Privacy policy
Updated on April 22, 2020
Article 1 – Scope
This privacy policy (hereinafter the “Policy“) applies to any person (hereinafter the “User“) who :
– navigate on the website ecoaching.mouratoglou.com (hereinafter the “Website“) published by Mouratoglou Digital Coaching, a limited liability company with sole shareholder, whose head office is located at 3550 route des Dolines, 06410 Biot, registered in the Antibes Trade and Companies Register under the number 829 921 311 (hereinafter “MDC“).
– downloads tennis videos on the Website edited by MDC ;
– contact MDC by any means.
MDC, as data controller, is committed to protecting the privacy of Users in accordance with the applicable legal requirements and in particular Regulation n°2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and to the free circulation of such data (hereinafter referred to as the “General Data Protection Regulation” or “GDPR“) and Law n°78-17 of 6 January relating to information technology, to files and freedoms (known as the “Data Protection Act“), (together the “Applicable Regulations“).
The purpose of the Policy is to inform Users as well as possible about the way in which MDC processes and protects the personal data it collects in the context of making the Website available to Users.
Article 2 – Minors
Users must be over 18 years of age to validly submit and upload videos to the Website.
Article 3 – Data collected by MDC
3.1 The data that the Users communicate to MDC
MDC processes the data communicated to it by the User:
– via the form on the Website;
– by downloading tennis videos from the Website;
– by contacting MDC by any means.
In this context, MDC shall collect and process the following categories of personal data of the User:
– The identity of the User: first name, surname;
– The User’s contact details: email address ;
– Data relating to the device enabling access to and use of the Website: technical information concerning the characteristics and operating data of the User’s device, the operator, the operating system, the IP address ;
– The image of the User: the videos captured and/or uploaded on the Website;
– Any other information directly and voluntarily provided by the User to MDC, including the content of e-mails or messages sent to any MDC contact point.
The information that the User must obligatorily fill in when filling in the form is indicated by means of an asterisk. Without this data, it is impossible for MDC to process the request or provide the requested service.
3.2 Data collected through cookies and other tracers
3.2.1 What are cookies?
The Website is likely to use cookies according to the preferences you will have issued when you connect to the Website for the first time or at any time thereafter.
Cookies are small files that are stored on any communication device used by the User (telephone, tablets) when browsing the Website. These files allow the exchange of status information between the Website and the User’s terminal. This data is likely to reveal the type of terminal used, the date and time of the visit, the IP address and the activities carried out on the Website. This data allows MDC to remember the User during his successive uses of the Website and to record his browsing path:
– in order to retain all the settings and parameters allowing you to access the Website in an appropriate manner (screen resolution, language of the Website, etc.);
– in order to improve security and navigation on the Website;
– for audience measurement, analysis and statistical purposes;
– in order to send and display targeted advertisements.
3.2.2 What types of cookies are used on the Website?
MDC uses the following categories of cookies on the Website:
– Cookies strictly necessary
These cookies are essential in order to enable you to browse the Website and use its functionalities. These cookies memorise the choices you make, such as, for example, the country from which you are visiting the Website. They can thus be used to offer you an experience more suited to your choices and to make your visits more pleasant and personalised (language of the Website in particular and display of Website pages adapted to your device).
For this type of cookies, your consent is not required.
– Audience measurement cookie
The Site also uses Google Analytics to track site performance and allow MDC to optimize your online experience. These cookies collect information about how Users are using the Site in order to collect information such as the frequency of Users’ visits to the Site, the pages they consult and the other sites they have visited before coming to the Site. The information we obtain through Google Analytics is used for the sole purpose of improving the Site and the Services offered. If you do not want Google Analytics to track your activities across all websites, please visit the following site http://tools.google.com/dlpage/gaoptout.
– Targeted advertising cookies
The Site uses Targeted Advertising Cookies from third-party platforms such as Facebook to ensure that the advertisements displayed are relevant according to your preferences and interests. Advertising is therefore more suited to your profile. These cookies help improve advertising campaigns by collecting information such as the number of repetitions or interactions with advertising. It is thus possible to limit the duration of display or the number of times advertisements are displayed.
3.2.3 How do I set up the cookie store?
The prior consent of the User is required before any reading or deposit of cookies not strictly necessary for the operation of the Website, namely on this Website to cookies for audience measurement and targeted advertising.
In accordance with the guidelines and the recommendation of the CNIL in this matter, MDC collects the User’s consent by means of a platform accessible, at the time of his first connection to the Website and at any time thanks to a blue button entitled “Confidentiality” appearing at the bottom right-hand corner of all the pages of the Website.
This platform allows the user to :
– accept directly the deposit of all types of cookies; or
– directly refuse the deposit of any type of cookie for which consent is required; or
– to choose in a granular manner the purposes of cookies for which the User wishes to give or refuse consent; and/or
– to choose precisely each of MDC’s partners who will be able to use the cookies with the purposes for which they wish to use them.
Article 4 – Use of Users’ data
As data controller, MDC collects Users’ personal data in a lawful and fair manner and in respect of their rights.
