PRIVACY POLICY
Preamble:
The company FA FUNGIBLE APPAREL, a simplified joint-stock company with a share capital of 10,000 euros, registered with the Nanterre Trade and Companies Register under number 922055470, undertakes to comply with current legislation in France (Law No. 78-17 of January 6, 1978 "Data Protection Act") and in Europe (Regulation 2016/679 of April 27, 2016 "GDPR"), to ensure the protection, confidentiality, and security of personal data, as well as to ensure respect for the privacy of its customers, visitors, and users of its platform.
In accordance with its values, FUNGIBLE APPAREL attaches great importance to the respect of personal data as well as the privacy of its customers and Internet users. This privacy policy (hereinafter "the Policy") describes how FUNGIBLE APPAREL collects and processes personal data of people browsing its site, placing an order with it, or using one or more features offered by its platform. The Policy also specifies the legal bases on which FUNGIBLE APPAREL relies to process personal data and set their retention periods.
In any case, FUNGIBLE APPAREL undertakes to respect the following principles:
➢ Your data is only used for explicit, legitimate, and determined purposes in connection with the different functionalities offered on the platform;
➢ Only personal data that is useful for these purposes is collected and processed by FUNGIBLE APPAREL;
➢ You are informed in a clear and transparent manner of the purpose of using personal data collected about you and of your rights regarding data protection.
Article 1: Definitions
The terms and expressions mentioned below will have the meaning given to them in this article, namely:
"Client": means any person placing an order for a personalized product through the Platform;
"Cookies": means trackers that allow access to information stored in the User's terminal equipment;
"Order": means any order placed by the Client through the Platform (purchase of personalized products);
"Recipient": means the natural or legal person who receives the communication of Personal Data, whether or not a third party;
"Personal data": means any information relating to an identified or identifiable natural person directly (by name or first name, for example) or indirectly (in particular by reference to an identifier, such as an identification number, location data, or an online identifier);
"Data subject" / "You": means the natural person identified or identifiable and whose Personal Data is processed by FUNGIBLE APPAREL as a User or as a Client;
"Platform": means all digital spaces and technical and computer solutions accessible to Clients and Users from the website accessible at the following URL: www.fungibleapparel.com;
"Controller": means the natural or legal person who alone or jointly determines the purposes and means of processing personal data. In this case, the company FUNGIBLE APPAREL is responsible for the processing;
"Processor": means the natural or legal person who processes Personal Data on behalf of the Controller;
"Processing": means any operation or set of operations carried out or not using automated processes and applied to personal data or sets of personal data, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, communication by transmission, dissemination, or any other form of making available, alignment, or interconnection, restriction, erasure, or destruction;
"Third party": means any natural or legal person authorized, public authority, service, or body other than the data subject, the Controller, the Processor, and the persons who, under the direct authority of the Controller or the Processor, are authorized to process Personal Data;
"User": means any person browsing the Platform, customer or not of FUNGIBLE APPAREL;
"Personal data breach": means a breach that results, accidentally or unlawfully, in the destruction, loss, alteration, unauthorized disclosure of, or access to personal data transmitted, stored or otherwise processed;
Article 2: When are your data collected?
Your Personal Data, as a User and/or Customer of FUNGIBLE APPAREL, may be collected in the circumstances listed below:
➢ During visits and browsing of the Platform;
➢ When placing an Order (purchase of a personalized product);
➢ During exchanges during the delivery of a product;
➢ During contacts with after-sales service;
➢ During exchanges with the community via the FUNGIBLE APPAREL discord server;
➢ During exchanges and/or contact between you and FUNGIBLE APPAREL.
Article 3: For what purposes are your data processed?
Processing of your Personal Data is carried out by FUNGIBLE APPAREL exclusively for the following purposes:
➢ Management of prospects;
➢ Placing and managing an order via the Platform;
➢ Payment for the order;
➢ Delivery of the order;
➢ Follow-up of the contractual relationship with customers;
➢ Exchanges with the community;
➢ After-sales service;
➢ Follow-up of statistics and measurement of audience on the Platform;
➢ Improvement of navigation on the Platform.
