Privacy policy

Committed to protecting the privacy of Internet users, NETCARBON ensures that the collection and processing of personal information from VISITORS, PROSPECTS, and CUSTOMERS (hereinafter collectively referred to asthe “USER”) of the NETCARBON platform (hereinafter the“PLATFORM”) https://,netcarbon.app, and/or the website www.netcarbon.fr (hereinafter the“SITE”) is carried out in accordance with Regulation (EU) No. 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter the “GDPR”) and all provisions of applicable French regulations in this area.

"Personal data" means any information relating to an identified or identifiable natural person (hereinafter referred to as the "DATA").

The Privacy Policy applies to the USER's DATA in the following capacities:

• VISITOR, meaning the individual browsing the SITE under the terms set forth in the Terms of Use for Visitors (CGU-V) at NETCARBON who has not subscribed to a service at NETCARBON, filled out the contact form, or signed up for the newsletter;
• PROSPECT, meaning the individual who subscribed to the newsletter via the SITE and/or who filled out the contact form and/or who submitted a request to subscribe to the services at NETCARBON via the SITE;
• CUSTOMER, meaning the individual who has access to their customer account at NETCARBON on the PLATFORM after subscribing to a service at NETCARBON.

NETCARBON protects the USER’s privacy on the PLATFORM and/or the SITE by ensuring the protection, confidentiality, integrity, availability, and security of the DATA entrusted to it across all of its communication channels. NETCARBON undertakes to take all necessary measures to:

• Provide clear and transparent information on how DATA is processed;
• Implement all necessary technical and organizational measures to protect DATA from disclosure, loss, alteration, or access by an unauthorized third party;
• Retain DATA only for as long as necessary for the specified processing purposes;
• To provide the USER with the ability at any time to access and/or modify their DATA upon request via email sent to [email protected] and, for the CUSTOMER, through their personal account accessible via the PLATFORM.

This Privacy and Data Protection Policy may be modified or updated at any time by NETCARBON. The USER agrees to review it regularly.

Article 1 – Data Controller

NETCARBON is the data controller within the meaning of the GDPR. NETCARBON refers to the simplified joint-stock company (S.A.S.) registered with the Bordeaux Trade and Companies Register under number 909 287 278, with its principal place of business located at 2 place de la Bourse, 33000 Bordeaux.

Article 2 – Categories of Personal Data Collected

DATA is collected, processed, and/or stored, as applicable, based on the performance of the contract (provision of services and management of the CUSTOMER’s account), compliance with legal obligations (billing), the legitimate interests of NETCARBON (security, statistics, marketing to professionals), or the USER’s consent (newsletter, non-essential cookies), in connection with:

• Browsing the SITE, which uses cookies/tokens;
• Browsing the PLATFORM, which uses cookies/tokens;
• Subscribing to the newsletter at NETCARBON via the WEBSITE;
• Filling out the contact form on the WEBSITE;
• Filling out the application to subscribe to NETCARBON services via the SITE;
• Creating and managing a personal CUSTOMER account on the PLATFORM;
• The provision of the NETCARBON services subscribed to by the CLIENT;
• Compiling statistics on traffic to the PLATFORM and the SITE;
• Compiling statistics on interactions via the WEBSITE and the PLATFORM.

In general, NETCARBON, its partners, and/or its subcontractors may collect, store, and/or process the following DATA regarding the USER:

• Identification information;
• Login information;
• Billing and fraud prevention data;
• Business data.

Article 3 – Retention of Personal Data

DATA is stored by NETCARBON on its servers for the purpose of processing it in connection with browsing the SITE, using the PLATFORM, and providing the services at NETCARBON. It is retained for as long as necessary to implement the features of the PLATFORM and the SITE. Consequently, as long as a USER has a personal CUSTOMER account on the SITE and/or the PLATFORM, and/or a newsletter subscription, the collected DATA is retained. If a USER unsubscribes from the SITE, the PLATFORM, and/or the newsletter, the collected DATA is deleted by NETCARBON within the timeframes specified in Article 4 (Purposes of Personal Data Processing). This DATA is subsequently retained solely for archival purposes to establish proof of a right or a contract, in accordance with the provisions of the Commercial Code regarding the retention period for books and documents created in the course of commercial activities and the Consumer Code regarding the retention of contracts concluded electronically.

The USER retains ownership of the DATA concerning him or her that he or she submits to NETCARBON. The USER has the right to access, correct, and delete all or part of his or her DATA, as well as the right to object to the disclosure of his or her DATA to third parties for legitimate reasons.

The USER may exercise his or her rights by writing to the following email address: [email protected] and/or by mail addressed to NETCARBON —2 place de la Bourse, 33000 Bordeaux. A response to the USER’s request will be sent within one (1) month of receipt of the request. This period may be extended by two (2) months depending on the complexity or number of requests, in which case the USER will be notified.

Article 4 – Purposes of Personal Data Processing

NETCARBON may disclose the DATA to any third party responsible for the performance, processing, and/or management of the services at NETCARBON. However, in certain circumstances—including, but not limited to, the following— NETCARBON may disclose or share a USER’s DATA with other third parties:

• With the USER's consent;
• To comply with the law, applicable regulations, any legal proceedings, court orders, or any other instance of mandatory disclosure;
• To protect the rights, property, and security of the SITE, the PLATFORM, and their USERS.

