MIND THE TEA undertakes to comply with the French Data Protection Law (loi « Informatique et libertés ») and with all current legislation regarding personal data processing. The ELO AUDIO Website has been registered with the French Commission nationale de l’informatique et des libertés (CNIL n°1979110).
This Policy also enumerates your rights and details what means you have at your disposal to control the use that is made of your personal data as part of the Elo audio services.
It applies to all personal data processing performed by MIND THE TEA, as data controller, that involves any visitor to the Website or user of our Application and of the Elo audio services.
The data controller of your personal data is the MIND THE TEA corporation, a French société par actions simplifiée with a registered capital of 71 630 Euros, registered with the Paris Companies Register under number 819 411 430, and whose registered headquarters are located at 8 rue Lemercier, 75017 Paris, and which is represented by its President, Alexis BOTAYA.
This Policy is an integral part of the General Terms and Conditions of Sale and Use (hereinafter “GTCSU”) you have agreed to.
Our business makes it necessary for us to collect some personal data from you. However, MIND THE TEA takes care to apply the principle of minimization, and therefore we only collect the data that is strictly necessary for the purposes listed herein.
4.1. When you subscribe and create an Elo audio account
When you subscribe, we collect the personal data that you have voluntarily provided us whilst creating your Elo audio account, viz.: your surname, your given name, your email address and date of birth, as a part of filling out the online profile or provided to us via LinkedIn Connect, Google Connect, or Apple Connect.
4.2. When you navigate to and browse our Website or Application
Information is collected on the services used and the way they are used:
Automatically collected data:
Some data related to the device used:
- technical data (such as the IP address of your computer or mobile devices)
- information about how you browse and use the pages on the website, the advertisements on the Website, and the functionalities of the Elo audio service, exclusively of any other,
- data about your device (the model of the device, the version of its operating system, unique device identifiers) and the cellular network, including the telephone number.
Some data related to the use of the Website or the Application:
- When our services are used, some data is automatically collected and stored in log files: language used, search requests, content read, interactions with the service, most read categories in order to better target the user’s needs; average time spent using the service; statistics about the level of use of the service; the IP address; data such as crashes, system activity, equipment settings, type and language of your browser, date and time of the request and originating URL; cookies enabling unique identification of your browser or your Elo audio / Mind The Tea account.
Location data collected:
Some licence agreements that MIND THE TEA has entered into or may enter into in the future that relate to certain content and services offered by the Elo audio services are restricted to specific geographic areas. Therefore, we need to know in what country you are using the Elo audio services.
This also enables us to make suggestions to you based on your global location, such as reading suggestions, to enable us to properly perform our contractual undertakings.
Various technologies are used to make this possible, including the IP address, GPS data, and other sensors that may, for example, supply MIND THE TEA information about nearby devices, Wi-Fi access points, and cellular towers.
Data from Local Storage – Cookies – Widget
MIND THE TEA might store data on the device you use using mechanisms such as Web browser storage (HTML5) and application data caches.
We also archive some information related to your browsing activity on the Website or Application using Cookies.
Browsing on https://www.eloaudio.com can therefore lead to cookies being stored on the device you use to connect.
A cookie is a text file that a website stores on your computer’s hard drive when you first access it. It allows the website to identify the terminal that the cookie is stored on but does not personally identify you. It stores information about your computer’s browsing activity on the Website (what pages you browsed, the date and time you browsed them, etc.).
Cookies enable MIND THE TEA to improve your browsing experience.
You will be informed about the presence of “cookies” and of their purposes when you first access the Website or the Application, by the presence of an information banner at the bottom of the welcome page. You can then decide to accept cookies, by clicking on “I accept”, or to refuse them. You can also deactivate the Cookies function through your browser’s settings. Because each browser is configured differently, we suggest you consult your browser’s “Help” menu for more complete information. However, should you refuse to accept cookies, you might not be able to use some of our website’s functionalities.
Any cookies placed on your computer by MIND THE TEA expire in less than 6 (six) months.
Lastly, other websites may contain Elo audio widgets (such as the Elo audio “Play” button). When you visit a website containing an integrated Elo audio widget, MIND THE TEA may receive information such as the identification of the website you have visited. The widget can also be used to display personalized content or advertising.
4.3. When you communicate with other members
When the Platform is used to communicate with other members, data on users’ communications are temporarily saved.
4.4. When you pay for Elo audio services
When users pay for the products and services offered on our Platform, the Platform records financial data related to their bank account or credit card.
Processing performed by MIND THE TEA is made necessary by and is restricted to the following legitimate, clear and determined purposes:
allowing the User to access and use the Website;
- managing and optimizing the Website;
- verifying, identifying, and authorizing user-provided data;
- offering the User the possibility of communicating with other users of the Platform;
- making user assistance available;
- personalizing the services by displaying advertising related to the user’s browser history, according to the User’s preferences;
- preventing and detecting fraud, malware (malicious software) and handling security incidents;
- handling potential disputes with users;
- sending commercial and advertising materials, according to the User’s preferences.
Any use of personal data for any other purpose shall require your prior authorization.
MIND THE TEA neither sells nor leases personal data provided by users of the Elo audio services.
Your personal data can only be used to improve our services.
Therefore, for external processing needs, your personal data may, as needed, be sent to third-party data processors for proper performance of our agreement and with the sole aim of carrying out the purposes intended at the time of collection.
We use third-party services for:billing: from GOOGLE and APPLE, whose respective privacy policies are available at the following addresses https://policies.google.com/privacy and https://www.apple.com/legal/privacy;
analyzing data for improving and optimizing the Elo audio services: your Data may be sent to our publisher partners or to service providers for analysis and compilation of statistics about the use of Elo audio services in order to improve or personalize the service provided by Elo audio.
