PRIVACY POLICY

May 2018

1. PREAMBLE

This Privacy Policy is intended to provide you with comprehensive information about how Kwanko SA (hereinafter “Kwanko”) collects, uses and discloses personal data that it may collect and process within the scope of its commercial activities, as well as the rights that you have over the data concerning you. It enters into force on 25 May, 2018.

Updates to this version of the Privacy Policy reflect the changes made by the General Data Protection Regulation (EU) 2016/679 of the European Parliament and the Council dated 27 April 2016 (hereinafter the “GDPR”).

Kwanko has made its compliance with regulations and laws on the protection of privacy and personal data a priority.

The KWANKO Terms and Conditions of Sale (for advertisers) and Terms and Conditions of Use (for affiliates) contain the main rules that are applicable to the data collected and processed through our services and our platforms. We impose these rules on all partners that we work with and we ask them to comply with the laws and regulations in force for all services they provide to us.

As part of its business activities, Kwanko collects and processes personal data (1) on behalf of itself, but also (2) in the name and on behalf of its partners, be they advertisers or affiliates. In the first case, Kwanko acts as a data controller, while in the second case, it is a subcontractor within the meaning of the provisions of the GDPR.

Processing that is subcontracted by Kwanko is strictly governed by agreements concluded with its partners, in accordance with the requirements of the regulations in force.

2. COLLECTED DATA

The way that you communicate with us or with our technologies and services determines the purpose of the collection and the processing of the information. Through this Privacy Policy, we want to inform you about the types of personal data that we may access.

“Data” as a general term may include all kinds of personal information, such as your name, address, or information about your device (for example, your operating system or browser).

2.1. Data collected via our website www.kwanko.com

When you browse on our website www.kwanko.com, we may collect information about you.

You can visit our website without any obligation to provide information about yourself. However, please note that our web servers temporarily record traffic data provided by the device you use to enter our website (including host name (IP address)), and the date, time and duration of your visit, your browser data and operating system, as well as the name of your service provider, and the website from which you have been redirected to our website (the so-called reference URL). This information is stored in a log file until it is automatically deleted.

The collection and processing of this data is done in order to facilitate the use of our website (implementing the login) and to ensure the security and stability of our systems as well as the technical administration of the network infrastructure.

We do not record any Personal Data (your name, address, telephone number or email address) other than those that you voluntarily provided, for example, as part of an enquiry or during an attempt to establish a contractual relationship.

2.2. Contact data when creating user accounts on the Kwanko platform

As part of our services, we collect Contact Data in order to be able to proceed with the creation of one or more user accounts that enable our partners to log into the Kwanko platform and to benefit from its services. To this end, we collect and process the following data:

– Surname and first name of the contact(s) at our partners,
– Postal, telephone and electronic contact information
– Language of use on the platform,
– Login username and password for the platform.

We may also collect, as appropriate, invoicing information, such as name and invoicing address, as well as banking details (“Relevé d’Identité Bancaire” or RIB in France).

2.3. Data collected via Kwanko tracking technology

We collect users’ technical identifiers from our partners in order to converge the browsers and mobile application environments that are used, and to present relevant advertisements based on user activity on different browsers and the environments.

For these purposes, we process and store:

  • the CRM ID of our advertising partners and/or the email addresses in hashed form. (For example, the hashed form of name@email.com would be 95ad3e9a65078288849e0ce56cf032c4)
  • the mobile advertising identifiers (such as IDFA for iOS-enabled mobile devices or GAID for Android-based mobile devices), which are technical identifiers created by mobile phone manufacturers for the purposes of customisation and analysis in a secure and non-identifying way for users.

We may also collect technical identifiers from trusted partners in order to improve our multichannel convergence technology (cross-device) and thus offer our partners a harmonised experience when browsing on a website or mobile application that is part of the KWANKO network.

Our partners may use deterministic or non-deterministic technologies but, in any case, we require that our partners share with us only the convergence data to the exclusion of any other data (whether personal or not) that may be collected by these partners as part of their services, and that they offer users a simple way to oppose the collection and processing of their data.

2.4. Data collected via our PartnerTag

Online behavioural advertising is a technology that enables the display of advertisements that are tailored to your preferences and therefore more interesting for you. Based on the user’s previous anonymous browsing behaviour, their interests are grouped into user profiles. Depending on the user’s supposed interests, relevant advertisements are then presented to the Internet user. This will allow for advertisements to be disseminated that are as targeted as possible. Some providers use cookies for this.

