Privacy Policy
Updated: 01/09/23
Lors de votre utilisation de l’application Pongo (ci-après : « l’Application »), nous pouvons être amenés à vous demander de nous communiquer des données à caractère personnel vous concernant, afin d’utiliser nos services. Dans le cadre de la présente charte, le terme « données à caractère personnel » désigne toutes les données qui permettent d’identifier un individu, ce qui correspond notamment à vos nom, prénoms, numéros de téléphone, date de naissance, sexe, centres d’intérêt, ainsi qu’à tout autre renseignement que vous choisirez de nous communiquer à votre sujet.
La présente charte a pour objet de vous informer sur les moyens que nous mettons en œuvre pour collecter vos données à caractère personnel, dans le respect le plus strict de vos droits.
Nous vous indiquons à ce sujet que nous nous conformons, dans la collecte et la gestion de vos données à caractère personnel, à la loi n° 78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés, dans sa version actuelle, dite « Informatique et Libertés », et le règlement (UE) 2016/679 du 27 avril 2016, dès son entrée en application (ci-après : le « RGPD »).
The company responsible for collecting your personal data is Hey Pongo SAS, a simplified joint stock company registered in Paris under RCS number 832 486 765 with capital of €2,602.45, located at 5, Avenue Général De Gaulle, 94160 Saint-Mandé (referred to herein as "We").
The legal basis for our collection of your personal data is as follows:
(i) Your consent in the case of social network cookies, advertising cookies and Google Analytics cookies referred to in Article 11.
(ii) This collection is necessary in order to perform the contract entered into when you use our services on our Site. Your personal data is collected for one or more of the following purposes:
(i) To manage your access to and use of certain services accessible on the Application,
(ii) To carry out operations relating to customer management concerning contracts, orders, deliveries, invoices, loyalty programs, customer relationship follow-up,
(iii) To build up a file of registered members, users, customers and prospects,
(iv) To send newsletters, solicitations and promotional messages. In the event that you do not wish this, we give you the option of expressing your refusal in this respect when your data is collected;
(v) To compile commercial and traffic statistics for our services,
(vi) To organize competitions, lotteries and all promotional operations excluding online gambling and games of chance subject to approval by the Autorité de Régulation des Jeux en Ligne,
(vii) To manage the management of people's opinions on products, services or content,
(viii) To personalize responses to your requests for information,
(ix) To comply with our legal and regulatory obligations
When collecting your personal data, we inform you whether certain data is mandatory or optional. Mandatory data is necessary for the operation of the Services. For optional data, you are entirely free to choose whether or not to provide it. We will also inform you of the possible consequences of failing to do so.
Access to your personal data will be granted to our company's staff, to auditing bodies (in particular the statutory auditor) and to our subcontractors.
Your personal data may also be disclosed to public bodies, exclusively to meet our legal obligations, to law enforcement officers, to ministerial officers and to bodies responsible for debt collection.
Your personal data will not be transferred, rented or exchanged for the benefit of third parties. In addition, we inform you that we may share or disclose your data to third parties in a form in which you cannot be identified, for statistical purposes (such as the number of active users).
(i) Concerning data relating to the management of customers and prospects:
Your personal data will not be kept beyond the period strictly necessary for the management of our commercial relationship with you. However, data enabling us to establish proof of a right or contract, or which must be kept in order to comply with a legal obligation, will be kept for the period stipulated by the law in force. With regard to any prospecting operations aimed at customers, their data may be kept for a period of three years from the end of the commercial relationship. Personal data relating to non-customer prospects may be kept for a period of three years from the date of collection or last contact with the prospect. At the end of this three-year period, we may contact you again to find out whether you wish to continue receiving commercial solicitations.
(ii) Concerning identity documents:
In the event of exercising the right of access or rectification, data relating to identity documents may be kept for the period stipulated in Article 9 of the Code of Criminal Procedure, i.e. one year. In the event of exercising the right of opposition, this data may be archived for the prescription period provided for in Article 8 of the Code of Criminal Procedure, i.e. three years.
(iii) Concerning the management of lists of opposition to receiving canvassing:
Information enabling your right of opposition to be taken into account is kept for a minimum of three years from the exercise of the right of opposition.
(iv) Concerning cookies: The retention period for the cookies referred to in article 11 is 13 months.
We inform you that we take all necessary precautions and appropriate organizational and technical measures to preserve the security, integrity and confidentiality of your personal data and, in particular, to prevent it from being distorted, damaged or accessed by unauthorized third parties.
We inform you that your data will be kept and stored for the duration of its retention on the servers of Google Inc. located in the United States.