User-chosen Application access settings: your data may be sent to Facebook, Google, or LinkedIn, if you have linked your Elo audio account to your user account of one of the aforementioned services when signing up for the Website or in the settings of your Elo audio account. MIND THE TEA encourages you to read those websites’ privacy policies.
These trusted partners will process your personal information on behalf of MIND THE TEA, in accordance with our instructions, in agreement with the provisions of this Policy and of the Elo audio GTCSU you have agreed to, and they shall be bound by the same privacy and security obligations as MIND THE TEA.
Moreover, MIND THE TEA stores your personal data mainly in France and in the European Union.
Nonetheless, data collected as part of our service may possibly be sent to subcontractors located outside of the European Union and therefore subject to personal data privacy legislation that is less stringent than in France.
We may use their services to answer your questions, provide online payment tools, and to provide us with emailing and SMS services.
They may also be Elo audio partner publishers located outside of the European Union and to whom we may possibly send some of your data in order to enable us to provide our services in those countries.
Lastly, pursuant to applicable legal provisions, we may be required to disclose your personal data to a third party if:
we are required to do so by law or regulation, or if disclosure is necessary for the purposes of an investigation or an administrative or judicial proceeding of any nature, in France or abroad;
a merger or acquisition of all or part of MIND THE TEA by a third party were to occur, which you acknowledge;
we must protect ourselves against any infringement against MIND THE TEA’s rights or property, including the need to ensure this policy is enforced.
Therefore, MIND THE TEA cannot disclose its Users’ Personal Data to third parties except when expressly authorized to do so by the owner of such data; upon the order of legally authorized authorities; upon legal requisition or as part of a court trial.
When you browse our Website or Application, as a normal visitor or user, Elo audio, as an aggregator of content freely available online, will suggest third-party content and source links to third-party owner websites or applications.
MIND THE TEA has no control over the cookies or other functionalities used by those third-party websites or applications, nor over what type of personal data processing they may employ.
Your personal data are retained for a limited time period in order to carry out the purposes for which they were collected and processed. Your personal information may, however, be retained for a longer period of time in order to ensure our compliance with legal obligations, and particularly with applicable statute of limitations.
Data regarding your subscription, your use of our Application, and your payments, will be kept for the entire duration of our contractual relationship. Closing your personal account will lead to the deletion of all personal data enabling you to be identified.
Nonetheless, we may retain some of your data as archives after you close your user account in order to comply with our legal, accounting, and tax obligations, and we may do so for the length of the applicable statute of limitations.
MIND THE TEA has implemented organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access.
MIND THE TEA, directly or via its subcontractors, implements appropriate measures to ensure the safety and integrity of personal data, including:
TLS Technology (SSL Certificate), full encryption of the platform (data stored and servers),
internal checks on collection,
storage and processing of data in a way that prevents all unauthorized access to systems.
From an organizational standpoint, only MIND THE TEA employees and service providers who need to process your personal data as part of their jobs will have access to them. Additionally, these people are bound by a confidentiality agreement and are liable to penalties in the event of misconduct.
However, given the state of technology and the probability of the risk occurring, no security measure is infallible and MIND THE TEA cannot guarantee absolute security.
Moreover, as indicated in the Elo audio GTCSU you have accepted, you are reminded that as a User, you own your Elo audio account and you are responsible for controlling your account and who has access to it. MIND THE TEA suggests, in particular, that you choose a sufficiently secure password when you create your Elo audio account, that you share it with no one, and that if you share your computer or your smartphone, that you log off or switch sessions before you quit the Application.
Pursuant to applicable regulations, and in particular Articles 15 to 22 of the GDPR and Articles 38 to 40 of the French Data Protection Law of 6th January 1978 in its most recent version in force, you may, at any time, provided you prove your identity, exercise:
a right of information and access, allowing you, for example, to verify the data concerning you that we store;
a right of rectification and erasure. You can therefore demand that information concerning you that is inaccurate, incomplete, ambiguous or outdated be rectified, added to, clarified, updated or deleted.
a right to limit processing;
a right to portability. You have the right to have the personal data you have supplied returned to you or, when technically feasible, transmitted to a third party;
a right to object to processing;
a right to deletion;
a right to provide instructions concerning further processing of your personal data after your death;
a right to withdraw your consent. For example, if you have given your consent to the processing of your personal data (e.g. cookies), you have the right to withdraw your consent at any time. Withdrawing your consent does not affect the lawfulness of data processing operations which occurred before you withdrew your consent.
a right not to be the subject of an automated individual decision, including profiling.
You may exercise the abovementioned rights by contacting us at the following email address: email@example.com. We will answer your email within one month following receipt of your request.
Pursuant to the GDPR, we reserve the right to extend our response time by two months because of the complexity and the number of requests. If we do, you will be informed of the reasons for the delay within one month following receipt of your request.
In the event of dispute or disagreement, you may file a complaint with a data protection authority such as the CNIL (www.cnil.fr).
The Elo audio Services will occasionally offer you the chance of participating in promotions, such as lotteries, sweepstakes, offers and/or surveys (“Special Promotions”).
When you sign up for a special promotion, MIND THE TEA may collect, with your express agreement, other personal data than those indicated in this Policy. These other data will be processed, stored, used, and retained in accordance with the stipulations of this Policy.
As a result of technological advances and given the constant rate of legislative and regulatory change, we reserve the right to update this Policy at any time. In this event, the date on which the Policy was updated will appear at the bottom of this document.
Protecting your privacy is a priority for MIND THE TEA, so if you have any questions about this document, please don’t hesitate to contact us at the following email address: firstname.lastname@example.org.
Updated on 10 December 2019