Privacy policy for the website SWAP-EUROPE

Foreword

We, [SWAP Europe] and our subsidiaries (hereinafter collectively referred to as "the company", "we" or "our"), take the protection of your personal data seriously and wish to inform you about data protection in our company.

As part of our responsibility under data protection law, additional obligations have been imposed on us by the entry into force of the EU General Data Protection Regulation (Regulation (EU) 2016/679; hereinafter: "GDPR") to ensure the protection of personal data of the data subject being processed (we also address you as the data subject hereinafter referred to as "customer", "user", "you", "your" or "data subject").

To the extent that we decide, alone or jointly with others, on the purposes and means of processing data, this primarily includes the obligation to inform you transparently about the nature, scope, purpose, duration and legal basis of the processing (cf. Articles 13 and 14 GDPR). By this declaration (hereinafter: "Privacy Notice"), we inform you how we process your personal data.1

Our data protection notices have a modular structure.2 They consist of a general part for all processing of personal data and the processing situations that occur each time a website is called (A. General) and a special part, the content of which relates in each case only to the processing situation specified therein with designation of the respective offer or product, in particular the visit of websites as detailed here (B. Visit of websites).

To find the parts that concern you, please refer to the following overview for the subdivision of information on data protection:

Our company:
SAS SWAP Europe, with a capital of €41,000
Company number 51767322400021 RCS Toulouse
VAT number: FR20517673224
Head office: 32 rue Aristide Berges 31270 Cugnaux


A. General

(1) Definitions
As with Art. 4 GDPR, this data protection notice is based on the following definitions:

- "Personal data" (Art. 4 No. 1 GDPR) means any information relating to an identified or identifiable natural person ("data subject"). A person is identifiable if they can be identified, directly or indirectly, particularly by reference to an identifier such as a name, identification number, online identifier, location data or by means of information relating to their physical, physiological, genetic, mental, economic, cultural or social identity characteristics. Identifiability can also be given by means of a coupling of this information or other additional knowledge. The origin, form or medium of the information is irrelevant (photographs, video or audio recordings may also contain personal data).

The "processing" (Art. 4 No. 2 GDPR) means any operation that involves the processing of personal data, whether or not by automated means (i.e., technology-based). This includes in particular the collection (i.e., acquisition), recording, organization, arrangement, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or any other form of provision, reconciliation, combination, restriction, erasure or destruction of personal data, as well as the change of a purpose or a purpose intended on which data processing was initially based.

- "Controller" (Art. 4 No. 7 GDPR) means the natural or legal person, public authority, service or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.

- "Third party" (Art. 4 No. 10 GDPR) means any natural or legal person, public authority, agency or other 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; this also includes other legal entities affiliated with a group.

- "Processor" (Art. 4 No. 8 GDPR) is a natural or legal person, authority, institution or other body which processes personal data on behalf of the controller, in particular according to the instructions of the latter (e.g., an IT service provider). Under data protection law, a processor is not in particular a third party.

The "consent" (Art. 4 No. 11 GDPR) of the data subject means any voluntary expression of will in the form of a declaration or other unequivocal affirmative act, given knowingly and unambiguously, indicating that the data subject consents to the processing of personal data concerning them.

(2) Name and address of the controller.
The controller of your personal data within the meaning of Article 4 No. 7 GDPR is us:
SWAP Europe
32 rue Aristide Bergès 31270 Cugnaux - France
Tel: +33 (0) 820 202 268
Email: [email protected]

For more information about our company, please see the imprint details on our website.

(3) Contact details of the data protection officer
For all questions and as a contact person for data protection within our company, the data protection officer of our company is available to you at any time. Their contact details are as follows:
SWAP Europe
32 rue Aristide Bergès 31270 Cugnaux - France
Tel: +33 (0) 820 202 268
Email: [email protected]

(4) Legal basis for the processing of data
According to the law, any processing of personal data is in principle prohibited and is only permitted if the processing of data falls under one of the following justifications:

- Art. 6 (1) p. 1 lit. a GDPR ("consent"): if the data subject has voluntarily indicated, in an informed and unambiguous manner, by means of a declaration or another unequivocal confirmatory act, that they consent to the processing of personal data concerning them for one or more specified purposes;

- Art. 6 (1) p. 1 lit. b GDPR: If the processing is necessary for the performance of a contract to which the data subject is a party or for the performance of pre-contractual measures taken at the request of the data subject;

- Art. 6 (1) p. 1 lit. c GDPR: If the processing is necessary for compliance with a legal obligation to which the controller is subject (e.g., a legal obligation to keep records);

- Art. 6 para. 1 p. 1 lit. d GDPR: If the processing is necessary to protect the vital interests of the data subject or another natural person;

- Art. 6 (1) p. 1 lit. e GDPR: if the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; or

- Art. 6 (1) p. 1 lit. f GDPR ("legitimate interests"): if the processing is necessary to protect the legitimate interests (including legal or economic) of the controller or a third party, unless the interests or fundamental rights and freedoms of the data subject prevail (in particular if the data subject is a minor).

