Provisions regarding the protection of personal data, use of cookies, and tracking technology

1.1. For the purposes of these provisions, the term “personal data” (“personal data” or “data”) refers to all information that relates to an identified or identifiable natural person (“customer,” “user,” or “data subject”).

1.2 b-sharpe, Pont-Rouge, Esplanade 2, 1212 Grand-Lancy (UID: CHE-113.223.739) is responsible for how customers’ personal data is collected, used, and protected. b-sharpe has appointed Mr. Julien Dubost as Data Protection Officer.

By using b-sharpe’s Site, platforms, and services, the customer or user consents to b-sharpe using the information provided to b-sharpe in its activities and in accordance with these provisions. The Customer confirms that the information provided to b-sharpe is accurate and complete.

• Personal identification information (including, for example, full name, date of birth, age, nationality, gender, signature, bills, photographs, telephone number, postal address, and email address);
  Business and income data;
  
• Financial data (including, for example, account/contract number, other account information);
  
• Data on transactions and the financial background of transactions and contractual relationships;
• Data necessary for effective marketing (including, for example, preferences for the use of services offered);
  
• Data collected when accessing content on the Site/platform (including, for example, date and time of access, IP address, cookies, etc.);
  
• Data allowing identification of the customer, the control person and/or the financial beneficiary in accordance with the document “Fight against money laundering.”

5.2 Subject to prior explicit or implicit consent of the parties concerned, b-sharpe has the right to record telephone conversations for security reasons or as evidence.

5.3 b-sharpe may also receive information from banks and financial institutions used by its customers to transfer money while using its services or on behalf of its business partners (including, for example, partners specialized in criminal background checks, identity verification or political exposure, credit bureaus, etc.).

5.4 b-sharpe also collects certain personal data from publicly available sources (including, for example, debt collection registers, land registers, business registers, press, Internet, etc.).

• Where it is necessary to process data in the performance of a contract to which the data subject is a party, or in the performance of pre-contractual action undertaken at the data subject’s request;
• Where it is necessary to process data in order to comply with a legal obligation to which b-sharpe is subject;
• Where it is necessary to process data in the pursuit of legitimate interests by b-sharpe or a third party, unless the interests or fundamental rights and freedoms of the data subject prevails;
• Where the data subject has consented to processing his or her personal information for one or more specific purposes.

7.1 Potential customers and interested persons can subscribe to the newsletter on the Site by providing the personal information requested in the online form. Customers and users will be required to confirm the validity of their email address by clicking on a confirmation link that will be sent to the email address provided (double opt-in confirmation). Customer information is captured only after the email address has been confirmed.

7.2 b-sharpe customers are automatically subscribed to the newsletter. They are also subscribed to communications regarding services. The purpose of these communications is to notify customers of:

• Temporary or permanent changes or interruptions in, or new features or updates to, b-sharpe’s services, applications or software;
• And changes to b-sharpe’s Terms and Conditions or other terms of use.

7.3 b-sharpe collects, via its e-mail distribution service, information concerning persons subscribed to the newsletter, including IP address, date, and time of subscription. The data collected will only be used to send newsletters. The newsletters contain codes allowing b-sharpe to track statistics, including open rate and click rate.

7.4 Depending on information needs, b-sharpe may transmit newsletters on the basis of geographical distribution, which is deduced from the IP address.

7.5 Customers and users may unsubscribe from newsletters at any time either by clicking the unsubscribe link contained in the newsletters or directly on the Site. b-sharpe customers may not unsubscribe from communications concerning services, or communications concerning the establishment and execution of b-sharpe’s contractual or legal obligations.

8.1 Customers who have registered with b-sharpe but have not finalized their registration will receive reminder emails from b-sharpe. These emails are automatically sent based on timestamp information and open status. This reminder is sent via the email distribution service.

• A cookie is a small text file often containing a unique session ID sent by the webserver to the user’s web browser that can be sent back to the server each time the browser asks the server to open a web page. Cookies allow a site to recognize the user’s device. Some cookies are strictly necessary for b-sharpe’s platforms’ proper functioning and to ensure full use of b-sharpe’s services. b-sharpe uses cookies created and implemented by its IT department as well as third-party cookies created by service providers. The cookies used and the purposes for which they are used are listed in the table below.

• A plug-in is software that adds a specific functionality or type of content to a website or mobile application. On its platforms, b-sharpe uses the social media plug-ins listed in the table below to allow access to profile pages on third-party social media platforms. By clicking on a social media plug-in, the user acknowledges that he or she is leaving the b-sharpe platform to access a third-party social media platform that may collect, use, and/or share his or her data according to the privacy policy of the relevant third-party social media platform.

• A tracking pixel is a piece of code used to collect and communicate information to online advertisers about using b-sharpe platforms, such as pages visited or interaction with those pages. Tracking pixels allow the user’s browser to automatically establish a connection with an online advertiser’s server. The latter is thus informed of the user’s access to one of b-sharpe’s platforms. This ensures that advertising campaigns are relevant to users’ interests. If the user is identified by an online advertiser using tracking pixels, the online advertiser may correlate the visit to one of b-sharpe’s platforms with the visit to a third-party site. b-sharpe has no control over the extent to which online advertisers use the data collected through tracking pixels. For more information on this subject, consult the privacy notices accessible via the links indicated in the table below.

9.4 b-sharpe does not collect any data by means of cookies, pixels, plug-ins or other tracking technology, unless the user has explicitly agreed to such tracking via the consent manager displayed when first accessing b-sharpe’s platforms. Privacy settings can be changed at any time either via the cookie button on websites or via personal settings in mobile applications. Cookies strictly necessary for proper functioning of b-sharpe’s platforms do not require user consent (see GDPR Art. 6.1. (f )) because this processing is necessary to preserve legitimate interests.