PRIVACY POLICY

 

updated 25th Feb 2020

1. General

LOTANA TECH SAS (whose registered office is located at 82, rue du Faubourg Saint-Honoré, 75008 Paris, France), in its capacity as data treatment operator, attaches great importance to the protection of- and respect for your privacy. This policy is intended to inform you of our practices regarding the collection, use and sharing of information that you provide to us through our application and our website www.eiver.co. This policy (as well as our Terms of Use and any document referred to therein) describes how we handle the personal data we collect and provide to you. We invite you to read this document carefully to know and understand our practices that we implement regarding the processing of your personal data.

2. Data that we collect

We are likely to collect and process the following data:

2.1. 2.1 Data that you send directly to us

By using our Application and / or our website www.eiver.co, you are required to send us information, some of which is likely to identify you (“Personal Data”). This is particularly the case when you fill out forms (such as the registration or contact form), when you participate in one of our Challenges, promotional offers, studies or surveys, when you contact us – whether by phone , email or any other means of communication – or when you tell us about a problem. This information contains or may contain in particular the following data:

2.1.1. The data necessary for registration to the Program that we provide on the Application or access to any other service provided by us. This data includes your e-mail address and password. This information is mandatory. Otherwise, LOTANA TECH SAS will not be able to provide you with the services offered by our Program and you will not be authorized to create an account on our Application;

2.1.2. 2.1.2. The data related to your location when you accepted that we collect and process this data;

2.1.3. 2.1.3. Data about your vehicle;

2.1.4. 2.1.4. A copy of all the exchanges between you and us;

2.1.5. 2.1.5. A copy of all trips made or activities performed on our Application;

2.1.6. 2.1.6. Details of eCoins transactions performed on our App;

2.1.7. 2.1.7. Details of your visits on our Application and the website www.eiver.co and the content you have accessed;

2.1.8. 2.1.8. If applicable, your answers to our surveys and questionnaires and the opinions you have left, this information being particularly likely to be used in the context of research and analysis of user behavior;

2.1.9. 2.1.9. The data we may ask you to provide when you report a problem with our Program or services, such as the subject of your request for assistance;

2.1.10. 2.1.10. A mailing address, especially in the case where we must send you by post an item won during a challenge or ordered on our store.

2.1.11. 2.1.11. Confirmation of receipt and reading of commercial emails, prospecting or information that we would have to send you, subject, if necessary, that you have consented beforehand.

2.2. The data we collect automatically

2.2.1. 2.2.1. In case you connect to our services using the social networking features available, LOTANA TECH SAS will have access to some of the data (including your first name, last name, e-mail address and number of Facebook friends ) of your social network account in accordance with the general conditions of use of the social network concerned. We may also collect some of your Personal Data when you interact with certain features of these social networks, such as “Like” features.

2.2.2. 2.2.2. During each of your visits, we may collect, in accordance with the applicable legislation and with your agreement, if necessary, information about the devices on which you use our services or the networks from which you access our services, such as your IP addresses, connection data, types and versions of smartphone and smartphone operating system and / or Internet browsers used, types and versions of your browser plugins, operating systems and platforms, data regarding your navigation course on our Application and on our website www.eiver.co, including your itinerary on the various pages of our Program URL, the content you access or view, the search terms used, download errors , how long to view certain pages, the advertising ID of your device, interactions with page as well as any phone number used to contact us. Among the technologies used to collect this information, we use cookies (for more information, please refer to paragraph 8).

2.2.3. 2.2.3. We also collect information about your use of our Application and our website www.eiver.co (such as the number of journeys made, your response rate to messages from our Service, your registration date, your average score, etc.)

2.2.4. 2.2.4. Finally, we collect technical information about the model of your vehicle when you send us this information in order to facilitate the filling of the form describing your vehicle.

2.2.5. On proof of your identity and if the conditions of exercise of these rights are fulfilled, you can exercise your rights of access, right of rectification, right of cancellation, right to the limitation of the treatments, right of opposition, right to complain to the authority of control and regulation, about the protection of personal data, and your right to define the fate of your data after your death by contacting us directly (see article 12 below)

2.3. Storage duration of your data

2.3.1. 2.3.1. With the exception of the categories of Personal Data referred to in Articles 2.3.2. and 2.3.3. and 2.3.4. below, your Personal Data is archived at the end of the following periods:

    • 5 years after your last use of our Programs, if you have not closed your account
    • 1 year after closing your account.

