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1. General Information

Here you can find some general information about us and the Services.

1.1. About the Privacy Policy

This privacy policy (the “Privacy Policy”) governs the processing of personal data collected from individual users (“you” and “your”) through the following websites and software applications:

The Privacy Policy does not cover any third-party websites, applications or software that integrate with the Services or any other third-party products and services.

1.2. Data controller

The Services are owned and operated by Happyweb Consulting SAS having an address at 817 706 195 R.C.S. Montpellier, 1400 Rue de la castelle, 34070 Montpellier VIR-0178, France (“we,” “us,” and “our”).

1.3. Children

The Services are not intended for use by persons under the age of 18. We do not knowingly collect personal data belonging to persons younger than 18. If you become aware that such a person has provided us with his or her personal data and you are a parent or a legal guardian of that person, please contact us immediately and we will remove the child’s personal data from our systems.

1.4. Term and termination

This Privacy Policy enters into force on the effective date indicated at the top of the Privacy Policy and remains valid until terminated or updated by us.

1.5. Amendments

This Privacy Policy can be changed from time to time to address the changes in our business practices, the functionalities of our websites and software applications, laws, regulations, and industry standards. The amended version of the Privacy Policy will be posted on this page and, if we have your email address, we will send you a notice about all the changes implemented by us. We encourage you to review our Privacy Policy to stay informed. For significant material changes in the Privacy Policy or, where required by the applicable law, we may seek your consent.

1.6. Our role as a data processor

We may act in the capacity of a data processor in situations when, within the scope of the services provided through the Services, our clients upload or generate data and digital files (the “Service Data”) and that Service Data contains personal data. We do not own, control, or make decisions about the personal data included in the Service Data and such personal data is processed only in accordance with our client’s instructions. Our clients act as data controllers and they are responsible for deciding what personal data should be collected from data subjects and how such data should be processed. In the situations when we act in the capacity of a data processor, we comply with data processors’ obligations. Also, in order to ensure that personal data is processed in accordance with the strictest data protection standards, we provide a data processing agreement (the “DPA”) based on the EU Standard Contractual Clauses. You can receive a copy of our DPA for conclusion by contacting us at privacy@happyweb.io.

2. What data do we collect?

Here we explain in detail what personal data we collect from you, for what purposes we use it, what technical data is collected automatically when you use the Services, and how we communicate with you.

2.1. Sources of personal data

We obtain your personal data from the following categories of sources:

• Directly from you. For example, if you submit your personal data when you register your use account, conclude a service agreement with us, or contact us;
• Directly or indirectly through your activity on the Services. When you use the Services, we automatically collect technical information about your use of the Services by means of cookies and analytics services; and
• From third parties. We may receive information about you from third parties to whom you have previously provided your personal data, if those third parties have a legal basis for disclosing your personal data to us (for example, for payment processing purposes).

2.2. Collection of personal data

We comply with data minimisation principles. This means that we collect only a minimal amount of personal data that is necessary for your use of The Services. We use your personal data for limited, specified and legitimate purposes explicitly mentioned in this Privacy Policy. For example, we use it only for the purposes of providing you with access to The Services, maintaining and improving the Services, replying to your enquiries, and pursuing our legitimate interests. We do not repurpose your personal data. This means that we do not use it for any purposes that are different from the purposes for which your personal data was provided. Below, you can find an overview of the types of personal data that we collect, the purposes for which we use it, and the legal bases on which we rely when processing it.

• Newsletter. When you subscribe to our newsletter, we collect your name and email address. We use such information to deliver you our newsletter. The legal basis on which we rely is ‘your consent’. We store your name and email address in our database until you unsubscribe from our newsletter.
• Quotes. When you request a quote from us, we collect your name, email address, and information about your project. We use such information to deliver you the requested quote and contact you, if necessary. The legal basis on which we rely is ‘your consent’. We store your personal data in our database until you stop communicating with us.
• Contracts. When you conclude a service contract with us, we collect your name, email address, business name, business address, business registration number, VAT number, and information about your project. We use such data to provide you with the requested services, maintain our business records, and comply with our legal obligations. The legal bases on which we rely are ‘performance of a contract,’ ‘complying with our legal obligations,’ and ‘pursuing our legitimate business interests’ (i.e., to administer our business). We store your personal data in our database until you terminate your service contract with us, unless the applicable laws require us to store your personal data longer.
• Payments. When you make a payment, we collect your personal data, such as your full name, billing address, payment details (e.g., credit card number, CVV code, and expiration month and year), and IP address. Your payment data is used to process payments and maintain our accountancy records. The legal bases on which we rely are ‘performing our contractual obligations’ and ‘pursuing our legitimate interests’ (i.e., to administer and protect our business). We store such data for the time period prescribed by law.
• Enquiries. When you contact us by email or through the Services, we collect your first name, last name, email address, and any information that you decide to include in your message. We use such data to respond to your enquiries and provide you with the requested information. The legal bases on which we rely are ‘pursuing our legitimate interests’ (i.e., to grow and promote The Services) and ‘your consent’ (for optional personal data). We will store this data until you stop communicating with us.
• Cookies. When you browse the Services, we collect your cookie-related data. We use such information to analyze the technical aspects of your use of The Services, prevent fraud and abuse, and ensure the security of the Services. For more information on our use of cookies, please refer to our Cookie Policy. The legal bases on which we rely are ‘pursuing our legitimate interests’ (i.e., analyze our content and protect the Services) and ‘your consent’. We will store this data as long as analytics records are necessary for our activities or you withdraw your consent.

2.3. Sensitive data

We do not collect or have access to any special categories of personal data (“sensitive data”) from you, unless you decide, at your own discretion, to provide such data to us. Sensitive data refers to your health, religious and political beliefs, racial origins, membership of a professional or trade association, or sexual orientation.

2.4. Refusal to provide personal data

If you refuse to provide us with your personal data when we ask for it, we may not be able to perform the requested operation and you may not be able to use the full functionality of The Services, receive the requested information, or get our response. Please contact us immediately if you think that any personal data that we collect is excessive or not necessary for the intended purpose.

2.5. Collection of analytics data

When you browse the Services, we collect certain technical analytics data collected from you. Such data includes the following information:

• URL addresses from which you access the Services;
• Your device type;
• Your operating system;
• Your browser name and version;
• IP address; and
• Your other online behavior.

2.6. Purposes of analytics data

We use your analytics data to analyze what kind of users access and use the Services, measure your engagement with the Services, see which parts of the Services are interesting to you, improve our content, develop new products and services, and investigate and prevent security issues and abuse. In most cases, such analytics data is non-personal and it does not allow us to identify you as a natural person. However, some of such data like your IP address may be considered personal data and we will make sure that we have the necessary legal basis for processing such data. When we process your analytics data that is personal data, we rely on the ‘legitimate interest’ (i.e., to analyze, improve, and protect the Services) and ‘your consent’ bases.

2.7. Your feedback

If you contact us, we may keep records of any questions, complaints, recommendations, or compliments made by you and the response. Where possible, we will de-identify your personal data (i.e., we will remove all personal data that is not necessary for keeping such records).

2.8. Aggregate and de-identified data

In case your non-personal data is combined with certain elements of your personal data in a way that allows us to identify you, we will handle such aggregate data as personal data. If your personal data is aggregated or de-identified in a way that it can no longer be associated with an identified or identifiable natural person, it will not be considered personal data and we may use it for any legitimate purpose.

2.9. Newsletters

If you opt-in for our newsletter, subscribe to our newsletter, or conclude a service contract with us, we will inform you about our new services, features of the Services, and special offers. The legal bases on which we rely is ‘your consent’ (if you opt-in) and ‘pursuing our legitimate business interests’ (i.e., promoting the Services). You can opt-out from receiving our commercial communication at any time free of charge by clicking on the “unsubscribe” link included in our newsletters or by contacting us directly.

2.10. Transactional notices

If we have your email address and it is necessary to do so, we may send you important informational messages, such as payment receipts, invoices, and other technical or administrative emails. Please note that such messages are sent on an “if-needed” basis and they do not fall within the scope of commercial communication that may require your prior consent. You cannot opt-out from service-related notices.

3. How long do we store your data?

Here we explain for how long we keep your data in our systems and how we delete it.

3.1. Storage of personal data

We and our data processors store your personal data only for as long as such personal data is required for the purposes described in this Privacy Policy or until you request us to update or delete your personal data, whichever comes first. For more details about the period for which each type of personal data is stored, please refer to section 2.2. After your personal data is no longer necessary for its purposes and there is no other legal basis for storing it, we will immediately securely delete your personal data from our systems. We do not store any personal data longer than strictly necessary.

3.2. Storage of non-personal data

We retain non-personal data pertaining to you for as long as necessary for the purposes described in this Privacy Policy. This may include storing non-personal data for the period of time needed for us to examine our activities, fulfill our contractual obligations, pursue our legitimate interests, conduct audits, comply with (and demonstrate compliance with) legal obligations, resolve disputes and enforce our agreements

3.3. Storage as required by law

When we are obliged by law to store your personal data for a certain period of time (e.g., for keeping accounting records), we will store your personal data for the time period stipulated by the applicable law and delete the personal data as soon as the required retention period expires.

4. How do we disclose your data?

Here you can find information about third parties that may have access to your personal data.

4.1. Disclosure to data processors

We keep your personal data in strict confidentiality. However, if necessary for the intended purpose of your personal data, we will disclose your personal data to entities that provide services on our behalf (our data processors). Your personal data may be shared with entities that provide technical support services to us, such as hosting, payment processing, and email distribution services. We do not sell your personal data to third parties and do not intend to do so in the future. The disclosure of your personal data is limited to the situations when it is required for the following purposes:

• Ensuring the proper operation of the Services;
• Delivering you the requested services;
• Processing your payments;
• Responding to your enquiries;
• Pursuing our legitimate interests;
• Enforcing our rights, preventing fraud, and security purposes;
• Carrying out our contractual obligations;
• Law enforcement purposes; or
• If you provide your prior consent to such a disclosure.

4.2. List of data processors

We choose our data processors carefully and make sure that they ensure an adequate level of protection of personal data that is consistent with this Privacy Policy and the applicable data protection laws. The data processors that will have access to your personal data are:

• Our hosting service provider DigitalOcean located in the United States of America;
• Our cloud storage and database service providers Amazon Web Services (AWS) and Google located in the United States;
• Our marketing service providers Google located in the United States and Hotjar located in Malta;
• Our payment service providers Stripe and located in the United States of America and Wise located in the United Kingdom;
• Our live chat and business management service provider Bitrix24 located in the United States;
• Our accounting service provider Dougs located in France; and
• Our independent contractors and consultants.

4.3. International transfers

Some of our data processors may be based outside the country where you reside. For example, if you reside in the UK or a country belonging to the European Economic Area (EEA), we may need to transfer your personal data outside the UK or the EEA. In case it is necessary to make such a transfer, we will make sure that the country in which our data processor is located guarantees an adequate level of protection for your personal data or we conclude an agreement with it that ensures such protection (e.g., a data processing agreement based pre-approved Standard Contractual Clauses).

4.4. Disclosure of non-personal data

Your non-personal data may be disclosed to third parties for any purpose as it does not identify you as a natural person. For example, we may share it with prospects or partners for business or research purposes, for improving the Services, responding to lawful requests from public authorities or developing new products and services.

4.5. Legal requests

If requested by a public authority, we will disclose information about the users of The Services to the extent necessary for pursuing a public interest objective, such as national security or law enforcement.

5. How do we protect your data?

Here you can find information on how we protect your data against breaches.

5.1. Security measures

We implement technical and organizational information security measures that protect your personal data from loss, misuse, unauthorized access and disclosure. The security measures taken by us include proper authentication, use of security headers, secured networks, strong passwords, limited access to your personal data by our staff, anonymisation of personal data (when possible), and carefully selected data processors.

5.2. Security breaches

Although we put our best efforts to protect your personal data, given the nature of communication and information processing technology and the Internet, we cannot be liable for any unlawful destruction, loss, use, copying, modification, leakage, and falsification of your personal data caused by circumstances that are beyond our reasonable control. In case a serious breach occurs, we will take reasonable measures to mitigate the breach, as required by the applicable law. Our liability for any security breach will be limited to the highest extent permitted by the applicable law.

6. How can you manage your personal data?

Here you can find detailed information about the rights that you have with regard to your personal data and how to exercise those rights.

6.1. The list of your rights

You have the right to control how we process your personal data. Subject to any exemptions provided by law, you have the following rights:
Right of access: you can get a copy of your personal data that we store in our systems and a list of purposes for which your personal data is processed;

• Right to rectification: you can rectify inaccurate personal data that we hold about you;
• Right to erasure (‘right to be forgotten’): you can ask us to erase your personal data from our systems;
• Right to restriction: you can ask us to restrict the processing of your personal data;
• Right to data portability: you can ask us to provide you with a copy of your personal data in a structured, commonly used and machine-readable format and move that personal data to another processor;
• Right to object: you can ask us to stop processing your personal data;
• Right to withdraw consent: you have the right to withdraw your consent, if you have provided one; or
• Right to complaint: you can submit your complaint regarding our processing of your personal data.

6.2. How to exercise your rights?

If you would like to exercise any of your legitimate rights, please contact us by using our contact details available at the end of the Privacy Policy and explain in detail your request. In order to verify the legitimacy of your request, we may ask you to provide us with an identifying piece of information, so that we can identify you in our system. We will answer your request within a reasonable time frame but no later than 30 days.

6.3. Complaints

If you would like to launch a complaint about the way in which we handle your personal data, we kindly ask you to contact us first and express your concerns. After you contact us, we will investigate your complaint and provide you with our response as soon as possible (no later than 30 days). If you are not satisfied with the outcome of your complaint, you have the right to lodge a complaint with your local data protection authority (the French data protection authority is CNIL: https://www.cnil.fr).

7. Contact

If you have any questions about this Privacy Policy, your rights, or our data protection practices, please contact us by using the following contact details:

Email address: privacy@happyweb.io

Mail address: Happyweb Consulting SAS, 1400 Rue de la castelle, 34070 Montpellier VIR-0178, France