Personal data protection policy Experts Program

You should pay particular attention to how your personal data is obtained, used and shared.

Also, this Personal Data Protection Policy (hereinafter the “Policy”) has been written to enable you to become aware of the practices and conditions under whichPrestaShop S.A – Limited Company registered in the Paris Trade and Companies Register under number 497 916 635 and whose offices are located at 82 Av. du Maine, 75014 Paris, collects and processes your Data as part of your application and/or registration for the Experts Program.

Given the constant evolution of laws and regulations regarding technology and tableData protection, the Policy may be regularly updated. If you are a Candidate or Member of the Experts Program (hereinafter the “Concerned person”) made accessible by PrestaShop Account, we invite you to regularly consult this page. In addition, you will be informed of substantial modifications by email. Substantial modifications are considered to be modifications relating to the main characteristics of the processing of personal data (addition of new purposes, etc.).

If one of the clauses of the Policy should be declared void or contrary to the regulations, it will be deemed unwritten but will not result in the nullity of the other clauses of the Policy.

The purpose of the Policy is to inform Data Subjects about the Data processing that we implement, about how we use this Data, share it and protect it, and about the rights you have over the Data concerning you.

We thank you for reading the Policy carefully in order to clearly understand our practices regarding the processing of your Data and inform you that the consultation and use of our Services are subject to this Policy.

If you do not agree with this Policy, we invite you not to submit your application to the Experts Program.

It is your responsibility to ensure that the Data communicated to PrestaShop is complete and up to date.

1. DEFINITIONS

The person concerned is informed that the following terms or expressions will have, whenever they begin with a capital letter in the body of the Policy (including its appearances and its preamble), whether they are used in the singular or plural, in the masculine or in the feminine, the meaning attributed to them below:

“CGU” designates the General Conditions of the Experts Program.
“Data” or “Personal Data” means any information relating to an identified or identifiable natural person within the meaning of Article 4.1 GDPR.
“PrestaShop (and/or) the Company” means the company PrestaShop S.A – Société Anonyme registered in the Paris Trade and Companies Register under number 497 916 635 and whose offices are located at 82 Av. du Maine, 75014 Paris
“Data controller” means the natural or legal person, public authority, service or other body which, alone or jointly with others, determines the purposes and means of the processing as defined in Article 4.7 of the GDPR .
“GDPR” means the General Data Protection Regulation 2016/679 dated April 27, 2016.
“Processor” means the natural or legal person, public authority, service or other body which processes personal data on behalf of the Data Controller as defined in Article 4.8 of the GDPR.
“Concerned Person” means the Candidate or, if their application is validated, the Member of the Expert Program whose Data is processed.

Terms starting with a capital letter and which are not defined above have the meaning given to them in the T&Cs.

2. PURPOSES & LEGAL BASES

PrestaShop may collect your Data for the following purposes:

Purposes	Legal bases	Details
Managing your application for the Experts Program	Contractual commitment	CGU
Managing your registration for the Experts Program (provision of the Experts Portal, support, etc.)	Contractual commitment	CGU
Management of subscriptions to the Certification and visibility plan	Contractual commitment	CGU
Communicate with you (management of requests for information and comments, responding to your contact requests, advising you, communicating modifications and updates, alerting you in the event of security incidents, etc.)	Legitimate interest	We consider that we have a legitimate interest in responding to questions or consultations that you have raised via the various contact channels
Marketing (Commercial prospecting, newsletters, etc.)	Legitimate interest	In accordance with the CNIL’s recommendations regarding B2B commercial prospecting, you are likely to receive commercial communications
Meet our legal requirements	Legal obligation	Respond to requests from authorities, comply with laws  and regulations, Respond to requests to exercise rights mentioned in article 7 of this Policy
Ensuring the security of our services (Fraud detection and prevention, information system security, etc.)	Legitimate interest	We consider that we have a legitimate interest in ensuring the security of our services
Management of our contractual relationships with our Official Partners	Contractual commitment	T&Cs and partnership contract concluded between PrestaShop and our official partners
Litigation management	Contractual commitment	CGU
Invoice management (In case of subscription to a subscription as presented in the Experts Portal, royalties, etc.)	Contractual commitment	CGU

3. WHO PROCESS YOUR DATA?

3.1. Processing of your Data by PrestaShop employees and our Mother Company

Your Data may be processed by PrestaShop employees and our Mother Company.

All employees of PrestaShop and our parent company who have access to your Data are required to respect the confidentiality of this information and to comply strictly with current data protection regulations.

We ensure that only those persons who need the data to perform their duties have access to it, and we implement all the technical and organizational measures necessary to guarantee the security of your data.

Your Data may be transmitted to any buyer or other successor in the event of a merger, assignment, restructuring, reorganization, dissolution or other sale or transfer of part or all of the assets of PrestaShop due to uncertainties or bankruptcy, liquidation or other processes in which the Data of the Data Subjects of the various PrestaShop sites are among the assets transferred.

