This Personal Data Charter indicates the compulsory legal information for the Users of the TestECar Service regarding the protection of their personal data.
The Charter is drawn up pursuant to the General Data Protection Regulation of 14th April 2016, the so-called “GDPR”, the French “IT and Freedom” Act no. 78-17 of 6th January 1978 amended, and the “trust in the digital economy” Act no. 2004-575 of 21st June 2004.
ARTICLE -2- Definitions
“Agent”: refers to the private individual employee of DISRUPTDEAL who answers the User on the Social Media or via chat; or who calls the User by telephone when requested by the latter.
“Personal Data”: refers to any information related to an identified or identifiable private individual as specified in article 4 of the GDPR.
“Project”: refers to a User’s unique motor vehicle purchase or rental project, of a good or service. A User may have several purchase or rental Projects of a motor vehicle good or service.
“Social Media”: refers to Facebook, Instagram social media, and the instant messaging systems Messenger, and Direct.
“Service”: TestECar is a service for assisting with defining the User’s Project then putting the Users into contact with a Professional Seller, for the purpose of their Project. The Service is accessible from the Social Media.
“Chat” and “Chat Bubble”: refers to the instant messaging present on the Social Media, and also the exchange of messages between the User and the Agent via this instant messaging system.
“Processing”: any operation or set of operations performed or not using automated processes and applied to the Data collected by the Data Controller.
“User”: refers to any private individual who asks to benefit from the Service by confirming a form or sending a question on the Chat (Messenger / Direct).
The User acting for professional or non-professional purposes is the only person authorised to benefit from the Services. The User may not be a legal entity.
“Professional Seller”: refers to any professional partner seller of TestECar, offering motor vehicle products.
ARTICLE -3- COLLECTING DATA AND CONSENT
3.0 The Data are collected via the Social Media, during conversations via the Chat, the Social Media, and the forms provided on the Website and/or the Social Media; then during telephone conversations with the Agent.
3.1 The User declares that he/she has the ability and the necessary authorisations to give his/her consent.
The User also declares that he/she agrees to the processing of all of his/her data in relation to the purposes defined below.
By clicking on the digital function for this purpose, or by ticking the special box on the form available on the Social Media, the User declares that he/she accepts this Personal Data Charter, unreservedly and unrestrictedly.
The User gives his/her consent for the collection of his/her data communicated in the forms completed on the Social Media, during the telephone conversation with the Agent, by Messenger, by Direct, and via cookies installed by the Social Media.
3.2 In the event that he/she agrees to complete and send a contact form, the User agrees to enter into telephone communications with the Agent. The User is then called using the telephone details provided by the latter. In certain cases, he/she is redirected to the internal messaging system of the Social Media on which he/she is browsing.
3.3 When a User clicks on the advertisement proposed from an insert available on a Social Media to which he/she is connected, he/she is redirected to a contact form in order to be able to be called. 3.2 In the event that he/she agrees to complete and send a contact form, the User agrees to enter into telephone communications with the Agent. The User is then called using the telephone details provided by the latter. In certain cases, he/she is redirected to the internal messaging system of the Social Media on which he/she is browsing.
The User also declares that he/she accepts the Personal Data Charter of the Social Media to which he/she is connected, unreservedly: https://en.facebook.com/privacy/explanation/.
3.4 The User may amend the consent at any time by sending an email to email@example.com.
He/she may choose to refuse this Personal Data Charter, in which case it will not be possible for him/her to access the Services offered by TestECar.
ARTICLE -4- PROCESSING AND PERSONAL DATA
4.1 Legal processing bases
The legal basis of Processing is the User’s Consent. In certain cases, the Processing is required for performing precontractual measures.
4.2. Processing Purposes
The main purpose of Processing the Data consists in a business development operation on behalf of the Professional Sellers.
The following Processing operations are performed:
- Creation of a personalised profile regarding the User and his/her Project;
- Transfer of Data to Professional Sellers;
- Business development operations such as sending targeted publicity;
- Drawing up anonymous commercial statistics;
- Training and improving Agents.
4.3 Categories of processed data
The Personal Data collected in the contact form or from the Chat are the User’s surname and first name, telephone number, and email address.
The Data collected later are the socio-economic Data related to the User’s Project. This includes his/her income and lifestyle habits. The telephone conversations may be recorded, the User’s voice will therefore be collected at this time.
