Personal data protection policy

Last update: 30 March 2023

INFINIWAVE LIMITED

77, LOWER CAMDEN STREET, DUBLIN D02 XE80

Access to the Site and its functionalities requires the collection and processing of Users' personal data. It was therefore necessary to establish a Personal Data Protection Policy in order to comply with the recommendations for use in the processing of personal data as established by the law and regulations in force.

The Site's Personal Data Protection Policy has been drawn up in accordance with the recommendations of the Data Protection Commission (CPD). Its purpose is to inform Users of the Site about how their personal data is processed and about the commitments and measures we have taken to ensure that the personal data of Users of the Site is respected. It has been drawn up in accordance with the following provisions:

The Personal Data Protection Act 2018;

The European Personal Data Regulation 2018;

The European Data Protection Regulation Transposition Act 2018.

The version currently displayed on the Site is the current version of this policy. The Seller reserves the right to modify it at any time in order to comply with current legal obligations. Any modification of the Privacy Policy will be communicated to Users in order to obtain their consent to the new policy.

By browsing our Site, Users acknowledge that they have read, understood and accepted this data protection policy. Any questions regarding this policy may be sent to the following address: contact.psality@gmail.com.

1.1 Technical terms relating to the protection of personal data

On our Site, the terms below have the meaning assigned to them by the RGPD (Article 4);

Consent : of the data subject means any free, specific, informed and unequivocal expression of will by which the data subject accepts, by a declaration or by a clear positive act, that personal data concerning him may be "processed";

Data controller : "the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing; where the purposes and means of such processing are determined by Union law or the law of a Member State, the controller may be designated or specific criteria for such designation may be laid down in Union law or the law of a Member State";

Subcontractor : "the natural or legal person, public authority, department or other body which processes personal data on behalf of the controller";

Treatment : "any operation or set of operations which is performed upon personal data or sets of personal data, whether or not by automatic means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction";

Personal data breach : "a security breach resulting in the destruction, loss, alteration, unauthorised disclosure of or access to personal data transmitted, stored or otherwise processed".

1.2 Other terms used herein

"Customer (a) in accordance with the introductory section of the Consumer Rights Act 2022, a natural person acting for purposes which are wholly or mainly outside that person's trade, business, craft or profession;

"Site refers to the site https://psality.com/ operated by the Seller and made available to the User ;

"User refers to any person using our Site and having access to its content.

Personal data refers to any information that can directly or indirectly identify a natural person (surname, first name, e-mail address, telephone number, postal address, etc.).

In this respect, the GDPR defines personal data as follows: "any information relating to an identified or identifiable natural person (hereinafter 'data subject'); an 'identifiable natural person' is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person".

In accordance with the provisions of Article 8 of European Regulation 2016/679 and the Data Protection Act, only minors aged 15 or over may consent to the processing of their personal data.

Users under the age of fifteen (15) are invited to obtain the agreement of a legal representative - required by the Seller - in order for their personal data to be collected and for them to be able to use the Site's services.

The Vendor cannot be held liable in the event of any user providing personal data concerning a minor under the age of fifteen (15).

We collect your consent.

When browsing the Site, the User must, on several occasions, provide some of his/her personal data (for the purposes indicated in article 5). By providing their data, the User therefore gives their consent to the collection and processing of the personal data provided by the Vendor solely for the purposes detailed in article 5 of the Policy. This consent, together with other reasons, serves as the legal basis for the processing of the data collected.

The Seller collects and processes data that is strictly necessary for the purposes for which it is processed. We undertake to our Users not to process data for purposes other than those mentioned below. If we were to offer a new service on the Site, or any other feature of the Site, requiring the collection and processing of data, we undertake to obtain Users' consent once again before offering the new service in question.

Whenever the Site processes personal data, the Seller takes all reasonable steps to ensure the accuracy and relevance of the personal data in relation to the purposes for which it is processed.

We collect the User's data solely for the following processing purposes:

5.1 Creating an account (optional)

Customers may create an account on the Site. To do so, they must provide the following details: surname, first name, e-mail address. Customer data is used for the purposes of :

• Validation of the creation of their account;
• Creating a customer account ;
• Communication with the Customer ;
• After-sales support.

The legal basis is the performance of a contract, by virtue of the placing of an order, with the latter accepting these provisions.

5.2 Placing an order

In order to place an order on the Site, Customers must provide the following information: surname, first name, e-mail address and billing address.

User data and communication data are used solely for the purposes of :

• Validation of the customer's order ;
• Customer order processing ;
• Supply of services covered by the order ;
• Provision of after-sales service.

Customers are also informed that by placing an order, they will receive transactional communications from the Vendor (invoices, password changes, personality test results). They may unsubscribe at any time by using the functions provided for this purpose in the communication e-mails sent by the Vendor.

The legal basis is the execution of a contract by placing an order, with the customer accepting these provisions.

5.3 Payment for services

Payment for orders via the Site is made via our payment service provider STRIPE, which acts as the party responsible for the Customer's payment data. The Seller does not have access to the Customer's payment details.

