Mimbi: Privacy Policy

Within the meaning of the Data Protection Legislation, the Client Data maycontain Personal Data.Accordingly, the provision of the Services may require mimbi processing. Personal Data on behalf of the Client. In this respect, ongoing compliance with the conditions set out in the Data Protection Legislation is a priority for mimbi.

This Privacy Policy sets out the terms, requirements and conditions onwhich mimbi will process any Personal Data contained within the ClientData when providing its Services under the Agreement. It is subject tothe provisions of mimbi's General Terms and Conditions and forms anintegral part of the Agreement between mimbi and the Client.

Interpretations and defined terms set forth in the Agreement apply to the interpretation of this Privacy Policy.

1. ROLE OF THE PARTIES AND PROCESSING PURPOSES

Mimbi and the Client agree and acknowledge that for the purposes of the PRIVACY POLICY and in connection with the provision by MIMBI of the Services:
a) The Client is a Data Controller and mimbi is a Data Processor.
b) The Client retains control of the Personal Data and remains responsible for its compliance obligations under this Privacy Policy, including but not limited to, providing any required notices and obtaining any required consents, and for the written processing instructions it gives to mimbi.
c) This Privacy Policy sets out the details of the processing operations, in particular the categories of Personal Data and the purposes of processing for which the Personal Data may be processed on behalf of the Client.

2. COLLECTION OF PERSONAL DATA

During the Platform account opening process, either for a Free Trial or for the provision of the Services, the Client is requested to provide to mimbi some personal information. The provision of the information submitted by theClient will enable mimbi to store information on the relevant Client Account,provide the Services and contact the Client regarding the Services, including the provision of any Support Services.

3. DETAILS OF PROCESSING ACTIVITIES

Categories of data subjects whose personal data is processed: TheClient and any Authorized User of the Platform.Category of Personal Data processed:

Client Account Data such as the user's company, name, surname, e-mail or postal address, telephone number. company, professional email.

Transaction data such as the Subscription Fees and credit cardnumbers.

Technical data such as IP address, browser type and version,operating system used.

Data relating to chat and telephone calls such comments, requests,questions and information sent/formulated to our customer service.

Connection data such as functions used, pages visited, configurationsselected. Mimbi may also collect Personal Data from third parties, for instances wherethe Client has authorized mimbi to access its social networks accounts viaSSO login.Categories of sensitive data processed: The parties do not anticipate thetransfer of sensitive data.Purpose(s) for which the personal data is processed on behalf of thecontroller: Provision by mimbi of the Services in accordance with the termsand conditions of the Agreement and the Client’s instructions.Duration of the Processing: Duration of the Agreement between mimbi and the Client, unless otherwise agreed in writing.

4. MIMBI’S OBLIGATIONS

Instructions: mimbi will process Personal Data only on documentedinstructions from the Client, unless required to do so by French law. In thiscase, mimbi will inform the Client of that legal requirement before processing,unless the law prohibits this on important grounds of public interest.Subsequent instructions may also be given by the Client throughout theduration of the processing of Personal Data. These instructions will always bedocumented. mimbi will promptly notify the Client if, in mimbi's opinion,instructions given by the Client infringe the applicable provisions of thePRIVACY POLICY.Purpose, limitations and duration: mimbi will process the Personal Dataonly for the specific purpose(s) of the processing, and for the duration specifiedbelow.Security of processing: mimbi will implement appropriate technical andorganisational measures against accidental, unauthorised or unlawfulprocessing of the Personal Data, and against accidental or unlawful loss,destruction, alteration, disclosure or damage of Personal Data in order toensure a level of security appropriate to the risk involved.
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Sensitive data: THE CLIENT ACKNOWLEDGES AND AGREES THAT INACCORDANCE WITH THE TERMS OF THIS PRIVACY POLICY, THESERVICES HAVE NOT BEEN DESIGNED TO PROCESS OR MANAGESENSITIVE INFORMATION AND ACCORDINGLY, THE CLIENT AGREESNOT TO USE THE SUBSCRIPTION SERVICES TO COLLECT, MANAGE ORPROCESS SENSITIVE DATA. MIMBI WILL NOT BE LIABLE FOR ANYDAMAGES, WHETHER DIRECT OR INDIRECT, THAT MAY RESULT FROMTHE CLIENT’S USE OF THE SUBSCRIPTION SERVICES TO COLLECT,PROCESS OR MANAGE SENSITIVE DATA.

