Privacy Policy

Last updated on 10/10/2022.

PREAMBLE

This privacy policy informs you about how WellMind uses and protects the information you provide to us when using this site accessible from the following URL: https://www.wellmind.fr (hereinafter the "Site").

Please note that this privacy policy may be modified or supplemented at any time by WellMind, particularly to comply with any legal or technological developments. In such cases, the date of its update will be clearly identified at the top of this policy. These modifications are binding on users once they have been informed of the online publication of the updated privacy policy and have accepted it.

ARTICLE 1. PARTIES

This privacy policy applies between the Site editor, hereinafter "the Editor", and any person connecting to the Site, hereinafter "the User".

ARTICLE 2. DEFINITIONS

"Site Content": elements of any nature published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.

"Editor": WellMind, brand of Evellia Company in its capacity as Site editor.

"User": any person connecting to the Site.

"Site": website accessible at URL https://www.wellmind.fr, as well as sub-sites, mirror sites, portals and related URL variations.

ARTICLE 3. SCOPE OF APPLICATION

This privacy policy applies to all Users. Clicking "I accept" when registering on the Site will constitute your full and complete acceptance of it. Similarly, clicking "I accept" in the cookie information banner displayed on the Site constitutes your confirmation of this acceptance, while allowing you to customize the cookies that will or will not be applied to you. You acknowledge having taken full knowledge of them and accept them without restriction.

The User acknowledges the probative value of the Editor's automatic recording systems and, unless he can provide proof to the contrary, he waives the right to contest them in case of dispute.

Acceptance of this privacy policy assumes that Users have the necessary legal capacity to do so or are at least 16 years old, or failing that, have authorization from a guardian or curator if they are incapacitated, from their legal representative if they are under 16, or that they hold a mandate if they act on behalf of a legal entity.

ARTICLE 4. PERSONAL DATA

In accordance with the General Data Protection Regulation (GDPR) adopted by the European Parliament on April 14, 2016 and the national legislation in force, the Editor provides you with the following information:

4.1. Identity of the data controller

The controller for the collection and processing of data on the Site is Evellia:

SARL with capital of 97,946 euros
SIRET No.: 790631170 00020 - RCS of NANTERRE
Intra-community VAT No. FR 52 790631170

4.2. Data collection by the Editor

4.2.1. Data collected

4.2.1.1 Data collected during Site navigation

When browsing the Site, you consent to the Editor collecting information relating to: the content you consult and click on; demographic data; the device used and its software environment; your location; your connection data (times, IP address...).

4.2.1.2. Data collected when using the contact form or contact email address

The use of the contact form or contact email address by the User implies the collection by the Editor of the following personal data: name, first name, email address*, phone number.

Personal data marked with an asterisk are mandatory for using the contact form. Users who do not wish to provide the information required to use the contact form will not be able to send a message to the Editor directly from the Site.

4.2.1.3. Data collected during Site registration

The use of the registration form by the User implies the collection by the Editor of the following personal data: name*, first name*, postal address*, email address*, date of birth, phone number*.

Personal data marked with an asterisk are mandatory for Site registration. Users who do not wish to provide the information required to use the registration form will not be able to register directly from the Site.

Other personal data not listed above (payment data, legal representative information, etc.) are directly managed by our payment provider, Stripe (https://stripe.com/en-fr/connect-account/legal#translation)

4.2.1.4. Data collected when using the newsletter form

In the context of using the newsletter form, the Editor may collect and process: your email address.

4.2.2. Purposes of personal data collection

The data collected during navigation is subject to automated processing for the purpose of:

Verify the identity of persons;
Ensure and improve service security;
Develop, operate, improve, provide and manage the Site;
Contextualize and improve the User experience;
Send information and contact persons, including by email;
Prevent any illicit or illegal activity;
Enforce conditions relating to Site use.

The data collected when using the contact form or contact email address is subject to automated processing for the purpose of:

Verify the identity of persons;
Ensure and improve service security;
Contextualize and improve the User experience;
Send information and contact persons, including by email;
Prevent any illicit or illegal activity.

