Privacy and use of personal data policy

(February 21, 2024)

⚠️ This automatic translation is provided for your convenience. Only the original French version has a legally-binding value.

DEFINITION OF TERMS USED IN THE PRIVACY POLICY

Are designated, at the end of this policy, as:

"Personal data", "Personal data", "Data" or "Data" : " any information relating to a natural person identified or who can be identified, directly or indirectly, by reference to an identification number or to one or more elements which are specific to it ", in accordance with the Data Protection Act of January 6, 1978.

"Service" : the OpenWindMap service and all content and applications developed by its publisher, as defined in the General Conditions of Use and the Specific Conditions of Membership.

"Policy": this privacy and use of personal data policy.

"Publisher" or "We" : OpenWindMap SCIC SA, legal entity responsible for the publishing and content of the Service.

"Site": The openwindmap.org website and related services, whether the User accesses it through a browser, or through a possible ad hoc application provided by the Publisher.

"User" or "You" : the Internet user visiting the Site and using the Service.

"Cookie" : HTTP cookie or any other similar technical device (LocalStorage, SessionStorage, etc.).

ARTICLE 1 - INTRODUCTION AND ROLE OF THE PRIVACY POLICY

This Policy aims to inform you of the Publisher's commitments with regard to respect for your private life and the protection of Personal Data concerning you, collected and processed during your use of the Service.

It is important that you read this Privacy Policy so that you are aware of why we use your Data and how we do it.

By registering on the Service, you agree to provide us with truthful information about yourself. The communication of false information is contrary to the general conditions governing access to the Service.

Please note that this Policy may be modified or supplemented at any time, in particular with a view to complying with any legislative, regulatory, jurisprudential or technological developments. The date of its update will be clearly mentioned, if applicable.

These modifications bind you as soon as they are posted online and we therefore invite you to consult this Policy regularly in order to be aware of any possible modifications.

You will also find a description of your privacy rights and how the law protects you.

If you have any questions regarding this Policy or if you would like to exercise your rights as described in Section 9 of this Privacy Policy, please contact us by email at: contact@openwindmap.org .

ARTICLE 2 - DATA COLLECTED ON THE SITE

The data collected and subsequently processed by the Site are those that you voluntarily transmit to us by completing the various forms present within the Site (both from a browser and via any application provided by the Publisher). For certain operations on content, you may be required to transmit Data concerning you to third party partners through their own services, more specifically during the payments that you may make. We will not have access to said Data, their collection and processing being governed by the conditions specific to these parties. We invite you to consult their conditions before communicating your Data in this context.

Generally speaking, you can visit the openwindmap.org site and use the mobile applications without disclosing any personal information about yourself. In any case, you have no obligation to transmit information. However, in the event of refusal, you may not be able to benefit from certain information or services.

We also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data may come from your personal information but is not affected by the law as such because this data does not directly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users who access a specific feature of the Site.

We do not collect so-called "sensitive" data.

The contact details of Users of the Site who have registered on it will be saved, in compliance with the provisions of the data protection and freedom law of January 6, 1978. In accordance with the latter, they have a right of access and withdrawal, modification of the Data they have provided. To do this, they simply need to make a request to the following email address: contact@openwindmap.org .

The collection of Users' Personal Data by the Publisher does not require a declaration to the French authority for the protection of Personal Data (the Commission Nationale de l'Informatique et des Libertés -- CNIL).

The Data collected by the Publisher, and the purposes of their collection are:

Name, First name(s) and postal address(es): for billing purposes, and under legal obligations

Phone: for connection purposes, sending a new password in case of loss, and security alert(s)

Email address: for billing purposes, login, sending new password, sending occasional information

IP address and browser information : for IT security purposes

Location ( only when authorized by the User ) : for purposes of focusing and automatic zooming on the map

ARTICLE 3 - IDENTITY OF THE DATA CONTROLLER

The data controller is the company OpenWindMap SCIC SA, having its head office at the following address: 110 impasse de Pré Baron, 73110 La Chapelle Blanche, France.

ARTICLE 4 - RECIPIENTS AND USE OF COLLECTED DATA

The Data collected by us is processed for the purposes of carrying out operations on the content of the Service.

You may receive electronic mail (emails) from our Service, in particular in order to send you important information concerning the evolution of the Service. You can request to no longer receive these emails by contacting us at contact@openwindmap.org or on the link provided for this purpose in each of the emails sent to you.

Only OpenWindMap is the recipient of your personal information. These are never transmitted to a third party, notwithstanding the subcontractors that the Publisher may use. Neither the Publisher nor its possible subcontractors commercialize Users' Personal Data.

We require all third parties to ensure the security of your Personal Data and treat it in accordance with the law. We do not allow our third party service providers to use your Data.

ARTICLE 5 - LEGAL BASES GOVERNING DATA PROCESSING

In accordance with the General Data Protection Regulation (GDPR), the Publisher only processes personal data in the following situations:

with your consent ;

when there is a contractual obligation (a contract between the Publisher and you);

to meet a legal obligation (under EU or national law).

ARTICLE 6 - DATA SECURITY

You are informed that your Data may be disclosed in application of a law, a regulation or under a decision of a competent regulatory or judicial authority or, if this proves necessary, for the purposes, for 'Publisher, to preserve his rights and interests.

We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used, modified, disclosed or accessed without authorization.

ARTICLE 7 - DATA RETENTION PERIOD

The Data is stored by the host of the Service, whose contact details appear in the legal notices of the Service, and is kept for the duration strictly necessary to achieve the purposes referred to above and cannot exceed 36 months, unless otherwise provided by regulations. . Beyond this period, they may be kept for exclusively statistical purposes and will not give rise to any exploitation of any nature whatsoever.