DATA is thus retained for a period that complies with legal provisions and is proportionate to the purposes for which it was collected. This period varies depending on the type of DATA collected and processed.

NETCARBON uses the DATA referred to in Article 2 (Categories of Personal Data Collected) for the following purposes:

Cookies or similar technologies (tokens) may be installed and/or read in the USER's browser while the USER is using the SITE and/or the PLATFORM: see the cookie policy.

Article 5 – Recipients of Personal Data

NETCARBON does not share USER DATA with third parties, except in specific circumstances when it is disclosed to the following parties:

• To employees of NETCARBON ’s internal departments involved in data processing: In accordance with regulations, access to DATA is granted on the basis of individual, limited, and regulated access authorizations;
• To providers of data tracking and analytics services for the CLIENT that are synchronized with the PLATFORM;
• To the subcontractors which provide services, in particular, on behalf of NETCARBON :
  • banking transactions: STRIPE;
  • securing online payments and combating fraud: STRIPE;
  • management of non-automated email: Gmail;
  • the provision of analytics solutions or audience measurement statistics: GOOGLE ANALYTICS, META;
  • performing maintenance and technical and IT development tasks: GOOGLE CLOUD PLATFORM;
  • data storage for customer management: HUBSPOT;
  • Website hosting: Cloudflare; Platform hosting: Google Cloud Platform, MongoDB.

Article 6 – Transfer of Personal Data Outside the EU

NETCARBON stores USER DATA within the European Union. However, if it needs to transfer the DATA to processors or business partners outside the EU, NETCARBON ensures that the processing is governed by the European Commission’s standard contractual clauses, which guarantee an adequate level of protection for individuals’ privacy and fundamental rights.

Article 7 – Security of Personal Data

As the data controller, NETCARBON takes all necessary measures to safeguard the security and confidentiality of the DATA and, in particular, to prevent it from being damaged or accessed by unauthorized third parties. To this end, NETCARBON makes every effort to ensure the physical security of the buildings housing its IT systems, as well as the security of its IT system, notably by implementing encryption measures. NETCARBON does not disclose the DATA to third parties, unless it is necessary to fulfill the service contracted by the CUSTOMER, particularly with regard to any technical subcontractors of NETCARBON. Furthermore, NETCARBON ensures that its subcontractors comply with DATA protection regulations. NETCARBON does not use the USER’s DATA for commercial purposes with third parties.

Article 8 – Access, Correction, Objection, and Deletion

8.1 In accordance with the legal and regulatory provisions of the GDPR, the USER has the following rights:

• the right to ask questions;
• the right to access and correct their DATA;
• the right to erasure. In the event of a request to delete the DATA, NETCARBON may nevertheless retain it in an interim archive for as long as necessary to fulfill its legal, accounting, and tax obligations;
• the right to restrict the processing of their DATA. This right applies only if: the USER disputes the accuracy of their DATA during the period required to verify its accuracy; the USER considers that NETCARBON is processing their DATA unlawfully and requests a restriction on its use rather than erasure; NETCARBON no longer needs the USER’s DATA for the purposes set forth in Article 4, but the DATA is still necessary for the establishment, exercise, or defense of the USER’s legal rights; or in the event that the USER exercises their right to object, during the period in which it is being determined whether the legitimate interests pursued by NETCARBON outweigh those of the USER;
• the right to data portability to a certain extent, that is, the right to receive the DATA they have provided to NETCARBON in a structured, commonly used format, and the right to transmit that DATA to another data controller;
• the right to object to the processing of DATA concerning him or her;
• the right to object to the use of their DATA for marketing purposes, particularly commercial ones. In this regard, the PROSPECT may unsubscribe from any newsletter they receive, as each newsletter contains an unsubscribe link that they can click to be removed from NETCARBON  ’s mailing lists;
• the right to object to marketing profiling, meaning that the USER would continue to receive commercial communications, but these would be less relevant and would no longer be tailored to their interests;
• and the right to establish general and/or specific guidelines regarding the handling of their DATA and how the USER wishes their rights to be exercised after their death. In this regard, in the event of a death that is brought to the attention of NETCARBON, the USER’s DATA will be deleted, unless retention is necessary for a specified period due to NETCARBON ’s legal and regulatory obligations and/or statutory limitation periods, and after, where applicable, having been disclosed to a third party designated by the USER.

8.2 The USER may, at any time, file a complaint with the competent supervisory authority (in France, the CNIL: www.cnil.fr). For any questions regarding this policy or for any requests concerning their DATA, the USER may contact NETCARBON by sending their request by mail to the following postal address: NETCARBON – 2 place de la Bourse, 33000 Bordeaux, or by email to the following address: [email protected].

For requests sent to NETCARBON by mail via certified letter with return receipt requested, the USER is asked to provide the email address associated with their CUSTOMER account, as well as their first and last names. In the event that the USER is unable to locate the email address associated with their CUSTOMER account, or in the event of serious doubts regarding the USER’s identity, additional information regarding their identity may be requested.

NETCARBON will provide a response within one (1) month of receiving the request. This period may be extended by two (2) months depending on the complexity or number of requests, in which case the USER will be notified.