PRIVACY POLICY

Last Updated: 2nd November, 2019


You must validate this Privacy Policy upon setting up of Your Account and accept it as binding upon You. Terms defined in capital letters have the meaning given to them in the Terms of Use.

We adopt this notice to comply with the California Consumer Privacy Act of 2018 ("CCPA") and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice.


1. General


1.1 This Privacy Policy describes how Once (the "Company", "we", or "us") collects, uses, stores, shares and protects your personal information in connection with your use of both the platform accessible through the www.once.app domain name (the "Site") and the services we may offer through the Site from time to time, consisting in 'Stories' creation, sharing and other services (indistinctly referred to as the "Services").

2. Scope of this policy


Respondents

2.1 If you are a respondent, please note that we are not the entity responsible for the processing of data, but a mere provider rendering services to the person or company that sent you the Stories to fill out. We suggest you carefully read the terms and conditions and privacy policy of the company or person that sent you the Stories, as those are the ones governing the processing of your personal data. If you have any doubts, please contact that person or company. Also, depending on how the person or company that sent you a Stories configure that Stories, your data may be shared or made public. To find out more, please contact the entity or person sending you the Stories.

If you use our Services or Site

2.2. If you use our Services or Site, this Privacy Policy sets forth how we are processing your personal data, and how are we processing personal data on your behalf. You are not required to provide any personal information when using the Site, unless you choose to access features that require such information (as, by way of example, subscribing to any newsletter). The use of the Services, however, require that you sign up and create an account on the Site as described in more detail in the Service Terms and Conditions.

2.3. Personal information you provide us when using the Site and/or the Services is subject to this Privacy Policy, and you will be prompted to read and accept it.

3. How is your data being processed?


3.1. Who processes personal information? (who is the 'Data controller')

Personal information is processed by Us:

Once
9 rue Ambroise Thomas 75009 Paris
Contact email: support@once.app

3.2. What are we processing your data for and why are we processing it? ('Purposes of data processing', 'legal basis of the data processing' and 'storage periods')

We will process your data when we have to perform a contract, and we will be processing your data as long as the contractual relationship with you is in force and during the five years following the end of said relationship. This results in us having to process your data for purposes of providing you with both the Services, as well as to perform our obligations under the Services Terms and Conditions.

Subject to obtaining your consent, and as long as you do not withdraw any such consent, we may also process your data for the following purposes:

a) To send you electronic commercial communications (if you subscribe to a newsletter) or to answer the requests you may address us when contacting us;

b) To process information obtained through cookies, as described in more detail in the 5. Cookies section, and subject to the terms set forth therein;

c) If you opt to sign in by means of a third party social media platform, we may obtain ID confirmation and other information from that third party, as mentioned in each case;

d) For profiling purposes based on your behavior and how you browse the Site and use the Services, which pages you have visited, and to build audiences. Please note that we may profile users by means of cookies. In those cases, your acceptance of the installation and use of cookies results in a data processing for profiling purposes, as described in this paragraph.

e) We may enrich the data we have about you by obtaining information from a select third party for data enrichment purposes, provided that you have given us prior permission. Enriching data allows us to analyze a deeper subset of data from which we may present personalized content.

When we have to comply with a legal obligation applicable to us from time to time, such as those set forth in tax and anti-money laundering laws and regulations (such as Act no. 58/2003, dated December 17, on Taxes; Act no. 27/2014, dated November 27, on corporate taxes; Act no. 10/2010, dated April 28, for the prevention of money laundering and financing or terrorism; or Organic Act no. 10/1995, dated November 23, on Criminal Code). In any such cases, the data will be processed only during the periods set forth by said laws, being deleted thereafter.

Finally, we may also process your data to protect our legitimate interests, as long as said data is strictly necessary to fulfil the goals set forth below, namely:

a) To review, monitor, investigate, and analyze how to improve the Services and/or the Site, as well as to keep our Services and the Site secure and operational and prevent abusive activity (e.g. fraud, spam, phishing activities, etc.). This may include sending you Stories to assess any problems in the service or know how to improve your user experience. The interests at stake are ensuring a correct and safe environment for both other users and us, taking those interests prevalence over your legitimate interests (we need to create and maintain an environment which is in accordance with the law, the legitimate interests of other parties, what other users may expect from our end, and to protect other users' security when accessing the Site and use the Services);

b) Besides any commercial electronic and non-electronic commercial communication sent when we have obtained your consent as mentioned above, we may also send you those kind of communications when you are our client. In this last case, we will only send you information belonging to us and concerning services and/or products identical or similar to the ones you have contracted with us. In these cases, we have a legitimate interest in processing your contact information to keep you informed about any of our products and services, prevailing this interest over your right to personal data given the non-sensitive nature of the data in question and the fact that the contractual relationship built with our clients results in those clients expecting these kinds of communications; and

c) Upon dissociating the data we have so as to be impossible to be associated to you or any other person, to perform statistical and other analysis on information we collect (technical and metadata) to analyze and measure user behavior and trends, to understand how people use our services, in order to improve and optimize our performance of such services.