ARTICLE 8 - AUTHORIZED SERVICE PROVIDERS AND TRANSFER TO A THIRD COUNTRY OF THE EUROPEAN UNION

the Publisher informs you that it may use authorized service providers to facilitate the collection and processing of the Data that you have communicated to us. These service providers may be located outside the European Union and have communication of the Data collected through the various forms present on the Service.

the Publisher has previously ensured the implementation by its service providers of adequate guarantees and compliance with strict conditions in terms of confidentiality, use and protection of Data. In particular, vigilance was focused on the existence of a legal basis for carrying out any transfer of Data to a third country. As such, some of our service providers are subject to internal corporate rules (or "Binding Corporate Rules") which were approved by the CNIL in 2016 while the others obey not only Standard Contractual Clauses but also the Privacy Shield , or the General Data Protection Regulation (GDPR).

ARTICLE 9 - COMPUTER RIGHTS AND FREEDOMS

In accordance with the legislation on the protection of Personal Data, you have the rights detailed below which you can exercise, as indicated in Article 1 of this Privacy Policy, by sending us an email to contact@openwindmap.org :

The right to information : we have an obligation to inform you of how we use your Personal Data (as described in this privacy policy).

The right of access : this is your right to make a request for access to the Data concerning you in order to receive a copy of the Personal Data that we hold. However, due to the Publisher's obligation of security and confidentiality in the processing of Personal Data, you are informed that your request will be processed provided that you provide proof of your identity, in particular by production of a scan or photocopy of your valid identity document.

The right to rectification : the right to ask us to rectify Personal Data concerning you that is incomplete or inaccurate. Under this right, the legislation authorizes you to request the rectification, updating, blocking or even erasure of Data concerning you which may be inaccurate, erroneous, incomplete or obsolete.

The right to erasure, also known as the "right to be forgotten" : in certain cases, you can ask us to delete the Personal Data that we have about you (except if there is a legal reason imperative which obliges us to keep them).

The right to limit processing : you have the right in certain cases to ask us to suspend the processing of Personal Data,

The right to Data portability : you have the right to ask us for a copy of your Personal Data in a common format (for example a .csv file).

The right to object : you have the right to object to the processing of your Personal Data (for example, by prohibiting us from processing your Data for direct marketing purposes). However, the exercise of this right is only possible in one of the following two situations: when the exercise of this right is based on legitimate grounds or when the exercise of this right aims to prevent the data collected is used for commercial prospecting purposes.

**Right to define directives relating to the fate of the Data after death **: you have the right to communicate to us the fate that you reserve for your Data after your death, such as for example ordering the destruction of the Data, or its transmission to a person of your choice.

**Right to refuse to be the subject of a decision based exclusively on automated processing of your Data **: unless such a decision is essential for the conclusion or execution of a contract with the Publisher, or where such a decision is based on your explicit consent.

Contact us if you wish to exercise any of the rights described above by writing to us at contact@openwindmap.org

You will not have to pay any fees for access to your Personal Data (nor for the exercise of any other rights). However, we may charge you a reasonable fee if your request is manifestly unfounded, repetitive or excessive. In this case, we may also refuse to respond to your request.

the Publisher will be entitled, where applicable, to oppose requests that are manifestly abusive due to their systematic, repetitive nature, or their number.

We may ask you for specific information in order to confirm your identity and ensure your right to access your Personal Data (or to exercise any other rights). This is a security measure to ensure that this Personal Data is not delivered to a person not authorized to receive it. We may also contact you to obtain more information regarding your request, in order to give you a quicker response.

We try to respond to all legitimate requests within one month. This one-month deadline may be exceeded if your request is particularly complex or if you have made several requests. In this case, we will notify you and keep you informed.

ARTICLE 10 - COMPLAINT TO THE DATA PROTECTION AUTHORITY

If you consider that the Publisher is not respecting its obligations with regard to your Personal Data, you can send a complaint or a request to the competent authority. In France, the competent authority is the CNIL to which you can send a request electronically at the following address: https://www.cnil.fr/fr/plaintes/internet .

ARTICLE 11 - COOKIE POLICY

The Publisher only uses Cookies used to ensure the essential functionalities of the site, which cannot be deactivated. These include session identifier, authentication, load balancing session Cookies as well as Cookies for customizing your interface. In accordance with the recommendations of the National Commission for Information Technology and Liberties (CNIL), these Cookies are exempt from the prior collection of your consent to the extent that they are strictly necessary for the operation of the Service. These Cookies are entirely subject to this policy to the extent that they are issued and managed by the Publisher.

The Publisher undertakes not to use any collection of tracking, marketing or social network Cookies when browsing the Site or when using the Services.

Most Internet browsers are configured by default so that the deposit of Cookies is authorized. Your browser offers you the opportunity to modify these standard settings so that all Cookies are systematically rejected or only some of the Cookies are accepted or refused depending on their issuer.

PLEASE NOTE: We draw your attention to the fact that refusing to place Cookies on your terminal is nevertheless likely to alter your User experience as well as your access to certain services or features of this Service. Where applicable, the Publisher declines all responsibility for the consequences linked to the deterioration of your browsing conditions which occur due to your choice to refuse, delete or block the Cookies necessary for the operation of the Service. These consequences cannot constitute damage and you will not be able to claim any compensation as a result.

Your browser also allows you to delete existing cookies on your terminal or to notify you when new Cookies may be placed on your terminal. These settings have no impact on your browsing but cause you to lose all the benefits provided by the Cookie.

For more information regarding Cookie control tools, you can consult the CNIL website: https://www.cnil.fr/fr/cookies-les-outil-pour-les-maitriser .

For any questions or requests for additional information relating to this Cookies Policy, please contact us.