Privacy Policy

Last update: 15 September 2023

We attach great importance to the protection of your personal data and take great care to ensure compliance with the protective provisions relating to privacy and the processing of personal data, in particular European Regulation n°2016/679 of 26 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and Law n°78-17 of 6 January 1978, known as the "Data Protection Act", as amended in 2018 (the "Legislation in Force").

We invite you to carefully read this privacy policy (the "Policy"), which contains important information on how we collect, use and communicate some of your personal data that you send to us in order to meet your needs but also to optimise and improve the quality of the services we offer you.

‍For the purposes of these Terms of Use, "you", "your" or "the User" means the natural person whose personal data is collected for processing hereunder and who is a "data subject" within the meaning of the Applicable Law, as defined below :‍

"User Account" means the account created by the User on the Solution enabling him/her to access the Service.

1. WHO ARE WE?

The Formance solution (the "Solution"), available at the URL https://formance.com, which enables its users to build and track custom money flows for their platform or application (the "Service"), as well as the showcase website available at the URL www.formance.com (the "Showcase Website"), are provided to you by the company GOLDILOCKS, simplified joint stock company with a single shareholder, registered under the Paris trade and companies register, No. 898 531 371, with its registered office located at 9, rue des Colonnes, 75002 PARIS - France (hereinafter referred to as "FORMANCE").

You can contact our Data Protection Officer at the following email address: support@formance.com.

When you visit the Showcase Website, for the purpose of informing you about the Solution and the Service, we act as a "data controller" within the meaning of the Legislation in force.

In the context of your use of the Service through the Solution, we are also acting as a "data controller" within the meaning of the Legislation in force.

You can contact our Data Protection Officer at the following email address: support@formance.com

‍When you visit the Showcase Website, for the purpose of informing you about the Solution and the Service, we act as a "data controller" within the meaning of the Legislation in force.

In the context of your use of the Service through the Solution, we are also acting as a "data controller" within the meaning of the Legislation in force.

2. PERSONAL DATA COLLECTED

2.1 Information provided by the User

When you use the Solution or browse the Website Vitrine, some of your personal data such as your identification data (name, first name, gender, date of birth), your contact details (email address, postcode), your IP address, your location data, and your browsing history on the Solution or the Website Vitrine may be processed. We also reserve the right to keep an archive of all contacts you make with us.

2.2 Information automatically collected

We may monitor your use of the Showcase Website, the Service and the Solution through cookies and other similar tracking devices. For example, we may track the number of times you use the Showcase Website, the Service or the Solution, the data traffic on the Solution, your IP address, your location data and your browsing history. This information helps us to determine the profile of our users and allows us to establish statistics, traffic volumes and use of the various elements of the Solution and the Showcase Website in order to improve their ergonomics and interest. When using cookies, the data will be aggregated, which means that we will not be able to identify you individually. For more information on the use of cookies, please see the dedicated section below.

2.3 Information provided by third parties

As part of the Services, we may receive information about you from third parties who hold personal data about you that you have indicated to us, including third party payroll, payment or other providers connected to the Solution. This information will be automatically added to the information collected about you, in order to best meet your needs and to optimize and improve the quality of the services we offer you.

3. HOW WE USE YOUR PERSONAL DATA

We use your personal data as a data controller for the following purposes

  • your use of the Website ;
  • to manage your enquiries;
  • sending you our newsletter;
  • statistical analysis;
  • prevention and detection of fraud, malware and management of security incidents;
  • your use of the Service and the Solution;
  • identifying you or the User Accounts you have created to use our Services;
  • manage enquiries or support requests in connection with your use of the Solution.
  • improve the Service, the Solution and our Website;

In accordance with the Legislation in force, the processing of your personal data is based on at least one of the following legal bases your consent to this processing; the proper performance of the contractual relationship between you and us or the performance of pre-contractual measures at your request; compliance with Applicable Legislation; our legitimate interest in selling our products and services and improving them or maintaining the Website or the Solution.‍

4. HYPERTEXT LINKS

The Solution and the Showcase Website may contain hypertext links to the websites of our partners and third parties (in particular social networks and partner merchants). Please note that if you follow these links, the websites and services provided will be governed by their own terms of use and privacy policies. We cannot be held responsible if their terms of use and privacy policies do not comply with current legislation. We advise you to read the privacy policies and terms of use applicable to these websites before providing your personal data and using these websites.