More precisely, the Data Controller is required to collect various Personal Data in relation to the purposes indicated, such as: Data related to the identification of the User (details: title, surname, first names, age, postcode, income, photographs in relation to the project, etc.); Data related to the User’s personal life (User’s needs, period for completing the project, lifestyle and habits of the User, family situation, etc.); economic and financial Data (professional situation, income, financial situation); contact-related Data (postal and email address, telephone number); Data related to performing services; connection data; and the voice.
ARTICLE -5- USE AND CONSERVATION OF PERSONAL DATA
5.1 Transfer of Data to Professional Sellers
In order to achieve the purpose, the Data Controller will transfer the User’s Personal Data to the Professional Seller(s) duly validated by the latter.
In order to achieve the purpose, the User may be contacted by telephone or by email in order to set up the Project. He/she may also later receive commercial proposals from the Professional Sellers.
The Data Controller and its partners set up strict measures for ensuring confidentiality and protection of these Data.
The Personal Data are communicated exclusively for completing the purpose for which they are collected, in accordance with this Personal Data Charter.
Once the Personal Data have been transferred to the Professional Sellers, TestECar is no longer responsible for the safety of the processing of the Data.
5.2. Data Processors
For the correct performance of the Services, the Data Controller may be required, in relation to its activities, to transfer the Personal Data in a secure way to data processors, to ensure the completion of the tasks required for performing the agreement, such as managing the commercial relations, the safe conservation of the Data, the website host, etc.
In accordance with the regulations in force, the Personal Data may be transferred to the relevant authorities upon request.
The service providers may be located outside of the European Union if they prove that they respect the obligations imposed by the GDPR.
5.3 Storage and security of data
The data controller sets up physical, logical, technical and organisational security measures in order to protect the Users’ personal data, in particular through archiving, the implementation of software protection measures and the encrypting of personal data, with a view to ensuring the confidentiality, integrity and conservation of the data and avoiding all unauthorised access.
The data controller undertakes, in the event of violation of the data system, to notify this, as soon as it becomes aware of it, to the relevant authorities.
In the event of a violation of personal data, the data controller will notify the User by email as soon as possible of the necessary information in accordance with article 33 of the GDPR.
5.4 Conservation period
As regards the personal data governed by the General Data Protection Regulation, the conservation period by default is three (3) years.
When the data collected is no longer required for performing the services offered, the data controller undertakes to keep the information subject to a legal archiving obligation and the information for which the User has given his/her consent to keep it or to delete the collected data.
ARTICLE -6- VALUES OF TestECar
The Users are informed that the Professional Sellers have undertaken to respect the Values of TestECar:
- Refusal of commercial contacts that have not been specifically requested by the User;
- No obligation to provide personal information in order to obtain a fee quote;
- No storage of personal information without authorisation to do so,
- If these data are stored, they will not be sold on, and should only be used for the purpose of the purchase operation in progress;
- The conservation period of the User’s information must be as short as possible.
ARTICLE -7- POLICY IN TERMS OF COOKIES
7.1 “Cookies” are files containing small quantities of information that are stored when displaying Social Media on a device such as a computer, tablet, mobile telephone or any appliance enabling a User to consult the internet through a browser.
7.2 The Social Media implements cookies either directly or via subcontractors.
The User is informed that TestECar may receive information stored in the Cookies collected by the Social Media about him/her.
The data controller has no control over the process used by the Social Media for collecting information about the User’s browsing habits on their pages.
The data controller declines all responsibility in this respect, as it does not receive the data processed by the Social Media, with the exception of certain cookies, and does not have any control over the collection and processing of the personal data.
For more information, please consult the Personal Data Policy of each Social Media:
- Facebook: https://en-en.facebook.com/policies/cookies/
- Instagram: https://help.instagram.com/1896641480634370?ref=ig
ARTICLE -8- USER’S RIGHTS TO ACCESS, RECTIFICATION AND OBJECTION
8.1 The User has a right to access, rectify, erase, object to, limit and request the portability of the Data collected from the Website.
The User may withdraw his/her consent at any time, and request that his/her data be erased. This erasure will only be effective for TestECar.
The User has the right to withdraw his/her consent to processing his/her Data for which he/she has consented. He/she also has the right to make a claim to the CNIL.