3.3. To which extent do we require to have access to your personal data?

We need to process your personal data to perform the legal and contractual obligations mentioned in section 3.2 above. Otherwise, we are not able to provide you with the Services and/or access to the Site. On the other hand, for data processing which depends on your consent or on our legitimate interests, the data processing is not legally required.

3.4. Which companies will have access to your personal information?

We share your information with our service providers who help us to provide the Services to you, in which case those third parties are required to comply with our internal standards, policies, and technical and organizational measures that ensure that your data is protected and kept confidential at all times, and only in accordance with and to the extent authorized by this Privacy Policy.

When you authorize us to do so, we may also share your data with other companies so that they can process the data for other purposes, as explained more in detail when we request your prior consent. In addition, if you provide consent for the installation of cookies, your data may be processed by third companies for the purposes and in the territories mentioned in the Cookie Policy.

We may also share your information with competent courts and authorities, when we are legally required to do so (for instance, to allow such bodies to investigate, prevent, or take action against illegal activities), or we have to take action to protect our rights or any third party rights.

Finally, please note that you may opt for creating a Stories in which the results are displayed not in an aggregated manner but by providing the particular answers provided by respondents. In those cases, if you opt to create a Stories having this functionality, the results will be shared with those third parties you opt to share them with. Please bear in mind that, depending on what you intend to do with your data, you may be required to inform or comply with further legal requirements vis-à-vis respondents.

3.5. In which territories may your personal information be processed?

Your information (not third parties' information collected through Stories, which is subject to section 4.10 below) may be transferred, processed, and stored in countries that do not have data protection laws as protective as those in your jurisdiction. Your agreement to the terms of this Privacy Policy, followed by your submission of information in connection with the Service, represents your agreement to this international transfer of personal data.

3.6. Your rights

You have the right to withdraw your consent at any time. You also have the right to request access to, and rectification of, or erasure of your personal data, or restriction of processing, or to object to processing, as well as the right to data portability. Please note that if you choose to cancel your data, your account will be deleted and all data in your account will be permanently deleted from our systems.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:
Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information{"'"}s deletion may likely render impossible or seriously impair the research{"'"}s achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request{"'"}s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.



3.7. Updating your information. Emails and commercial communications.

You can update any information we may have from you by means of the account settings area or by sending us a written communication as described in section 3.6 above. Please remember that it is your duty to keep information updated so we can correctly provide you with the Services, and you undertake to verify the information you have handed us from time to time to make sure that it is accurate.

As explained in section 3.6 above, you are endivd to ask us, now or at any moment, not to send you any kind of emails or commercial communications. To that extent, you can either change the communication preferences in your account settings page or contact us as described in section 3.6 above. Note that this will not prevent the sending of emails or other communications related to the Services, as those communications are necessary to perform the relationship we have with you.

4. How is the data we collect on your behalf being processed?


4.1. In order to provide you with the Services, we may need to process on your behalf third parties' personal data. This is the case, for instance, when a person fills out a Stories (the forms we made available to you in the Services), in which case the data is collected, stored, and processed on your behalf.

4.2. We will only process any personal data we may have access to as a result of the provision of the Services in accordance with the instructions included in the Service Terms and Conditions and any other that you may provide us from time to time in writing. Should we have reasonable grounds to believe that any of your documented instructions infringes European data protection laws, we will inform you punctually, so that you can confirm in writing that instruction. Please, note that in case of any such reconfirmation, you shall bear any consequences arising out of that instruction being contrary to law, and you shall defend, indemnify, and hold us harmless of any and all costs (including attorney's fees), fines, or sanctions, or any damages deriving from our performance of the challenged instruction.

4.3. We will ensure that all employees authorized to process personal data have committed to confidentiality or are under an appropriate statutory obligation of confidentiality.

4.4. To provide you with the Services, we may need to use some service providers we already rely on, as well as hire new ones in the future. Those companies will only process the data to the extent necessary to render the Services, and we will enter into written agreements with them to make sure that said companies comply with the obligations included in this section 4 and implement all necessary security measures to ensure adequate protection of the data.


In the event that we want to change any of those service providers by another, or that we need to hire new companies, you will have the right to reasonably oppose to such changes or new appointments in the non-extendable term of 15 calendar days. 'Reasonably oppose' shall be interpreted as any challenge based on the failure to meet the legal requirements set forth by the European data protection laws by the new entity to be hired. In any event, we reserve the right to terminate the relationship with you should we cannot hire a subprocessor which is essential or needed for providing the service.