5. CLIENT’S OBLIGATIONS

The Client shall comply with its obligations as a Data Controller pursuant to the Data Protection Legislation as well as the Agreement, and in particular it will:

Mimbi Privacy Policy
a) Ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to mimbi and/or lawful collection of the Personal Data by mimbi on behalf of the Client for the duration and purposes of the Agreement;
b) Ensure that data the level of security provided by mimbi for the Services adequately meets its obligations under applicable Data Protection Laws;
c) Document in writing any instructions relating to the Processing of Personal Data to be performed by mimbi pursuant to the provision of the Services;
d) Provide mimbi with the Personal Data required for the Processing, excluding any inaccurate, irrelevant, disproportionate or unnecessary Personal Data; and
e) Inform Data Subjects of the Processing and their rights in a form that is concise, transparent, intelligible and easily accessible.

6. DOCUMENTATION AND COMPLIANCE

At the Client’s reasonable request, as well as at the Client’s costs, mimbi willpermit and contribute to audits of the processing activities covered by theAgreement, once a year or earlier if the Client can demonstrate that there areserious indications of non-compliance.

7. ASSISTANCE TO THE CLIENT (CONTROLLER)

Mimbi will promptly notify the Client of any request it has received from a DataSubject. It will not respond to the request itself, unless authorized to do so bythe Client. When requested, mimbi will assist the Client, at the Client’s cost, inresponding to any request from a Data Subject and in ensuring compliance withits obligations under the Data Protection Legislation with respect to security,breach notifications, impact assessments and consultations with supervisoryauthorities or regulators.

8. NOTIFICATION OF PERSONAL DATA BREACH

Mimbi will, as soon as reasonably practicable, notify the Client in writing at theaddress provided by the Client in its Client Account, if it becomes aware of 1)the loss, unintended destruction or damage of part or all of the Personal Datacontained within the Client Data; or 2) any unlawful processing of the PersonalData contained within the Client Data; or 3) any Personal Data Breach relatedto the Client Data.Where mimbi becomes aware of either one of the above, it will, as soon asreasonably possible, provide the Client with any useful documentation thatwould allow the Client, if necessary, to inform the relevant data protectionauthority of the breach.Mimbi agrees that the Client will determine whether to provide notice of theaccidental, unauthorised or unlawful processing and/or the Personal DataBreach to any Data Subjects, the relevant Data Protection Authority, other in-scope regulators, law enforcement agencies or others, as required by law orregulation or in the Client’s discretion, including the contents and deliverymethod of the notice.

9. SUB-PROCESSORS

In the course of the Agreement, mimbi may engage Sub-Processors to ProcessPersonal Data on the client’s behalf, for the purpose of supporting the Platformfeatures and integrations, and providing the Client with the SubscriptionServices and/or the Support Services. Mimbi has currently appointed, as Sub-Processors, the third parties listed as“Connectors” here. These Sub-Processors willapply to the Client when subscribing to the Collect and Share SubscriptionServices.Throughout the Subscription Term, the Client may opt-in to receivingnotifications by email if mimbi adds or replaces any Sub-Processorsdirectly on its Client Account. In such event, mimbi will notify the Clientprior to any such change.

10. TERM & TERMINATION

This PRIVACY POLICY will remain in full force and effect so long as theAgreement remains in effect (“Term”).If a change in any Data Protection Legislation prevents either Party from fulfillingall or part of its obligations under the Agreement, the Parties may agree tosuspend the processing of the Personal Data until that processing complies withthe new requirements. If the Parties are unable to bring the Personal Dataprocessing into compliance with the Data Protection Legislation within thirty (30)days, either Party may terminate the Agreement on not less than thirty (30)working days on written notice to the other Party.Mimbi will be entitled to terminate the Agreement insofar as it concernsprocessing of Personal Data contained within the Client Data under thisPRIVACY POLICY where, after having informed the Client that its instructionsinfringe applicable legal requirements, the Client insists on compliance with theinstructions.Following termination of the Agreement, mimbi will, at the choice of the Client,delete all Personal Data processed on behalf of the Client and certify to theClient that it has done so, or return all the Personal Data to the Client.Any provision of this PRIVACY POLICY that expressly or by implication shouldcome into or continue in force on or after termination of the Agreement in orderto protect the Personal Data will remain in full force and effect.
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THE CLIENT WILL BE RESPONSIBLE FOR RETRIEVING ITS CLIENT DATA PRIOR TO THE END OF ITS SUBSCRIPTION TERM BY FOLLOWING THE INSTRUCTIONS ON ITS CLIENT ACCOUNT.