2.3.2. 2.3.2. The following categories of Personal Data may be retained for different durations: The content created by you on our Application eiver and on our website www.eiver.co (such as comments, reviews and ratings) are anonymised after the deadlines mentioned in 2.3.1 but remain visible on our Application and on our website www.eiver.co.

2.3.3. 2.3.3. In the event that your Account has been suspended or blocked, we will keep your data for a period of 2 to 10 years from the suspension to avoid any circumvention by you of the current rules of our Program.

2.3.4. 2.3.4. The location data used to calculate the driving score is not stored on our servers. They are converted into acceleration and deceleration information. eiver therefore does not store any location data.

3. How do we use data that we collect ?

We use the data we collect in order to:

FINALITIES LEGAL BASIS
3.1 to execute the contracts concluded between you and us and provide you with the requested information and services; This processing is necessary to fulfill our respective contractual obligations.
3.2 to execute the contracts concluded between us and our business partners and provide you with the requested information and services; This treatment is done on the basis of your consent.
3.3 to send you information about our services by e-mail, SMS or any other means of communication; This processing is necessary to fulfill our respective contractual obligations and / or with your consent.
3.4 to allow you to customize your profile on our Application; This treatment is done on the basis of your consent.
3.5 to give you access and allow you to communicate with our Customer service; This treatment is (i) necessary for the performance of our respective contractual obligations, (ii) carried out with your consent and / or (iii) necessary for the recognition, exercise or defense of a right in court.
3.6 to ensure compliance with (i) the applicable law, (ii) our terms of use, and (iii) our privacy policy. If you fail to do so, we may suspend your account in our Program; This treatment is (i) necessary for the performance of our respective contractual obligations, (ii) carried out with your consent and / or (iii) necessary for the recognition, exercise or defense of a right in court.
3.7 to send to you, in accordance with the applicable legal provisions and with your agreement when the legislation so requires, marketing, advertising and promotional messages and information relating to the use of our services, to the modalities of Challenge, or to suggest to you and you advise on goods or services that may be of interest to you. We may also use your data to send you advertising messages that may be of interest to you on social media platforms or third party sites. If you want more information on this subject, we invite you to read the contractual documents of these platforms; This treatment is based on your consent and / or our legitimate interest (provide you with relevant information).
3.8 to inform you of changes to our services; This treatment is necessary for (i) the performance of our respective contractual obligations, (ii) the fulfillment of our legal obligations and / or (iii) the recognition, exercise or defense of a right in court.
3.9 to manage our Service and perform internal technical operations as part of problem solving, data analysis, testing, research, analysis, studies and surveys; This treatment is based on our legitimate interest (ensuring the security of our Program and improving its characteristics).
3.10 to improve and optimize our Application and our website www.eiver.co, in particular to ensure that the display of our content is adapted to your device; This processing is necessary to fulfill our respective contractual obligations and / or with your consent.
3.11 to allow you to use the interactive features of our Service if you wish; This processing is necessary to fulfill our respective contractual obligations and / or with your consent.
3.11 to help us maintain a safe and healthy environment in our Program; This treatment is (i) based on our legitimate interest (ensuring the security of our Platforms), (ii) necessary to the respect of our legal obligations and / or (iii) necessary for the recognition, exercise or defense of a right in court.
3.13 to evaluate the effectiveness of the advertising messages we send and adapt them to our members. This treatment is based on (i) our legitimate interest (measuring and optimizing the effectiveness of our campaigns) and / or (ii) your consent.
3.14 to analyze your journeys in order to qualify your driving, assign a score and give right to rewards. This processing is based on our legitimate interest (to reward responsible driving).

 

4. Who are the recipients of the information we collect and why do we share this information with them ?

4.1. 4.1 In the context of the use of our Service, some of your information could be transmitted, upon explicit acceptance from you (opt’in), to other members of our community authorized to publish information on our Application, through from your profile or as part of the process of converting eCoins to Rewards.

4.2. 4.2. We also work closely with third-party companies that can access your Personal Data, including:

  • social networking platforms that can offer you features that allow you to include information from your account on their own platform in your Member Profile;
  • our business partners who promote their services in our Program and to which you may decide to subscribe;
  • our business partners on the Application eiver and the website www.eiver.co from which we may eventually advertise our services;
  • the subcontractors we use for technical services or the suppliers of analytical solutions.