The Company shall enter into written agreements with any subprocessors engaged in the provision of the Services including the safeguards and guarantees required by the General Data Protection Regulation (EU Regulation no. 679\\2016, the "GDPR"), particularly in respect of implementing the security measures required in the GDPR. For those subprocessors not part of the Privacy Shield scheme or located in a country considered by European authorities as having the same level of protection than European data protection laws, you agree to comply with the requirements set forth in 4.10 below.

4.5. At your request and expense, we shall assist you by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of your obligation to respond to requests for exercising the data subject{"'"}s rights laid down in Chapter III of the GDPR, if applicable. For avoidance of doubt, we shall convey you any request data subjects may address directly to us together with all relevant information, if any, so that you can contact and answer to data subjects, but we shall not take care of responding data subjects.

4.6. We will implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk. At your request and expense and taking into account the nature of processing and the information available to us, we shall reasonably assist you in compliance with the security obligations set forth by Article 32 of the GDPR.

4.7. We will also provide, at your request and expense and subject to the nature of processing and information available to us, assistance in complying with obligations set forth in Articles 33 to 36 of the GDPR, if applicable.

With respect to data breaches, we will notify you without undue delay upon we confirm that a data breach affecting personal data has taken place. We will provide you with sufficient information to allow you to meet any obligations to report or inform competent authorities or data subjects. We will reasonably cooperate with you and take such reasonable commercial steps as are directed by you to assist in the investigation, mitigation, and remediation of each such data breach. For avoidance of doubt, you shall be responsible for both filing any reports required under applicable law and notifying data subjects, and you shall defend, indemnify and hold us harmless of any and all costs (including attorney's fees), fines, or sanctions, or any damages that lack of action on your side may cause.

4.8. Upon termination of the Service Terms and Conditions, we shall delete personal data, unless otherwise required by law.

4.9. We will make available to you all information necessary to demonstrate compliance with the obligations laid down in this Section 4 and allow for and contribute to audits, including inspections, conducted by you or another auditor mandated by you who is not any of our competitors. You accept that you may only conduct up to one (1) audit per year, except if there are reasonable grounds to believe that we are not performing the obligations included in this section 4. Audits shall only be carried out during normal business hours, and you shall bear all costs except that we are found to be in a material breach of this section 4.

4.10. For the provision of the Services or because you want to process data from a given location or hand it to another company, data may be transferred outside the European Economic Area to an entity not part of the Privacy Shield scheme or to a country which has not been declared to offer a level of protection equal to the one provided by European data protection regulations.

In those cases, you shall ensure that said transfer is possible in accordance with European data protection regulations or any other requirements set forth by law without having to sign Standard Contractual Clauses. Should this not be possible—and only to this extent—and with respect to any subprocessors hired by us, you (as 'data exporter') and we (as 'data importer') hereby agree to enter into the Standard Contractual Clauses in respect of any such transfers of data. You fully agree with the contents of the Standard Contractual Clauses (available here) and—given that the contractual relationship set forth in the Service Terms and Conditions cannot exist without international transfers of data—you further warrant and represent that you will not question the execution of Standard Contractual Clauses in the future, being their signature a mere act evidencing their agreement to the same as set forth herein.

5. Cookies

A cookie is a file that can be recorded on the hard drive of Your terminals when You access to the Services. We may deposit cookies on Your terminals to collect information in order to improve the Services.

You must accept the deposit of cookies on Your terminal using the strip provided for this when You access to the Services.

We do not keep tracking cookies or cookies containing IP addresses for more than thirteen (13) months after their initial deposit on Your terminal(s).

You may at any time delete cookies from Your browser and set it up to block their storage on Your terminals. Once invites You to refer to the help file of Your browser software to establish the appropriate set-up. Rejecting the use of cookies may prevent optimal use of the Services.

Traffic data are generated when Your terminal is connected to the internet and to the Services.

These data may be used for improving Our Service. We never use personal names in traffic data analyses.

6. Children's privacy

Our Services are intended for a general audience and not directed to Users under thirteen (13) years of age ("Children"). We do not intend to collect personal information as defined by the U.S. Children's Privacy Protection Act ("COPPA") in a manner that is not permitted by COPPA. If You are a parent or guardian and believe We have, please contact Us here and We will remove such data to the extent required by COPPA.

For more information on COPPA, click here or visit www.FTC.gov and look for parental guidance on child online safety and privacy.

7. Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.



8. How to contact us


Please contact Us at support@once.app


9. Changes to the privacy policy


We may amend this Privacy Policy from time to time. You may be required to accept the amended Privacy Policy upon logging in to your Once Account in order to keep using the Service. Alternatively, we may post any non-material changes to this Privacy Policy on the Site with a notice advising of the changes in advance of the effective date of the changes. We may also notify you of material changes to this Privacy Policy, before the effective date of the changes, by sending an email or otherwise. If you do not agree to any non-substantial change to this Privacy Policy, you may terminate the Service Terms and Conditions.