Article 1: Personal Data Protection
Data are collected by:
SAS WHOOMIES with a capital of 16 502€ registered under the number 825 268 204 at the Nanterre RCS.
The headquarters are located 45 rue Pauline Borghese 92200 Neuilly sur Seine and the company is represented by its CEO Alexandre ASSAL.
Only some of the support team employees and authorized managers can process the data for the purpose described at article 1.2. These employees and authorized managers only have access to the data necessary to the performance of their duty.
These subcontractors allow WHOOMIES among other things to establish statistics on the volume of traffic and/or the use of the app and/or ensure the smooth operation of the service.
The Member’s personal data identified as “available to the public” at article 1.3 which are visible on his/her profile are only available to the Members he crossed paths with and who fits his/her criteria.
1.2 Purpose of the process of personal data by WHOOMIES
The data collected by WHOOMIES are necessary to the smooth operation and improvement of the service proposed by the App to the Members.
These data can also allow WHOOMIES to realize statistical studies and marketing analysis relating to the use of the App and its services by the Members. It allows WHOOMIES to send promotional messages from advertisers and other partners via the Application. However, WHOOMIES never transfers any personal data of its Members to such advertisers and partners. It allows WHOOMIES to send promotional messages from advertisers and other partners via the Application. However, WHOOMIES never transfers any personal data of its Members to such advertisers and partners.
WHOOMIES can access, store and share the Member’s personal data with authorized third parties in order to answer to a legal demand or to conform itself to legal obligations, to detect or prevent fraudulent activities or security attempt to the services, in application of the legislation.
1.3 Fair Collection of Personal Data Type of data collected
Identity data: The registration form must be completed in order to access the Services, and WHOOMIES collects the data from Facebook, via Facebook Connect, to simplify the process. Members are required to provide some personal data when registering:
- Photos: the Member must at least provide their public Facebook profile picture. The Member then has the option of removing this photo and/or adding other photos to his/her Account from his/her Facebook account or smartphone.
For the sake of transparency, the published photos must represent the member and shouldn’t mislead the other Members on his identity and/ or physical appearance.
These photos cannot represent neither a famous person nor include the photo of a minor, neither represent a racist, chocking, illegal, sexual message nor contained personal information.
The photos are published in the App under the sole responsibility of the Member.
By becoming a Member, the latter accepts the publication of his photos on the App.
- His/her date of birth (only the age calculated based on the date of birth is visible on WHOOMIES via Facebook)
- His/her sex (publicly visible on WHOOMIES
- His/her first name (publicly visible on WHOOMIES)
- His/her interests (publicly visible on WHOOMIES)
- His/her surname (not visible to the public on WHOOMIES)
- His/her e-mail address (not visible to the public on WHOOMIES) . The Member guaranty that he will check the validity of his e-mail address and/or modify it in order to facilitate the communication with WHOOMIES.
The other personal data the Member can add to his/her profile are not mandatory and can by communicated at his/her sole discretion (directly or by Facebook Connect) and under his/her sole responsibility.
A Member can authorize the access to his/her Facebook list of friends in order to see during his visit of another profile on the App the list of shared friends.
The Member may also provide Whoomies with his mobile phone number in order to receive SMS alerts. In all cases, the Member’s e-mail address, surname and phone number shall not be visible or available to the public.
Location Data (geo-tracking): WHOOMIES has for main purpose and vocation to allow Members to find the people living or travelling to the same destination in order to facilitate virtual or real life meet up or flatsharing.
The Member will be asked for permission to collect and process his/her geo-tracking in order to allow WHOOMIES to identify the crossing points with other Members that accepted the geo-tracking.
The news feed is created by these crossing points which permits to propose to the Member only profiles that he crossed path with and that fits his/her criteria.
WHOOMIES may, in case of express consent, access the Member’s position, approximately or more precisely depending on which technology is being used. WHOOMIES does not track the movements and/or itinerary of its Members and reminds keeping only the crossing points between the Members.
The exact position or the itinerary of the Member is available to the other Members.
The Member is free to withdraw his/her consent at any time, and deactivated the geo-tracking technology on his smartphone. By doing that, the Member’s news feed is not updated anymore and the member cannot see the other Members he /she has crossed path with after the deactivation of the geo-tracking technology.
Transaction Data: WHOOMIES does not collect or process any bank data. The Apple App Store, Google Play Store and the Windows Phone Store have opted to refrain from sending certain data to mobile applications, which includes any banking and financial information. Such data is collected and processed solely by the above platforms, and Whoomies does not have the option of changing this payment method.
Communications Data exchanged: Communication data is stored on WHOOMIES’s servers solely in order to provide the Service that allows conversations between members.
Messages and vocal messages are strictly private and shall only implicate the Members in question. No managers or employees hold or exercise any rights to view these conversations or the circumstances surrounding them, including those authorized to process data except in case of judicial request, legislative or administrative disposition and/ or in case of element of proof provided to WHOOMIES by a Member in the eventuality of a reporting.
Moreover, these strictly private Messages shall not be accessible to other Members who have not participated in such Messages, or to unconcerned Internet users or any third parties.
Research preference Data: research of person that are 16 to 70+ years old.
