Privacy Policy

• INTRODUCTION
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The purpose of this Privacy Policy (afterward the «Privacy Policy») is to formalize our commitment to respecting the privacy of adult users (afterward the «User ») of the CLUSTDOC website or mobile application (afterward the « Website » and « Services » or collectively the « Site »), where our Services are sold, operated by CLUST TECHNOLOGIES, a French simplified joint-stock company with a share capital of €716.67, whose registered office is located at 101 RUE DE SEVRES, 75006 PARIS, registered in the Paris Trade and Companies Register under number 844 644 807 – contact email: contact@clustdoc.com (afterward «CLUSTDOC » or «Company »).

CLUSTDOC provides SAAS software that enables you to request, collect, display, validate, and share information, documents, files, form data, and electronic contracts from anyone. We also provide application programming interfaces (API) that allow you to create onboarding processes seamlessly integrated with your website, software, and other digital journeys.

Below, you will find information on the type of personal data we process, why we process it, what we use it for, how we may share it, and what rights you have as a data Subject.

Respect for your privacy and your data is a priority for the Company, which undertakes to process your data under the French Data Protection Act no. 78-17 of 6 January 1978, as amended, the General Data Protection Regulation (EU) 2016/679 of 27 April 2016 (afterward « GDPR ») and the related standards and recommendations issued by the Commission Nationale de l’Informatique et des Libertés (afterward « CNIL ») or the European Data Protection Committee or other competent authorities whose decisions, guidelines or standards apply on French territory or the standards of the United States and Switzerland applicable in this area (afterward «Applicable Regulations »). 

We only use your personal data for the purposes, for legal reasons and for the retention periods specified below.

The Company acts as data controller (“Data controller”) for all data collected through its Site, by any other means, or when you enter into a contractual relationship with the Company unless otherwise specified in the Privacy Policy.

If you wish to exercise any of your rights under the applicable Regulations and as mentioned in section 8 of the present Privacy Policy, you may contact the Company by one of the means provided below, specifying your identity and the precise purpose of your request (you may be asked to provide proof of your identity if we are unsure).

If you have any questions about our data processing practices summarized in the present Privacy Policy, if you encounter a problem with the confidentiality or use of your data or if you wish to exercise any of your rights, please contact us, stating your identity and the precise purpose of your request, using one of the following methods:

– By e-mail to: contact@clustdoc.com

– By post : 101 RUE DE SEVRES, 75006 PARIS

• WHAT IS PERSONAL DATA?
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Personal data is any information directly or indirectly linked to a natural person (« Data Subject »), i.e. any type of information that can be associated with an individual. This may include, for example, names, e-mail addresses, or telephone numbers if they can be associated with a particular living natural person, but also, for example, a photograph in which the person can be recognized.

No one under the age of 18 is concerned by the Services. We therefore delete all information from these minors.

• WHAT DOES «PROCESSING» OF PERSONAL DATA MEAN?
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In essence, the term « processing » covers all types of action that can be taken with personal data. The definition is very broad and includes all forms of treatment of data, from the collection, recording, retention/storage, and adaptation to the use, sharing, and even deletion of personal data.

• WHAT PERSONAL DATA DO WE PROCESS, FOR WHAT PURPOSES AND ON WHAT LEGAL BASIS?
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We process your data for the purposes described below.

We process the personal data described below for the purposes described below and to perform our contract:

• Use of the Website and Services.
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Based on a contract with us or possibly in the application of a legitimate interest, you may send us personal data when you log on to the Site or when you create an account on the Site.

The relevant personal data that we collect are surname; first name; gender; age; contact details (email, telephone); login details; and the company to which you are attached as an employee or customer.

You may also provide us with the following information: bank details; messages and documents sent in connection with the use of the Services; information on the time and date of use of the Services; or any other information you consider relevant.

In the context of the use of the Services, we remind you that when you use our Services in order to carry out one of your tasks in your day-to-day duties and that in this capacity you collect personal data from a third party using our Services, you are acting in your capacity as data Controller and we are acting in our capacity as subcontractor.

As such, a space has been made available to you so that you can transmit the information required under the Applicable Regulations to your customers.