4.3. 4.3. We share your data with third parties mentioned in 4.2. above only in the following cases:

4.3.1. 4.3.1. When we engage a service provider in for the delivery of any contract between you and us or to provide or improve our Service;

4.3.2. 4.3.2 When we use search engine and analytical solution providers to improve and optimize our Program;

4.3.3. 4.3.4. When you make a specific request (for example when using the authentication methods provided by the social networks), subscribe to a service provided by one of our partners, ask to benefit from an offer or a coupon proposed by one of our partners);

4.3.4. 4.3.5. When we post, on the websites of our business partners, parts of our Application and our website www.eiver.co through APIs or widgets. In this case, certain information from your Account may also be posted on these sites;

4.3.5. 4.3.6. Where we have the legal obligation to do so or if we believe in good faith that this is necessary to (i) respond to any claim against LOTANA TECH SAS, (ii) comply with any judicial request, (iii) execute any contract concluded with our Members, such as the Terms of Use and this Privacy Policy (iv) in the event of an emergency involving public health or the physical integrity of a person, (v) in the context of investigations, or (vi) to guarantee the rights, property and safety of LOTANA TECH SAS, its members and more generally any third party;

4.3.6. 4.3.7. In the event that we sell or acquire a business or assets, in which case we reserve the right to share your Personal Data with the potential seller or buyer of that business or asset.

4.4. 4.4. If LOTANA TECH SAS or all or part of its assets are bought by a third party, the data in our possession will, if necessary, be transferred to the new owner.

4.5. 4.5. In accordance with applicable law and with your consent when required, we may aggregate data about you that we receive or send to our business partners, including all or part of your Personal Data and information collected through cookies. This aggregated information will only be used for the purposes described in point 3 above.

4.6. 4.6. We draw your attention to the fact that if you decide to let us access some of your information, including your Personal Data, through connection services provided by our business partners, their privacy policies apply also to you. We have no control over the collection or processing of your data by our trading partners on their own platform.

5. Targeted advertising, e-mails and SMS we send to you

In accordance with applicable law and with your consent when required, we may use the data you provide to us on the Application and on the website www.eiver.co for commercial prospecting purposes (for example (i) to send you our newsletters, (ii) to send you invitations to our events or any other communication that may interest you and (iii) display targeted advertisements on social media platforms or third-party sites).
Regarding promotional emails: You can withdraw your consent at any time by (i) unchecking the relevant box in your account, (ii) clicking on the unsubscribe link provided in each of our communications or (iii) by contacting us in the manner described in article 12 below.

With regard to targeted advertising:

  • On social media platforms (for example Facebook, Twitter): you can oppose this process at any time by configuring the parameters relating to the advertising of your account;
  • On third-party sites: You can refer to our Cookies Policy (see §8) to understand how to withdraw your consent.

6. How is your data transferred, and where?

In general, we keep your Personal Data in the European Union. However, since, for example, some of our service providers are located in countries outside the European Union (“Third Countries”), we transfer some of your Personal Data to Third Countries. This can be the case, for example, for third countries for which the European Commission has not taken a decision of “adequate protection”. In such a case, we make sure that this transfer is carried out in accordance with the applicable regulations and guarantees a sufficient level of protection of the privacy and fundamental rights of individuals (in particular by the standard contractual clauses of the European Commission).

Upon request to our Data Protection Officer (dpo at] eiver.co), we can provide you with more information about these transfers (including the standard contractual clauses of the European Commission).

7. What are your rights to your personal data?

7.1. 7.1. You have the right to receive a copy of your Personal Data in our possession (“right of access”).

7.2. 7.2. You can also request the deletion of your Personal Data as well as the rectification of the erroneous or obsolete Personal Data (“right of cancellation and right of rectification”). Please note that we may retain certain information about you when required by law or when we have a legitimate reason to do so. This is for example the case, if we consider that you have committed a fraud or violated our Terms of Use and that we wish to avoid that you circumvent the rules applicable to our Program.

7.3. 7.3. You also have the right to object at any time for reasons related to your particular situation, (i) the processing of your Personal Data for direct marketing purposes or for processing on the basis of our legitimate interest. (“opposition”).