5.4 Subscription

By placing an order on the Site, the Customer automatically benefits from a subscription to the Vendor's Subscription (see GTC). If the Customer has not cancelled their subscription after 24 hours, it is automatically extended for a period of one month, renewable by tacit agreement.

The data used to conclude the subscription is the data provided by the Customer when placing the order and is used for the purposes of :

• Provide subscription services ;
• Manage subscriptions (billing, termination, renewal) ;
• Provide after-sales service.

5.5 Contact form

A contact form is available on the Site. To respond to their request, Users must provide their surname, first name, e-mail address and telephone number. The User's data and communication data are used solely for the purposes of :

• Process the User's request;
• To respond to the User's request. The legal basis is the User's consent.

5.6 Analysis

When browsing the Site, Users may be asked to enter their personal connection data (cookies, tracers).

Connection data and browsing information are used solely for statistical studies (site traffic analysis and user experience) and other purposes mentioned in the cookies policy.

The processing is necessary for the purposes of the legitimate interests pursued by the Seller, in particular to offer Users a smooth and improved browsing experience.

Connection data is also used to prevent and combat computer fraud.

The legal basis is the response to a legal obligation.

We do not exceed the legal retention periods and User data is only retained for as long as is necessary to fulfil the purposes for which it was collected.

The retention periods are as follows:

• Data relating to the identity of the User who is not a customer (surname, first name): this is deleted or anonymised three (3) years after the last contact with the User, unless the User has previously exercised a right (in application of the RGPD) resulting in the deletion of his/her data;

• Non-customer communication data (e-mail, telephone number, postal address): this is deleted or anonymised three (3) years after the User's last contact, unless the User has previously exercised a right (in application of the RGPD) resulting in the deletion of his/her data;

• Data relating to Customers who have placed an order: this data is deleted five (5) years after the end of the commercial relationship with the Customer, unless the Customer has previously exercised a right (in application of the RGPD) resulting in the deletion of the data;

• Connection data: this is stored, in accordance with the cookies policy, for a maximum of 13 months (unless otherwise indicated in article 13).

In drawing up our data processing policy, we have established a reference grid for data retention periods, based on the recommendations of the Data Protection Commission.

In addition, the Seller may retain certain personal data in order to fulfil its legal or regulatory obligations, to enable users to exercise their rights, or for statistical purposes. At the end of the retention period, personal data will be deleted or made anonymous.

The data collected via the Site is intended exclusively for the following recipients.

7.1 Site hosting

The Site is hosted by Scaleway, 8 rue de la Ville l'Évêque, 75008 Paris. https://www.scaleway.com/

The host has access to the data within the limits of its respective remits, for the purposes of hosting the Site. It has limited access to Users' data, as part of the provision of these services, and is contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data.

For more information, please consult Scaleway's policy.

7.2 Third-party service providers

The Site and the Seller rely on certain third-party services to provide certain functionalities. These third parties have limited access to User data as part of the provision of these services and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data.

Payment for orders placed on the Site is handled by Stripe.

User statistics (cookies) are used to improve the user experience and to enhance the functionality of the Site. The user is invited to refer to the site's cookie policy.

7.3 Legal obligations

Data may also be transmitted by the Vendor to third parties and competent authorities in order to comply with legal, judicial, fiscal or regulatory obligations. The Vendor guarantees Users that no transfer of personal data will be made to an unauthorised third party without the prior, voluntary, informed, express and written consent of the User.

The Seller is prohibited from processing, hosting or transferring information collected about its users to a country outside the European Union or recognised as "inappropriate" by the European Commission without first informing the owner of the data and obtaining its consent.

The Seller has taken all useful and necessary precautions, taking into account the state of the art in the field, to protect your information in a secure environment in order to avoid any destruction, loss, alteration, distribution or unauthorised access. Despite our best efforts, no method of transmission over the Internet and no method of electronic storage is completely secure. We cannot therefore guarantee absolute security. If we become aware of a breach of security, we will inform the users concerned so that they can take appropriate action. Our incident notification procedures take account of our legal obligations, whether at national or European level.

In the event that the integrity and confidentiality of your data is compromised, the data controller undertakes to comply with the procedures put in place under the Data Protection Act 2018 and the European Data Protection Regulation (GDPR).

The Seller does not resell or outsource User data.

In accordance with the legal provisions of the Data Protection Act 2018 and the European Data Protection Regulation, Users of the Site have the following rights:

9.1 Right of access, rectification and deletion

Users may consult, update, modify or request the deletion of data concerning them by sending an e-mail to the person responsible for processing personal data, specifying the purpose of the request to the following e-mail address: contact.psality@gmail.com.

9.2 Right to portability

The User has the right to request the portability of his/her personal data, held by the Site or by the Seller, to another site, by sending a request for the portability of his/her personal data to the data controller, by sending an e-mail to the address provided above.

9.3 Right to limit and object to data processing

The User has the right to request the limitation of or to oppose the processing of his/her data by the Seller, without the latter being able to refuse, unless it can be shown that there are legitimate and overriding reasons, which may take precedence over the interests and rights and freedoms of the User.