The data collected during registration is subject to automated processing for the purpose of:

Execute its contractual commitments;
Verify the identity of persons;
Ensure and improve service security;
Develop, operate, improve, provide and manage the Site;
Contextualize and improve the User experience;
Send information and contact persons, including by email;
Prevent any illicit or illegal activity;
Enforce conditions relating to Site use.

The data collected during registration is subject to automated processing for the purpose of:

send newsletters to the User.

4.2.3. Legal bases for processing

The data collected during navigation has as its legal basis the legitimate interest of the Editor, namely to carry out an analysis of behaviors on the Site and obtain improved security and operation of the Site. Some of this data, such as that from the implementation of certain cookies, may have as its legal basis the consent of persons.

The data collected when using the contact form or contact email address has as its legal basis the consent of the data subjects.

The data collected during registration has as its legal basis a contractual relationship.

The data collected during registration has as its legal basis the consent of the data subjects.

4.2.4. Data recipients

The collected data is accessible only to members of the Editor's management, as well as to personnel responsible for Site management, and is never made freely visible to a third party natural person.

4.2.5. Personal data retention period

Personal data collected during navigation is kept for a reasonable period necessary for the proper administration of the Site and for a maximum of 12 months, or until the withdrawal of consent by the data subjects.

Personal data collected when using the contact form or when sending to the contact email address is kept for a reasonable period necessary for the proper management of the User's request, and for a maximum of 12 months.

Data collected during registration is kept for the duration of the contractual relationship between the Editor and the User.

At the end of each of these periods, the Editor will archive this data and keep it for the time during which its responsibility may be called into question.

After this retention period, the Editor undertakes to permanently delete the data of the persons concerned.

4.2.6. Security and confidentiality of personal data

Personal data is kept under secure conditions, according to current technical means, in compliance with the provisions of the General Data Protection Regulation and the national legislation in force.

4.2.7. Personal data minimization

The Editor may also collect and process any data voluntarily transmitted by a User.

The Editor guides Users as much as possible when they provide unnecessary or superfluous personal data.

The Editor undertakes to keep and process only the data strictly necessary for its activities, and will delete any received data that is not useful as soon as possible.

4.3. Respect for rights

You have the following rights regarding your personal data, which you can exercise by writing to us at our postal address or by sending an email to the following address: sylvain@wellmind.fr.

4.3.1. Right to information, access and communication of data

You have the possibility to access the personal data concerning you.

Due to the obligation of security and confidentiality in the processing of personal data incumbent on the Editor, your request will only be processed if you provide proof of your identity, in particular by producing a scan of your valid identity document (in case of request by email) or a signed photocopy of your valid identity document (in case of request sent in writing), both accompanied by the mention "I attest on my honor that the copy of this identity document conforms to the original. Done at ... on ...", followed by your signature.

To help you in your approach, you will find here a letter template developed by the CNIL.

4.3.2. Right to rectification, deletion and right to be forgotten

You have the possibility to request the rectification, updating, blocking or deletion of your personal data that may prove to be inaccurate, erroneous, incomplete or obsolete.

You can also define general and specific directives relating to the fate of personal data after your death. If necessary, the heirs of a deceased person may require that the death of their relative be taken into consideration and/or that the necessary updates be made.

To help you in your approach, you will find here a letter template developed by the CNIL.

4.3.3. Right to object to data processing

You have the possibility to object to the processing of your personal data.

To do this, you should send an email to the following address: sylvain@wellmind.fr. In this email, you will need to specify the data you wish to see deleted as well as the reasons justifying this request, except in cases of commercial prospecting.

4.3.4. Right to data portability

You have the right to receive the personal data you have provided to us in a transferable, open and readable format.

4.3.5. Right to limitation of processing

You have the right to request that the processing of your personal data by the Editor be limited. Thus, your data can only be kept and no longer used by the Editor.