The Member should modify and fill in the age range and gender of the people they are looking for in order to see only the profiles they are looking for with that fit their criteria. Whoomies collects this data and undertakes to comply with Article 8 of the French Data Protection Act (loi Informatique et Libertés) of 6 January 1978.
Mobile Data: When the Member uses the Application, WHOOMIES collects server logs which may include information such as IP addresses, operating systems or application crashes. WHOOMIES cannot access its Members’ browsing history.
1.4 Complementary information concerning the data collected
WHOOMIES ensures that the personal data the Member has published on the Application is strictly invisible to non-registered internet users and third parties. WHOOMIES cannot be held liable for data published on its platform and disclosed by a Member.
1.5 Sensitive Data
Certain data is legally classified as ‘sensitive’ pursuant to Article 8 of the French Act n° 78-17 of January 6, 1978, known as the Loi Informatique et Liberté (French Data Protection Act).
The Member may decide to provide sensitive data related to him/her on his/her description such as (for example and not limited to) his/her ethnic origin or political views, and thereby expressly consents to the collection of such sensitive data.
The Member won’t be in any case forced to give us some sensitive data and WHOOMIES does not encourage the disclosure of such sensitive data. Despite that, if the Member decides to disclose such data on his/her profile, the disclosure is considered as an express consent to the collect and process of these data by WHOOMIES.
1.6 Member Rights
In accordance with Act no. 78-17 of 6 January 1978, known as the loi Informatique et Libertés (French Data Protection Act), each Member has the right to access, correct and contest his/her personal data. WHOOMIES is attentive to its Members’ concerns, and therefore undertakes to comply with personal data protection rules and deal with requests of this kind as soon as possible. Subject to proof of identity, Members may exercise their rights by sending a letter or e-mail to the address shown in Article 17 of these TCOU.
- The right to access allows the Member to ask Whoomies for data pertaining to him/her in an accessible format, based on Article 39 of the French Data Protection Act.
- The right to correct grants the Member the right to ask Whoomies to correct, add to, update or delete any personal data pertaining to him/her which is inaccurate, incomplete, ambiguous, out-of-date, or whose use, communication or storage is prohibited based on Article 40 of the French Data Protection Act;
- The right to contest grants the Member the free-of-charge and discretionary right to contest the use of its data by Whoomies for the purpose of commercial prospection, based on Article 38 of the French Data Protection Act.
- The right to cancel grants the Member the right to ask the suppression free of charge of the data transmitted to Whoomies within the limit of the legal obligation imposed to Whoomies as a hosting provider.
- The right for the Member to set his or her guidelines for the retention, deletion and communication of his or her personal data after his or her death, based on Article 40-1 of the French Data Protection Act.
These rights may only be exercised within the limits of WHOOMIES’s resources as regards its linking with Facebook Connect. Some of the data is sent to Whoomies by Facebook Connect and cannot be corrected without Facebook’s assistance.
The Member can at his/her initiative rectify most of his/her personal data on the App.
1.7 Lack of cession of your personal data
The personal data, visible or not to the other Members, are not commercialized by WHOOMIES to third parties.
1.8 Storage of Personal Data
WHOOMIES will store the Member’s personal data for as long as required in order for the Member to use his/her Account. The Member is however informed that all of his/her personal data shall be stored for one year after his/her account is deleted so that it can be reallocated if the Member signs up again.
Furthermore, please note that in accordance with its status as a hosting provider, WHOOMIES has a legal obligation to retain some of Members’ personal data for a period of one year based on Article 6, II of the French Trust in the Digital Economy Act (Loi pour la Confiance dans l’Economie Numérique) of 21 June 2004.
Pursuant to the Decree of 25 February 2011 pertaining to the retention and communication of data, the retention period applied to Whoomies is calculated from the moment the content is created for data referred to by 1° and 2° of Article 6, II of the French Trust in the Digital Economy Act, i.e.:
- The username used to log in which is at the source of the communication;
- The username assigned to the content by the information system;
- The protocol types used;
- The operation type;
- The operation dates and times;
- The username used by the originator of the operation if provided by the latter.
The retention period applied to Whoomies is calculated from the moment the agreement is cancelled or the profile is deleted for the data referred to by 3° of the same Article, i.e.:
- First names and surnames
- Any aliases used
- Linked e-mail addresses or Accounts
- Phone numbers
- The password and data used to verify or amend the profile (most recent version).
WHOOMIES undertakes to make every effort and to invest all means at its disposal in order to guarantee that the stored data is as secure as possible. It is however the Member’s responsibility to take appropriate action in order to protect his/her data.
WHOOMIES shall collect data from minors (16+).
1.9 Transfer of Personal Data outside the EU
When registering, the Member expressly consents to his/her data being transmitted to subcontractors and hosted on servers by our service providers outside the European Union, for proper provision of the service, to the end of elaborating statistical studies and for the purpose of providing customer care support to Members.
Whoomies guaranties that the transfers are made in conditions ensuring the confidentiality and security of the data and providing for an adequate level of protection with respect to the article 68 and 69 of the French “Loi informatique et Liberté” of 1978.
Article 2: CNIL Declaration
2.1 CNIL Declaration
The Application collects information on its Members, has been the object of declarative formalities to the CNIL (under n°2073612).