be lawful, and in accordance with the requirements of Article 6 of the GDPR, the collection and processing of personal data may only be possible if they comply with at least one of the following conditions listed below:
- The User has expressly consented to the processing;
- The processing is necessary for the proper execution of a contract;
- The processing is in accordance with a legal obligation;
- The processing is necessary in order to safeguard the vital interests of the data subject or another natural person;
- The processing may be explained by a necessity linked to the performance of a task in the public interest or in the exercise of public authority;
- The processing and collection of personal data is necessary for the legitimate and private interests pursued by the controller or by a third party.
3. Collection of Personal Data
The Data Controller shall ensure that he/she only collects and processes Personal Data that are strictly necessary for the purpose for which they are processed.
Failure to provide the Personal Data necessary to create an Account will prevent the use of the site's features and the SPOGEO Application.
When the User logs in without creating an Account, the site or Application records the login data and identifies the location data if the User has enabled this function. Logging in without creating an Account only allows you to view the home page of the application and the SPOGEO site;
If the User wishes to create an Account, the site or Application collects, in addition to the data collected without creating an Account (connection and location data if the User has activated this function), the User's first name and e-mail address. In addition, in order to fully benefit from the functionalities of the site and the Application, the User may also add, if he/she so wishes, gender, date of birth, main objectives, sports practiced, frequency of practice of the sport, the level, number of sports played, geographical location of practice, contact preference, facebook ID, User Profile opinion, strong side, left or right, notification in silent mode, Blocked and/or deleted profile, club sport practice or not, licensed or not. In this case, the User has the possibility to:
o Access the main menu of the Application
o See Profiles of other Cross-Users on the Timeline
o Access the detailed profile of a User
o Send discussion requests to Users
o Receive notifications of discussion requests
o See the notices left to cross-users
o Discuss with Users
o Discuss through focus groups
o Leave notices to Users as friends
o Fill in a current status
o Receive notifications of status changes from friend profiles
o Choose one or more sports, their frequency and level
o Choose your profile photo
o Add a description and its objective(s)
It should be noted that the information in the fields "email address", "date of birth" and "gender" is necessary for the creation of an Account or the use of the site or the Application. If these fields are not filled in, the creation of an Account cannot be validated. The other fields are optional.
In the context of the use of the site or the Application, SPOGEO processes Users' Personal Data.
These processing operations are carried out in accordance with the GDPR, Law No. 78-017 of 6 January 1978 on Data Processing, Data Files and Individual Liberties, amended by Law No. 2018-493 of 20 June 2018.
In accordance with the provisions of Article 8 of the GDPR and the French Data Protection Act, only minors aged 15 or over may consent to the processing of their Personal Data.
If the User is a minor under 15 years of age, the consent of a legal representative will be required in order for personal data to be collected and processed.
SPOGEO reserves the right to verify by any means that the User is over 15 years of age, or that he/she has obtained the consent of a legal representative before browsing the site.
SPOGEO does not have the technical means to verify the veracity of the information (identity and age) provided by Users. Nevertheless, in the event of a report via the function made available to Users, SPOGEO will carry out an investigation as soon as possible and will modify, if necessary, the information in the reported Profile. During this period, SPOGEO reserves the right to suspend the Suspect User's Account and access to the Site and/or Application and to carry out the necessary checks. The User will be asked to provide a copy of identification to remove or confirm any suspicions.
The User will be informed of any changes, such as suspension, to his Account via the Site or Application, or by email sent to the address he has provided, in accordance with the provisions of the TCU ( terms of conditions and use).
In the event that the User is unable to provide such proof, or in the event of a proven breach of the TCU, SPOGEO may delete the Account of the User in question.
When the User uses the Site or Application Services, SPOGEO may collect and process data that is essential to the operation of the Site and Application and the provision of the Services. This refers to information that the User provides directly or information that SPOGEO automatically collects.
By using the SPOGEO Site and Application Services, the User is required to transmit information, some of which may identify him/her. Once the User publishes this information, he accepts that many of these data are visible to other Users of the site and the Application and are therefore made public on the site and the SPOGEO Application. SPOGEO shall not be held liable for information disseminated and made public by a User on the SPOGEO website or Application. However, information such as date of birth, name and email address are not visible to other Users and are therefore not accessible by them. The information that the User transmits upon registration is the basic data necessary to access the Services of the site or Application. This information is collected by SPOGEO, from Facebook to minimize the procedure, via Facebook Connect. By clicking on the "Connect with facebook" button, the User accepts that Facebook may provide SPOGEO with this information. These data relate to the identity of the User, namely:
● the first name
● the date of birth: only the age deduced from the date of birth is visible to other SPOGEO Users.
