The privacy policy implemented by Eiffage Énergie Systèmes – Gestion et Développement – a simplified joint-stock company with capital of €229,500 (SIRET (business reg.) number: 7420 542 151 00030)  (hereinafter “Eiffage Énergie Systèmes – Gestion et Développement”) is accessible on the page “Legal notice” or “T&Cs” of the website https://www.yousense.com/ (hereinafter the “Website”).

Preamble

Eiffage Énergie Systèmes – Gestion et Développement protects the privacy of all users of its Website in its capacity as a data controller within the meaning of French Law No. 78-17 of 6 January 1978 as amended (hereinafter the “French Data Protection Act”) and the general data protection regulation no. 2016/679 (hereinafter the “GDPR”) of the European Parliament and of the Council of 27 April 2016.

The main aim of this Privacy Policy is to inform You about the following aspects of any Personal Data processing carried out by Eiffage Énergie Systèmes as the data controller in connection with the Website. This document provides information about:

• the categories of Personal Data concerned and how Your Personal Data is collected, processed and stored;
• the manner in which Eiffage Énergie Systèmes – Gestion et Développement uses Your Personal Data;
• the recipients or categories of recipients of Your Personal Data;
• the steps taken by Eiffage Énergie Systèmes – Gestion et Développement to protect Your Personal Data collected when You use the Website;
• as well as Your rights and obligations and those of Eiffage Énergie Systèmes – Gestion et Développement under the French Data Protection Act and the GDPR.

You agree to read the Website’s Terms of Use (hereinafter the “T&Cs” and any other contractual documents agreed with Eiffage Énergie Systèmes – Gestion et Développement for the use of the Website, forming, with this Privacy Policy, a contractual whole that is binding and enforceable against You.

Definitions

The terms below shall have the following meaning, whether in the singular or plural form:

• “Personal Data” means, pursuant to Article 4 of the GDPR, “any information about an identified or identifiable natural person (hereinafter referred to as the “data subject”). An “identifiable natural person” is deemed to be a natural personal that can be identified, directly or indirectly, including by reference to an identifier, such as a name, identification number, location data, an online identifier, or one or more elements specific to its physical, physiological, genetic, psychological, economic, cultural or social identity”. Data that can be used to identify Users are deemed to be Personal Data. We would like to point out that the electronic identification data enabling us to identify your connection Terminal or the pages viewed on the Website during your browsing are generally insufficient on their own to identify you by name.

• “Commercial Partners” means the partners of Eiffage Énergie Systèmes – Gestion et Développement. This means the following companies:

• “Applicable Regulations” means all regulations and rules, now or hereafter in force, applicable to Users and the Website, mainly the legislation and regulations protecting Personal Data, including the French Data Protection Act and the GDPR.

• “Data Controller” means Eiffage Énergie Systèmes – Gestion et Développement when it determines the purposes and the means of processing Personal Data.

• “Website” means the website(s) with the following URL: https://www.yousense.com/

• “Terminal” means the different media on which the Website can be accessed. Terminals include smartphones, tablets, Internet-based personal computers (PC or Apple) and any connected object, or which can be connected to another object as well as the Internet.

• “You”, “Your”, “User(s)” means any person accessing the Website (for example visitors) whose Personal Data may be collected when visiting the Website.

Procedures used to collect Personal Data

Eiffage Énergie Systèmes – Gestion et Développement collects Your Personal Data directly and indirectly, including:

• via Your Terminal (including: cookies, connection data);
• via data collection forms on the Website such as the “Request a meeting” section;
• while browsing the Website’s pages.

1.     Cookies

• General

When You visit the Website, information relating to Your browsing experience may be recorded in “cookie” files installed on Your Terminal.

A cookie is a file installed on Your Terminal by the server of the website You visit, recording information relating to your browsing experience on a website. The data obtained from those cookies is used to enhance Your next visit to the website and also to generate various traffic measurements.

These cookies are stored when You browse our Website, either directly by us or by some of our Commercial Partners. (see the section on cookie settings – Section 3.5 Your cookie preferences).

Only the issuer of a cookie can read or modify the information contained therein.

However, we would like to inform you that if You share the use of Your Terminal with other people, we cannot ensure that the services and advertisements received correspond to Your own use and not to that of another User. It is Your responsibility to configure the necessary settings to reject the installation of tracking cookies enabling You to be offered this targeted advertising.

