English version translated from the original French version Date of update of our privacy policy: February 8, 2021
1. Responsible for processing
The data collected is processed by the company PENGYOU & CO, a simplified joint stock company with a capital of 2028.9 € registered under the number 843 671 819 in the RCS of Auxerre, whose head office is located at 9 place du Maréchal Leclerc, 89000 Auxerre, France and represented by its President, Mr. Daniel Cheaib.
As the publisher of the FEELS application, PENGYOU & CO. is very sensitive to the protection of your personal data and to the respect of your privacy. The purpose of this privacy policy document (as well as our Cookies Charter and our General Terms and Conditions of Use and any other document referred to therein) is to inform you of how we treat the personal data that you provide to us and that we collect in the context of your use of the Application and Services.
We invite you to read this document carefully to understand our practices regarding the processing of your personal data and to know your rights in this regard. This privacy policy document applies to all Services published by PENGYOU & CO. that you use (excluding services provided and operated by third parties, in which case the privacy policy of such third parties applies and not these provisions).
2. Information We Collect
When you use our Services, we may collect and process only the data that is necessary for the operation of the Application and the provision of the Services. This is data that you transmit to us directly or data that we collect automatically with your consent.
2.1 Data you send us directly
By using our Services, you are required to transmit data to us, some of which is of a nature to identify you. When you communicate this data, you accept that some of this data may be visible to other Members of the Application and thus be made public on the Application. To enable you to identify them easily, this information is indicated below as "Public".
FEELS cannot be held liable for this data that is disclosed and made public by a Member on FEELS. On the other hand, other information is not visible to other Members and is therefore not accessible by them. All of the information that you transmit to us contains the following data: Registration data: this is the data necessary for registration to access the Services if you use the Facebook connection option. This data is retrieved by the FEELS Application, from Facebook to minimize formalism, via Facebook Connect. By clicking on the "Facebook Connect" button, you accept that Facebook may share this data with us. This data is related to your identity, i.e. :
Your picture (public): At a minimum, the public Facebook profile picture. You then have the possibility to modify your photos and/or add other photos to your Account from your smartphone;
Your surname (public);
Your name (private).
This information is mandatory. If you do not provide this information, FEELS will not be able to provide you with the Services offered by the Application and you will not be able to create an account. You may provide additional information in order to complete your Profile. This information is optional and communicated with your prior consent and under your sole responsibility. You may complete your Profile directly from the Application. This information is as follows:
Your email address (private);
Your list of friends (private);
Your city (public);
Your gender (private);
Your date of birth (private): only the age deducted from the date of birth is visible to other FEELS Members (public).
You then have the option to change or remove this data from your account. Your professional (public) activity such as your profession, your employer or your studies. You then have the possibility to change or remove this data from your account.
Data relating to interactions with the FEELS Application: We may ask you to provide or you may be required to provide us with data when, for example, you contact customer service and support, or when you report a problem with our services, or when you request assistance, or when you exercise your rights to your personal data, or when you participate in promotions, games and contests, surveys, provide your experience with our services, testimonials, and respond to our questionnaires.
2.2 Data We Collect Automatically
When you use our services and features, we collect information about your activity on the Application:
Activity Data: When you access the Services and use the Application and its features, data may be collected and processed to analyze how you use the Application and its features. This includes, but is not limited to, date of registration, last login, type and number of interactions with other Members, with your third party accounts connected to your Account.
Location Data: We never ask you for geolocation permission during registration. On the other hand, the main interest and purpose of the Application is to enable you to meet other Members who are located within a certain mile radius from you, so as to facilitate virtual and/or real meetings. You may freely enter your location in order to allow FEELS to identify your proximity to other Members who share a similar location or who are geographically close. This data allows FEELS to present you with Member profiles that match your search criteria. This data is at the level of a city, a region or a country and never identifies your exact location. You can change your location at any time and free of charge. In this case, your News Feed will be updated to take into account your new location.
Data relating to the use of the messaging service: messages are sent and stored on the servers of the Application and this exclusively to provide the Service for the transmission of exchanges between Members who have a Discussion. Messages are strictly private and only engage interested Members. The authorized FEELS managers do not exercise any right of supervision over these conversations, except upon judicial request and/or in accordance with the applicable legislative or regulatory provisions. Furthermore, strictly private Messages will not be accessible to other Members not concerned by the exchange, nor to any third party.
Data relating to search preferences: the Application also allows you to set the search for Members based on age and gender. You may modify these parameters and enter in the Application the age range and, after having previously consented to the collection and processing of this data by FEELS, the gender of the persons sought in order to be linked exclusively to the profiles that meet your criteria. You will then only see on your News Feed those Members who initially share your search preferences.