5. DISCLOSURE OF YOUR PERSONAL DATA

For the purposes set out in section 3, we may transfer some of your data to :

  • IT service providers, in order to host your data, maintain our systems, the Showcase Website, our services, the Solution and the Service, or monitor the performance of the Showcase Website, the Service, the Solution and the User experience;
  • third parties holding personal data about you, at your request and in the context of the execution of the Services;
  • third parties to whom the User has given consent to access the personal data we collect;
  • commercial partners, with your consent, so that they can offer you their services;
  • business partners, after anonymisation of your data for statistical purposes;
  • our advisers, such as our lawyers and accountants, and any potential purchaser and their advisers, and new transferees or beneficiaries of the business if our business is sold or merged with another company;
  • representatives of law enforcement, judicial or administrative authorities or other authorised third parties, subject to our ethical obligations regarding confidentiality, in response to a request for information if we believe that the disclosure of such information is lawful or required by Applicable Law.

6. SECURE STORAGE OF YOUR DATA

We use appropriate technical and organisational measures to protect your personal data, for example

  • access to your User Account is controlled by a unique password and user name;
  • we store your personal data on secure servers.

While we are committed to using our best efforts to protect your personal data, you acknowledge that the use of the Internet is not completely secure and that, as such, we cannot guarantee the security or integrity of any personal data provided by you or provided to you via the Internet.

7. TRANSFERS OUTSIDE OF THE EUROPEAN UNION

Your personal data is processed within the European Union, unless we notify you of the transfer of your personal data outside the European Union.

8. YOUR RIGHTS

You have the right to access, rectify or delete your personal data, to limit the processing of your personal data, to object to the processing of your personal data and to have your data ported.

You also have the right to set out instructions regarding the retention, erasure and communication of your personal data after your death.

Where processing is based on your consent, you also have the right to revoke it.

You may exercise these rights at any time by sending your request, together with proof of identity, to the email address given at the beginning of this Policy or by post to the following address: 9 Rue des Colonnes, Paris 75002.

Any request should specify the personal data you wish to access, rectify, delete or replace or whose processing you wish to limit or invoke portability. Your User Account information may be requested to facilitate the processing of your request.

We reserve the right to ask you for proof of your identity to verify its accuracy before exercising these rights.

You may also lodge a complaint with the Commission Nationale de l'Informatique et des Libertés if you consider that the processing of your personal data infringes your data protection rights.

9. DATA RETENTION PERIOD

Your data will be retained for a period not exceeding that necessary to fulfil the purposes set out in this Policy.

If your data is no longer required for the purposes set out in this Policy, it will be routinely deleted unless it is necessary to keep it for longer:

  • to ensure compliance with legal, accounting and tax retention obligations, i.e. 10 years ;
  • for the conservation of evidence during the applicable limitation periods, i.e. 5 years;
  • for commercial prospecting purposes, i.e. 3 years from the end of our commercial relationship with you or from our last contact with you.

Furthermore, if we find that your User Account has not been used for more than 2 years, we will delete your personal data.

10. USE OF COOKIES

10.1. Our cookies

A "cookie", also known as a "tracker" or "cookie" is a small text file containing data that is stored on a terminal (computer, tablet, smartphone...) when you browse a website. We use cookies and other similar tracking devices, such as tags and web beacons on our Solution and our Showcase Website to:

  • recognise you when you use the Solution, for example to speed up your access to the Service by allowing you to log in automatically to your User Account each time you log in to the Solution;
  • obtain information about your preferences, your online movements and your use of the Internet in order to produce statistics and improve the ergonomics of our Showcase Website and the Solution;
  • to conduct statistical research and analysis to improve the content of the Website, the Service and our services and to help us better understand your expectations and needs as a prospect or User;
  • to make your online experience more functional and enjoyable.

If you have accepted the storage of cookies on your browser, the cookies embedded in the pages and content you have consulted may be stored temporarily in a dedicated space in your browser. They will only be readable by the sender. This information will not be stored for more than 13 months.

10.2. Cookies provided by third parties

We work with third party suppliers such as Google who may also install cookies on the Solution or the Showcase Website for anonymised statistical purposes. These third parties are responsible for these cookies installed on our Solution or Showcase Website. If you need more information, we invite you to consult the privacy policies of these third parties, which are available on their website.

10.3 Deactivation of cookies

If you are not satisfied with the use of cookies, you can easily delete them by accessing your browser's cookies folder. You can also set your browser to block cookies or to send a warning message before a cookie is placed on your computer. For more information about cookies and how to disable them, please visit www.aboutcookies.org or www.allaboutcookies.org.