Fortrolighedspolitik

TransferNow (hereinafter the "Platform") is an online platform, accessible at the address www.transfernow.net (the "Website") operated by Highsense, a simplified joint stock company with capital of 2,500 euros, whose registered office is located at 23, rue Pasteur in Garches (92380) France, registered at the Nanterre Trade and Companies Register under the number 833 205 669 and with the intra-community VAT number FR60833205669 (the "Company" or “we”).

As Users of the Platform (the "User(s)" or “you”), you can access various file transfer services (the "Service(s)").

Becoming a User of the Platform involves personal data collection. In this context, the protection of your personal data is an absolute priority for the Company.

All personal data provided is processed in accordance with this Privacy Policy, which supplements the Conditions. The definitions applicable in the Terms and Conditions also apply to this Privacy Policy.

By accessing the Services, you voluntarily and expressly accept the Terms and Conditions of the Platform and this Privacy Policy, which authorize the Company to process your data.

If you are acting on behalf of a legal entity, the DPA also applies and will take precedence over the Privacy Policy, particularly in the event of any discrepancy or additional information.

1. The collected personal data

To allow you to fully benefit from the Services and features of the Platform, the Company collects various personal data.

The fact that you communicate personal data to the Company is an entirely voluntary process on your part. You have the possibility to object to it at any time, in accordance with the General Conditions and this Privacy Policy, by modifying your settings, knowing that the withdrawal of your consent does not operate retroactively. This opposition may result in the inability to continue using the Platform, as certain information is required for its use. You also have the option of providing only some of this personal data, depending on your use of the Platform.

This personal data is collected at different times and by various methods:

Use of the Platform

When you use the Platform, the Company's servers automatically record the information created and exchanged using our Services. For example, the Company is aware of all of your session information (which page you visited on the Platform, what data was entered, etc.). This information enables the Company to provide the Services and to compile usage statistics that enable it to improve and maintain them.

In addition, in the context of your use of the Services as a legal entity, the Company acts as a processor of the personal data that may be contained in the files processed in accordance with the provisions of the DPA.

Creation of an Account- File Transfer

When creating an Account: first name, last name, email address, password, company (optional), VAT number (optional), postal address, zip code, city, country. This information is necessary to enable the Company to provide you with a personal space within the Services.

When transferring Files: email address, sender name (optional), possible email address of recipients, subject (optional), message (optional). This information is necessary to enable you to use the Services.

When adding or removing a collaborator: first name, last name, email address, password. This information is necessary to enable you to manage your accounts.

Files

Personal data that may be contained in the User's Files. It is not recommended to include such data in the Files, but this information will be processed in connection with the provision of the Services, or in response to a request from a court or competent authority in accordance with applicable law or regulation, if you choose to include it in the Files.

Log files

The Company receives, when you connect to the Platform, the link of the website from which you arrived and the one to which you go when leaving the Platform. This information allows the Company to compile statistics on the use of the Services.

Payment details

If you order a Subscription, you must pay for it.

The Company will receive:

• Email address
• First and last name
• Zip code

All transactions are carried out by a payment service provider that complies with the obligations applicable to this activity.

The Company will not have access to complete payment information, as this is only transmitted to the payment service provider.

The payment service providers are Stripe and PayPal.

The terms and conditions of the payment service providers are available at the following addresses: https://stripe.com/legal/ssa and https://www.paypal.com/us/webapps/mpp/ua/useragreement-full.

Cookies

The Company, like most websites, uses cookies. Cookies are small data files stored on your device’s hard drive that identify you as a User when you connect to the Platform.

To learn more about the cookies used on the Platform, their purpose, retention period, and to access the documentation links of third-party providers (including Cloudflare, Google, Microsoft, Crisp, Hotjar, etc.), please visit our dedicated cookie management page at the following address: https://www.transfernow.net/en/cookies.

You may accept, refuse, or configure cookies from the consent banner shown during your first visit, or at any time via your browser settings. Only cookies that are strictly necessary for the proper functioning of the Website cannot be refused.

You can prevent cookies from being installed in the following ways:

• By refusing them on the banner provided for this purpose.
• By deleting them using the appropriate browser option.
• Google Chrome: https://support.google.com/accounts/answer/32050?hl=en
• Microsoft Edge: https://support.microsoft.com/en-US/windows/manage-cookies-in-microsoft-edge-view-allow-block-delete-and-use-168dab11-0753-043d-7c16-ede5947fc64d
• Mozilla Firefox: https://support.mozilla.org/en-US/kb/clear-cookies-and-site-data-firefox
• Safari: https://support.apple.com/en-gb/guide/safari/sfri11471/mac

Only technical cookies cannot be refused, as they are necessary for the proper functioning of the Site.

You can accept certain cookies and refuse others, accept all cookies, or refuse all cookies, understanding that this may disrupt the functioning of the Site if they are functional cookies.

These cookies are installed for a maximum period of thirteen (13) months.

2. Retention of the collected information

Once collected, this personal data is stored on the servers of the Company or of any subcontractor of the Company for processing in connection with the use of the Services.

Subprocessors

The Company may use the following processors, who may have access to personal data, which you accept:

• For file storage:
• Scaleway SAS, with its registered office at 8 rue de la Villa de l'Evêque, 75008 Paris, FR.
• OVH SAS, with its registered office at 2 rue Kellermann, 59100 Roubaix, FR.
• DigitalOcean LLC, with its registered office at 101 6th Avenue, New York, NY 10013, USA.
• Cloudflare Inc., with its registered office at 101 Townsend St., San Francisco, CA 94107, USA.
• For the software and application part of the Services:
• Google Cloud France SARL, with its registered office at 8 rue de Londres, 75009 Paris, FR.
• Amazon Web Services EMEA SARL, with its registered office at 31 Place des Corolles, Tour Carpe Diem, 92400 Courbevoie, FR.
• Cloudflare Inc., with its registered office at 101 Townsend St., San Francisco, CA 94107, USA.
• Elasticsearch B.V., with its registered office at Keizersgracht 281, 1016 ED Amsterdam, NL.

