Cookies policy

Definitions

Consent: ‘Consent’ of the data subject, any manifestation of free, specific, informed and unambiguous will by which the data subject agrees, by a declaration or by a clear positive act, to personal data concerning him or her being processed (Articles 4(11) of the GDPR)
Confidentiality: To be understood as the contractual framework that protects the personal data entrusted to the company.
Cookie: Small file deposited and/or read while browsing a website, mobile application or software application, regardless of the type of terminal used: Computer, smartphone, digital tablet or video game console connected to the Internet. It’s a small file made up of letters and numbers and downloaded to your computer when you access certain websites.
Processing: ‘Any operation or set of operations which is performed upon personal data or sets of personal data, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;’ (Article 4 (2) of the GDPR)
Personal data: ‘Any information relating to an identified or identifiable natural person (hereinafter ‘data subject’); an ‘identifiable natural person’ is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his physical, physiological, genetic, mental, economic, cultural or social identity’ (Article 4 (1) of the GDPR)
File: ‘Any structured set of personal data accessible according to specified criteria, whether that set is centralized, decentralized or distributed functionally or geographically;’ (Articles 4(6) of the GDPR)
Tracer: Small file deposited and/or read when browsing a website, mobile application or software, regardless of the type of terminal used: Computer, smartphone, digital tablet or video game console connected to the Internet. It’s a small file made up of letters and numbers and downloaded to your computer when you access certain websites.
User: Any individual or legal entity browsing the website (www.phenomename.com).
Parameter: A feature of each web browser, usually in the top right-hand corner, which can be set to choose whether or not to apply certain tracers, even after giving prior consent to their collection.
Website host: The website that hosts this website (www.phenomename.com).
GDPR: General Data Protection Regulation

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Article 1. Legal basis

This cookie policy is ensured to comply with the following legal requirements:

Articles 12, 13 and 14 of the General Data Protection Regulation (GDPR) 2016/679 of the European Parliament and of the Council.
French Data Protection Act no. 78-17 of January 6, 1978, on information technology, data files, and freedoms, as amended by Act no. 2018-493 of June 20, 2018, relating to personal data protection for personal data processing matters.
Act no. 2004-575 of June 21, 2004 on confidence in the digital economy: for the removal of contentious content.
Directive 2002/58/CE amended in 2009

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Article 2. The different cookies

A cookie is a small file consisting of letters and numbers that is downloaded to your computer when you access certain websites.

Generally speaking, cookies are used to recognize the user’s computer.

The most important thing to remember about cookies is that they are intended to improve the relevance and user-friendliness of this website, by memorizing user preferences and language settings. Most cookies are used to provide users with an optimal experience, to identify them once they have registered as a user, to monitor and analyze the performance, operation and efficiency of the website and to guarantee the security of our platform and the safety of its use.

The website uses cookies and similar technologies for:

For security or fraud protection purposes
Identify and prevent cyber-attacks
Provide the service chosen by the user
To monitor and analyze the performance, operation and effectiveness of the services provided
To improve the user experience.

The tracer can be different, depending on its purpose. There are:

HTTP tracker
‘Flash’ tracker
Unique terminal fingerprinting (calculation of a unique terminal identifier based on elements of its configuration for tracking purposes),
Invisible pixel or web bug
Serial number, MAC address, unique terminal identifier (UID), or any set of data used to calculate a unique terminal fingerprint

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Article 3. Obtaining consent

No cookies without user consent.

The concept of consent, as defined by the European Data Protection Regulation, encompasses any free, specific, informed and unambiguous expression of will by which the data subject accepts, by means of a declaration or clear positive act, that personal data concerning him or her may be processed. Data collected by tracer may only be used for a single purpose, otherwise separate consent is required.

Prerequisites for registration

To be valid, the user must make a clear, positive act of depositing a tracer.

