Accueil Privacy Policy – MyFit Solutions

Updated on June 28^th 2023

please read these privacy policy before using any myfit solutions’ website, software or mobile application (herein after together referred to as “the Application”). 

this privacy policy sets forth the terms and conditions of the processing of your personal data while using the Application.
for the purposes of the Application, the company Myned Corporation (i.e. Myfit Solutions) collects, records, organises, structures, uses and stores your personal data, in compliance with the GDPR (General Data Protection Regulation), regulation eu 2016/679 of the European parliament and of the council of April 27^th, 2016.

I – PERSONAL DATA PROCESSING

Article 1 – Controller of the personal data processing 

MYNED CORPORATION, French company registered under the number 837 707 769, located 5 bis, rue de la Solidarité – 69230 Saint-Genis-Laval (France) (“the Company”), is the controller of your personal data processing (“the Data Processing” or “the Processing”) related to the use of the Application, in compliance with the definition of Article 4 of GDPR.

The Processing of Your personal data (“Personal data” or “Your Personal data”) is based on the contractual relation between the Company and You, when You access the Application and accept this Privacy Policy. If You do not provide the Company with Your Personal data, You cannot have access to the Application because the Company will not be able to verify Your identity.

You are informed that the Company has not implemented an automated decision-making and does not process any profiling system for the Data Processing. 

Contact: contact@myfit-solutions.com

Personal data contact: Mr. Xavier DESHAYES

Article 2 – Purposes of the Data Processing

The Company collects, stores and processes Your Personal data for its own commercial purposes.

Purposes of the Data Processing are the following:

• – use and management of the Application;
• – tests of the Company’s software solutions;
• – research and development

Categories of data subjects: users of the Application. 

Categories of Personal data processed: 

• – first name;
• – last name;
• – electronic address;
• – post address;
• – phone number;
• – photographs of parts or whole of your face – not processed through a specific biometric technical means allowing the unique identification or authentication of a natural person;
• – bank account information;
• – identification codes and log-in.

Article 3 – Recipients, processors and transfers of Personal data inside and outside EU

Processors and recipients

The data is hosted by:

Amazon Web Services LLC

P.O. Box 81226

Seattle, WA 98108-1226

http://aws.amazon.com 

Data protection policy:

https://d1.awsstatic.com/legal/privacypolicy/13677831_1_DEMATTERS(AWS_Privacy_Notice_Update-FRENCH).pdf

Personal data may be shared with third-party companies in the following cases:

• – when You use payment services, for the implementation of these services, the Application is in contact with third-party banking and financial companies with which it has entered into contracts;
• – if required by law, the Company may transmit data to respond to claims against the Company and comply with administrative and judicial procedures;
• – if the Company is involved in a merger, acquisition, asset transfer or judicial recovery procedure, it may be required to assign or share all or part of its assets, including personal data. In this case, You will be informed before the personal data are transferred to a third party. 

Transfer of Personal data inside / outside EU

The Company does not transfer Your Personal data to any third party, except the processors and recipients listed hereabove.

The Company does not transfer Your Personal data to any third party outside the EU. 

You will be notified of any change of this provision so as to allow You to object this transfer and to ask for erasure of Your Personal data in the conditions described in Article 7.

Article 4 – Technical and organisational protection measures 

The Company is fully aware of the importance of the implementation of technical and organisational protection measures for the Data Processing. 

Therefore, any person who has access to the Processing has committed to strictly respect its confidentiality. The access is nominative and controlled by access codes. 

You can access Your Personal data and Your account directly by fulfilling Your identification codes and log-in. They have to be personal and confidential.

This authentication process guarantees a traceability and a restricted access, complying with security and confidentiality rules and applicable legislation. 

You commit to take all necessary measures to ensure strict confidentiality for Your identification codes and log-in use and You warrant to not communicate, assign nor make available to a third party You identification codes and log-in. The Company cannot be held responsible for any misuse of Your identification codes and log-in resulting from a negligence or error from Your side.

Article 5 – Storage period 

Your Personal data processed by the Company are stored for the whole duration of Your use of the Application and/or the duration of Your account. 

Nevertheless, You are informed that the Company may store Your Personal data beyond the aforementioned period if it appears to be necessary for the Company to establish proof or to exercise or defend its rights or in case of suspicion or risk of a dispute or on official request from a public, administrative, judicial or state entity.

In case of absence of use or movement of Your account for more than 1 year, Your Personal data will automatically be erased (including photographs of parts or whole of your face).

Article 6 – Rights of data subjects  

The rights described in this Article can be exercised in writing to the Company to the following addresses: 

Post address: MYNED CORPORATION

5 bis, rue de la Solidarité – 69230 Saint-Genis-Laval (France)

Electronic address: contact@myfit-solutions.com

You have the right to withdraw Your consent to the processing of Your Personal data. However, You are informed that the withdrawal of Your consent shall end Your use of the Application. 

You have the right to obtain from the Company the confirmation as to whether or not and what Personal data of Yours are being processed. 

You have the right to obtain from the Company the rectification of Your Personal data if they are inaccurate or incomplete. 

You have the right to obtain from the Company to erase Your Personal data where one of the following applies: (i) they are no longer necessary for the processing in relation to its purposes; or (ii) when You have withdrawn Your consent for the Processing and there is no legal grounds for the Processing; or (iii) when You have exercised Your right to object and there is no overriding legitimate grounds for the Processing; or (iv) when Your Personal data have been unlawfully processed; or (v) Your Personal data must be erased due to legal obligations of the Company.  The Company may however store Your Personal data if it has to comply with a legal obligation or in case it appears necessary to establish proof or to exercise or defend its rights.

You have the right to obtain from the Company restriction of Your Personal data processing.

