Fives PROSIM DATA PROTECTION POLICY

Article 1: Preamble

FIVES PROSIM takes its responsibilities with regard to the management of the requirements of the GENERAL DATA PROTECTION REGULATION (GDPR) very seriously. This policy sets out how the company manages those responsibilities.
FIVES PROSIM undertakes to implement adequate measures to ensure the protection, confidentiality and security of the PERSONAL DATA of any person from whom data is collected, in accordance with the legal requirements, in particular the European Regulation 2016 / 679 on the GDPR and the national laws applicable in the European Union.

The purpose of this DATA PROTECTION REGULATION is to inform you about the commitments made by FIVES PROSIM in order to ensure the respect of your PERSONAL DATA.

Article 2: Scope

This DATA PROTECTION REGULATION applies to all PERSONAL DATA processed by FIVES PROSIM, as the DATA CONTROLLER and by its SUBCONTRACTORS, within the European Union, related to persons (hereinafter “you”) including customers, potential customers, partners, job applicants, users of our software and services, suppliers and web users.

Article 3: Definitions

“PERSONNAL DATA” means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data or an online identifier.
“PROCESSING DATA” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means.
“Data CONTROLLER”: means the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data.
“SUBCONTRACTOR”: legal entity that processes PERSONAL DATA under the supervision of the CONTROLLER’S REPRESENTATIVE”.

Article 4: Collected data

FIVES PROSIM strives to collect and process PERSONAL DATA that are relevant, adequate, not excessive and strictly necessary to achieve the purposes previously determined. FIVES PROSIM takes all the necessary steps to ensure that your data is accurate, complete and, if necessary, updated.
FIVES PROSIM undertakes to inform about the processing of PERSONAL DATA.
We process the PERSONAL DATA that you are likely to communicate to us, in particular during the following operations:

• When you sign a contract with FIVES PROSIM (software and/or services);
• When you register to one of our training sessions;
• When you browse our website;
• When you download resources (documents, files…) from our website;
• When you provide us with products or services;
• When you attend events organized by FIVES PROSIM;
• When you meet with FIVES PROSIM during a business appointment or professional events;
• When you agree to receive our newsletter or any other sales information from PROSIM;
• When you apply for a job at FIVES PROSIM;
• When you contact us directly or send us an information request from our website.
In this context, FIVES PROSIM can collect and process the following PERSONAL DATA:
• Your identity: first and last name, job title;
• Your contact information: mail address, email, telephone number;
• Your login (when creating an account at FIVES PROSIM): login, MUTS number (Maintenance, Update, Training and Support Services);
• Your payment information: bank information, credit card information, online transaction details;
• Your application information: resume, cover letter, picture;
• Your technical information when browsing our website (refer to article 8 below about the cookies);
• Any other information that you provide to us directly and voluntarily in connection with the use of our website, services and contracts that we are likely to have contracted with you.
The mandatory nature of the information you need to fill out is usually indicated when collecting the data on the corresponding forms with an asterisk.

FIVES PROSIM may ask you to provide various PERSONAL DATA for prospection, communication and marketing purposes. You may explicitly and freely consent or not to the collection and processing of your PERSONAL DATA for these purposes.
You agree that the PERSONAL DATA submitted to PROSIM are up-to-date, accurate, complete and unambiguous.

Article 5: Data collection purposes

FIVES PROSIM undertakes to collect and process your PERSONAL DATA in a fair and lawful manner. The data processing implemented by FIVES PROSIM are for explicit, legitimate and clear purposes.
Your data can be processed for the following purposes:

• To allow you to access our software and/or services (sales proposals);
In this context, the legal basis of the data processing is the execution of a contract between PROSIM and you.
• To manage your subscription or the use of our services;
In this context, the legal basis of the data processing is the execution of the contract between PROSIM and you.
• To process the sales transactions and the payments;
In this context, the legal basis of the data processing is the execution of the contract between PROSIM and you and the transaction and payment steps in particular.
• To manage the contractual relationships with our customers, service providers, suppliers and partners (contract management, orders, deliveries, invoices, etc.);
In this context, the legal basis of the processing is the execution of the contract between PROSIM and you.
• To send you relevant sales information about FIVES PROSIM;
In this context, the data processing is based on the legal interest for FIVES PROSIM, and more specifically its economic interest to communicate about its personalized offers, to better understand your needs and to recommend you relevant services.
• To analyze your web browsing habits and improve your web experience on our website (refer to article 8 below about the cookies);
In this context, the legal basis of the data processing is the legitimate interest for FIVES PROSIM, more specifically its economic interest in continuously improving its websites and services and understanding your needs in order to meet your expectations when browsing on one of FIVES PROSIM website.
• To answer your questions and claims;
In this context, the legal basis of the data processing is either the execution of the sales contract if the request is linked to the sales relationship between PROSIM and you, or the legitimate interest of FIVES PROSIM, more specifically its economic interest to communicate clearly with you and understand your needs and your expectations.
• To follow up with you about your job application sent to us via our website or regular mail.
In this context, the legal basis of the data processing is the legitimate interest of FIVES PROSIM, more specifically its interest in answering your applications and finding profiles adapted to the positions available within FIVES PROSIM.

