REGULATION ON THE PROTECTION OF PERSONAL DATA
The Personal Data Protection Charter of the “ProprioEnquête®” Platform aims to inform users about the way their personal data (the “Personal Data”) is processed by ProprioEnquête® in the context of their use of the Platform and its Services.
ProprioEnquête® attaches great importance to the protection of Personal Data in the way the Platform has been created, organized, and implemented. In its capacity as data controller, ProprioEnquête® complies with the provisions of the Personal Information Protection and Electronic Documents Act (PIPEDA) of the Office of the Privacy Commissioner of Canada – updated on June 4, 2020.
2. CATEGORIES OF DATA PROCESSED ?
The data processed by ProprioEnquête® is:
For the creation of a User account:
- Identification information, such as, surname(s) and first name(s), address, date of birth;
- Contact information, such as, coordinates, phone number, or e-mail address;
- Transaction information, such as, payment information.
For the use of the Platform:
- Connection data, such as, IP address and logs;
- Any other data that the User provides him/herself when using the Services or that ProprioEnquête® collects with his/her consent in order to provide the Services or for specific processing;
- Any other data provided to the user by a third party necessary for the use of the Services;
- The compulsory or optional nature of the data that the user provides is, moreover, indicated at the time of collection by an asterisk.
3. USES OF PERSONAL DATA
ProprioEnquête® collects and processes users’ personal data to:
- Create and administer their accounts and ensure the connection between Users when creating credit inquiries;
- Ensure the proper functioning of the Website and ProprioEnquête® services and preserve their security and integrity;
- To respond to requests for technical support or support related to the use of the Platform;
- To improve the user experience and offer new features;
- Gather statistical information on non-nominative data to offer value-added information to the user.
4. LEGAL BASIS
The processing of Personal Data of users is justified by the following grounds:
- It is necessary for the performance of the contractual relationship with ProprioEnquête® to provide the Services such as requesting and providing confidential information about the prospective tenant, preparing and sending a screening report, providing customer support, allowing users to complete transactions, providing hosting and computer maintenance;
- It is necessary to pursue legitimate interests of ProprioEnquête®, such as, ensuring a better functioning of the Services, improving the user experience, or establishing audience measurements;
- It requires the User’s consent, such as, sending personalized advertising or to allow to share on social networks or to deposit cookies;
- It is necessary to respect legal and regulatory obligations of ProprioEnquête®.
5. RESPONSIBILITY FOR PROCESSING PERSONAL DATA
The person who collects and processes Personal Data may, depending on the processing carried out, have the status of data controller, joint data controller or subcontractor.
The data controller is defined as the natural or legal person who, alone or jointly with others, determines the purposes and means of processing.
The processor is defined as the natural or legal person who processes personal data on behalf of the controller. The processor thus acts under the authority of the controller and on his or her instructions.
ProprioEnquête® acts as the controller of the processing of Users’ personal data collected when they register on the Platform, use the Services, request technical or customer assistance from ProprioEnquête® teams, or when promotional messages are sent to present new features of the Platform.
6. ARE CHILDREN’S PERSONAL DATA COLLECTED?
The ProprioEnquête® services are not intended for children and ProprioEnquête® does not collect or request Personal Data from children under 18 years of age for whom parental consent to collect Personal Data must be obtained.
7. USER’S RIGHTS
If the User wishes to correct, delete, or oppose the processing of his or her Personal Data because he or she disputes its accuracy, he or she may send a request by e-mail to the following address: email@example.com.
The User must indicate his/her identity, contact details, the purpose of the request (access, correction, deletion, opposition, limitation, etc.), the Personal Data concerned and provide a copy of his/her identity card.
The request will be processed by the ProprioEnquête® team within thirty (30) days of its receipt. Subject to its legal obligations of conservation and within the limits of the user’s rights, ProprioEnquête® may, if necessary, correct, update, delete the Personal Data, cease, or limit their processing. Indeed, ProprioEnquête® may keep the Personal Data in its archives to resolve disputes, enforce its rights, or because of its legal obligations or its compelling legitimate interests.
8. STORAGE OF PERSONAL DATA AND RETENTION PERIOD?
ProprioEnquête® stores Personal Data for a period not exceeding that necessary for the purposes for which it is collected and processed and, in any event, in accordance with the required legal requirements.
Personal Data is subsequently deleted or irreversibly anonymized by ProprioEnquête® or archived in an intermediate database if necessary to preserve the possibility of establishing proof of its rights or to comply with its legal or regulatory obligations and for the legally prescribed period (either the period of prescription in matters of contract or the period prescribed by law for each legal obligation).
9. SHARING OF PERSONAL INFORMATION
Users’ Personal Data is shared with ProprioEnquête®’s external service providers such as, for example, pre-leasing, payment and emailing screening providers who use it for the above-mentioned purposes as well as with ProprioEnquête®’s internal teams.
When Personal Data is transferred to these third-party service providers, ProprioEnquête® ensures that they present guarantees equivalent to its own and requires that they adhere to its personal data protection charter, that they respect its procedures and that they preserve the confidentiality of the Personal Data to which they have access in the context of their service on behalf of ProprioEnquête®. Its partners are prohibited from using Personal Data for other purposes or for other purposes without the User’s consent.
The User is informed of the obligation’s incumbent upon him/her as a data controller, and in particular the respect of his/her rights and in particular the right to access, oppose and rectify information concerning him/her.
The User is responsible for any failure to comply with these obligations and guarantees and indemnifies ProprioEnquête® and its service providers against any action, claim, or demand made by an authority or a third party as a result of any failure on his or her part to comply with the terms of this article.
ProprioEnquête® may be required to communicate Personal Data to the competent authorities to enforce its rights under the law or to comply with the law or a court order issued by a government entity or any other competent authority. Unless required by law or jurisdiction, ProprioEnquête® is not obligated to provide notice of such disclosures of Personal Information.
10. SECURITY OF PERSONAL DATA
ProprioEnquête® implements appropriate organizational and technical measures to guarantee a level of security appropriate to the Personal Data processed, in particular through data backup measures, control of persons having access to the data, implementation of an identifier and passwords to access the data and the data medium, data partitioning and protection against attacks.
11. COOKIES (COOKIES)
Cookies are traces deposited and read when consulting a site, reading an email, installing or using a mobile application, regardless of the type of terminal used, such as a computer, tablet, or phone.
The User has the option of refusing to have a cookie placed on his or her hard drive. However, the User is informed that the Services may not function properly.
The User also has the option of disabling cookies, after having accepted their deposit on his or her hard drive, by configuring the settings of his or her browser so that it blocks them in whole or in part.
For more information on cookies, Users may refer to the following website: http://www.allaboutcookies.org.
The User recognizes that the creation of new services or the obligation to conform to any legal, regulatory, jurisprudential, and technical evolution can imply the modification and the update of the Charter which, in this case, will be updated and will indicate the day when the modifications were made.
In any case, the personal Data of the User would always be treated in accordance with the Charter in force at the time of their collection, except if an imperative legal prescription came to lay down otherwise and would be of retroactive application.