You have the right to object to Your Personal data processing, on grounds relating to Your particular situation. The Company shall no longer processes Your Personal data unless the Company demonstrates compelling legitimate grounds for the processing which override Your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

You have the right to object to marketing purposes of the Data Processing. 

You have the right to ask the Company to transfer Your Personal data processing to another company. 

For the exercise of these rights, Company may ask You, if necessary, for justifications and/or identity documents.

Article 7 – Supervisory authority  

You can address any claim or lodge a complaint regarding the Processing of Your Personal data with the supervisory authority of France: CNIL (Commission Nationale Information et Libertés).

II – ANONYMOUS DATA PROCESSING

You are informed that the Company will anonymise the photographs of parts or whole of your face (not processed through a specific biometric technical means allowing the unique identification or authentication of a natural person) or other body parts (arms, legs, etc.), in particular by 3D modelling, so as they are no longer personal data (“the Anonymous data”). Here is the information regarding this Anonymous data processing, performed in compliance with the Regulation (EU) 2018/1807 of the European Parliament and of the Council of 14 November 2018 on a framework for the free flow of non-personal data in the European Union. 

• – Anonymity: the Anonymous data can only be used by the Company anonymously, i.e. it cannot identify directly or indirectly any natural person.

• – Purposes of the Anonymous data processing: such data will be used for: 

• – Software analysis for monitoring and improving the technology and services;
• data analysis;
• research and development;
• management of the operation and optimization of the Application; 
• marketing and commercial purposes.

• – Method of processing: 3D scans are performed by using Your mobile front or back cameras to collect pictures (body part data, etc.). 

• – Storage: the scans are either saved locally on Your device, either collected by our Application in order to provide the Company’s services. In any case, it the Company stores Anonymous data securely in a different secured environment than the Personal data processing.

Application Data: Company also may ask You to provide access or permission to certain features from Your mobile device, including Your mobile device’s camera and other features. You can always change in Your device’s settings such access or permissions.

Cookies

Article 1 – Definitions

Cookies are information placed in Your terminal equipment by the Application server. They are used by the Company to send information to Your browser and allow it to send information back to the Application (for example: a session identifier or the choice of a language).

Only the issuer of a cookie can read or modify the information it contains.

There are different types of cookies:

• – session cookies which disappear as soon as you leave the Application;
• – permanent cookies that remain on your device until the expiration of their lifetime or until you delete them using your browser features.

You are informed that, during your visits to the Application, cookies may be installed on your terminal equipment.

Article 2 – Consent

During your first visit to the Application, You are asked to accept or refuse the use of certain cookies.

If You do not want cookies to be installed or read on Your terminal equipment, an opt-out cookie will be placed on your equipment, so that the Company records the information that You have objected to the use of cookies. If You delete this opt-out cookie, it will no longer be possible to identify You as having refused the use of cookies.

Likewise, when You accept the use of cookies, a consent cookie is installed.

Consent or rejection cookies must remain on Your terminal equipment. You can change Your wishes at any time as indicated in article 5.

In the context of the use of cookies as described in this document, the Company may process personal data concerning You, as the controller. You can consult the Data Protection Policy to find out the conditions for processing your personal data.

Article 3 – Purpose of cookies 

Some of the cookies used by the Company have the sole purpose of enabling or facilitating electronic communication (detection of connection errors, identification of connection points, etc.).

Others are strictly necessary for the provision of online communication services at your express request (for example, screen display preferences).

Still others are used for the purpose of:

• – analyse the traffic and the use made of the Application, in order to be able to change it in the direction of improving the browsing experience;
• – improve the relevance of the advertisements disseminated on the Application;
• – to make the Application more user-friendly and interactive.

Article 4 – Nature of cookies 

The cookies used on the Application are:

• – Company cookies;
• – third-party cookies chosen by the Company for the purpose of achieving specific objectives.

The cookies placed by the Application’s tools are detailed in the table below:

• – cookies relating to the saving of choices in terms of cookie consent: retention period 13 months;
• – cookies relating to the user’s session ID: lifetime equal to the session duration
• – technical cookies: their purpose is to facilitate your navigation on the Application and to allow you to offer you the functions and services of the Application; service life: 12 months;
• – audience measurement cookies: they are intended to measure site traffic; the Company uses among other things the services of the external company, this is a statistical tool that allows the Company to improve its Application by taking into account the needs of Internet users; the data generated by these cookies are the use of the Application (pages visited, etc.), your IP address to determine the connection city.

To allow Your access to certain features of the Application, the Company uses services offered by third parties, such as: 

• – sharing buttons (for example LinkedIn, Google+); 
• – videos posted on its VIMEO or YOUTUBE channels. 

These features rely on third-party cookies that are directly placed by these service providers.

Article 5 – Your management of cookies 

You have several options to delete and manage cookies and other trackers. 

Browser settings 

While most browsers are set by default and accept the installation of cookies, You can choose to accept all cookies, to reject them systematically or to choose those that You accept according to their transmitter. You can also regularly delete cookies from Your terminal via Your browser. 

In such case, all browsers of Your various devices (tablets, smartphones, computers, etc.) must be configured. 

For the management of cookies and Your choices, the configuration of each browser is different. It is described in the help menu of Your browser, which will allow You to know how to modify Your preferences in terms of cookies. However, the Company draws Your attention to the fact that by setting Your browser to refuse cookies, certain features, pages and areas of the Application will not be accessible, for which the Company cannot be held responsible.

Opposition platforms 

Several platforms of advertising professionals also offer You the possibility of refusing or accepting cookies used by the companies which are members of them. These centralized mechanisms do not block the display of advertisements, but only prevent the installation of cookies to tailor the advertisements to your interests.