Device and Equipment Data: We collect information from and about the devices and equipment you use to access our Services such as server logs which may include information such as IP addresses, application version, mobile model, mobile ID, language used, operating system, application crashes, advertising IDs. FEELS is not able to access the browsing history of its Members. Data may be collected using cookies.
3. How the data collected is used
The data collected by FEELS is necessary for the provision of the Services and the operation of the Application which are offered to Members under the service contract that binds us (Terms of Use). Your data is thus processed for the following purposes:
Creation and management of your Member Account (including management of access to the Services and customer service and support);
location based on your city in order to provide you with the Profiles of Members who are nearby (within your search radius);
Management and storage of messages exchanged between Members;
Sending information messages relating to the Services or your interactions with other Members (notifications);
Sending of FEELS newsletters as well as marketing or advertising messages or content by FEELS only (your data will never be shared with third parties for marketing or advertising purposes).
The data collected is also necessary for FEELS' legitimate interests (improvement and optimization of the services as well as a better knowledge of its Members and the way our Services are used) and allows FEELS to carry out studies, surveys and marketing analyses in relation to the use of the Application and the Services by the Members.
When the processing is based on the consent of Members to the processing of their data, they may withdraw it at any time; the withdrawal of their consent does not call into question the processing carried out prior to such withdrawal.
FEELS may process Members' personal data in response to a legal request (search warrant, court order or other) or to comply with legal, regulatory, judicial or administrative obligations. FEELS may also process your personal data to detect or prevent fraudulent activities or security breaches of the Services, in accordance with the law, or to analyze reports from Members who have acted in violation of the Terms of Use.
4. How your data is shared
Only a limited number of customer service and support employees and authorized FEELS managers process Members' personal data for the purposes described above.
These employees and authorized persons in charge have access only to the data that is necessary for the performance of their duties. FEELS may also contract with authenticated and reliable service providers and partners who may access and/or process certain personal data of the Members, in accordance with the Privacy Policy and who guarantee the security and confidentiality of the personal data of the Members.
These service providers and partners help us to operate and improve our Services, in particular with respect to data hosting, studies, analyses and statistics, the use of the Application and/or the proper functioning of the Application and provide the necessary assistance to its Members in order to send relevant offers, messages and content to FEELS Members. The personal data of a Member identified as "public" in Article 2 above that appears on his or her profile is visible to other Members who see his or her profile and who meet compatible search criteria.
Finally, FEELS is likely to transmit certain data at the request of state agencies and to comply with any legal or judicial requests. We may be required to transmit your data in the context of corporate transactions such as, but not limited to, restructuring, change of control, merger, acquisition, transfer, or dissolution.
5. Mention of the Member's rights
In accordance with the French law n° 78-17 of January 6, 1978, known as the "Loi Informatique et Libertés" and the RGPD, each Member has the right to access and rectify his or her personal data. In case of rectification, he benefits from a right of portability and deletion on his personal data, as well as the right to oppose to the processing or its limitation and the right to define guidelines on the fate of his personal data after his death. FEELS undertakes to respect the protection of personal data and to process such requests as quickly as possible. The Member may exercise his or her rights, subject to proving his or her identity, by directly accessing the functionalities in the application, by sending a letter or an email to contact@feels-app.com.
Any other complaint, the Member may make a request to the competent national supervisory authority for data protection.
The right of access authorizes the Member to question the FEELS teams in order to obtain communication of the data concerning him or her in a form accessible on the basis of article 39 of the French Data Protection Act and article 15 of the RGPD.
The right of rectification gives the Member the right to demand that FEELS rectify, complete, update or delete personal data concerning him/her that is inaccurate, incomplete, ambiguous, out of date or whose use, communication or retention is prohibited on the basis of article 40 of the French Data Protection Act and article 16 of the RGPD. You may modify or rectify your data directly from the Application. Simply go to your Profile and directly modify the sections "Improve my Profile", "My main occupation" and "My current city". To change your first name, last name, age or gender, if you are logged in via Facebook, go to your Facebook page and update the "About - General Information and Contact Information" section of your profile, your data will be updated on the Application following a new connection. Alternatively, you may apply by sending us an email at contact@feels-app.com.
The right to portability gives the Member the right to receive the personal data that he/she has provided to FEELS, in a structured, commonly used and machine-readable format, and to transmit them to another data controller, based on Article 20 of the RGPD.
The right of opposition gives the Member the right to object, free of charge and in a discretionary manner, to the use of his/her data by FEELS for canvassing purposes, in particular for commercial purposes and to treatments based on the legitimate interest of FEELS, on the basis of article 38 of the Data Protection Act and article 21 of the RGPD.