Cookies are text files, often encrypted, stored in your browser. They are created when a user's browser loads a given website: the site sends information to the browser, which then creates a text file. Each time the user returns to the same site, the browser retrieves this file and sends it to the website's server. We can distinguish between different types of cookies, which do not have the same purpose:
- Technical cookies are used throughout your browsing experience, in order to facilitate it and perform certain functions. A technical cookie may, for example, be used to memorize the answers entered in a form or the user's preferences regarding the language or layout of a website, when such options are available.
We use technical cookies.
- Social network cookies may be created by social platforms to enable website designers to share the content of their site on said platforms. In particular, these cookies may be used by social platforms to track the navigation of web users on the website concerned, whether or not they use these cookies.
We use cookies from social networks. These cookies are deposited only if you give your consent. You can inform yourself about their nature, accept or refuse them.
We also invite you to consult the privacy protection policies of the social platforms behind these cookies, to find out about the purposes for which the browsing information they may collect thanks to these cookies is used and how you can exercise your rights with these platforms.
- Advertising cookies may be created not only by the website on which the user is browsing, but also by other websites displaying advertisements, announcements, widgets or other elements on the page displayed. In particular, these cookies may be used to carry out targeted advertising, i.e. advertising determined on the basis of the user's browsing.
We also use advertising cookies These cookies are deposited only if you give your consent. You can find out about their nature, and accept or refuse them.
We also invite you to consult the privacy policies of the social platforms behind these cookies, to find out about the purposes for which the browsing information they may collect through these cookies is used, and how you can exercise your rights with these platforms.
- We use Google Analytics, which is a statistical audience analysis tool that generates a cookie to measure the number of visits to the Site, the number of pages viewed and visitor activity. Your IP address is also collected to determine the city from which you are connecting. This cookie is deposited only if you give your consent. You can accept or refuse it.
We would like to remind you that you can refuse to accept cookies by configuring your browser. However, such refusal may prevent the Site from functioning properly.
In accordance with the "Informatique et Libertés" law and the RGPD, you have the right to obtain communication and, where appropriate, rectification or deletion of data concerning you, through online access to your file.
You can also contact:
- e-mail address: contact@heypongo.com
- postal address: 5 Avenue du Général De Gaulle, 94160 Saint-Mandé.
You have the right to define directives concerning the conservation, deletion and communication of your personal data after your death. These directives can be general, i.e. they cover all your personal data. In this case, they must be registered with a trusted digital third party certified by the CNIL.
Directives can also be specific to data processed by our company. In this case, they should be sent to us using the following contact details:
- e-mail address: contact@heypongo.com
- postal address: 5 Avenue du Général De Gaule, 94160 Saint-Mandé
By sending us such directives, you expressly give your consent for them to be stored, transmitted and executed in the manner provided herein. In your instructions, you may designate a person to be responsible for their execution. This person will then be entitled, when you die, to take cognizance of the said directives and ask us to implement them. If you do not designate a person, your heirs will be entitled to take cognizance of your instructions on your death and ask us to implement them. You may modify or revoke your instructions at any time by writing to us at the above address.
You have a right to the portability of the personal data you have provided to us, understood as the data you have actively and consciously declared in the context of accessing and using the services, as well as the data generated by your activity in the context of using the services. We remind you that this right does not apply to data collected and processed on a legal basis other than consent or the performance of the contract binding us. This right may be exercised free of charge, at any time, and in particular when closing your account on the Platform, in order to recover and retain your personal data.
In this context, we will send you your personal data, by any means deemed useful, in a commonly used, machine-readable standard open format, in accordance with the state of the art.
You are also informed that you have the right to lodge a complaint with a competent supervisory authority (the Commission Nationale Informatique et Libertés in the case of France) in the Member State in which you have your habitual residence, your place of work or the place where the violation of your rights occurred, if you consider that the processing of your personal data covered by this Charter constitutes a violation of the applicable laws. This recourse may be exercised without prejudice to any other recourse before an administrative or judicial court. Indeed, you also have the right to an effective administrative or judicial remedy if you consider that the processing of your personal data, which is the subject of the present Charter, constitutes a violation of the applicable texts.
You have the right to obtain the limitation of the processing of your personal data, in the following cases:
- During the verification period that we implement, when you dispute the accuracy of your personal data,
- When the processing of such data is unlawful, and you wish to limit such processing rather than delete your data,
- When we no longer need your personal data, but you wish to retain them in order to exercise your rights,
- During the legitimate grounds verification period, when you have objected to the processing of your personal data.
We reserve the right, at our sole discretion, to modify this charter, in whole or in part, at any time. These modifications will come into effect as of the publication of the new charter. Your use of the Site following the entry into force of these modifications will constitute recognition and acceptance of the new charter. If you do not agree to the new charter, you should no longer access the Site.
This charter came into force on May 30, 2018.
