Last updated on 31 December 2019
Our Commitment to Data Privacy
Protecting the privacy of individuals who provide us with personal information ("Personal Data") is of sincere importance to Locomotive and to the way we do business. You have shown your trust in us by interacting with our Site and Application and we value that trust. To this end, we are committed to respecting data privacy legislation, and in particular the (EU) 2016/679 General Data Protection Regulation of the European Parliament and of the Council of 27 April 2016 on the protection of persons with regard to the processing of personal data (the "Applicable Law").
General provisions
This Privacy Policy (the "Policy") describes how MERCURY SAS ("Locomotive", "we", or "us") collects, uses, stores, shares and protects your information in connection with services offered by Locomotive as a data controller including, but not limited to, services provided at or using the domain locomotive.eu (the "Site") and/or the Locomotive application (the "Application") (collectively, the "Services").
This Privacy Policy applies when you ("you", the "Customer", the "User") access, visit or use any portion of the Services.
For the purposes of this Privacy Policy:
a "Customer" is a person who uses the application on the basis of a subscription contract,
a "Prospect" is a person who browses the Website out of interest for the Services and/or signs up for a demo.
Changes to this Privacy Policy
We may amend this Privacy Policy from time to time to ensure transparency on all processing operations relating to you and your Personal Data in real-time. We may notify you of any substantial changes to this Privacy Policy, before the effective date of the changes, by sending an email or in another conspicuous manner reasonably designed to notify you.
Therefore, we recommend that you read this Policy regularly.
Data Privacy Officer
We appointed a Data Privacy Officer (the "DPO"), whose duties are to ensure that our processing operations comply with this Policy and, more generally, with the Applicable Law.
Our DPO helps every Locomotive team before, during and after any processing operation, deals with requests related to the protection of Personal Data and raises awareness about data privacy among Locomotive's staff members.
Our DPO benefits from organizational measures and resources enabling them to manage the implementation of Locomotive's compliance.
If you have any question or request regarding the processing of your personal data, please contact our DPO to the following addresses:
MERCURY SAS, Data Protection Officer, 10 rue de Penthièvre, 75008 Paris.
How we process your personal Data
We collect and process information relating to you and your use of the Services. The way we handle it differs as set out below:
| Categories of Personal Data Processed | Purpose of the processing | Legitimate Basis | |
|---|---|---|---|
| Customer | Identification Data (Name, surname, company, professional contact details, email address, phone number…). Billing and financial information (payment, refundment…). Any other information you share with us in other contexts such as customer support. | Perform the Services requested under the Subscription Contract (creating, setting up and maintaining your Locomotive Account…) | The performance of the Subscription Contract to which you are party. Compliance with our legal obligations. Your consent if so granted to receive our marketing emails or Locomotive's legitimate interest in sending marketing emails. |
| Assist you with using the Services through our Customer Support. | |||
| Contact you in order to invite you to our webinars, keep you updated with our newest features or any other commercial communication. | |||
| Manage our commercial relationship with you (contracts, invoice…) | |||
| Manage unpaid debts and litigation; respond to any requests from public authorities; combating money laundering or terrorist financing | |||
| Prospect | Name, surname, job position, email address. | Contact you for a demo and send marketing communication. | Your consent if you have expressly consented to Locomotive contacting you (for example by completing the demo request form on our website) or if you have consented to a third party transmitting your data to its business partners of which Locomotive is a part. Locomotive's legitimate interest, in particular in finding new business partners. |
| Browsing the Site and/or the Application | Strictly necessary cookies | To ensure proper functioning of the Services. | Your Consent when you agree to use cookies on the Services. |
| Preference cookies | To store information already entered and personalize and optimize your experience on our Website. | ||
| Statistics cookies | To help us understand how the Services are used and anonymously report this information. | ||
| Marketing Cookies | To track your use of the Services and help us improve your user experience. |
How long will we retain your Personal Data ?
Your Personal Data will be handled in accordance with this Policy as long as it is needed in order to :
perform the Services;
provide you with personalized Services;
comply with the law and namely prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation and take other actions permitted by law.
Therefore, Locomotive shall only retain your personal data for the following periods:
| Categories of personal data | Retention period | Reason for retention period | |
|---|---|---|---|
| Customer | Identification data (name, surname, email address etc…) | 3 years after termination of the contract | To make statistics and more generally for evidentiary purposes |
| Any contractual document entered into by you and Locomotive | 5 years after termination of the contract | Most claims are subject to a 5 years statute of limitation | |
| Billing and financial information (payment, refunds…) | 10 years after termination of the contract | To collect unpaid debts and more generally for evidentiary purposes in accordance with the law. | |
| Prospect | Prospect information (name, surname, contact details, request for a demo…) | 3 years after they were first collected or upon your request to be deleted, whichever is the soonest | To make statistics regarding your use of our Site, to give you access to a demo account and otherwise contact you. |
| Browsing the Site/Application | Cookies | 13 months after they were first installed on your terminal | To allow proposer functioning of the Services. |
When we have no ongoing legitimate business need to process your personal data, we will delete it as soon as it is technically possible.
Do we share your personal data with any third parties?