For the processing we carry out, we indicate below the applicable legal basis in each case. Processing may also be based on several legal bases.

(5) Deletion of data and retention period
For the processing operations we carry out, we indicate below, in each case, the duration of retention of the data by us and the time of their deletion or blocking. If no explicit storage period is indicated below, your personal data will be deleted or blocked as soon as the purpose or legal basis for storage is no longer applicable.

However, storage may take place beyond the indicated duration in the event of (threat of) litigation with you or other legal proceedings, or if storage is required by legal provisions to which we are subject as the controller (e.g., § 257 HGB, § 147 AO), is provided. If the storage period prescribed by legal provisions expires, the personal data will be blocked or deleted, unless further storage on our part is necessary and there is a legal basis for this.

(6) Data security
We use appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or total loss, destruction or against unauthorized access by third parties (e.g., TSL encryption for our website), taking into account the state of the technology, the costs of implementation and the nature, scope, context and purpose of the processing, as well as the existing risks of a data breach (including its probability and impact) for the data subject. Our security measures are continuously improved in line with technological developments.
We will be happy to provide you with more detailed information upon request. Please contact our data protection officer (see under A.(3)).

(7) Cooperation with processors
Like any large company, we use national and foreign external service providers to process our business operations (e.g., for IT, logistics, telecommunications, sales, and marketing). These service providers act only on our instructions and are contractually obliged to comply with the data protection provisions of Art. 28 GDPR.
If personal data concerning you is transmitted by us to our subsidiaries or is transmitted to us by our subsidiaries (e.g., for advertising purposes), this is done on the basis of existing relationships in terms of order processing.

(8) Conditions for the transfer of personal data to third countries
In the context of our business relationships, your personal data may be transmitted or disclosed to third-party companies. These may also be located outside the European Economic Area (EEA), i.e., in third countries. This processing is carried out exclusively for the fulfillment of contractual and commercial obligations and for maintaining your business relationship with us. We will inform you of the respective details of the transfer below at the relevant times.
Some third countries are certified by the European Commission, through so-called adequacy decisions, as having data protection comparable to the EEA standard (a list of these countries as well as a copy of the adequacy decisions can be found here: http://ec.europa.eu/justice/data-protection/inter... However, in other third countries to which personal data may be transferred, the level of data protection may not always be high due to the absence of legal provisions. If this is the case, we ensure that adequate data protection is guaranteed. This is possible through binding corporate regulations, standard contractual clauses of the European Commission for the protection of personal data, certifications or recognized codes of conduct. Please contact our data protection officer (see under A.(3)) if you would like more information on this.

(9) No automated decision-making (including profiling).
We do not intend to use the personal data collected from you for any automated decision-making process (including profiling).

(10) No obligation to provide personal data.
We do not make the conclusion of contracts with us conditional on your providing us with personal data in advance. For you, as a customer, there is also no legal or contractual obligation to provide us with your personal data; however, we may not be able to provide certain offers only in a limited way or not at all if you do not provide the necessary data for this purpose. If this should exceptionally be the case in the context of the products we offer presented below, you will be informed separately.

(11) Legal obligation to transmit certain data
We may, in certain circumstances, be subject to a specific legal or regulatory obligation to provide legally processed personal data to third parties, including public authorities (Art. 6 para. 1 p. 1 lit. c GDPR).