The User must make a request to the data controller to limit the processing of his/her personal data, by sending an e-mail to the address provided above.

9.4 Right not to be subject to a decision based exclusively on an automated process

In accordance with the provisions of Regulation 2016/679, the User has the right not to be subject to a decision based exclusively on an automated process if the decision produces legal effects concerning him or her or significantly affects him or her in a similar way.

9.5 Right to determine the fate of data

Users are reminded that they can organise what the future of the collection and processing of their data should be in the event of their death, in accordance with the Data Protection Act 2018.

10.1 How to exercise your rights

To exercise any of your rights, simply :

• Write a letter to the Seller at the address of its registered office;
• Or send an e-mail to the following address contact.psality@gmail.com.

Please give your full name and address and enclose proof of identity.

The data controller is Mr Carlo Ela, contact.psality@gmail.com.

Requests will be processed within one month, except in the case of a serious reason put forward and justified by the Seller justifying an extension of the period.

10.2 Recourse to the Data Protection Commission

If the Seller does not satisfy the User's request, the User has the right to contact the Data Protection Commission on https://www.dataprotection.ie/.

11.1 What is a Cookie?

The User is informed that a cookie is a small file deposited on the terminal of any User (computer, tablet or mobile device) by our Site during its consultation. It does not contain any personal information, but makes it possible to create a link between the User's device and his/her preferences for use and experience on our Site (for example, location, language, font size).

11.2 User consent

For the use of "cookie" files involving the storage and analysis of personal data, the User's consent is always requested. This consent is valid for a period of thirteen (13) months, with a few exceptions (see table Art.13), after which a new authorisation will be requested from the User.

In accordance with S.I. No. 336/2011 - European Community Electronic Communications Networks and Services (Privacy and Electronic Communications) Regulations 2011, the Seller informs Users of the Site that cookies record certain information which is stored in the memory of their hard disk. This information is used to generate statistics on the Site's audience and to offer services according to the information they have already selected during their previous visits.

A warning message, in the form of a banner, asks each User visiting the Site whether they wish to accept cookies beforehand. To guarantee the free, informed and unequivocal consent of Users visiting the Site, the banner will not disappear until they have continued browsing and configured their choices.

Cookies will not be deposited or read without the User's prior consent:

• If anyone who visits the Site (home page or directly on another page of the Site from a search engine, for example) does not continue browsing: a simple absence of action cannot be considered as a manifestation of will;
• Or if they click on the link in the banner allowing them to configure cookies and, if necessary, refuse the deposit of cookies.

We use and collect cookies in order to :

• To process statistics and information about traffic on our site and to optimise it as far as possible;
• To offer our users a fluid browsing experience by adapting the presentation of our Site to the display preferences of the user's terminal;
• To store information provided on the Site by the User.

The list of cookies present on the Site is as follows:

All Users may refuse to accept cookies by configuring their browser in the following way:

• Open a private browser window ;
• Configure cookies via the "Cookies" widget available on the home page of our Site;
• Configure your computer so that a message appears asking you to accept, personalise or refuse cookies on each site or systematically;

Or any other means available to the User.

Users may at any time choose to express and modify their wishes with regard to Cookies. The Vendor declines all responsibility for the consequences linked to the operation of the Site and the services offered resulting from :

• Refusal of cookies by the User ;
• And/or the impossibility for the site to record or consult the Cookies necessary for their operation due to the User's choice.

Users may configure their browser software in such a way as to configure their choices regarding the use of cookies:

For Microsoft EdgeTM : https://support.microsoft.com/en-us/microsoft-edge

For SafariTM : http://docs.info.apple.com/article.html?path=Safari/3.0/fr/9277.html

For ChromeTM : http://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647

For FirefoxTM : http://support.mozilla.org/fr/kb/Activer%20et%20d%C3%A9sactiver%20les%20cookies

For OperaTM : http://help.opera.com/Windows/10.20/fr/cookies.html

The User may also configure their browser to accept or refuse Cookies on a case-by-case basis before they are installed, or delete Cookies from their terminal. The User is informed that by configuring his/her browser to refuse Cookies, certain functionalities of our Site may not be accessible and the Vendor or the host cannot be held responsible in this respect.

The Seller reserves the right to modify this Policy at any time. If this Policy is modified, the new version will be immediately published on the Site. If the User does not agree with the terms of the new version of the Policy, he/she has the option of no longer using the Site's Services and no longer browsing the Site.

By browsing the Site, Users certify that they have read and understood this privacy policy and accept its conditions, particularly with regard to the collection and processing of their personal data and the use of 'Cookies'.

In addition, we inform you that other third parties with whom we share your personal data will use it as follows:

Hipay: The data will be used for the secure processing of your payments, in accordance with their confidentiality policy.
Cloudflare: Data will be used to improve the performance and security of our site, in accordance with their own privacy policy.
Hotjar: The data will be used to analyse the use of our site and gather feedback from users, in accordance with their privacy policy.
We undertake to treat your data with the utmost care and to share it only with trusted third parties who comply with data protection standards.