In connection with the use of the Services, some of your Personal Data may be processed by Third Parties for the purpose of carrying out some of the processing operations listed out above.
Third Party Service Providers
We may disclose your personal data to third-party service providers (the "Subprocessors"). When we do so, we make sure to work only with companies that safeguard and protect your personal data and comply with the Applicable Law in the same way that we do. Therefore, in accordance with Article 28 of the GDPR, access to your Personal Data by our Subprocessors is subject to the signature of a written agreement which allows us to monitor and control the way our Subprocessors handle your personal data.
Operational Services
| Subprocessors | Categories of Data | Why do we use them? |
|---|---|---|
| Heroku | All Data | For hosting and back-up purposes. |
| New Relic | All Data | To track, locate and fix any bugs or errors you may encounter while using the Services. |
| FullStory | All Data | To track, locate and fix any bugs or errors you may encounter while using the Services. |
| Sentry io | All Data | To track, locate and fix any bugs or errors you may encounter while using the Services. |
Improving the Services
| Subprocessors | Categories of Data | Why do we use them? |
|---|---|---|
| G Statistics | All Data | To improve your user experience on the Services, make statistics and measure the activity. |
Sales, business development
| Subprocessors | Categories of Data | Why do we use them? |
|---|---|---|
| HelloSign | Customer identification details (name, surname, email address, etc…) | For contract management purposes. |
Productivity Tools
| Subprocessors | Categories of Data | Why do we use them? |
|---|---|---|
| G Suite | Name, email address and any other personal data you share with us when contacting us via mail. | To manage our emails and daily operations. |
Accounting
| Subprocessors | Categories of Data | Why do we use them? |
|---|---|---|
| Quickbooks | Identification information and any financial or billing information related to invoices and payments. | To make sure payments and invoices are in order and to comply with legal requirements. |
| ChargeBee | Identification information and any financial or billing information related to invoices and payments. | To make sure payments and invoices are in order and to comply with legal requirements. |
| GoCardless | Identification information and any financial or billing information related to invoices and payments. | To make sure payments and invoices are in order and to comply with legal requirements. |
Other Recipients
In addition to our Subprocessors, your Personal Data may be disclosed to independent contractors in order to perform part of the Services.
| Recipients | Categories of Data | Why do we use them? |
|---|---|---|
| Independent contractors | The data strictly necessary for them to perform their duties. | To perform part of the Services. |
Where do we store your Personal Data ?
The Personal Data we process is stored by our hosting provider Heroku on servers located within the European Union.
In order to perform the Services, we may transfer some of your Personal Data to third party service providers located or using servers located outside the European Union (the "EU") and the European Economic Area (the "EEA"). In such a case, we make sure that:
they are located in a country considered having an adequate level of protection by the European Union in terms of personal data or,
if located in the United States:
they are registered in the "Privacy Shield" register and that they comply with its provisions or,
they abide by contractual provisions ensuring an equivalent level of protection of your Personal Data (such as standard contractual clauses established by the European Commission).
How do we protect your Personal Data ?
Here at Locomotive, we care about the security of the Personal Data we process. Therefore, we adopt technical and organizational security measures to guarantee the security of your Personal Data by ensuring a security level adapted to the risks related to the processing and nature of such Personal Data, in particular:
Ultra-secure encryption:
All data and information transmitted to our service via the secure TLS 1.2 protocol is encrypted using RSA-4096 keys, offering you the best guarantee of confidentiality.
Backups
We use replication mechanisms to permanently safeguard your information and guarantee you a service that is always available. Your data is in good hands.
Continuous Monitoring
Alert and verification systems guarantee you highly reliable services.
Your rights
Unless stated otherwise by the Applicable Law or any other legal provision or applicable regulations, you may exercise the following rights:
Right to access: the right to be informed and to request access to your Personal Data;
Right to data portability: the right to request a copy of your Personal Data in a structured and machine-readable format in order to hand it over to a third party ;
Right to rectification: the right to ask us to modify or update inaccurate or incomplete Personal Data;
Right to erasure (right to be forgotten): the right to ask us to permanently delete Personal Data when the data subject considers that we no longer have any reason to do so collect/process;
Right to restriction of processing: the right to ask us to stop temporarily or the processing of all or part of the Personal Data;
Right to object: the right to object at any time, for reasons related to the situation of the data subject, to the processing of Personal Data concerning him/her having as its legal basis the pursuit of a legitimate interest. Unless we demonstrate a legitimate and compelling interest justifying such processing, we will only process plus the Personal Data concerned;
Right to decide the fate of your data after death: the right to impose the fate that you wish to reserve your Personal Data in the event of death;
Right to file a complaint with the supervisory authority or to get compensation from the competent courts.
To exercise your right, please send their request directly to us:
by email at [email protected] ;
or by post to MERCURY SAS, Data Protection Officer, 10 rue de Penthièvre, 75008 Paris.
In accordance with Applicable Regulations, we will ask you to prove your identity.
Contact the competent supervisory authority
We remind you that you have the possibility to file a complaint with the competent supervisory authority. In France, this authority is the Commission National Informatique et Libertés (CNIL), whose website address is: https://www.cnil.fr.