4.1. Processing to improve artificial intelligence models
As indicated on the Website, MDC needs the data of Users to train and improve the artificial intelligence models that make up its e-coaching application and thus be able to make available to all the e-coaching application of tomorrow.
Indeed, the e-coaching application that we have created is based on Machine Learning technology, which is a form of artificial intelligence. Machine Learning is regularly defined as a process by which an algorithm evaluates and improves its performance without the intervention of a programmer by repeating its execution on sets of data until obtaining relevant results on a regular basis. In a very concrete way, we need to verify by means of various tennis videos (with gestures executed in very different ways) whether the application we have created is indeed capable of detecting on the videos that will be loaded by the future users of the application the right technical gesture by means of the algorithms we have developed.
In short, the tennis gestures can be so different from one User to another depending on size, corpulence, technique and other factors (shooting angle, video quality, etc.) that our algorithm needs a diversity of videos to be trained and thus detect on each of the videos that will be uploaded to the application whether the technical gesture performed by the User is satisfactory.
Thus, MDC collects and processes the videos filmed by the User and uploaded on the Website to train and improve the artificial intelligence models composing its e-coaching application. This training phase of the models is essential in the framework of the provision of a future quality service to the Users via the proposed e-coaching application.
The use of the User’s videos for model training purposes is necessary in order to develop, test and improve the functionality of the e-coaching application and the service that will thus be provided to the User. The processing implemented in this context is therefore carried out to meet the interests of both the Users and MDC and may thus be based on the legitimate interest of MDC.
You may object to this use of videos about you by contacting MDC directly at the address listed in Section 6 of this Policy.
4.2 Processing for the purpose of sending the reward
The information collected by MDC via the form, i.e. first name, last name and email address, is used to send the User the reward promised on the Website and to thank him/her for his/her contribution to MDC’s e-coaching application through the sharing of his/her tennis videos.
4.3 Processing for Direct Marketing Purposes
MDC is also likely to use the User’s personal data in order to send him/her direct marking messages, in particular to send information related to the launch of the e-coaching application, its functionalities, new services, the organisation of promotional events and marketing activities of any kind.
The User may explicitly and freely consent or not to the collection and processing of his personal data for marketing purposes by means of a check box made available to him when sharing videos on the Website.
The User is able to object at any time to the receipt direct marketing messages either by clicking on the unsubscribe link present in all messages sent, or by contacting MDC directly at the address appearing in Article 6 of this Policy.
Article 5 – Legal basis for processing
The treatments implemented are for some:
– Necessary for the execution of the contract binding the User to MDC or for the execution of pre-contractual measures: in particular, this includes processing whose purpose is to respond to requests for information via the “Leave us a message!” functionality or in a general way during any contact;
– Based on MDC’s legitimate interest: this concerns in particular the processing whose purpose is the use of the User’s videos for training purposes and the improvement of the artificial intelligence models making up the e-coaching application; the management of the Website and its operational functions, including logistical functions, in particular through the deposit of cookies; the resolution of any technical problem; the production of statistics. Indeed, this processing contributes to the improvement of its services by MDC and thus benefits both the User and MDC without infringing the interests, fundamental rights and freedoms of the Users. More information on the balance of interests is available by contacting MDC via the address in Article 6 of this Policy;
– Based on consent: it is further specified that for direct marketing operations and the deposit and reading of cookies, the User’s consent is specifically collected when required by the Applicable Regulations and that the User has at all times the right to oppose the receipt of direct marketing or may withdraw his consent to the deposit of cookies.
Article 6 – Users’ rights over their personal data
In accordance with the Applicable Regulations, the User has the following rights to his personal data:
– Right to information: you have the right to obtain clear, transparent, understandable and easily accessible information about how we use your personal data and about your rights. That is why we provide you with the information in this Policy.
– Right of access: you have the right to access and obtain a copy of the personal data we have on you (provided that the request is not manifestly unfounded or excessive, in particular because of its repetitive nature). If you wish to access the data we hold about you, please contact us at the contact details below.
– Right of rectification: you have the right to demand that your personal data be rectified if they are inaccurate or out of date and/or that they be completed if they are incomplete (provided that the request is not manifestly unfounded or excessive, in particular because of its repetitive nature). If you wish to modify your personal data, please contact us at the contact details below.
– Right of erasure: in certain cases, you have the right to obtain the deletion or suppression of your personal data. This is not an absolute right, as we may be obliged to retain your personal data for legal or legitimate reasons. If you would like us to delete your data, please contact us at the contact details below.
– Right to Restriction of Processing: This right means that the processing of your data by us is limited, so that we may retain the data, but we may not use or process it. This right applies in special circumstances, namely:
> In cases where the accuracy of personal data is contested by the data subject (i.e. you). The processing is then restricted for a period of time which allows MDC to verify the accuracy of the personal data;
> In cases where the processing is unlawful and the data subject (i.e. you) objects to the deletion of personal data and instead demands the restriction of their use;
> In cases where MDC no longer needs the personal data for the purpose of processing but the data are still necessary for the data subject for the establishment, exercise or defence of legal claims;
> In cases where the data subject (i.e. you) objected to the processing based on the legitimate interests pursued by MDC during the verification of whether the legitimate grounds pursued by MDC prevail over those of the data subject or not.