● the email address: not visible to other Users
● gender (Male or Female)
● the photo of Public Facebook Profile. The User then has the possibility to remove the photos and/or add other photos from his smartphone to his Account.
This information is mandatory, if it is not transmitted, SPOGEO will not be able to provide the User with the Services offered by the site or Application and will be unable to create an Account on the site or the SPOGEO Application.
The User may provide other additional information to complete his Profile. This information is not mandatory and is provided at its sole discretion and under its sole responsibility. The User can complete his Profile directly on the site or Application.
SPOGEO may ask the User to provide information or the User may provide data when contacting the user service.
When using the Site or Application Services and features, SPOGEO collects information about the User's activity. These include the registration date, the last connection, the geographical area.
The main purpose of the SPOGEO site or Application is to allow other Users who share the same sporting interests to be found in order to facilitate exchanges. Prior authorization is required to collect and process the User's geolocation data in order to allow SPOGEO to identify the location points with other Users who have agreed to be geolocated. The location points allow SPOGEO to present the User Profiles that best match its search criteria previously selected in the settings.
SPOGEO may, in the event of express authorization, access the User's approximate position. SPOGEO does not track the movements and/or routes of its Users. The exact location or route of a User is not visible to any other User.
The User may withdraw his consent at any time and deactivate the geolocation option on his mobile phone.
SPOGEO collects information from and about the devices and equipment that the User uses to access the Services such as versions of the site or Application, language used, mobile ID, mobile model, advertising ID, operating system, application failures. SPOGEO is not able to access the browsing history of its Users.
4. Purposes of the processing of the Personal Data collected
The main purpose of the Processing of Personal Data collected from Users is to make the SPOGEO Site and Application Services available, consisting of a tool for connecting people with a common interest in the practice of sport. More precisely, the sub-purposes of the Processing of Users' Personal Data include the following:
● Putting Users in contact with each other
● Customization of the Services by displaying, where applicable, information based on the User's browsing history and User number
● Sending information according to the User's preferences.
Similarly, and subject to their absence of opposition, Users may receive newsletters, informational Content on various subjects, press releases, invitations to events, questionnaires for research, statistics, marketing, all in an exclusively and strictly personal context.
SPOGEO Services cannot be provided without SPOGEO processing data about you and other SPOGEO Users. The processing of the data you share with SPOGEO, including data about your geographical location, is essential to the Services SPOGEO provide in order to also enable the site and Application that are offered to Users to operate properly because of the Service agreement between SPOGEO and the User:
- Create and manage an Account as a User.
- Send information messages related to the Services and notifications.
- Geolocate to suggest User Profiles that match the preferences they have chosen.
- Manage and store messages sent between Users (discussions between two Users and grouped discussions).
The data collected is also necessary for the achievement of SPOGEO's corporate purpose (Improve and optimize the Services with a better understanding of Users and how SPOGEO Services are operated). Your data can also be used to conduct satisfaction surveys, statistical studies, marketing type studies through the use of the site and the SPOGEO Application.
When the processing is authorised by the consent of the Users on their data processing, the Users can withdraw it whenever they wish.
If the User withdraws his consent, it does not affect the processing operations that were carried out prior to this withdrawal.
In the event of a request related to the law, including legality such as a search warrant, court order or other, SPOGEO may process Users' Personal Data.
SPOGEO may also process Users' Personal Data to comply with regulatory, legal, judicial or administrative obligations.
SPOGEO may also process Users' Personal Data to discover or anticipate activities that may be fraudulent or that may impact the security of SPOGEO Services, in compliance with the law. SPOGEO can also analyze reports of Users who have behaved in violation of the TCU.
5. Data sharing
The sharing of SPOGEO data is governed by contract and in accordance with the law in force, and is subject to an adequate level of data security.
SPOGEO may enter into contracts with Service Providers and partners who may access and process some of the Users' Personal Data.
These partners and service providers, in cooperation with SPOGEO, help to operate and improve the Services that are offered.
In order to ensure the quality of the Services and to improve them, SPOGEO also produces general statistics, in which it is anonymised when the processing of personal data does not appear necessary for the production of the statistics.
SPOGEO Services are also linked to advertising and marketing in order to submit messages, offers and Content that are intelligent and relevant to SPOGEO Users.
SPOGEO may also transmit certain data at the request of state agencies in order to comply with any request that may be judicial, legal or administrative.
6. Mention of the User's rights
In accordance with the amended law n°78-17 of 6 January 1978 relating to data processing, files, freedoms and the GDPR, you have the right to access, oppose, rectify, delete your personal data as well as a right to limit the processing carried out and to define the fate of your data in the event of death. The exercise of some of these rights may make it impossible for SPOGEO to provide you with access to the System or the use of all or part of the Services.