(12) Your rights
You can assert your rights at any time as a data subject regarding your personal data processed by us using the contact details provided at the beginning of point A.(2). As a data subject, you have the right:

- to request information about your data processed by us in accordance with Art. 15 GDPR. In particular, you can request information about the purposes of the processing, the category of data, the categories of recipients to whom your data has been or will be disclosed, the expected retention period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right to lodge a complaint, the origin of your data, if they have not been collected by us, as well as the existence of automated decision-making, including profiling, and, where applicable, significant information about its details;

- in accordance with Art. 16 GDPR, to demand the correction of inaccurate data or the completion of your data stored by us without delay;

In accordance with Art. 17 GDPR, to request the deletion of your data stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the assertion, exercise or defense of legal claims;

In accordance with Art. 18 GDPR, to request the restriction of the processing of your data, to the extent that the accuracy of the data is contested by you or the processing is unlawful;

- according to Art. 20 GDPR, to receive the data you have provided to us in a structured, commonly used and machine-readable format or to request their transfer to another controller ("data portability");

- You have the right to object to the processing in accordance with Article 21 of the GDPR, provided that the processing is based on Article 6 (1) sentence 1 lit. e or lit. f of the GDPR. This is particularly the case if the processing is not necessary for the performance of a contract with you. Unless it is an objection to direct marketing, when exercising such an objection, we ask you to explain the reasons why we should not process your data as we have done. In the case of a justified objection from you, we will examine the merits of the case and either cease or adapt the processing of the data or show you our compelling legitimate grounds on which we will continue the processing.

- According to Art. 7 (3) GDPR, to revoke your consent given once (also before the applicability of the GDPR, i.e., before 25.5.2018) - that is to say your voluntary will, made understandable in an informed and unambiguous manner by a declaration or another unequivocal act of confirmation that you accept the processing of the personal data in question for one or more specific purposes - at any time vis-à-vis us, if you have given such consent. This has the consequence that we can no longer continue the processing of the data that was based on this consent in the future, and that

- in accordance with Art. 77 GDPR, to lodge a complaint with a supervisory authority for the processing of your personal data in our company, such as the supervisory authority responsible for us: [Competent data protection supervisory authority], [address], email: [email address].

(13) Changes to data protection information
In the context of the evolution of data protection law and technological or organizational changes, our data protection information is regularly reviewed to determine whether it needs to be adapted or supplemented. You will be informed of any changes, in particular on our website www.swap-europe.com. This privacy notice is valid from [month and year of publication of the privacy notice].


B. Visiting websites

(1) Explanation of the function
You can obtain information about our company and the services we offer, in particular at www.swap-europe.com as well as on the associated subpages (hereinafter collectively referred to as "websites"). When you visit our websites, personal data may be processed.

(2) Processed personal data6
When using the websites informatively, we collect, store and process the following categories of personal data:

"protocol data": When you visit our websites, a record of protocol data (called server log files) is temporarily and anonymously stored on our web server. This includes:

the page from which the page was requested (so-called referrer URL)
the name and URL of the requested page
the date and time of the request
-the description of the type, language and version of the web browser used
the IP address of the requesting computer, which is shortened so that a personal reference can no longer be established
the amount of data transferred
the operating system
the message indicating whether the call was successful (access status/HTTP status code)
the difference in GMT time zone

"Contact form data": When contact forms are used, the data transmitted accordingly are processed (for example, gender, first name and surname, address, company, email address, and time of transmission).

In addition to the purely informative use of our website, we offer the subscription to our newsletter, with which we inform you about current developments in business law and events. When you subscribe to our newsletter, we collect, store and process the following "newsletter data":
the page from which the page was requested (so-called referrer URL)
the date and time of the request
-the description of the type of web browser used
the IP address of the requesting computer, which is shortened so that a personal reference can no longer be established
the email address
the date and time of registration and confirmation
We would like to emphasize that we evaluate your user behavior when sending the newsletter. For this evaluation, the emails sent contain what are called web beacons or tracking pixels, which are one-pixel image files stored on our website. For evaluations, we associate the aforementioned data and the invisible pixels with your email address and an individual identifier. The links contained in the newsletter also contain this identifier. The data is collected exclusively in a pseudonymous manner, meaning that the identifiers are not linked to your other personal data, a direct personal reference is excluded.

(3) Purpose and legal basis of the processing of data
We process the personal data described in more detail above in accordance with the provisions of the GDPR, other relevant data protection regulations, and only to the extent necessary. To the extent that the processing of personal data is based on Art. 6 (1) p. 1 lit. f GDPR, the aforementioned purposes also represent our legitimate interests.

The processing of connection data serves statistical purposes and the improvement of the quality of our website, in particular the stability and security of the connection (the legal basis is Art. 6 para. 1 p. 1 lit. f GDPR).

The data from the contact form are processed for the purpose of processing customer inquiries (the legal basis is Article 6, paragraph 1, p. 1, lit. b or lit. f of the GDPR).