Article 4: On what legal basis are your data collected? How long are they kept?
➢ Purpose Data collected Legal basis Duration of conservation
➢ Management of prospects
➢ Contact details (name, first name, pseudonym, email address, telephone number)
➢ Consent Up to 3 years from the last contact with the person concerned
➢ Connection to the Platform
➢ Wallet address (Digital asset wallet)
➢ Contract
➢ Duration linked to the applicable prescription period following the execution of the contract
➢ Management of product orders & delivery
➢ Identification data and contact details (name, first name, email address, postal address, telephone number)
➢ Contract
➢ Duration linked to the applicable prescription period following the execution of the contract
➢ Remote payment by credit card
➢ Card number, expiration date, visual cryptogram
➢ Contract Until full payment
➢ Management of bank claims
➢ Contact details, card number Legal obligations 15 months
➢ After-sales service Contact details and billing data Legal obligations
➢ Duration linked to the applicable prescription period following the execution of the contract
➢ Commission payouts Wallet address; banking details
➢ Contract Duration linked to the applicable prescription period following the execution of the contract
➢ Exchanges with the community
➢ Name, first name or pseudonym Legitimate interest
➢ Until disconnection from the FUNGIBLE APPAREL discord server
➢ Analysis of interactions (Audience measurement)
➢ Contents, establishments, pages consulted, IP addresses
➢ Consent 6 months
Regarding the retention periods, it is understood that FUNGIBLE APPAREL only retains your Personal Data for as long as necessary to achieve the purposes for which they were collected, including to meet any legal or accounting requirements.
The Data is stored and archived on a Cloud server with appropriate security measures.*
Article 5: Who are the recipients of your data?
Personal Data concerning you may be processed by the following persons:
➢ Authorized members of the FUNGIBLE APPAREL team;
➢ Providers authorized by FUNGIBLE APPAREL to carry out deliveries of personalized products;
➢ Providers of information systems and support for the activity of FUNGIBLE APPAREL (e.g.: IT service providers, remote payment, various cybersecurity, hosting and/or maintenance services).
Your Data will not be communicated to other persons without your consent.
The third parties with whom FUNGIBLE APPAREL shares your data are limited (by law and contract) in their ability to use your personal data for the specific purposes identified by FUNGIBLE APPAREL. In any case, FUNGIBLE APPAREL makes its best efforts to ensure that the recipients of your personal data are subject to confidentiality and security obligations in accordance with this Privacy Policy, applicable laws and in particular with the GDPR and the French Data Protection Act in its latest version in force. FUNGIBLE APPAREL only allows them to process your personal data for specific purposes and in accordance with its instructions and restricts this data to what is strictly necessary to achieve the desired purpose.
Article 6: Are your data transferred outside of the European Union?
If the processing of your personal data involves a transfer outside the European Union, these transfers would be made in exchange for appropriate guarantees regarding security and confidentiality in compliance with applicable regulations (in particular, standard contractual clauses, in accordance with the models of clauses validated by the European Commission).
Article 7: What are your rights?
As a data subject, you have different rights. However, these rights are not absolute and are subject to certain conditions, in accordance with the GDPR and other applicable texts, in particular the French Data Protection Act n° 78-17 of 6 January 1978, known as the "Informatique et Libertés" Law.
7.1 The right of access
You have the right to obtain from FUNGIBLE APPAREL confirmation as to whether or not your personal data are being processed by FUNGIBLE APPAREL, as well as information on how they are being processed. You also have the right to obtain a copy of the personal data concerning you processed by FUNGIBLE APPAREL.
7.2 The right to rectification
You may request that FUNGIBLE APPAREL take measures to correct your personal data if it is inaccurate or incomplete. For example, if FUNGIBLE APPAREL has the wrong name or address for the delivery of personalized products ordered by you.