This list may be modified at any time by the Company, which will notify you by any means (for example, by modifying the Privacy Policy or by email). In the event of objection, you may terminate the Contract by simple written notification.

The Company undertakes to ensure that the said processor(s) are subject to data protection obligations at least equivalent to those to which it is subject hereunder, it being specified that where such subprocessor fails to fulfill its data protection obligations, the Company shall remain fully liable to the User for the performance by the said subprocessor of its obligations.

Personal data retention

They are retained, unless otherwise provided in the General Conditions, for a period of 36 months.

If the Account is no longer active after this period, or if you delete the Account, personal data will be automatically deleted by the Company, except for data that is strictly necessary for maintaining its commercial accounts and complying with its legal obligations.

Location of personal data

The personal data collected may be stored within the European Economic Area. If you have an Account, you can choose where your Files are stored.

If the data is transferred outside the European Economic Area, our processors have contractually committed to us to comply with rules at least equivalent to those applicable within the European Economic Area, either through an adequacy decision or by signing the European Commission's standard contractual clauses.

Security

The Company ensures that personal data is stored in conditions that comply with industry standards.

In particular, the Company undertakes to comply with the regulations applicable to the security of personal data.

The Site is secured by an SSL certificate.

Communications on the Site are encrypted.

The Company ensures that its employees and service providers responsible for processing personal data are subject to an appropriate confidentiality obligation and the following:

• Do not make any copies of the documents and information media entrusted to them, except those necessary for the performance of this Agreement or with the prior consent of the User and, more generally, guarantee the confidentiality of personal data ; and
• Take all security measures required by Article 32 of EU Regulation 2016/679 of April 27, 2016. These measures should be taken considering the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risks of varying likelihood, to the rights and freedoms of natural persons whose personal data are processed.

In the event of a personal data breach, the Company will inform you as soon as possible.

Updates

To ensure the best functioning of the services and features of the Platform, it is recommended that you regularly update the information appearing in your Profile and, accordingly, correct or delete any inaccurate information.

Right of data subjects

You always remain the owner of the information that you transmit on the Platform concerning you. In this sense, you have, in accordance with Law No. 78-17 of January 6th, 1978 and EU Regulation 2016/679 of April 27th, 2016, a right of access, rectification, limitation of processing and/or erasure of personal data concerning you, as well as the right to object to such processing and the right to portability of personal data. To exercise your rights, please write to the following email address: "privacy(at)transfernow(dot)net" or to the following postal address: Highsense – 23, rue Pasteur - 92380 Garches, France.

A response to your request will be sent to you within thirty (30) days.

You retain the right to file a complaint for breach of the protection of your data with the CNIL (French National Commission for Data Protection and Liberties).

3. Use of the collected information

The information collected is used to enable you to use the various Services offered on the Platform.

Determination of purposes

The Company does not determine the purposes and means of processing personal data. Personal data is processed by the Company only on your instructions entered on the Site in connection with the use of the Services, including with regard to transfers of personal data to a third country or to an international organization, unless the Company is required to do so by European Union or national law; in this case, the Company will inform the User of this legal obligation prior to processing, unless the relevant law prohibits such information on grounds of important public interest.

If the Company considers that an instruction constitutes a violation of Regulation (EU) 2016/679 of April 27, 2016 or any other provisions of European Union or national law relating to the protection of personal data, it will inform you immediately.

No disclosure of personal data

Because the protection of your personal data is essential, the Company undertakes not to sell, rent nor provide in any way your personal information as well as the files processed on the Platform, except under the conditions described in this Privacy Policy and in the General Conditions. However, in various cases the Company will be likely to disclose or share your personal information to third parties, including:

• with your express or implied consent; or
• to comply with the law, the regulations in force, any legal proceedings, court decisions or any other case of mandatory disclosure; or
• to protect the rights, property or safety of the Platform, its members or the public; or
• if the Company is acquired by a third party, in which case the personal data will be transferred to the purchaser, who will replace the Company in the execution of this Privacy Policy; or
• as part of the provision of the various Services and features offered by the Platform, but only when this is necessary for the execution of its operations and the provision of these services and features.

4. Your obligations

As a User of the Platform, you are required to comply with, in addition to legal and regulatory obligations, the obligations arising from this Privacy Policy and the General Conditions.

The Company also calls for your responsibility and to avoid or at least limit the personal data provided in the Files, it being understood that Users are solely responsible for Files, information and content, including sensitive personal data concerning race, ethnic origin, sexual orientation, political opinions, religious or philosophical beliefs, union membership or any health-related information they share.

5. Protection of minors

To protect minors, the User must have reached the age of 18 and have full legal capacity. If you do not do so, you will not be able to use the Platform.

6. Modification of the Privacy Policy

The Company reserves the right to modify, supplement or replace the provisions of this Privacy Policy. In the event of a significant change, the Company undertakes to post, on the Platform, a notification relating to the modification of the Privacy Policy. If you do not accept the amended Privacy Policy, you may exercise your right to refuse by deleting your Account, if you have one, or by no longer using the Platform, if you do not have one.

7. Contact

For any questions, observations, suggestions or complaints, please contact Highsense by email – contact(at)transfernow(dot)net - or by post at the following postal address: Highsense, 23 rue Pasteur – 92380 Garches, France.