The newsletter data is processed for the purpose of sending the newsletter. In the context of subscribing to our newsletter, you consent to the processing of your personal data (the legal basis is Article 6, paragraph 1, letter a of the data protection regulation). For the subscription to our newsletter, we use the so-called double opt-in procedure. This means that after your registration, we will send you an email to the email address you provided, in which we ask you to confirm that you wish to receive the newsletter. The purpose of this procedure is to be able to prove your registration and, if necessary, clarify any potential misuse of your personal data. You can revoke your consent to the sending of the newsletter at any time and unsubscribe from the newsletter. You can declare the revocation by clicking on the link provided in each newsletter email, by email to [company email address], or by sending a message to the contact details provided in the legal notice.

(4) Duration of data processing
Your data will only be processed for as long as necessary to achieve the aforementioned processing purposes; the legal bases stated in the context of the processing purposes apply accordingly. Regarding the use and duration of storage of cookies, please refer to point A.(5) as well as the cookie policy [link to cookie policy].
The third parties we use will retain your data on their system as long as necessary in the context of providing services for us, in accordance with the respective order.
For more details on the retention period, please refer to section A.(5) and the cookie policy [link to cookie policy].

(5) Transfer of personal data to third parties; justification basis.
The following categories of recipients, which are generally order processors (see A.(7)), may receive access to your personal data:

-Service providers for the operation of our website and the processing of data stored or transmitted by the systems (e.g., for data center services, payment processing, IT security). The legal basis for the transfer is then Art. 6 para. 1 p. 1 lit. b or lit. f GDPR, to the extent that they are not order processors;
-State agencies/authorities, to the extent that this is necessary for the fulfillment of a legal obligation. The legal basis for the transfer is then Art. 6 para. 1 p. 1 lit. c GDPR;
-Persons designated to carry out our business activities (e.g., auditors, banks, insurance companies, legal advisors, supervisory authorities, parties involved in business acquisitions or the establishment of joint ventures). The legal basis for the disclosure is then Art. 6 para. 1 sentence 1 lit. b or lit. f GDPR.
For guarantees of an adequate level of data protection in the case of the transfer of data to third countries, see A.(8).
Furthermore, we will only share your personal data with third parties if you have given your explicit consent to this in accordance with Art. 6 para. 1 p. 1 lit. a GDPR.

(6) Use of cookies, plugins, and other services on our website

a) Cookie
We use cookies on our websites. Cookies are small text files that are assigned to the browser you use and stored on your hard drive using a characteristic string of characters, through which certain information flows to the entity that establishes the cookie. Cookies cannot execute programs or transfer viruses to your computer and therefore cannot cause any damage. They serve to make the Internet offer as a whole more user-friendly and efficient, that is, more enjoyable for you.
Cookies may contain data that allow the device used to be recognized. In some cases, however, cookies only contain information about certain settings that cannot be linked to a specific person. However, cookies cannot directly identify a user.
A distinction is made between session cookies, which are deleted as soon as you close your browser, and permanent cookies, which are stored beyond the individual session. Regarding their function, a distinction is made between cookies:

Technical cookies: they are mandatory for moving around the website, using basic functions, and ensuring the security of the website; they do not collect information about you for marketing purposes and do not store the web pages you have visited;

Performance cookies: they collect information about how you use our website, the pages you visit and, for example, if errors occur during the use of the website; they do not collect information that could identify you - all information collected is anonymous and is used only to improve our website and find out what interests our users;

-Advertising cookies, Targeting cookies: they are used to provide the website user with personalized advertisements on the website or offers from third parties and to measure the effectiveness of these offers; advertising and targeting cookies are stored for a maximum of 13 months;

-Sharing cookies: they are used to improve the interactivity of our website with other services (e.g., social networks); sharing cookies are stored for a maximum of 13 months.

Any use of cookies that is not absolutely necessary from a technical point of view constitutes data processing that is only permitted with your explicit and active consent in accordance with Art. 6 (1) p. 1 lit. a GDPR. This particularly applies to the use of advertising, targeting, or sharing cookies. In addition, we will only share your personal data processed through cookies with third parties if you have given your explicit consent to this in accordance with Art. 6 (1) p. 1 lit. a GDPR.

b) Cookie policy
For more information on the cookies we use and how you can manage your cookie settings and disable certain types of tracking, please see our cookie policy [link to cookie policy].

c) Social media plugins
We do not use social media plugins on our websites. To the extent that our websites contain icons of social media providers (e.g., [names of social media providers with icons on the company's website]), we use them only to establish passive links to the pages of the respective providers.