There are different types of cookie:

• session cookies (technical cookies) which disappear when you leave the Website;
• permanent cookies which remain on Your Terminal until the expiry of their life span, or until you delete them using the features of your browser.

We would like to inform you that, when visiting the Website, cookies may be installed on your Terminal.

• Cookies issued via the Website

The cookies we issue to Your Terminal enable us to recognise Your browser when You connect to the Website.

The cookies placed by the Website are detailed in the table below:

• Cookies issued by third parties via the Website
  • Improvement of the user-friendly nature and interactive nature of the website

We sometimes include third-party computer applications on the Website, to allow You to share the content of our Website with other persons, inform them that You have visited content on our Website or share Your opinion with them. For example, we often include “Share” and “Like” buttons for social media such as Facebook, Twitter, LinkedIn and Viadeo, etc.

The social media providing the button may identify You using that button, even if You do not click on the button when browsing our Website. Social media can use that type of button to monitor Your browsing on our Website if Your account with them was activated on Your Terminal (open session) when You browsed our Website.

We have no control over the processes used by social media to collect information relating to Your browsing on our Website, associated with the Personal Data they hold. Please consult the privacy policies of the relevant social media for information on their use, namely for advertising purposes, of the browsing information they may collect through these buttons. In particular, these privacy policies are required to give You an opportunity to choose how these social media can use Your data, by allowing You to change the settings for Your user accounts with them.

• “Flash”© cookies from “Adobe Flash Player”

“Adobe Flash Player”™ is an IT application that allows rapid development of dynamic content using the “Flash” computer language. Flash (and similar applications) memorises settings, preferences and use of this content using a technology similar to cookies. However, “Adobe Flash Player”™ manages this information and Your choices through a different interface than that provided by Your browser software. Insofar as Your Terminal is likely to view content developed with the Flash language, please access Your Flash cookie management tools, directly on the website http://www.adobe.com/fr/

• Your cookie preferences

The storage of a cookie remains subject to Your consent. You may therefore change the settings of Your browser to disable all cookies or some cookies only (for example, those installed by a certain website). You may also select a prompt option, allowing You to enable or disable specific cookies before they are stored on Your Terminal.

However, given the purposes for which cookies are used as explained above, if You decide to block cookies, this could affect Your browsing experience and/or the features and services and conditions of access to certain services requiring the use of cookies, such as, for example, a user-friendly layout of the Website adapted to Your Terminal.

Although most browsers are set by default to enable the installation of cookies, You can choose to enable all cookies, to disable them systematically or to choose which ones You want to enable depending on their origin. You can also regularly delete cookies from Your Terminal via Your browser.

You may select and change Your cookie settings at any time, by following the relevant instructions:

• For Chrome: click on “Settings” and display advanced settings. Under “Privacy” click “Content Settings” then “Cookies”. Select the level required.
• For Mozilla Firefox: Click on the “Tools” menu and choose “Preferences”, select the “Privacy” icon and go to the “History” section and then choose “Use custom settings for history”. Select the level required.
• For Microsoft Internet Explorer 11.0 and later: in the “Tools” menu select “Internet Options” and then click on the “Privacy” tab. Select the required option for handling cookies using the cursor.
• For Opera 6.0 and later: from the main menu, select “Settings”, click on “Privacy & Security” in the sidebar and select the required options for handling cookies under “Cookies”.
• For Safari: in the Safari menu, choose “Preferences” and then click on “Security” or “Privacy” and select the required options for handling cookies.

However, don’t forget to configure all the browsers on your various terminals (tablets, smartphones, computers, etc.).

Please read the “Cookie Banner” document for information about information banners.

2.     Purposes of Personal Data processing

Eiffage Énergie Systèmes – Gestion et Développement processes Personal Data via the Website for the following purposes (hereinafter the “Purposes”):

• to answer Your questions or requests for information and process any other requests (e.g. recruitment, quotes, student projects and complaints);
• To inform You about products;

The information required by Eiffage Énergie Systèmes – Gestion et Développement for the above purposes is marked with an asterisk (*) on the relevant pages of the Website. If You fail to complete the required fields marked with an asterisk(*), Your access to all or part of the services and features of the Website could be blocked and Your requests may not be processed.

