Article 1.
General information
5Feedback (hereinafter the « COMPANY » or « 5FEEDBACK« ) considers the protection of personal data to be of fundamental importance for the conduct of its business. The personal data of customers and users of the COSS Pro by 5 FEEDBACK application (hereinafter referred to as the « APPLICATION« ) are protected and processed with the utmost care, in compliance with the legislation in force.
The COMPANY is committed to respecting your rights to data privacy when you use the APPLICATION and communicate with it electronically.
This Data Protection and Privacy Policy (hereinafter the « PRIVACY POLICY« ) allows you to learn more about your rights and about the origin and use of your browsing information and personal information processed in connection with your use of the APPLICATION operated by the COMPANY.
For the purposes of this PRIVACY POLICY, « personal data » means information that can be used to personally identify or contact you online or offline. This information includes, but is not limited to, your first and last name, e-mail address, language, job title, department and level (« Personal Information »), and your job-related behavioral skills when combined with your Personal Information (collectively, « Personal Data »).
Before using the APPLICATION, please read this PRIVACY POLICY carefully.
You are under no legal obligation to provide the COMPANY with personal data and you hereby confirm that you are knowingly and freely providing the COMPANY with your personal data. By using the APPLICATION, you agree to the terms of this PRIVACY POLICY and to the collection, analysis and sharing of personal data for the purposes set out herein.
If you do not agree with the terms of this PRIVACY POLICY, please do not use the APPLICATION.
The COMPANY reserves the right to change this PRIVACY POLICY at any time. The COMPANY will inform you of any changes by publishing them in this PRIVACY POLICY. The COMPANY therefore invites you to consult this Privacy Policy regularly to ensure that you are aware of any changes and how your data may be used.
Article 2.
Collection of personal data
Personal data are collected only with your consent obtained directly by the COMPANY or through your employer, in particular when you first connect and only if you wish to access the functionalities and the various services that the APPLICATION offers, namely for example:
- – Creating a user profile to access the services offered by the COMPANY via its « COSS Pro » application;
- – Completion of a form to evaluate the behavioural skills of other users of the « COSS Pro » application in the context of their professional activity following a feedback request;
- – Any other request requiring the transmission of personal data.
The types and amount of data collected for the above features will vary depending on the activity.
The personal data requested includes: surname, first name, email address, language, function, department and hierarchical level. For some activities, in particular the creation of a user profile, you will be asked to generate and/or change a password, and/or to provide other information, including (i) the behavioural competencies on which you wish to be assessed, (ii) your list of contacts to whom you wish to send an assessment request and/or (iii) other information about yourself.
Article 3.
Purposes of collecting personal data
As a general rule, all data collected is used for the purpose for which you provided it, or for any other purpose stated at the time of collection or in this PRIVACY POLICY. These purposes are essentially the following:
- – When you register on the APPLICATION: the personal data you provide is used to offer you the benefits and services associated with creating a user profile, including the ability to receive information and communications selected at the time of registration or automatically associated with your registration (e.g. viewing your evaluation results in the form of a dashboard, subscribing to a newsletter, etc.);
- – When you have used the « Synchronise your contact book » function: the personal data you provide is used to give you the possibility to invite your contacts to evaluate you through the « Invite to create feedback » function;
- – When you have used the « Request Feedback » function: the personal data requested for one-time use features (usually surnames, first names, telephone numbers and/or e-mail addresses) are used only once (e.g. to send the request) and are kept until you request to close your account;
- – When you have evaluated one or more users of the » 5 Feedback » application: your name and surname may be communicated to the employer of this or these users, for purely statistical purposes, to enable this employer to know which people are the most frequently questioned by their employees to evaluate their behavioural skills in the context of their professional activity;
- – When you use a contact form: your data is used to respond to your request or comment.
In addition to the purposes for which you have provided your personal data, you may also be given the opportunity (by means of a checkbox or otherwise) to authorise the use of your data for an activity or service that is different from the original activity or service you requested. If you decide to take advantage of these additional services, the COMPANY will use your data to provide them to you.
The COMPANY may also use your email address to send you transactional or administrative communications (e.g., an email when you have used the « 5 Feedback » application to rate another user or someone has rated a skill of yours), as well as certain service-related announcements (e.g., notifications regarding updates to its PRIVACY POLICY, addition or discontinuance of features or programs on the APPLICATION).
The COMPANY may also use your personal and/or demographic information for its internal marketing and research studies in order to constantly improve and personalize the services it provides and to better meet your needs.
Article 4.
Refusal to provide personal data
If you decide not to provide your personal data when requested, you will not be able to access the features offered by the APPLICATION.
Article 5.
Disclosure of personal data
The COMPANY undertakes to treat as confidential all personal data to which it has access. The COMPANY undertakes to obtain the same confidentiality undertakings from its staff and agents who have or may have access to it in the course of their duties.
The COMPANY undertakes never to communicate your personal data to a third party intending to use them for direct marketing purposes, unless it has expressly informed you of this possibility and has received your explicit authorisation.
For the purposes set out in Article 3, the COMPANY may pass on your personal data to its subsidiaries, i.e. companies controlled directly or indirectly by the COMPANY.
