PERSONAL DATA PROTECTION POLICY

Last modified: May 2018

 

It is normal to place special emphasis on how your data is obtained, used and shared.

That is why this personal data protection policy (the “Policy”) has been created to help you understand the practices and conditions in which PrestaShop SA (a public limited company entered on the Paris company and trade register under no. 497 916 635, having its offices at 12, rue d’Amsterdam, 75009, Paris, (“PrestaShop”) gathers, uses and stores your personal data (the “Data”).

In this document you will find the various Data that we may collect and process or that you may provide to us when you access the https://prestashop.com website (the “Website”) as well as https://www.prestashop.com/forums (the “Forum”) and https://www.prestashop.com/club (the “Userclub”).

The abovementioned URLs are collectively referred to as the “Websites”.

Use of the all the Websites is subject to this Policy.

Given that laws and regulations on technology and personal data protection are constantly evolving, this Policy is likely to be updated.

If you use the Websites, you will be notified of any modifications by email.

If any of the clauses in this Policy should be declared null and void or contrary to regulations, that clause will be deemed nugatory, but will not result in any other clauses in this Policy becoming null and void.

This Policy applies to Data collected on forms enabling Users to:

  • Download the documentation available on the Website and/or the PrestaShop solution and/or create a user account for the PrestaShop Ready Solution. For the latter, we recommend you read the Personal Data Protection Policies for each of those two services,
  • Register for the Forum and/or Userclub,
  • Contact us and/or contact our partner agencies,                
  • Book training courses,
  • Notify us of illicit content,
  • Subscribe to the Newsletters for the PrestaShop solution and/or events organised by or involving PrestaShop and/or the official PrestaShop blog.

It does not apply to information collected by any third party or through websites managed by the latter, including via applications and content (including advertisements) redirecting users to the Website.

Please read the Policy carefully to clearly understand our practices regarding the processing of your Data. Please be aware that you must agree to this Policy in order to view and/or use our Websites.

If you do not agree, please do not use our Websites.

You are responsible for ensuring any Data provided to PrestaShop is complete and up to date.

 

1. WHAT DATA DOES PRESTASHOP COLLECT?

Depending on the nature and purpose of your interaction with PrestaShop (downloading the solution, creating a user account in the Forum and Userclub, subscribing to one or more Newsletters, completing contact forms, and any telephone conversations), we may collect the following Data:

  • Your email address is required on all of our forms, specifically if you wish to:
    - Download the documentation available on the Website and/or the PrestaShop solution and/or create a user account for the PrestaShop Ready Solution. For the latter, we recommend you read the Personal Data Protection Policies for each of those two services,
    - Register for the Forum and/or Userclub,
    - Contact us and/or contact our partner agencies,
    - Book training courses,
    - Notify us of illicit content,
    - Subscribe to the Newsletters for the PrestaShop solution and/or events organised by or involving PrestaShop and/or the official PrestaShop blog.
  • Data relating to your identity, such as your full name, email address and telephone number may be required.
  • Data relating to browsing: Data relating to how you use the Websites, including: IP address, browser used, browsing duration, search history, operating system used, language and pages viewed.
  • Data about your visits to our Websites, including traffic data, logfiles and other data or communication resources used by you when accessing our Websites.
  • Data about social network use when you use those features.                                                                                       

 

2. HOW IS MY DATA COLLECTED?

Data can be collected in several ways on the Websites.

It may be collected directly when you communicate with us through user account creation and Newsletter subscription forms available on our Websites, when you download the solution and documentation available on the Website, when you book training courses and when you notify us of illicit content. 

Furthermore, we are likely to collect your Data when you use the various contact forms on the Website and/or communicate with PrestaShop by telephone or email.

When you contact us via these various means, a copy of your conversation with PrestaShop, including email addresses, is created and archived.

You can also send us information for publication (the “Contributions”) on our free access Websites or from other users and third parties.

Your Contributions posted on the Websites are published at your own risk.

PrestaShop cannot control the actions of other users of the Websites on which you share your Contributions.

Therefore we cannot guarantee that your Contributions will not be viewed by unauthorised users.

Requests to delete Contributions published on the Websites must be sent to privacy@prestashop.com.