3.2 Processing of your Data by our official partners

In addition, when you join the Experts Program, your Data (such as the name of the Agency, the city, the URL, etc.) may be communicated to our official partners in order (i) to enable us to monitor the management of the partnership concluded with PrestaShop, and (ii) to enable them to offer you personalized commercial offers unless you object.

These partners are bound by contractual obligations to respect the confidentiality of your Data and to use it solely for the purposes for which we have disclosed it to them.

3.3. Processing of your Data relating to the PrestaShop Academy Platform

To find out more about the Processing of your Data as part of your access to the PrestaShop Academy Platform, we invite you to consult our dedicated personal data protection policy.

3.4. Processing of your Data by Processors

For the purposes of our activity, and for external processing needs, your Data may be communicated to service providers.

• GOOGLE CLOUD PLATFORM (UNITED STATES) : Hosting of data relating to the provision of our services
• MPARTNER (UNITED STATES) : Editor of the Experts Portal
• HUBSPOT, INC. (UNITED STATES) : Our customer relationship management tool.

The latter are obliged, by a Data processing agreement, to respect the confidentiality of the Data and to use it only for the purposes for which we transmit it to them. In addition, transfers of Data outside the European Union are subject to the signing of Standard Contractual Clauses with them.

4. LEGAL DISCLOSURE

We may also disclose your Data:

• to comply with any legal mandate, law or legal process, including governmental and regulatory requests;
• if we believe that disclosure is necessary or appropriate to protect the rights, property or safety of PrestaShop, its customers or other stakeholders. Such disclosure includes exchanging information with other companies and organizations for the purposes of protection against fraud and counterfeiting.

5. CONSERVATION

PrestaShop only keeps your Data for the necessary period. This retention period is not the same depending on the Data in question, the nature and purpose of the collection being likely to cause this duration to vary. Likewise, certain legal obligations impose a specific retention period.

When you contact PrestaShop using the various contact forms or telephone numbers, your Data will be kept for three (3) years from the last exchange with PrestaShop and then will be deleted.

Data relating to telephone recordings for service improvement and training purposes is retained for one (1) year from the recording.

When you exercise your rights mentioned in article 7 of this Policy, your Data will be kept for a period of five (5) years then deleted.

Candidate Data is kept for a period of three (3) years from submission of the application and then deleted.

Member Data will be retained throughout their participation in the Expert Program. In the event of suspension or termination, Member Data will be retained for a period of three (3) following the end of their participation in the Experts Program.

Finally, we keep some of your Data for longer if necessary, for legitimate business purposes or if the law requires us to do so (whether for security purposes, financial data archiving, or fraud prevention and abuses).

When you delete or request the deletion of your Data, we ensure the effectiveness of this deletion or their conservation in anonymized form.

6. PROTECTION

Your Data is stored on secure servers and protected by firewalls and antiviruses.

We have implemented technical and organizational measures intended to guarantee the security and confidentiality of your Data against any accidental loss and against any unauthorized access, use, modification and disclosure.

Given the particularities inherent to the Internet, it is however impossible for us to guarantee optimal security of the exchange of information on this network.

We strive to protect your Data, but we cannot guarantee the absolute security of the information transmitted. You agree that you transmit your Data at your own risk.

We cannot be held responsible for non-compliance with privacy settings or security measures in place.

As such, you agree that the security of your information is also your responsibility. For example, it is your responsibility to keep secret the password allowing you to access your account.

7. RIGHTS

In accordance with the provisions of the applicable Data protection regulations, in particular European Regulation 2016/679 on Data protection, you have a right of access and a right of rectification to your Data.

You also have the right to define guidelines relating to the fate of your Data in the event of death.

In addition, subject to the conditions provided for by the GDPR for the exercise of these rights, you benefit from:

• A right to erasure of your Data;
• A right to limit the processing of your Data;
• A right to object to the processing of your Data for legitimate reasons, in accordance with the article 21 of the GDPR ;
• A right to portability of the Data you have provided;

When the processing of your Data is carried out on the basis of your consent, you can withdraw it at any time. You acknowledge, however, that processing carried out before the revocation of your consent remains perfectly valid.

However, in accordance with article 12.6 of the GDPR, for the exercise of these rights, PrestaShop, as Data Controller, reserves the right to ask you to prove your identity. We inform you that the Data used to prove your identity will be deleted once we have responded to your request.

You can exercise these rights by sending an email in French, English or Spanish to [email protected] or to the following address:

PrestaShop S.A Legal Department
82 Av. du Maine, 75014 Paris

We have one month to respond to any request relating to the exercise of your rights. This deadline may be extended by two months due to complexity or too many requests.

Finally, you have the right to lodge a complaint with the Commission Nationale de l’Informatique et des Libertés (CNIL), in particular on its website.www.cnil.fr.

8. TRANSFERS

In accordance with article 3 above, Data may be transmitted to our Partners and/or Processors located outside the European Union. In this case, PrestaShop makes every effort to ensure the security of Data passing outside the European Union.