In order to no longer receive offers or requests from the Professional Sellers, the User should contact them directly, via the digital functions made available by the Professional Sellers.
8.2 The TestECar Service is provided by the company DISRUPTDEAL, which is the data controller of the Personal Data, hereafter “Data Controller”.
In the event of a claim, the User must send an email including a request with grounds, his/her full identity, and the right that he/she wants to use, to the TestECar – DISRUPTDEAL Data Controller,
- Using the following email address: firstname.lastname@example.org .
- Or the following postal address: 26 rue Michel Boher, 66600 RIVESALTES, France.
Any request to use rights, and in particular the right to access, will be processed within the legal period in force (one (1) month).
If the User provides an incorrect or disabled email address, the liability of TestECar – DISRUPTDEAL will not be incurred. If the use of the right of access is abusive or requires disproportionate efforts, the reply to this request may require a payment from the data subject corresponding to the costs incurred.
ARTICLE -9- DATA PROTECTION OFFICER
The data controller appointed a Data Protection Officer or DPO in charge of monitoring and managing the data and unique contact person for its Users, Cnil DPO 99917, on 14th June 2021: LEGAPOLE AVOCAT CABINET PANTZ.
For any question related to this Personal Data Charter or any request related to your personal data, the User may contact us by sending an email to our Data Protection Officer at the following address: email@example.com.
ARTICLE -10- FREEDOM OF EXPRESSION AND CONFIDENTIALITY
10.1 Responsibility of TestECar – DISRUPTDEAL
Exchanges that take place via the Chat or a telephone conversation between the User and the Agent are private and confidential.
TestECar – DISRUPTDEAL undertakes to respect the confidentiality of all information of which it may have knowledge due to the use of the form made available on the Social Media, the chat on the instant messaging service of the Social Media or during a telephone conversation further to sending the form.
10.2 User’s Responsibility
The User remains responsible for the remarks made by him/her in relation to exchanges with the Agent in the chat and/or during the telephone conversation. The User undertakes not to make remarks that are contrary to the Law, common decency, courtesy. The User is informed that a moderation may be implemented a posteriori, and his/her responsibility may be incurred in the event of infringement of this clause.
TestECar – DISRUPTDEAL performs an a posteriori and non-systematic moderation of all of the conversations in the instant messaging system of the Social Media and/or telephone conversations: between the User and the Agent.
The moderation consists in the deletion of all or part of a message considered as not complying with this Charter.
The following elements are subject in particular to moderation:
- Any publicity or promotional link to one or several external websites is not authorised. Publicity or promotions contained in a contribution are prohibited;
- Racist, xenophobic, revisionist, holocaust denial contributions;
- Insulting, libellous, discriminating remarks to a person or group of persons, due to their origin, true or supposed membership or lack of membership of an ethnic group, nation or religion;
- Due to their gender, sexual orientation or their disability;
- Insulting, libellous, discriminatory remarks causing damage to personal life, image rights, or the reputation and rights of others. And more generally, any infringement of intellectual property rights (in particular in terms of music, video, animation, games, software, databases, images, sounds and texts), any other property right belonging to a third party or any business secret belonging to one of these third parties;
- Remarks that undermine human dignity;
- Stirring up violence, suicide, terrorism and the use, manufacture or distribution of illegal or unlawful substances;
- Provocation, praise or encouragement to commit crimes or offences and more particularly crimes against humanity;
- Fake news.
This list may be completed.
The data controller is authorised to delete all or part of any contribution from the instant messaging system on its own initiative or further to a notification, in particular to respect third parties, the GTU and the Law. The data controller does not have to give grounds for this decision.
ARTICLE -11- DISPUTE
This agreement is subject to French law and is drafted in French. In the event of any dispute, the French courts will have exclusive jurisdiction.
In accordance with the regulations applicable, in the event of failure of any out-of-court attempt regarding the personal data that TestECar – DISRUPTDEAL collects and processes about its Users, the authority with jurisdiction for asserting rights is the Commission nationale de l’informatique et des libertés – CNIL (French Data Protection Agency) in France. For more information, the User may consult the following website: www.cnil.fr.
This Personal Data Charter may be amended at any time by TestECar – DISRUPTDEAL, in particular in order to comply with any legislative developments.