In some situations, Contributions cannot be deleted.

In this case, you will be informed of the reason.

PrestaShop also indirectly collects your Data through cookies and tracers.

Please read our Cookies Policy which has been created to help you better understand this technology and how we use it on our Website and for our services, applications and tools.

 

3. WHY IS MY DATA COLLECTED?

We collect and use your Data to:

  • Display our Websites and their content to you.
  • Enable you to use our services (access the PrestaShop solution, documentation, training courses, Forum and Userclub),
  • Enable us to contact you and/or put you in contact with our partner agencies,
  • Offer you the Newsletters, products and services you have requested,
  • Notify you of changes to our Websites and our range of products and services,
  • Uphold our rights and duties as stipulated in contracts signed with users, as well as for all other legal purposes.

We also use cookies and tracers for:

  • Improving your user experience, namely by:
    - Enabling our Websites to recognise your equipment, saving you from having to provide the same information several times to perform the same task,
    - Recognising the user name and password you have provided so you do not have to enter them again for each page requiring it.

 

  • Analysing traffic and data on the Websites to:
    - Measure the number of users and subsequently make the Websites easier to use and ensure they can quickly respond to your requests,
    - Evaluate browsing habits and accelerate your searches,
    - Help us understand how you use our Websites in order to improve them.

 

4. WHO PROCESSES MY DATA?

Your Data is processed by PrestaShop employees tasked with:

  • Managing the Websites,
  • Managing training courses,
  • Managing partnerships with agencies,
  • Legal tasks.

In addition to our PrestaShop teams, your Data may be sent to PrestaShop Inc., a subsidiary of PrestaShop SA, whose offices are located at 175 SW 7th Street, Suite 209, Miami, FL 33131, USA.

Your Data will also be provided to the partner agency when you complete the contact form on the Website page for that agency.

Your Data may also, within the scope of our business and for external processing needs, be provided to subcontractors, service providers and other third parties, particularly for managing our email campaigns (Newsletters) sent out through our service intermediary, IBM France, 17 Avenue de l’Europe, 92275 Bois-Colombes Cedex.

The latter are bound by contractual obligations to maintain the confidentiality of the Data and to use it solely for the purposes for which we provide them.

Your Data may also be sent to any buyer or successor in the event of the merger, transfer, restructuring, reorganisation, dissolution or other sale or transfer of some or all of PrestaShop’s assets due to uncertainties, bankruptcy, liquidation or other processes in which the Data of Users of PrestaShop’s various websites are listed among the transferred assets.

Lastly, we may also disclose your Data:

  • To comply with legal mandates, laws and legal procedures, including governmental and regulatory requests,
  • If we deem that disclosure is required or appropriate within the scope of protecting the rights, ownership or security of PrestaShop, our clients and other stakeholders. This disclosure includes exchanging information with other companies and organisations for the purpose of protecting against fraud and counterfeiting.

 

Links to third party websites

The Website may contain links to various social network platforms managed on third party servers by people and organisations over which PrestaShop has no control.

As such, we cannot under any circumstances be held liable for the way in which your Data is stored or used on those third party servers.

We recommend that you read the applicable policy regarding personal Data protection for each third party website you access via our Website in order to understand how your Data will be used.

 

5. HOW LONG IS MY DATA STORED FOR?

PrestaShop only stores your Data for the period necessary for the purposes explained in Article 3.

This storage period varies according to the Data in question, as it may be affected by the nature and purpose of the collection. Similarly, certain legal obligations stipulate a specific storage period.

When you subscribe to our Newsletters, we store your email address until you unsubscribe.

When you contact PrestaShop using the various contact forms or telephone number, your Data will be stored for three (3) years from the date of the last exchange with PrestaShop, then deleted.

If you contact us to become a partner agency or partner, your Data will be stored for the full term of the contract period and for five (5) years from the date the contractual relationship ends.

Within the scope of the Forum and/or Userclub, your log in data will be stored for one (1) year from the date of each log in.

Data relating to your Forum and/or Userclub user account will be stored for the entire period of your registration and for two (2) years from the date you close your account.