KWANKO does not undertake behavioural advertising nor use tracking services, nor does the “PartnerTag” management tool supplied by KWANKO to its advertisers collect data for these purposes.

However, the tracking codes used by “PartnerTag” through our publishers may use cookies for behavioural advertising purposes.
For this reason, we would like to draw your attention to the option of opposing the collection of data for the purpose of targeted advertising on the following websites: http://www.aboutads.info/choices/ and http://www.youronlinechoices.com/en/ (for the European zone).

2.5. Data collected via cookies

Kwanko uses cookies for these tracking services, in other words, services that dynamically analyse an advertiser’s advertising communications and their impact on customer attitudes and behaviours.

Cookies are small files that are installed on your device, which perform a variety of functions, including enabling you to navigate between pages efficiently, remembering your preferences, and generally improving your experience.

Kwanko stores cookies on the devices of users who visit the websites and who use the online services of our advertisers, in order to obtain convergence data and to record events such as sales and leads (for example, the sale a product on an e-store, or the completion of a form for being contacted back).

The sole purpose of our cookies is to link the dissemination of an advertisement on the website of an affiliate (a content publisher) to a commercial transaction performed on the website of the advertiser of said advertising, and to perform the corresponding invoicing services. Personally identifiable information about the user is neither collected nor processed nor used in tracking. Tracking cookies only store information about when and on which device a dissemination or a click on an advertisement occurred. We only store an individual sequence of numbers that cannot be attributed to an individual user and which contains only information about the advertiser’s advertising programme, the affiliate, and/or the dates and times on which the user saw or clicked on the advertisement.

Tracking operations also allow us to collect information on the type of electronic device that was used by the user to complete the commercial transaction. This, for example, consists of information about the operating system or the Internet browser used. These data are only collected for statistical purposes and for the optimisation of the services provided by Kwanko.

Kwanko uses cookies and similar technologies when providing its services to help it collect other information.

We only collect data related to users’ browsing through cookies or equivalent identifiers that record:

  • events related to the user’s activity on our partners’ websites (for example: the number of pages viewed, the products viewed, and the searches made on our partners’ websites);
  • information related to the user’s computer, tablet or smartphone (type of device, operating system, version) and events related to the dissemination of advertising via the KWANKO platform, such as the number of advertisements that have been displayed.

The cookies used are listed below:

Cookie Inventory
A more complete version of this table is accessible from the page www.kwanko.com/en/gdpr.

You can control cookies via your browser preferences and other tools. To disable these cookies, we invite you to visit our dedicated Opt-out Page.

2.6. Data via our lead generation services

As part of our “lead generation” services, we collect or receive through our affiliates, Data about you, such as your surname and first name, and your electronic, telephone and postal contact details.

This collection of data is performed on behalf of our advertiser partners, and only for the purpose of enabling them to identify potential prospects in order to grow their business activities.

2.7. IP address

In line with industry best practices, we use IP addresses for fraud detection purposes and not for targeting purposes. The objective is to identify situations that cannot be associated with human behaviour, such as a massive volume of clicks in a limited time, or to extract geographic information.

3. USE OF DATA

We collect and process solely Personal Data about you for which we have legal bases. The legal bases include your consent (when you have given your consent), the contract (where the data processing is necessary for the performance of a contract between you and Kwanko, or between our partners and you, for example, to provide you with the services you have requested), and “legitimate interests”.

When the processing of your Personal Data is subject to your consent, you have the right not to consent or to withdraw your consent at any time; when the processing of your personal data relates to legitimate interests, you have the right to oppose them. If you have any questions regarding the legal bases on which we rely for the collection and use of your personal data, please contact our Data Protection Officer, whose contact details are listed at the end of this Privacy Policy.

We use the personal data provided by our affiliates and advertiser partners solely to administer and to provide our technologies and services, to respond to requests from partners and, where applicable, to execute the contract between a partner and Kwanko, or between a partner and yourself. We retain your personal data in strict accordance with applicable data protection and privacy laws and with our contractual obligations, and we will prevent any unauthorised access to the data to the best of our ability.

Finally, we may use the Data when it is necessary for complying with a legal or regulatory obligation.

4. RETENTION OF DATA

Kwanko will retain the Data in accordance with the general terms and conditions of sale and/or use signed with its partners, that is to say, for the time that is strictly necessary to enable Kwanko to fulfil its contractual obligations vis-à-vis its partners.