7.4. 7.4. You have the right to limit the processing performed on your Personal Data (“right to limitation”). Please note that this right only applies if (i) you dispute the accuracy of your Personal Data during the period that allows us to verify the accuracy of your Personal Data; (ii) in case of unlawful processing by us and that you require a limitation of their use rather than an erasure, (iii) we no longer need the personal data for the purposes of processing but these are you still necessary for the recognition, exercise or defense of rights in court; (iv) if you exercise your right of objection during the verification period as to whether the legitimate grounds we are pursuing prevail over yours.

7.5. 7.5. You have the right to complain with the competent supervisory authority or to obtain compensation from the competent courts if you consider that we have not respected your rights.

7.6. 7.6. You also have the right to the portability of your data, that is to say the right to receive the Personal Data that you have provided in a structured, commonly used and machine readable and the right to transmit this data to another controller (“right to portability”).

7.7. 7.7. You also have the right to set guidelines regarding the fate of your Personal Data after your death.
To exercise these rights, you may contact our Personal Data Protection Delegate in accordance with the terms and conditions set out in article 12 below.

8. Cookies and similar technologies

You will find below information about the cookies used on the website and in the Application. By accepting cookies, you agree to the processing of your data to the extent and for the purpose stated above.

8.1. 8.1 Why eiver uses cookies ?

Cookies are small files stored in your browser or mobile application memory containing information about your browsing. They allow us, for example, to remember your choices and browsing habits so that you do not have to rephrase them each time or analyze your use of our site or application to improve its operation.

8.2. 9.2 What types of cookies do we use?

8.2.1. 8.2.1. The cookies operating the service. They support the main features of the website or application, such as securing access to your personal space or memorizing your browsing preferences. They also allow us to link pages for smooth navigation or to dynamically modify the content of the site according to your usage path.

8.2.2. 8.2.2. Cookies tracking the use of the website or application. They allow us to compile usage statistics, to understand which pages interest you, to measure the effectiveness of our communications campaigns or to detect anomalies.

8.2.3. 8.2.3. Google Analytics: Google Analytics allows us to measure usage of the site and the Application. We do not collect your personal information (such as your name, address, or hair color) in Google Analytics. We use Google Analytics with the extension “anonymizeip” which guarantees the anonymization of the IP address by shortening it and thus excludes any personal and direct link with you. You may object specifically to the transmission of your data to Google Analytics by using the add-on available at https://tools.google.com/dlpage/gaoptout?hl=en.

8.2.4. 8.2.4. Advertising cookies: These cookies (also called “pixel”) allow us to offer you specific communications on other sites than eiver.

8.2.5. 8.2.5. Facebook: The Facebook Custom Audience cookie, operated by Facebook Inc., 1601 S. California Ave., Palo Alto, CA 94304, USA, allows us to introduce eiver content on Facebook. You can specifically object to the transmission of your data to Facebook by using the add-on module available at http://www.youronlinechoices.eu/.

8.2.6. 8.2.6 Adjust / Crashlytics / Onesignal: the eiver mobile application includes tracers / cookies which allow us to establish usage statistics, follow-up on bug fixes and to send information by push notification. These cookies are essential for the operation of the application.

The French Personal Data Regulation Authority (CNIL) also offers on its website at https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser a wide range of tools to limit the traceability of your navigation on Internet: extensions for your browser to block plotters, sharing buttons on social networks, loading resources from other sites, etc.

9. Confidentiality of you password

You are responsible for the confidentiality of the password you have chosen to access your account on our Application.
You agree to keep this password secret and not to communicate it to anyone.

10. Links to other websites or social networks

Our Application and our website www.eiver.co may occasionally contain links to the websites of our partners or third parties. Please note that these websites have their own privacy policy and that we are not responsible for the use made by these sites of the information collected when you click on these links. We invite you to read the privacy policies of these sites before sending them your Personal Data.

11. Modification of our privacy policy

We may modify this privacy policy. In all cases of a substantive change requiring a new acceptance, we will inform you and / or seek your agreement. We advise you to check this page regularly for any changes or updates to our privacy policy.

12. Contact

For any question regarding this privacy policy or for any request concerning your personal data, you can contact us by:

  • e-mail to our Privacy Officer at dpo at] eiver.co filling in the online form on our website
  • or by sending us a regular mail at the following address:
    LOTANA TECH SAS – For the attention of the Data Protection Officer –182, rue du Faubourg Saint-Honoré, 75008 Paris, France

Version updated on November 15th 2022