When you want to download one of our guides and agree to receive our Newsletters, or subscribe to our PrestaShop Newsletters or PrestaShop blog at www.prestashop.com/en/blog, your Data will be stored until you unsubscribe.

When you notify PrestaShop of illicit content, the storage period for your Data may vary depending on the offence in question and its applicable statutory limitation period.

When you contact us through a contact form to take part in one of our training courses, all the Data relating to your participation in that course will be stored for ten (10) years from the course date.

Lastly, Data collected using cookies/tracers will be stored for up to six (6) months for cookies and tracers measuring audience and up to thirteen (13) months for others.

 

6. HOW IS MY DATA PROTECTED?

Your Data is stored on secure servers protected by firewalls and antivirus software.

We have implemented technical and organisational measures intended to protect the security and confidentiality of your Data against any accidental loss and any unauthorised access, use, modification or disclosure.

Given the inherent characteristics of the internet, we cannot guarantee the optimal security of information exchanged over this network.

We strive to protect your Data, but cannot guarantee the absolute security of information sent to the Website. You agree that you provide your Data at your own risk.

We cannot be held liable for any failure to comply with privacy settings and security measures implemented on our Websites.

As such, you agree that the security of your information is equally your responsibility. For instance, you are responsible for keeping your user account password confidential.

Never provide it to any third parties. Similarly, be careful when you share information in the public sections of the Website as they can be viewed by all Website users.

 

7. WHAT ARE MY RIGHTS?

You can choose how the Data you provide is used:

  • You can browse the Website without providing Data.

If you do this, you will not be able to use certain features of the Websites, namely downloading the PrestaShop solution and documentation, registering for the Forum and Userclub, and booking a training course.

  • You can decide to no longer receive the newsletter.

Simply unsubscribe using the link in the email with the newsletter.

  • You can decide not to provide your email address in the various contact forms.

Please be aware that in this case you cannot receive a reply from PrestaShop or the partner agency you want to contact.

In any case, you can access your Forum and Userclub user accounts at any time to view and update your Data.

In accordance with the provisions of the applicable regulations regarding Data protection, namely the European General Data Protection Regulation 2016/679 (the “GDPR”) and the French Data Protection Act no. 78-17 of 6 January 1978 and its amendments, you have the right to access and correct your Data.

You also have the right to stipulate directives relating to the fate of your Data in the event of your death.

Furthermore, subject to the conditions of the aforementioned regulation for exercising your rights, you have:

  • The right to erasure of your Data,
  • The right to limit processing of your Data,
  • The right to object to the processing of your Data on legitimate grounds, in accordance with article 21 of the GDPR,
  • The right to portability for the Data you have provided,
  • The right to withdraw consent, when it has been asked.

When processing of your Data has occurred based on your consent, you may withdraw that consent at any time. However, you acknowledge that any processing that occurred before your consent was withdrawn remains entirely valid.

You also have the right to object, without providing a reason, to PrestaShop profiling you based on your Data, when content or communications are sent for commercial solicitation.

However, in accordance with Article 12.6 of the GDPR, when you exercise these rights, PrestaShop, as the controller, reserves the right to require proof of your identity. Please be aware that the data required to prove your identity will be deleted once we have responded to your request.

You can exercise your rights by sending an email in French, English or Spanish to privacy@prestashop.com or writing to:

 

PrestaShop S.A – Service Réclamation

Données Personnelles

12, rue d’Amsterdam, 75009 Paris, France.

 

We are required to reply within one (1) month to all requests regarding the exercising of these rights. This timeframe may be extended to two (2) months for complex requests and large request volumes.

Lastly, you also have the right to lodge a complaint with CNIL (the French National Commission for Information Technology and Civil Liberties), namely via its website at www.cnil.fr.

 

8. DOES PRESTASHOP TRANSFER MY DATA OUTSIDE THE EUROPEAN UNION?

Data collected within the scope of using the Websites is hosted by Jaguar Network, 71 avenue André Roussin, BP 50067, 13321 Marseille, Cedex 16, France, whose servers are located in the European Union, Canada and the United States.

As such, your Data may be transferred outside of the European Union, to the United States for hosting purposes.

By using the Websites, you agree to your Data being transferred to those servers.

 

 

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