We will process personal data based on our legitimate interests:

• Customer service. If you request customer service from us via our support channels, we will process your data to help you with the matter in question (i.e. your name, e-mail address and other contact details, our correspondence with you, technical information about the devices and operating systems used).
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• Questions and complaints. If you have contacted us with questions or complaints about our Services (not based on an agreement with you), you may have provided us with personal data such as your name, address, e-mail address, and telephone number. We use this data to answer your questions and investigate problems relating to our Services.
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• You contact us on your initiative. If you choose to contact us following our general invitation or on your initiative via one of our general e-mail addresses, you provide us with personal data which we use to reply and evaluate the content of your e-mail or if you apply for a job with us.
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• If we receive an application, we may process data such as your surname, first name, age, gender, professional experience, postal address, telephone number, e-mail address, or CV.
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• If it is necessary to protect our rights or the rights of third parties because we have a legitimate interest in establishing, exercising, and defending legal claims. This may be the case in particular to promote the security, integrity, and safety of our Services to (i) verify accounts and activity, (ii) locate breaches of our Terms of Service or applicable local regulations, (iii) investigate suspicious activity, (iv) detect unlawful behavior or (v) maintain the integrity of our Services.
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• Collection of your reviews: If you agree to leave a review on one of our products, you agree that we may use your surname, first name, the review, and the associated product to promote it on the Site.
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• – Newsletters. If you wish to receive one of our newsletters, you agree to provide us with your e-mail address.

• –  If we sell or otherwise transfer any part of our business and/or assets.

Legal requirements, claims, and the public interest:

We may need to process your data to comply with legal requirements (for example, record-keeping requirements or as part of our response to a request from you to exercise your rights) and by order of the courts or public authorities (for example, for tax purposes).

We may also be required by law or in the public interest to process personal data relating to product issues. We may also process your personal data, such as information about your bank account or your identity, in order to determine, enforce, or defend legal claims.

In addition, we may process your data based on your permission:

In this case, we will obtain your consent in advance for a specific purpose and ensure that it is provided voluntarily, specifically, knowingly, expressly, and unambiguously. You have the right to withdraw your consent at any time; you can contact our department at contact@clustdoc.com or refer to the contact details below.

Please note that the withdrawal of consent will not apply retroactively to processing that has already taken place.

• Cookies and similar technologies. If you visit the Site and accept our cookies, we may collect personal data, for example:
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• In the form of IP address information, data generated by the user from cookies (e.g. clicks, page displayed, visits to the page, time spent on the page, products displayed and clicked, orders, how you access and leave the Site, etc.), geographical location (countries only), technical data (e.g. type of device, browser settings, time zone, operating system, platform). 
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However, concerning strictly necessary cookies, our processing is necessary for our legitimate interest in being able to provide you with a functional Site when you visit and use the services provided on the Site.

5.WHO ARE THE RECIPIENTS OF PERSONAL DATA?

Only those parties who need to process personal data for the purposes set out above will have access to your data.

We may also work with partners in many countries, both within and outside the EEA, and may therefore also need to share personal data, for example with service providers and legal advisers who are not based in the EEA.

This means that your data may be transferred outside the EEA. Where possible, such transfers will be based on decisions of the European Commission regarding adequate levels of security and, where not, primarily on the performance of an agreement between us. In other cases, any transfer of your data to third countries will be dependent on adequate safeguards such as standard contractual clauses. In exceptional cases, we may also make such transfers based on your explicit consent, for important reasons of public interest, for the processing of legal claims or to protect your vital interests or those of another person.

The Company enters into data treatment of data agreements with third parties who have access to personal data or process it on our behalf, whether through their Services or in collaboration with us. We therefore ensure that the third parties we work with process data in the same lawful and secure manner as we do.

Specifically, personal data is shared with the following categories of service providers:

-Authorized staff from the Data Controller’s marketing, administrative, legal, compliance, financial, and IT departments;

-Persons responsible for internal and external control;

-Your customers who have access to some of your employees’ data in the course of their business dealings;

-External service providers, in particular for the provision of cloud services.

In particular:

-G-suite – For day-to-day management and exchanges with customers and prospects;

-Amazon web services – For hosting the Site;

-Kinsta Inc – For hosting services;

-Google Drive – To enable a connection with Google’s storage services;

-Google – For the use of Google Analytics;

-Dropbox – To enable a connection with storage services;

-Box – To enable a connection with storage services;

-OneDrive & Sharepoint – To enable a connection with storage services;

-Stripe – To enable connection with services and enable payments to be made;

-Authy – To connect to services and enable greater password management;

-Calendly – To make appointments;

-Clickmeeting – To manage and register for webinars;

-Encharge – Email management for account creation;

-Skype – For organizing calls with customers;

-Pipedrive – CRM for customer follow-up;

-SINAO – For managing quotations and invoicing;

-Intercom – For managing customer requests via tickets. 