7.3 The right to erasure (the "right to be forgotten")
You may request the erasure or deletion of your personal data. For example, when there is no longer any compelling reason for FUNGIBLE APPAREL to continue using them.
7.4 The right to restrict processing
You have the right to request the restriction of processing of your personal data or to prevent further use of your personal data. The processing restriction will not prevent the retention of your personal data, but FUNGIBLE APPAREL will not be able to use them beyond the limits you wish to impose.
7.5 The right to data portability
You have the right to retrieve and reuse certain personal data concerning you. This right only applies to personal data that you have provided to FUNGIBLE APPAREL, that it processes with your consent, for the purpose of executing the contract and processed by automated means.
If applicable, FUNGIBLE APPAREL will provide you with a copy of your personal data in a structured, commonly used and machine-readable format (where technically possible). FUNGIBLE APPAREL may also, if you wish, transmit (to the extent possible) this type of personal data directly to another data controller.
7.6 The right to object
You have the right to object to certain types of processing, for reasons related to your particular situation, at any time, to the extent that this processing has taken place for legitimate interests pursued by FUNGIBLE APPAREL. In any case, FUNGIBLE APPAREL will be authorized to continue processing your personal data if it is able to demonstrate that the processing of personal data is justified by freedoms or if such personal data is necessary for the establishment
7.7 Right to withdraw your consent
When FUNGIBLE APPAREL processes your personal data on the legal basis of your consent, you have the right to withdraw your consent at any time. However, you are hereby informed that the withdrawal does not affect the lawfulness of the processing that took place before the exercise of this right of withdrawal, and that you will no longer be able to benefit from the features offered by the Platform.
7.8 Right to provide us with instructions on the use of your personal data after your death
You have the right to provide FUNGIBLE APPAREL with instructions on the management (e.g. retention, erasure and disclosure) of your personal data after your death. You can modify or revoke your instructions at any time.
7.9 Right to lodge a complaint with the CNIL
In the event that you are not satisfied with FUNGIBLE APPAREL's response to your complaint or if you believe that the processing of your personal data is not in compliance with the applicable regulations on the protection of personal data, you may lodge a complaint with the competent supervisory authority for the protection of data. The Commission Informatique et Libertés (CNIL) is the data protection authority in France.
Article 8: How can you exercise your rights?
If you wish to exercise any of your rights, you can contact us at the following email address: contact@fungibleapparel.com.
To better understand your rights, you can visit the CNIL website (www.cnil.fr/fr/comprendre-vos-droits).
When exercising your rights, an identity document may be requested, particularly in order to preserve the security of the processing to which the request relates. A response will be sent to you, depending on the complexity of your request, within the time limits prescribed by Article 12.3 of the GDPR.
Article 9: How are your personal data protected?
FUNGIBLE APPAREL ensures that personal data is processed securely and confidentially, including when certain operations are carried out by Subprocessors. To this end, FUNGIBLE APPAREL implements appropriate technical and organizational measures to prevent the loss, misuse, alteration, and deletion of your personal data. These measures are adapted according to the level of sensitivity of the personal data processed and the level of risk presented by the processing of this data or its implementation.
If a breach of the security of personal data concerning you occurs, FUNGIBLE APPAREL will inform you within the time and according to the modalities specified by the applicable legal and regulatory provisions.
Article 10: Can this Policy be changed?
FUNGIBLE APPAREL reserves the right to modify this Privacy Policy.
If the modifications are changes in form, the new policy will apply immediately. If the modifications or updates are substantial (e.g. insertion of a new purpose), the modifications will be brought to your attention.
If consent collection were required again, FUNGIBLE APPAREL would naturally proceed to a new collection of consent.
In any case, you are invited to regularly consult this Privacy Policy to be fully informed about how FUNGIBLE APPAREL processes your personal data.
This privacy policy has been translated from French to English. To read the French version, visit this page:
https://drive.google.com/file/d/1EHBKNfwBJF48eKDRBZPhLh9u7ACgffOt/view?usp=sharing