The COMPANY may also share your personal data with third parties, but only in the following cases:
- The COMPANY may use service providers, agents or suppliers to support the internal operations of the APPLICATION and to help manage them. Such third parties shall at all times maintain the same levels of security as the COMPANY with respect to your personal data and shall be bound, where applicable, by a legal agreement whereby they are required to maintain the confidentiality and security of your personal data, and to process it only in accordance with the COMPANY’s specific instructions;- Where the COMPANY launches a joint or co-sponsored service on the APPLICATION with another company, organisation or other third party, and collects and processes personal data in connection with that event, the COMPANY may share your personal data with its partner or sponsor. If your personal data is collected by (or shared with) a company other than the COMPANY in connection with this promotion, the COMPANY will notify you at the time of collection of your personal data;
- The COMPANY may also disclose your personal data when required to do so by law or in the good faith belief that such action is reasonably necessary to comply with legal process, respond to claims, or protect the safety or rights of the COMPANY, its customers, or the public;
- In the event of a merger or acquisition of the COMPANY, in whole or in part, by another company or if the COMPANY were to sell or transfer all or part of its activities, the acquirer would have access to the information obtained by the COMPANY, and in particular to personal data, subject to the laws in force. Similarly, personal data may be transferred in the context of corporate restructuring, insolvency proceedings or similar events, if permitted by and in accordance with applicable law;
- The COMPANY may share aggregate information from surveys or statistical information with third parties. However, this information is anonymised and does not contain any personal data.
The main service providers operating the APPLICATION are located in France. The transfer of data to these service providers is based on contractual clauses, in accordance with the laws in force. They are also bound by a contract which guarantees high standards of privacy protection and requires (among other things) that they act only in accordance with the COMPANY’s instructions and always implement all necessary technical measures to keep your personal data secure.
Article 6.
Duration of storage of personal data
The COMPANY retains your personal data for as long as your user profile is active, when it has established a contract with you or, if necessary, to provide you with the services you have requested, to respond to your queries or solve problems, or to offer new and improved services.
Your personal data is automatically deleted when you delete your account, at the request of your employer or at your request. You can also export your feedback data to your dashboard area on the application at any time.
Where your account has not been deleted, the COMPANY will retain your personal data for a maximum period of three (3) months following the termination of the use of its services by the controller. After this period, your personal data will be deleted from all systems operated by the COMPANY.
If you wish the COMPANY to stop using your personal data to provide services to you (e.g. refusing to receive e-mails), please contact the COMPANY as described in Article 9.
Article 7.
Security measures
The COMPANY takes the security of your personal data very seriously.
The COMPANY undertakes to take all necessary technical and organisational measures to preserve the confidentiality and security of your personal data collected on the APPLICATION, including your sensitive personal data. These efforts include, among others: (i) storing your personal data in secure operating environments accessible only to authorized employees of the COMPANY, as well as its agents and contractors; and (ii) verifying the identity of registered users, prior to allowing them to view the personal data that the COMPANY maintains about them.
Employees of the COMPANY who may have access to your personal data by virtue of their duties are bound to the COMPANY by confidentiality agreements in this respect.
However, no method of transmission over the Internet or method of electronic storage is 100% secure. Thus, even if the COMPANY makes its best efforts to protect your personal data, it does not control the risks associated with the operation of the Internet and draws your attention to possible risks in terms of occasional loss of data or breach of confidentiality of data passing through this network. In any event, the COMPANY undertakes to notify you as soon as possible and, if possible, no later than 72 hours after becoming aware of any breach of personal data, in accordance with the conditions set out in Articles 33 and 34 of Regulation (EU) 2016/679 of 27 April 2016 known as the » GDPR « .
Article 8.
Links and interactions with third party sites
The APPLICATION may allow you to interact with third party sites or may contain links to other third party sites, mobile applications and services that are not owned or controlled by the COMPANY (each a « THIRD PARTY SERVICE »). The COMPANY is not responsible for the privacy practices or the content of any THIRD PARTY SERVICE. Please note that the THIRD PARTY SERVICE may collect information about you. As such, the COMPANY encourages you to read the terms and conditions and privacy policies of each THIRD PARTY SERVICE with which you choose to interact.
Article 9.
Individuals’ rights regarding personal data
You may exercise your rights regarding your personal data by contacting the COMPANY by sending your requests to the dedicated department by e-mail at the following address: rgpd@5feedback.com.
You may request that your personal data be corrected if it is inaccurate, incomplete or obsolete, or that it be deleted.
Furthermore, you always have the option of not communicating your personal data or of objecting to their processing for legitimate reasons. However, if you choose this option, you will not be able to use the service.
In the event of a complaint against 5Feedback, the user may contact the « Commission Nationale Informatique et Libertés » (CNIL). https://www.cnil.fr/
Article 10.
Information about minors
The APPLICATION is not intended for children under the age of majority (« MINORS »), but it is not reserved for adults because it does not contain any content prohibited to MINORS.
If the COMPANY becomes aware that it has collected the personal data of a MINOR, the COMPANY will take steps to delete this information as soon as possible.
Article 11.
Questions / Contact
If you have any questions, complaints or comments regarding this PRIVACY POLICY or the data collection and cookie management practices, please contact the COMPANY by writing to the COMPANY or by sending an e-mail to rgpd@5feedback.com