If you wish to obtain the limitation of the treatment, please contact us at the contact details below.
– Right to object to the processing of the User’s personal data when the processing is based on MDC’s legitimate interest (to determine what processing is involved, we refer to article 5 of this Privacy Policy): you may at any time object to the processing of your personal data for reasons relating to your particular situation, unless MDC can show legitimate and compelling reasons for the processing of such data that prevail over your interests, rights and freedoms, or when such data is necessary for the establishment, exercise or defence of a legal right. If you wish to exercise your right of opposition or to obtain more information on how to exercise this right, please contact us at the contact details below.
– Right to object to direct marketing processing: you may, at any time, unsubscribe or oppose the receipt of direct marketing messages from MDC and more generally from the entities of the Mouratoglou group. All you have to do is simply click on the link at the bottom of the page of the communications you receive from MDC or send a message to the contact details below.
– Right to data portability: you have the right to receive the personal data about you that you have provided to us and that we hold about you, in a structured, commonly used, machine-readable format. This applies only to data that you have provided directly or indirectly and only when the processing is based on your consent or the performance of a contract and is carried out using automated processes. We invite you to see the list of legal bases for our processing of personal data (see Article 5 of this Policy) to find out whether our processing is based on a contract or on consent. To exercise your right to data portability or to obtain further information, please contact us at the contact details below.
– The right to send us special instructions regarding the fate of your personal data after your death.
– Right to lodge a complaint with a supervisory authority: you have the right to seize and lodge a complaint with the data protection authority of your country (https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm) to challenge MDC’s personal data protection and privacy practices. However, we invite you to contact us at the contact details below before making any complaint to the competent data protection authority.
To exercise all of these rights, you may send a request to the following address: rgpd@mouratoglou.com
Article 7 – Updating of personal data
The User undertakes:
– The personal data concerning him/her are accurate, complete and unambiguous;
– To ensure, as far as necessary, that personal data concerning him/her are updated.
Article 8 – Communication of Users’ personal data
MDC undertakes to keep all personal data collected and to share it only under certain circumstances and in accordance with the provisions of the Applicable Regulations.
– The communication of Users’ personal data to MDC employees:
Some of the Users’ personal data is accessible to MDC employees and Mouratoglou Group companies if these persons need to have access to it for the mentioned purposes. MDC’s internal departments that may have access to Users’ personal data are in particular the IT department, the technical support department and the marketing/commercial department.
As indicated in Article 4.3, depending on the choices made by the User, the data may be shared with entities of the Mouratoglou Group and partners for direct marketing purposes.
– The communication of Users’ personal data to third party service providers:
In particular, MDC may grant access to Users’ personal data to third party service providers, acting as subcontractors, to perform services related to the e-coaching application and in particular services related to the development of the e-coaching application, the development and improvement of the artificial intelligence models composing the e-coaching application or the maintenance and support of the e-coaching application. They may also be transmitted to service providers for hosting, storage, analysis, communication, database management,… These service providers act only on MDC’s instructions and will only have access to Users’ personal data in order to perform these services and will be bound by the same security and confidentiality obligations as MDC.
– The communication of Users’ personal data to third parties:
Finally, the User’s personal data may be shared with third parties for the following reasons:
> In the context of a merger, acquisition or sale of all or part of MDC’s assets, of which the User acknowledges having been informed;
> In response to judicial or administrative proceedings of any kind or to law enforcement measures requested by the competent authorities;
> To comply with legal obligations, to protect an individual’s rights and/or safety, to protect MDC’s rights and property, including the need to ensure compliance with this Policy, and to prevent fraud, security or technical problems.
Article 9 – Retention of Users’ personal data
The personal data collected by MDC is stored on the servers of a service provider located in the European Economic Area.
MDC requires this service provider to take, in accordance with the Applicable Regulations, all organisational and technical measures to ensure an adequate level of protection of Users’ personal data.
MDC retains personal data for a different period of time depending on the situation:
– The data relating to the videos recorded and/or downloaded for the training of the artificial intelligence models will be kept for twenty-three (23) months from the downloading of the video on the Website.
– Personal contact data collected for direct marketing purposes is kept for a period of three (3) years from the last contact with MDC.
Article 10 – Security and protection of Users’ personal data
The security of personal data is one of MDC’s priorities. MDC undertakes to take all reasonable organisational and technical measures to prevent any disclosure, use, alteration, accidental loss or destruction of a User’s personal data.
Article 11 – Contacting MDC
In general, if the User has any questions and/or comments regarding this Policy or regarding the use that MDC makes of his or her data, he or she may contact the MDC Data Protection Delegate at the following address: rgpd@mouratoglou.com.