4.3.6. Withdrawal of consent

Your consent is essential for the processing of your data by the Editor. However, you can withdraw it at any time. This withdrawal will lead to the deletion of personal data concerning you.

Services requiring the processing of your data by the Editor will nevertheless no longer be accessible.

4.3.7. Response times

The Editor undertakes to respond to your request for access, rectification or opposition or any other request for additional information within a reasonable time which cannot exceed 1 month from receipt of your request.

4.3.8. Complaint to the competent authority

If you consider that the Editor does not respect its obligations regarding your personal information, you can file a complaint or request with the competent authority. In France, the competent authority is the CNIL to which you can send a request here.

4.4. Transfer of collected data

4.4.1. Transfer to partners

The Editor informs you that we use authorized service providers to facilitate the collection and processing of data that you have communicated to us. These service providers may be located outside the European Union and have access to data collected on the Site.

The Editor has previously ensured that its service providers implement adequate guarantees and respect strict conditions regarding confidentiality, use and data protection, for example via the US PrivacyShield.

The User consents to the collected data being transmitted by the Editor to its partners and being processed by these partners as part of third-party services, namely:

Stripe, payment provider, whose general conditions are available at the following address: https://stripe.com/en-fr/connect-account/legal#translation

4.4.2. Transfer upon requisition or judicial decision

The User also consents to the Editor communicating the collected data to any person, upon requisition of a state authority or upon judicial decision.

4.4.3. Transfer in the context of a merger or acquisition

If the Editor is involved in a merger, sale of assets, financing operation, liquidation or bankruptcy or in an acquisition of all or part of its activity by another company, the User consents to the collected data being transmitted by the Editor to this company and that this company operates the personal data processing referred to in this privacy policy in place of the Editor.

ARTICLE 5. POLICY RELATING TO TRACKERS/COOKIES

During your first connection to the Editor's Site, you are warned by a banner at the bottom of your screen that information relating to your navigation may be recorded in files called "cookies". Our cookie usage policy allows you to better understand the provisions we implement regarding navigation on our Site. It informs you in particular about all the cookies present on our Site, their purpose, and gives you the procedure to configure them.

5.1. Use of trackers/cookies

The Editor of this Site may proceed to install a cookie and other tracker on the hard drive of your terminal (computer, tablet, mobile, etc.) in order to guarantee you smooth and optimal navigation on our website.

"Cookies" (or connection witnesses) are small text files of limited size that allow us to recognize your computer, tablet or mobile in order to personalize the services we offer you.

To better inform you about the information that cookies identify, you will find below a table listing the different types of cookies that may be used on the Editor's site, their name, their purpose as well as their retention period.

5.2. Purposes of trackers

With the help of information contained in the trackers and cookies used, the Editor can analyze the traffic and use made of the Site and, if necessary, facilitate and improve navigation, carry out prospecting operations, develop commercial statistics or display targeted advertisements.

5.3. Trackers used

WellMind Tracker

5.4. Configuration of your cookie preferences

During your first connection to the Editor's Site, a banner briefly presenting information relating to the deposit of cookies and similar technologies appears at the bottom of your screen. This banner allows you to make a choice regarding the cookies you accept or refuse to deposit on your terminal. You will be deemed to have given your agreement to the deposit of cookies by clicking on the "I accept" icon, either globally or individually. Conversely, you will be deemed to have refused the deposit of cookies by clicking on the "I refuse" icon, once again, this choice may apply to all cookies, or only to some of them. In the absence of choice, you will be deemed to have refused the deposit of cookies. Your decision will be recorded for 6 months and may be modified at any time.

5.4.1 Cookies exempt from consent

In accordance with the recommendations of the National Commission for Information Technology and Civil Liberties (CNIL), certain cookies are exempt from prior collection of your consent insofar as they are strictly necessary for the operation of the website or have the exclusive purpose of allowing or facilitating communication by electronic means. These include session identifier cookies, authentication cookies, load balancing session cookies as well as interface personalization cookies. These cookies are fully subject to this policy insofar as they are issued and managed by the Editor.