We also share your data with other data controllers.

These Data Controllers may include authorities (Police, tax authorities, or other authorities) with whom we are required to share data by law or as a result of suspected criminal activity, payment providers and banks to facilitate transactions, external advisors (lawyers and auditors) and courts to protect our rights, companies who purchase all or part of our operations/assets, and transport companies to manage and deliver your order.

Where your personal data is shared with other Data Controllers, they will be responsible for your personal data and we refer to them for more information on how they handle your personal data.

Under no circumstances does the Company sell or rent your data to third parties for their activities.

6. HOW LONG IS PERSONAL DATA KEPT?

We retain your data for the duration of the contract and delete it when the contract ends. However, the following exceptions apply:

-As soon as you delete certain personal data from your account subject to our rights to retain it for a longer period due to our legal obligations.

-If we are required by law to retain or disclose any of your data after the end of the contract, we will retain the data for as long and to the extent required by law (for example, up to five (5) years from the end of the contractual relationship under the general statutory limitation regime) or as directed by a court or public authority.

-If necessary for the establishment, exercise, or defense of legal claims, we will retain the relevant personal data until it is no longer required for that purpose.

For the use of the Website and the Services, we will process your data for the duration of our contractual agreement (until you delete your account or until your account is deleted under our inactive account policy) and thereafter for the general statutory limitation period. We will then delete your data, provided that no other exceptions described above apply.

-Newsletter: We will keep your data for as long as you express an interest in our newsletters. You can stop receiving our news updates at any time by unsubscribing or opting out of our subscriptions in your account or by clicking at the bottom of our emails. We will stop processing your data after three (3) years from our last contact.

-Service queries and complaints: We will process personal data for three (3) years after we receive it, in order to carry out statistical analysis of queries and complaints, to investigate, monitor, control, and improve our customer service, to pay compensation and to prevent fraudulent behavior (e.g. unfounded claims).

-Collection of your opinions: We keep your opinions for five (5) years from the date of their publication.

-Visitors to the Site: We will process your data for a maximum period of 13 months following the collection of cookies on the Site, subject to your prior express consent.

-Open job applications: If you have applied spontaneously for a job with us, we will retain your data for six (6) months from the date of application to contact you if a suitable position becomes available. If you have applied for a particular position with us but have not been offered the position, we will delete your application documents as soon as we inform you that you have not been offered the position, unless otherwise agreed.

Where we process personal data on the basis of your consent, we will do so until the consent is withdrawn or for as long as is necessary for the purpose of processing the personal data, whichever is the earlier, up to a limit of three (3) years after our last contact or the end of our contractual relationship, whichever is the earlier.

Please note that the above retention periods do not apply to the extent that the Company is required to retain your data (in whole or in part) following applicable mandatory law (e.g. accounting legislation) or during the statutory limitation period relating to any requirement on your part or applying to you.

7.WHAT RIGHTS DO YOU HAVE AS A DATA SUBJECT?

Subject to the conditions of the applicable regulations, you have the following legal rights:

• Right of access: You may request access to your data at any time. On request, we will provide you with a copy of your data in a commonly used electronic format.
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• Right of rectification: You have the right to have incorrect personal data corrected and incomplete personal data completed.
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• Right to erasure: In certain circumstances (including processing based on your consent), you may ask us to erase your data. Please note that this is not an unconditional right. Therefore, an attempt to exercise this right may not result in any action by us.
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• Right to object: At any time, subject to the conditions set out in the GDPR, you may object to any processing by us of your data. We will then only process your data if it can be demonstrated that there are definitive legitimate grounds for the data to be processed that outweigh your interests, rights, and freedoms or if the processing takes place to establish, exercise or defend legal claims. You always have the right to object to your data being used for direct marketing purposes, including profiling. This objection may be made at any time.
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• Right to withdraw your consent to the processing of your data (where the processing of your data is based on your consent).
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• Right to restrict processing: In certain circumstances, you may request that we restrict the processing of your data. Please note that this is not an unconditional right. Consequently, an attempt to exercise this right may not result in any action on our part.
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• Right to data portability: You have the right to obtain the personal data you have provided to us (or to have such personal data transferred directly to another Data Controller, if technically possible) in a structured, commonly used, and machine-readable format, in cases where the processing of your personal data is based on consent or in order to perform an agreement with you.
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• The right to define the fate of your data after your death and to designate the persons to whom the Company will communicate your data, if you so wish (article 85 of amended law no. 78-17 of 6 January 1978 relating to information technology, files, and civil liberties).
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If you have any questions or wish to exercise any of your rights, please contact our Company at contact@clustdoc.com, stating your identity and the precise purpose of your request (proof of identity may be requested).