The right of deletion gives the Member the right to demand the deletion, free of charge, in a discretionary manner, of the data communicated to FEELS, within the limits of the rights based on article 17 of the RGPD. You can delete your account directly from the application using the "Delete my account" feature accessible from the "Settings" menu in your profile. It is also possible to do so by sending a request to this e-mail: contact@feels-app.com. The Member has the right to define his or her guidelines regarding the storage, deletion and communication of his or her personal data after his or her death in accordance with Article 40-1 of the French Data Protection Act. These rights may only be exercised within the limits of the FEELS Application's means in the context of the use of Facebook Connect. Some of the data has been communicated to FEELS via Facebook Connect and therefore cannot be rectified without the cooperation of Facebook. The Member may also rectify most of the data concerning him/her on the Application itself or from Facebook.
6. Foundations for Data Use
As a company based in Europe, we have the right to use your personal data only under certain conditions. These conditions are called "legal bases"; at feels we mainly use one of the following four:
Contract: One of the reasons why we may use data is simply the fact that without it we would not be able to provide our services, as described in our General Terms of Use.
Legitimate Interest: Another reason is known as "legitimate interest". For example, we need to use your data to provide and improve our services, protect your information, answer a support question, or help you find a match. An important point about the concept of legitimate interest is that it does not override your right to privacy. We rely on a legitimate interest only when we believe that the way we use your data does not affect your privacy and makes sense to you, or if there is an obvious reason to do so.
Consent: In some cases, we may ask for your consent before using your data. In these cases, we will ensure that you have the opportunity to withdraw your consent, either directly in the application or through permissions related to the use of your phone. Even if we do not rely on your consent to use your data, we may ask for your permission to access your data.
Legal obligation: We may need to use your information to comply with the law, such as in response to a valid court order, or when we need to take steps to protect our users.
7. Conservation of data
FEELS keeps the Member's data for as long as it is necessary to use the Member's Account, i.e. for:
the duration of the Member's registration increased by one year;
a period of two years when your account has been suspended in accordance with Article 13.4 of the T&Cs;
the legal duration of 13 months for cookies (see article on the Charter on Cookies).
It should be recalled that FEELS, in accordance with its status as host, is under a legal obligation to keep certain personal data of Members for a period of one year on the basis of Article 6, II of the Law for Confidence in the Digital Economy of June 21, 2004. FEELS undertakes to make its best efforts and use all means in its possession to guarantee the optimal security of the data kept.
FEELS is committed to make every effort to ensure the security of the data stored. However, it is the responsibility of the Member to take appropriate measures to protect his or her data. In the event that a Member lies about his or her date of birth and more particularly in the event of fraudulent attestation of his or her majority during registration on the Application, the parents of the minor child are invited to notify FEELS by sending an email to the address indicated in Article 9, in order to request the deletion of the data. FEELS undertakes to delete all personal data concerning the minor child as soon as possible.
8. Data transfer outside the EU
During registration, the Member expressly consents that his or her data may be transmitted to FEELS subcontractors located outside the European Union, for the purposes of conducting statistical studies, providing support to Members and, where applicable, hosting the data processed by the Application.
FEELS guarantees that these transfers are carried out under conditions that ensure the confidentiality and security of the data and an adequate level of protection in compliance with the regulations in force (in particular the standard contractual clauses of the European Commission).
9. Cookie policy
FEELS uses cookies and other technologies in order to facilitate Members' access to our service, to study the use made by users of the application and more generally to improve the services offered. This article does not deal with the way in which we process your personal data. To inform you about the purposes of the processing of your personal data, please read the T&Cs/
9.1 What is a cookie?
A cookie is a small file placed on the Member's terminal. These cookies are likely to record personal information about you. FEELS takes all necessary measures to guarantee the protection, security and confidentiality of this data.
9.2 Which cookies ?
Cookies strictly necessary for the operation of the service are recorded. Cookies for audience measurement and analytics on the use of our services are recorded. These cookies make it possible to understand where our users come from and to produce anonymous statistics of frequentation.
The data collected are collected for a maximum duration of 13 months in accordance with the recommendations of the CNIL. In accordance with the law N°78-17 "informatique et liberté" of January 6, 1978 each Member has a right of access, correction and opposition as for the treatment of its personal data.
This right is exerted by sending a mail to : PENGYOU & CO. at 9 place du Maréchal Leclerc - 89000 Auxerre or by mail to the following address: contact@feels-app.com
9.3 How to oppose registration?
You can oppose the deposit and use of cookies by sending a request to this e-mail: contact@feels-app.com.
9.4 More information about cookies
If you would like more information on cookies, you can consult the CNIL website: http://www.cnil.fr/vos-droits/vos-traces/les-cookies/.
10. Contact
If you have any questions about this privacy policy or if you have any requests regarding your personal data, you can contact us by sending an e-mail to contact@feels-app.com or by mail to the following postal address: PENGYOU & CO. at 9 place du Maréchal Leclerc - 89000 Auxerre, France