The other information is optional but will allow us to get to know You better and to improve the communication and services offered to You. Eiffage Énergie Systèmes – Gestion et Développement collects the following main pieces of information: Your full name, postal address, email address and telephone number.

3.     Personal Data Retention Period

To comply with the regulations in force, the Personal Data collected is retained for a determined period of time. The retention period must be proportionate to the Purposes described above:

Therefore, Your Personal Data for:

• your electronic identification is retained for thirteen (13) months after collection;
• cookies is retained for thirteen (13) months after collection.
• Processing your commercial request: three (3) years from the last commercial contact

The collected Personal Data is erased whenever one of the following events occurs:

• expiry of the retention period;
• exercise of Your right to request the erasure of Your data in accordance with the regulations in force and the procedures set out in the “Access rights to Your Personal Data” section of this Privacy Policy;
• discontinuance of the Website by Eiffage Énergie Systèmes – Gestion et Développement, for any reason whatsoever.

4.     Recipients of Personal Data

To ensure the proper operation of the Website and in accordance with the Purposes, the Personal Data may be transferred to:

• Commercial partners;
• relevant departments and/or divisions of Eiffage Énergie Systèmes – Gestion et Développement;
• departments and/or divisions of a company in the EIFFAGE group to which Eiffage Énergie Systèmes – Gestion et Développement belongs;
• departments and/or divisions of an agency of Eiffage Énergie Systèmes – Gestion et Développement. 

5.     Sharing and disclosure of Personal Data

Eiffage Énergie Systèmes – Gestion et Développement will only transfer Your Personal Data to a third party in the following cases:

• You have expressly consented in advance to the sharing of this information (for example, for a special promotional event);
• Eiffage Énergie Systèmes – Gestion et Développement receives an order from a court of law or any other legally competent administrative authority requesting the provision of this information in accordance with the legislation in force.

6.     Personal Data spontaneously transferred by Users without a request from EIFFAGE

Eiffage Énergie Systèmes – Gestion et Développement requests that You do not transfer any content that has not been requested in a questionnaire or in any other data collection form, such as commercial information, advertisements, Your own personal creations, ideas, concepts, etc.

Whenever You voluntarily provide Your Personal Data, in particular in the form of multi-media content (photographs and videos, etc.), You agree to provide accurate information that does not harm the interests or infringe the rights of third parties.

7.     Security measures

Eiffage Énergie Systèmes – Gestion et Développement makes every effort to protect Your Personal Data from any damage, loss, corruption, penetration, disclosure, distortion or destruction and has an IT security policy that outlines the applicable security means and rules that apply in accordance with the recommendations of the ANSSI (French IS Security Agency) and the standard ISO 27001.

Physical and electronic backup procedures are implemented for the Personal Data collected on the Website, in accordance with the French legislation in force on the protection of Personal Data.

Any Eiffage Énergie Systèmes – Gestion et Développement employees with access to Your Personal Data for the performance of their duties are bound by absolute confidentiality obligations in this respect.

However, Eiffage cannot manage all of the inherent risks of the Internet and wishes to draw Your attention to the potential risk of one-off losses of data or breaches of the confidentiality of data transferred online. The information proposed on the Website may be suspended if a force majeure event or any event beyond the control of Eiffage Énergie Systèmes – Gestion et Développement occurs or under circumstances that are not attributable to Eiffage Énergie Systèmes – Gestion et Développement.

8.     Accuracy of the Personal Data collected

You acknowledge that You are fully aware of the importance of providing accurate Personal Data on the Website.

Accordingly, You agree not to provide inaccurate Personal Data at any time during the period of Your use of the Website and to immediately update your Personal Data if any changes occur during that period.

As such, You may submit an access request or a request for the rectification or erasure of all or part of your Personal Data, as set out in the “Access rights to Your Personal Data” section of this Privacy Policy.

9.     Access rights to Your Personal Data

In accordance with the provisions of Article 13 of the GDPR, you have a general right to access, rectify and erase Your Personal Data processed by Eiffage Énergie Systèmes – Gestion et Développement.

You may exercise that right by sending your request to the Data Protection Officer of Eiffage Énergie Systèmes – Gestion et Développement by email (privacy.fr@eiffage.com), or by post to the address below, explaining your Request and enclosing proof of Your identity:

Eiffage

Délégué à la protection des données (Data Protection Officer)

3-7 place de l’Europe

78140 Vélizy – Villacoublay, France

You also have the right to restrict the processing of Your Personal Data as well as the right to object to your Personal Data being processed on legitimate grounds (and to object to direct marketing without any need to prove legitimate grounds).