5.4.2 Cookies requiring prior collection of your consent

This requirement concerns cookies issued by third parties and which are qualified as "persistent" insofar as they remain in your terminal until their deletion or expiration date.

Such cookies being issued by third parties, their use and deposit are subject to their own privacy policies. This cookie family includes audience measurement cookies, advertising cookies as well as social network sharing cookies (such as Facebook, Twitter, Youtube and Instagram).

Audience measurement cookies establish statistics concerning the traffic and use of various elements of the Site (such as the content/pages you have visited). This data contributes to improving the ergonomics of the Editor's Site.

5.5. Maximum retention period for trackers

Trackers are intended to be kept on the User's computer for a period of up to 12 months. This data is kept under secure conditions, according to current technical means, in compliance with the provisions of the General Data Protection Regulation and the national legislation in force.

5.6. Opposition to the use of trackers

5.6.1. Right to object to the use of trackers

You can accept or refuse the deposit of cookies at any time.

The User can delete or disable the use of trackers whenever they wish by modifying their browser settings. It is possible to consult the Site without trackers. However, some ancillary functions of the Site may not work if the User has disabled the use of trackers, such as form autocompletion or navigation indicators.

5.6.2. Settings

For more information about cookie management tools, you can consult here the dedicated page on the CNIL website.

5.6.2.1. Browser settings

Each Internet browser offers its own cookie management settings. The User can configure their browsing software so that cookies are rejected, either systematically or according to their issuer. The User can also configure their browsing software so that their acceptance or refusal of cookies is offered to them from time to time, before a cookie is likely to be recorded on their terminal.

For cookie management and User choices, the configuration of each browser is different. It is described in the browser's help menu, which will allow you to know how to modify your wishes regarding cookies:

5.6.2.2. Settings using add-ons

The User can also delete or oppose the installation of cookies on their computer by installing a browser extension, such as Ghostery, to download here.

ARTICLE 6. INTELLECTUAL PROPERTY

6.1. Legal protection of Site Content

Site Content may be protected by copyright and database rights. Any representation, reproduction, translation, adaptation or transformation, complete or partial, carried out illegally and without the consent of the Editor or its successors or assigns constitutes a violation of Books I and III of the Intellectual Property Code and may give rise to legal proceedings for counterfeiting.

6.2. Contractual protection of Site Content

The User contractually undertakes to the Editor not to use, reproduce or represent, in any way whatsoever, the Site Content, whether or not protected by intellectual property rights, for any purpose other than their reading by a robot or browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the Site content for indexing purposes.

ARTICLE 7. FINAL PROVISIONS

7.1. Modifications

This Privacy Policy may be modified at any time by the Editor. The conditions applicable to the User are those in force when they connect to the Site. Any substantial modification of this privacy policy will be the subject of information during the User's first connection following their entry into force. This new privacy policy will then need to be subject to new acceptance.

7.2. Entirety

The nullity of one of the clauses of this contract will not result in the nullity of the other clauses of the contract or the contract as a whole, which will retain their full effect and scope. In such a case, the parties must, as far as possible, replace the canceled stipulation with a valid stipulation corresponding to the spirit and object of these provisions.

7.3. Non-waiver

The failure to exercise by the Editor of the rights recognized to it by these provisions may in no case be interpreted as a waiver to assert said rights.

7.4. Languages

These conditions are offered in French.

7.5. Abusive clauses

The stipulations of these conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning abusive clauses in contracts concluded between a professional and a consumer.

ARTICLE 8. DISPUTES

8.1. Applicable law

This Privacy Policy is subject to the application of French law and European regulations, in particular the European Data Protection Regulation.

8.2. Disputes

Under ordinance n°2015-1033 of August 20, 2015, all disputes that may arise in the context of the execution of these general conditions and whose solution could not be found previously amicably between the parties must be submitted to Medicys.

8.3. Arbitration

Any dispute relating to this contract or in relation to it will be settled by arbitration in accordance with the FastArbitre rules of the Digital Institute of Arbitration and Mediation.