In this case, on the website (www.phenomename.com), the user must:

Read the cookie banner at the bottom of the page, as soon as they enter the website.
Click on ‘Accept’ after reading the cookie policy, only if you wish to accept the deposit of non-essential cookies on your device.
Click on ‘Refuse’ after reading the cookie policy, if you wish to refuse the deposit of non-essential cookies on your device.

Should the user continue browsing without having first clicked on one of the aforementioned buttons, her or his silence will be interpreted as a refusal: No tracers not essential to the operation of the service may then be deposited on her ou his device.

This process is in application with Article 82 of the French Data Protection Act and the requirements laid down by the GDPR regarding consent.

Free and informed choice

The user acknowledges that she or he has read the cookie policy in order to make a free and informed choice regarding the deposit of non-essential cookies, and that she or he has not been forced to accept or refuse them.

Policy accessibility

This cookie policy is available on the website (www.phenomename.com), and at the bottom of each page. A link to the cookie policy is also provided on the consent banner.

True copy

Each user is entitled to request a faithful copy, on a durable medium, of the present cookie policy. To do so, please send an email to the following address: contact@phenomename.com

Change of mind

Simple consent to the cookie policy and to the collection of cookies does not bind the user irrevocably.

Users may change their mind by deactivating cookies in their computer settings or by sending an email to the following address: contact@phenomename.com

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Article 4. Tracers not subject to consent

Consent to the use of cookies is not required by law:

Whose acceptance has been expressed by users on the deposit of other tracers;
Intended for authentication to a service, including those designed to ensure the security of the authentication mechanism, for example by limiting robotic or unexpected access attempts;
Intended to store the contents of a shopping cart on a merchant website or to invoice the user for the product(s) and/or service(s) purchased;
Customization of the user interface (e.g. choice of language or service presentation), when such customization is an intrinsic and expected feature of the service;
For load balancing of equipment providing a communication service;
Allowing paying websites to limit free access to a sample of content requested by users (predefined quantity and/or over a limited period);
Provided they meet certain conditions.

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Article 5. Tracers subject to consent

All tracers that are not covered by Article 4 of this cookie policy are therefore tracers that may be refused by the user.

This applies in particular to:

Cookies used for personalized advertising;
Social network cookies, including those generated by their sharing buttons.

To refuse the deposit of non-essential cookies on your device, click on ‘Refuse’ on the cookie banner after reading the cookie policy.

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Article 6. Proof of consent

The website undertakes to cooperate with the competent authorities in order to provide a copy of the data collected via tracers, and proof of consent through the website software.

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Article 7. Litigation and recourse

Every user has rights in the face of the use of tracers on their devices, imposed by the GDPR:

Article 77 – Right to lodge a complaint with a supervisory authority
Article 78 – Right to an effective judicial remedy against a supervisory authority
Article 79 – Right to an effective legal remedy against a data controller or processor
Article 80 – Representation of data subjects
Article 81 – Suspension of action
Article 82 – Right to compensation and liability
Article 83 – General conditions for imposing administrative fines
Article 84 – Penalties

To find out more about cookies, including how to see which cookies have been set and understand how to manage, delete or block them, users can visit: https://www.aboutcookies.org/ or https://www.allaboutcookies.org/fr/.

In accordance with Article 55 of the General Personal Data Regulation, if you feel that the company has violated your rights regarding the processing of personal data, you can write a complaint to the CNIL as soon as possible, ideally no later than 72 hours after becoming aware of it. Notification of the violation must:

Describe the nature of the personal data breach including, if possible, the categories and approximate number of persons affected by the breach and the categories and approximate number of personal data records affected;
Identify the name and contact details of the Data Protection Officer or other point of contact from whom further information can be obtained;
Describe the likely consequences of the personal data breach;
Describe the measures taken or proposed to be taken by the data controller to remedy the personal data breach, including, where appropriate, measures to mitigate any negative consequences.

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Date of last update: December 2nd, 2024

Model issued by SAS Legal Peach (https://www.legalpeach.fr/)