You also have the right to lodge a complaint with a supervisory body.

10. Unsubscribing from the newsletter

The Website offers Users a free “Newsletter” to which You are free to subscribe. This Newsletter contains information about the progress of Eiffage Énergie Systèmes – Gestion et Développement projects, products and general news.

If You no longer wish to receive the Newsletter, Eiffage Énergie Systèmes – Gestion et Développement invites You to unsubscribe:

• either by clicking on the link at the bottom of the Newsletter: <Unsubscribe>
• or by sending an email to energie@eiffage.com specifying the email address to be unsubscribed.

11. Use of data in the event of a change in control of the company

The Personal Data collected by Eiffage Énergie Systèmes – Gestion et Développement may be transferred to third parties as part of a change in the control of the company, an acquisition, collective insolvency proceedings or a sale of the company’s assets.

12. Personal Data policy for minors

Minors are not the target audience of the Website.  However, access to the Website is not restricted to adults, as the content posted is not unsuitable for those under eighteen (18) years old.

The forms and questionnaires on the Website are not designed to collect information about minors. If information is collected via the Website about a minor, the minor’s legal representative may contact Eiffage Énergie Systèmes – Gestion et Développement’s communications department to rectify, modify or erase that information (see the “Right to access, modify, rectify and erase data” Article).

13. Liability

By using the Website, You agree to comply with the terms of this Privacy Policy.

As such, You are and will remain liable for any breach of this Privacy Policy and, in particular, for the confidentiality of Your login details for the Website and any unauthorised use of the Website.

As such, You shall bear any financial penalty that may be awarded against Eiffage Énergie Systèmes – Gestion et Développement, in particular by a French court (administrative or ordinary court) or any independent administrative authority, such as the French Data Protection Authority (Commission Nationale de l’Informatique et des Libertés – CNIL), based on any failure by on Your end to fulfil Your obligations under this Privacy Policy.

Furthermore, Eiffage Énergie Systèmes – Gestion et Développement disclaims all liability in the following cases:

• (i) intentional or unintentional use of all or part of Your Personal Data by a third party;
• (ii) any provision of incorrect Personal Data or failure to update that data;
• (iii) any failure to fulfil Your obligations under the French Data Protection Act, this Privacy Policy or other contractual documents that are binding on You.

14. Update of the Privacy Policy

Eiffage Énergie Systèmes – Gestion et Développement may amend the Privacy Policy. These updates may be implemented without prior notice by being posted online.

In such a case, the previous version of the Privacy Policy will be automatically terminated and superseded by the new version, which will be binding on all Users with immediate effect. Any use of the Website will be governed by the Privacy Policy in force at the time of that use.

Given the changes that may be made to the Privacy Policy, please consult the “Personal Data” section of the Website regularly.

15. Questions/Contact

Any questions or comments relating to this Privacy Policy or the manner in which Eiffage Énergie Systèmes – Gestion et Développement collects and uses Your Personal Data should be emailed to communication.energie@eiffage.com or sent by post to Eiffage Énergie Systèmes – Gestion et Développement.

16. Wholeness of agreement

In the event one of the clauses of this Privacy Policy is declared null and void due to a change in legislation, or a decision of the courts, this shall not, in any way, affect the validity and compliance of the other clauses of this Privacy Policy.

17. Applicable law and competent courts

This Privacy Policy is governed by French Law.

IN THE EVENT OF A DISPUTE ARISING IN CONNECTION WITH THE VALIDITY, EXECUTION OR INTERPRETATION OF THE PRIVACY POLICY, EXPRESS JURISDICTION SHALL BE ATTRIBUTED NOTWITHSTANDING MULTIPLE DEFENDANTS OR THE INTRODUCTION OF THIRD PARTIES, EVEN FOR EMERGENCY PROCEEDINGS OR PRECAUTIONARY SUMMARY PROCEEDINGS OR BY REQUEST To the relevant French court.

IN CASES WHERE A PUBLIC POLICY PROVISION UNDER FRENCH LAW GRANTS EXCLUSIVE JURISDICTION TO ANOTHER COURT, IN WHICH CASE THE COMPETENT COURT SHALL BE THE ONE SO APPOINTED.