For any questions relating to the use of your data and your rights, you may contact the Company by one of the following means:

By e-mail to the following address: contact@clustdoc.com

By post at the following address: 101 RUE DE SEVRES, 75006 PARIS

For the management of cookies and other tracking tools, the Company invites you to consult article 8 below.

The Company undertakes to reply to you as soon as possible, and in any event within one (1) month of receipt of your request. If necessary, this period may be extended by (2) two months, taking into account the complexity and number of requests sent to the Company. In this case, you will be informed of the extension and the reasons for the delay.

If your request is submitted electronically, the information will also be provided electronically wherever possible, unless you expressly request otherwise.

If the company is unable to respond to your request, you will be informed of the reasons why.

You will always have the option of lodging a complaint with a supervisory authority and/or seeking legal redress. In particular, if after contacting the Company and despite the Company’s efforts, you believe that your rights have not been respected, you may complain to the relevant supervisory authority. In France, this is the Commission Nationale Informatique et Libertés (afterward « CNIL »): https: //www.cnil.fr/fr/plaintes.

8.COOKIES

As part of the way we provide personalized services on the Site, we use cookies to store and sometimes track information about you. A cookie is a small data file that is sent to your browser from a web server, is stored on your hard drive, and allows easier access the next time you visit the same page. Their main purpose is to improve browsing on the Site and to enable personalized services to be sent to you. We only store and consult cookies (which are not necessary on your hard drive) if you have given your express consent.

Some of these browsing tracking tools are only used for purposes strictly necessary for the operation of the Website and are therefore exempt from consent, as they are necessary to guarantee access to and the stable operation of the Website. Others are subject to your express prior consent.

On the computer, cookies are managed by the Internet browser. These cookies may be session cookies (in which case the cookie will be automatically deleted when the browser is closed) or persistent cookies (in which case the cookie will remain stored in the terminal until its expiry date).

Follow the links below for instructions on how to change your browser settings from some of the most popular browser providers (please note that these are links to third-party websites over which we have no control):

Microsoft Internet Explorer

Safari

Firefox

Google Chrome

By limiting cookies, you may not be able to access all parts of the Site, as some of the Site’s functions depend on cookies.

In the interests of transparency, we have summarized the cookies used on our Site below. By clicking on cookie settings, you will find a detailed list of the cookies we use on the Site. We classify cookies into the following categories:

• Necessary cookies – These cookies are necessary to help you use the features and services we offer on the Site. These cookies do not collect information about you that can be used to identify you, and they do not monitor or remember where you have been on the Internet. An example of necessary cookies is the cookies that allow the Site to keep your items in your shopping cart while you shop online. They are generally set in response to actions you take that correspond to a request for services, such as setting your privacy preferences.
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• Preference cookies – also known as «functionality cookies» – enable the Website to remember choices you have made previously, your preferred language, or your username and password so that you can log in automatically (where we offer a login facility). These may be installed by us or by a third-party supplier whose services we have added to the Site. If you do not authorize these cookies, some or all of these services may cease to function correctly.
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• Statistical cookies – also known as «performance cookies» – collect information about how you use the Site, such as the pages you have visited and the links you have clicked on. This information cannot be used to identify you. All data and information is aggregated and therefore anonymized. The purpose of these cookies is to improve the functionality of the Site and if you disable these cookies, we will not receive any information about when you visited the Site and, therefore, we will not be able to verify the performance of the Site.
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• Marketing cookies – These cookies track your online activity to help us and our advertisers provide you with more relevant advertising or to limit the frequency with which you see an advertisement. These cookies may be set via the Site by our advertising partners. These cookies may be used by these companies to create a profile of your interests to display relevant advertising on other websites. They do not directly store personal data but are based on the identification of your browser and your Internet device. If you do not authorize these cookies, you will see fewer targeted advertisements.
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If you have consented to all cookies, you can withdraw your consent (except for essential cookies) by going to our cookie settings.

With the exception of essential cookies, blocking the installation of cookies does not prevent you from using the Site effectively.

The retention period for the user’s choice is six (6) months. The period during which cookies may collect data if the user accepts them is a maximum of thirteen (13) months.

The cookies used on the Site (including the application) are as follows: