Confidentiality Policy

1. INTRODUCTION
The protection of your personal data is important to us. We undertake to collect only the data we need to provide you with an optimal service, to ensure its confidentiality and security, including when we use service providers, and to facilitate the exercise of your rights regarding your data.  
We thus comply with all applicable provisions on the protection of privacy and personal data, in particular the amended Act of January 6, 1978 on Data Processing, Files and Individual Liberties as well as the EU Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.    

This privacy policy describes the personal data we collect, how it is used and your rights in this regard. It applies to any user who accesses the application and uses the services offered on the application.   

We reserve the right to change this Privacy Policy at any time. The most current version of this policy governs our use of your information and will always be available on the App or upon request from NEXRISK.   If we make a material change to this Privacy Policy, we will notify you via your email address.  

2. DATA CONTROLLER  
NEXRISK Limited
Limited Liability Company registered in Hong Kong
Registered office: 25/F, Seabright Plaza, 9-23 Shell Street, North Point, Hong Kong
Represented by Cedric Dubois, Director 

3. DATA WE COLLECT 
In the course of using our services and browsing our application, PROXIMITYSTORE collects several categories of data which are detailed below. This data comes from :   
• Information you provide when you register on our application, or when you interact with PROXIMITYSTORE. This personal information is :  
o For the merchant: data allowing you to identify yourself and your store (store name, email, password, address)  
o The identification token generated by the PROXIMITYSTORE server. This is a list of unique characters used during communications with the server to identify the merchant. 
• Location data
We ask for your permission to collect on our application the precise location data of your cell phone via the authorization system that your cell phone’s operating system uses. If you authorize the collection of this data, you can later reverse your choice by changing the location settings on your cell phone. However, this will limit your ability to use certain features of our services.   
•  Navigational Data
We use the user’s cell phone ID for statistical purposes only.  We do not process special categories of data (sensitive data) such as data listed in Article 9 of the GDPR that reveal racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, genetic data, biometric data, data concerning health or data concerning the sex life or sexual orientation of individuals.    

4. PURPOSE
PROXIMITYSTORE processes your personal data for specific, explicit and legitimate purposes.  In particular, this data is intended for:
• The creation and management of your account;
• The use of our services;
• Sending you relevant communications adapted to your needs directly related to the services of the site; 
• To secure the application and the site as well as the data and exchanges taking place on the application and the site;
• To make our services evolve to offer you new features and to adapt to your needs;
• To communicate with you;
• To respond to an injunction from the legal authorities and in particular to fight against fraud and more generally against any criminally reprehensible activity.  

5. LEGAL BASIS FOR PROCESSING
PROXIMITYSTORE processes most of your personal data within the framework of the contract you entered into when you registered on the application by accepting our general terms of use. However, we may process some of your data on the basis of your consent, due to legal obligations or to meet our legitimate interest in processing it.   
PROXIMITYSTORE thus offers you the opportunity to subscribe to its newsletter if you wish to receive relevant communications related to the services offered on the application. 

6. RECIPIENTS OR CATEGORIES OF RECIPIENTS
PROXIMITYSTORE is the sole recipient of the personal data collected.Indeed, we do not communicate your personal data to third party companies or persons.Our service providers do not have access to your personal data.We may, however, share certain information for legal reasons or in the event of a dispute.   
PROXIMITYSTORE does not resell your data and will never transmit your personal data to any third party who may use it for their own purposes, and in particular for commercial purposes and/or direct advertising, without your express consent. Therefore, PROXIMITYSTORE does not disclose personal information outside the situations described in this privacy policy.   

7. TRANSFER OF DATA OUTSIDE THE EU
All our servers on which your data is stored and those of the service providers used to exchange and store this data are located in Europe. 
In the event that PROXIMITYSTORE has recourse to subcontractors located outside the European Union, it undertakes to ensure that its subcontractors present protection measures that are recognized as sufficient within the meaning of the RGPD. This may include subcontractors located in any other country recognized by the European Union as providing an adequate level of protection for personal data (« Adequacy Decision »), subject to a data transfer agreement in accordance with the standard contractual clauses adopted by the European Commission or, any other protection measure recognized as sufficient by the European Commission.   

8. DATA RETENTION PERIOD
PROXIMITYSTORE retains your information for as long as your account remains active, unless you request its deletion or the deletion of your account. In some cases, we may retain information about you by law or for other purposes even if you delete your account.
For example, data used for marketing purposes may be retained for a period of three years after you delete your account, unless you choose to exercise your right to object as described in Section 10.
In addition, the data allowing to establish the proof of a right or a contract, or preserved under the respect of a legal obligation, can be the subject of an intermediate archiving policy for a period corresponding to the legal prescription period (and in particular the common law period of 5 years).     

9. DATA SECURITY
PROXIMITYSTORE implements the appropriate technical and organizational measures to guarantee the security, confidentiality, integrity and availability of the services and to protect the data against destruction, loss, alteration, unauthorized disclosure of personal data transmitted, stored or otherwise processed, or unauthorized access to such data.  
PROXIMITYSTORE undertakes to implement all available means to ensure the security and confidentiality of such data, in particular:
• We encrypt most of our services using https technology;
• The access to your account is done by means of a login and a secure password;
• Access to personal data is strictly reserved to PROXIMITYSTORE employees and service providers who need to access it in order to process it on our behalf. These persons are subject to strict confidentiality obligations.  

10. YOUR RIGHTSIn accordance with the regulations on personal data, you have the right of:
• access (article 15 of the RGPD),
• rectification (article 16 of the RGPD),
• deletion (article 17 of the RGPD),
• limitation of processing (article 18 of the RGPD),
• portability (article 20 of the RGPD),
• opposition (article 21 and 22 of the GDPR),

Access rights
You have the possibility to obtain from PROXIMITYSTORE the confirmation that your data are or are not processed and, when they are, access to said data as well as the following information:
• the purposes of the processing ;
• the categories of data;
• the recipients or categories of recipients to whom the data have been or will be communicated;
• where possible, the period for which the data will be kept or, where this is not possible, the criteria used to determine this period;
• the existence of the right to ask PROXIMITYSTORE to rectify or delete data, or to limit the processing of your data, or the right to object to this processing;
• the right to lodge a complaint with the CNIL;
• where the data is not collected from you, any available information as to its source; the existence of automated decision-making, including profiling, and, at least in such cases, useful information concerning the underlying logic, as well as the importance and the expected consequences of such processing for you.

Where data is transferred to a third country or to an international organization, you have the right to be informed of the appropriate safeguards with respect to such transfer.

Your right to obtain a copy of your data must not infringe the rights and freedoms of others.  

Rights of rectification
You have the right to obtain from PROXIMITYSTORE, as soon as possible, the rectification of data concerning you that are inaccurate. You also have the right to have incomplete data completed, including by providing an additional declaration.

In order to make it as easy as possible for you to exercise this right, we invite you to make these changes and additions directly in your account. If you believe that other data concerning you should be modified or completed and you are unable to make this change yourself, we invite you to request this directly from us by contacting us.

Right to erasure     
You have the right to obtain from PROXIMITYSTORE the deletion of your data as soon as possible if one of the following reasons applies:
• the data is no longer necessary for the purposes for which it was collected or otherwise processed by PROXIMITYSTORE;
• you have withdrawn your consent to the processing of the data and there is no other legal basis for the processing;
• you exercise your right to object under the conditions mentioned below and there is no compelling legitimate reason for the processing;
• the data has been processed unlawfully;
• the data must be deleted to comply with a legal obligation;
• the data has been collected from a child.     

Rights to limitation
You have the possibility to obtain from PROXIMITYSTORE the limitation of the processing of your data when one of the following reasons applies:
• PROXIMITYSTORE verifies the accuracy of the data following your challenge to the accuracy of the data,
• the processing is unlawful and you object to the deletion of the data and demand instead the restriction of their use;
• PROXIMITYSTORE no longer needs the data for the purpose of processing, but it is still necessary for the establishment, exercise or defence of legal claims;
• You have objected to the processing under the conditions set out below and PROXIMITYSTORE will check whether the legitimate reasons pursued prevail over your alleged reasons.  

Right to data portability
You have the right to receive from PROXIMITYSTORE the data concerning you, in a structured, commonly used and machine-readable format when:
• the processing of the data is based on consent, or on a contract and
• the processing is carried out by means of automated processes.

When you exercise your right to portability you have the right to have the data transmitted directly by PROXIMITYSTORE to a data controller that you designate where technically possible.

Your right to data portability must not infringe on the rights and freedoms of others.  

Right to object
You have the right to object at any time, for reasons relating to your particular situation, to the processing of your data based on the legitimate interests of PROXIMITYSTORE. PROXIMITYSTORE will then no longer process the data, unless it can demonstrate that there are compelling legitimate reasons for the processing that override your interests and your rights and freedoms, or may retain them for the establishment, exercise or defence of legal claims.

You may object to the sending of communications. To this end, we provide you with several unsubscribe links on all the emails we send you.

Please note that you do not have to pay a fee to access your personal data or exercise your rights. However, we may charge a reasonable fee if your request is manifestly unfounded, repetitive or excessive. 

We may also contact you to request additional information regarding your request in order to respond to you. Any answer will be brought to you within one month. Exceptionally, we may exceed this one-month period if your request is particularly complex.

11. RIGHT TO APPEAL TO A SUPERVISORY AUTHORITY
The supervisory authority competent to deal with any request concerning us is the Commission Nationale de l’Informatique et des Libertés (CNIL):

CNIL (COMMISSION NATIONALE DE L’INFORMATIQUE ET DES LIBERTÉS)
3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07
Tel : 01 53 73 22 22
(Monday to Thursday from 9am to 6:30pm / Friday from 9am to 6pm)

If you wish to file a complaint with the CNIL, you can fill in the online complaint form available at the following address: https://www.cnil.fr/fr/plaintes

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