In the event that you are registered as an advertiser or disseminator on our platform, Kwanko retains your Data as long as your account exists or as long as necessary to provide its services. This includes the Data that you or third parties have provided to us and the Data generated or deduced based on your use of the services.

Kwanko may also retain some of your Data for a longer period of time, solely for the purpose of complying with any legal obligation or responding to any questions or complaints that may be submitted to it following the termination of the contractual relationship with its partners or yourself.

5. SHARING AND DISCLOSURE OF DATA

We only share the Data with our partners, which in any case only receive the personal information necessary to perform and provide our services, and which are not authorised to use this personal data in any other capacity other than for the service in question.

We may, however, transmit your data to our subcontracted service providers, but only if we have contractually mandated them to process the data on our behalf, and if we and the subcontracted service providers meet all the requirements of the data protection regulation. The data are stored in the European Union and the European Economic Area.

We may communicate personal data in order to comply with applicable legislation and to respond to requests from public or governmental authorities. We undertake, however, to notify you under the conditions provided for by the legislation in force.

In order to fulfil our contractual obligations, we may transmit your data to companies that we control and to subsidiaries thereof, provided that such companies are subject to this Privacy Policy or to confidentiality rules that guarantee a level of protection for your data which is at least equal to that of the Policy.

Finally, we may share your Personal Information within the context of a sale, merger or takeover, or in preparation for such events. Any third-party entity wholly or partly purchasing our business will be authorised to use your data, but only in accordance with this Privacy Policy and after having duly informed you of this transfer of activity. You may, of course, object to this by exercising your legal rights as described in Article 7 of this Privacy Policy.

6. TRANSFERS OF DATA ABROAD

We process data both inside and outside the European Union, and we rely on binding contractual mechanisms and legal processes to legally transfer data across the borders of the European Union and to secure these flows of data.

7. DATA SECURITY

Kwanko takes data security very seriously and strives to protect all Data collected in order to prevent it from being lost, distorted, damaged or accessed by unauthorised third parties.

For example, we have implemented safeguards to ensure the confidentiality, security and integrity of your Data. As such, we try to restrict access to the Data to only some of our employees and only to the employees of our service providers who need to know them and who have been trained on how to comply with privacy rules.
These measures take into account the sensitivity of the Data we collect, process and store, as well as the current state of technology. Our data are hosted by the company Claranet (ex-Oxalide), which has obtained ISO 27001 security certifications that are internationally recognised.

To learn more about current security and data privacy practices and policies, please see our Security Policy available on www.Kwanko.com/en/gdpr.

8. RIGHTS OF ACCESS AND CONTROL OF YOUR DATA

In the event that you are registered as an advertiser or disseminator on our platform, you can access your customer account and delete or correct some of your data yourself.
In accordance with the legislation in force, and in particular Act no. 78/17 of 06 January 1978 in relation to Data Protection (“Informatique et Libertés”) and the GDPR, you have a right of access, rectification and erasure of your Data, as well as a right to limit its processing, and to the portability of your Data.

You also have the right to oppose the processing of your Data by Kwanko for legitimate reasons, as well as the right to file a complaint with the CNIL (French data protection enforcement agency).

You can exercise your legal rights at any time by contacting us by email at gdpr@kwanko.com, or by post at KWANKO SA, 60 boulevard Maréchal Joffre 92340 Bourg-la-Reine, France.

In observation of the applicable privacy legislation, we will delete your data without any action on your part if the retention of your data is no longer necessary for the purposes pursued, or if the retention no longer has any legal basis. We may restrict the processing of your data instead of deleting it when we are bound by legal obligations to retain your personal data.

9. AMENDMENTS TO THIS PRIVACY POLICY

Kwanko reserves the right to modify this Privacy Policy at any time. The amendments will come into effect twenty-four (24) hours after they have been posted online.
In continuing to use Kwanko’s services and platforms after the publication of the amendments to our Privacy Policy, you acknowledge that it means that the collection, use and sharing of your Data will be subject to the updated version of the Privacy Policy.

10. CONTACT KWANKO

If you have any questions or complaints in relation to this Privacy Policy, you can contact us online or send us a letter to the following address: KWANKO SA, 60 boulevard du Maréchal Joffre 92340 Bourg-la-Reine, France. You can also contact our Data Protection Officer (DPO) at the following address gdpr@kwanko.com.

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