As SPOGEO is very attentive to the concerns of its Users, SPOGEO undertakes to respect the protection of Personal Data and to process its requests as soon as possible. The User may exercise his rights but must prove his identity by sending an email to userdata@SPOGEO.com or a letter by post.
You are reminded that you can exercise some of these rights directly through your device or account settings.
You have the right to file a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL), the supervisory authority in charge of ensuring compliance with personal data obligations.
Finally, it is specified that SPOGEO may communicate your personal data, under the conditions provided for by law, to a duly authorised judicial or administrative authority.
● The User has the right to request the deletion of his Personal Data and the correction of his Personal Data that are erroneous or that may be obsolete ("right of deletion and right of rectification"). We may retain certain User information when required to do so by law or when we have a legitimate reason to do so. This is the case, for example, if we believe that you have committed fraud or violated the TCU and SPOGEO want to prevent the user from circumventing the rules applicable to the community on SPOGEO’s Application.
● The User also has the right to the portability of his data, i.e. the right to receive the Personal Data he has provided in a structured format, commonly used and readable by the machine and the right to transmit this data to another controller ("right to portability") of SPOGEO.
● The User also has the right to object at any time for reasons relating to his or her particular situation, the processing of his or her Personal Data for direct marketing purposes or the processing carried out on the basis of the legitimate interest ("right of opposition") of SPOGEO.
These rights may only be applicable within the limits of SPOGEO's resources when using Facebook Connect. Some of the data has been communicated to SPOGEO via Connect with Facebook/Facebook Connect and will not be able to be rectified as soon as the connection is made without Facebook's cooperation.
The User may also modify most of the data concerning him/her from the site or the Application himself/herself.
7. Data retention
SPOGEO stores the User's data that is necessary to use the User's Account, and archives it at the end of the following periods:
- 6 years after your last use of our Application and Website, if you have not closed your account.
- 1 year after the closure of your account, unless you have received negative notices or a report. If this is the case, your data are kept for 3 years following the last negative opinion or report.
- The content created by the User such as comments, opinions and ratings are made anonymous after the mentioned deadlines.
- In the event that the account of a user has been suspended or blocked, SPOGEO retain the data for a period of 3 to 9 years from the suspension in order to avoid any circumvention by the user of the rules in force on the Application and Website of SPOGEO.
SPOGEO undertakes to use all possible means at its disposal to guarantee optimal security of the data stored. Nevertheless, it is the User's responsibility to take the necessary and appropriate measures to protect his data.
Audience measurement statistics and raw Site or Application traffic data are not stored for more than thirteen (13) months.
However, at the end of these aforementioned periods, including as necessary from the request for deletion by a User, his Personal Data may be archived in order to meet the legal, accounting and tax obligations of the Data Controller. In order to prevent possible illegal behaviour after the deletion of the User's Account (reuse of an old User Account by a third party, for example) or to respond to post-closing requests for User Accounts.
In the event of litigation proceedings, including those concerning only the Data Controller and/or SPOGEO, for example with regard to the administration, the aforementioned Personal Data as well as any information, documents and documents containing Personal Data tending to establish the facts likely to be reproached or concerning the identification of the defendants, victims, witnesses and court officers (surname, customary name, forenames, address, telephone numbers, e-mail address) may be kept for the duration of the proceedings, including for a longer period than those indicated above.
Users may update or delete their Personal Data either by logging into their Account and configuring the settings of this Account, or for Users who do not have an Account, by sending a request to firstname.lastname@example.org specifying their surname, first name, address and attaching a copy of both sides of an identity document;
The exercise by Users of their rights does not affect the lawfulness of processing operations carried out before this exercise.
Users have the right to file a complaint with the CNIL if they consider that their rights are not respected. However, we invite Users to contact SPOGEO in advance before submitting a complaint to the CNIL (www.cnil.fr).
8. Data transfer outside the EU
As part of the provision of the Services, SPOGEO may transfer your Personal Data to countries outside the European Union.
In this case, SPOGEO ensures that this transfer is carried out in accordance with the regulations in force by taking all appropriate measures and in order to ensure the confidentiality and security of this data under legal, technical and operational conditions and guarantees.
9. Contact Information
● by filling in the online contact form accessible from the SPOGEO website (www.SPOGEO.com) or by a link from the Application.
● by sending an email to the contact at the contact email address: email@example.com.
● by mail to the following postal address: SPOGEO, Park Plaza, Hub innovation, 11 avenue de l'Harmonie, 59491 Villeneuve-d'Asq.