Article 6: Non-transmission of collected data
FIVES PROSIM undertakes not to transmit your PERSONAL DATA to third parties or partners.

Article 7: Data storage

FIVES PROSIM retains your PERSONAL DATA for legitimate business purposes and as permitted by applicable law. FIVES PROSIM may however retain your PERSONAL DATA for a longer period of time to comply with the legal obligations and in particular the applicable limitation periods.
In order to define a suitable data retention period, FIVES PROSIM uses the following criteria:

• The data related to your subscription/your contract, your payments and the use of our services are kept for the duration of the subscription/contractual relationship then in accordance with the applicable limitation periods;
• The data related to the management of the commercial relationship with our suppliers and partners is kept for the duration of the contractual relationship and then in accordance with the applicable limitation periods;
• When your data are used for sales prospection purposes, FIVES PROSIM retains your PERSONAL DATA until you express your wish to no longer receive communication, or in accordance with the terms of the applicable law;
• When your data are collected as part of queries/questions related to software services and products, FIVES PROSIM retains your PERSONAL DATA until you express your desire to no longer receive communication;
• Job applicants’ files may be kept for up to 2 years from the last contact with the candidates, unless they gave us their consent for a longer period of storage; in this case, the data are archived in accordance with the applicable limitation periods.

Article 8: Cookies

FIVES PROSIM website use cookies to improve your browsing experience and optimize our website and services.
Cookies are small text files that are sent to or accessed from your web browser or your computer’s hard drive. A cookie typically contains the name of the domain (internet location) from which the cookie originated, the “lifetime” of the cookie (i.e., when it expires) and a randomly generated unique number or similar identifier. A cookie also may contain information about your computer, such as user settings, browsing history and activities conducted while using our services. If your web browser is set to accept cookies, they will be stored in the web browser or hard drive until the expiration date is exceeded or until you delete the cookies yourself.

8.1 The various types of cookies that may be used on FIVES PROSIM website

Cookies necessary to browse on a website
These cookies are necessary to understand your visit on the website.
Analytics cookies
These cookies help us understand how our website is being used, the effectiveness of our marketing campaigns, and how we can customize and improve our website for you. These cookies make it possible to know the use and the performances of our website and to improve its functionalities by carrying out analyzes about its traffic behavior.
Important note: these cookies are subject to their own privacy policies and are in no way the responsibility of FIVES PROSIM (Google Analytics, Google Search Console) – Google Analytics, which you can view the policy on cookies by clicking on the following link: https://policies.google.com/technologies/types?hl=en
Share buttons cookies
These social cookies allow users to share pages and content on third-party social networks via social sharing buttons.
Important note: these cookies are subject to their own privacy policies and are in no way the responsibility of PROSIM (Facebook, YouTube, Twitter, LinkedIn and Instagram).
– Facebook, whose cookie policy can be consulted by clicking on the following link: https://www.facebook.com/full_data_use_policy
– Instagram, whose cookie policy can be consulted by clicking on the following link: https://www.facebook.com/help/instagram/155833707900388
– LinkedIn, whose cookie policy can be consulted by clicking on the following link: https://www.linkedin.com/legal/cookie-policy?_l=EN
– Twitter, whose cookie policy can be consulted by clicking on the following link: https://support.twitter.com/articles/20170518#
– YouTube, which you will find help on how to delete cookies from the Google Chrome browser by clicking on the following link: https://support.google.com/youtube/answer/32050?hl=en but also the complete cookie policy from the following link: https://policies.google.com/technologies/cookies?hl=en
– Google+, which you will find the rules of confidentiality by clicking on the following link: https://www.google.com/intl/en/policies/privacy/

8.2 Why do we use cookies?

You will find below the explanations of our use of cookies on our website and the reasons why we use them.
By using FIVES PROSIM website, you consent to the use of cookies stored by this website.
The information collected through cookies does not in any way allow us to identify you by name.
The website uses cookies for the following purposes:

• Usage of the website: to remember your preferences and recognize you when you visit our website;
• Targeting: to allow us to target afterwards or in real time the user who browse on our website;
• Traffic analysis: to run traffic statistics and help us measure and study the effectiveness of our online content, its features, advertising and other communication means.

8.3 Your choice regarding cookies and web beacons

You have the choice to configure your browser to accept all cookies, reject all cookies, inform you when a cookie is issued, its validity and content, and allow you to refuse their storage on your device, and delete your cookies periodically.

8.4 Setting-up your web browser

Various tools are at your disposal to parameter cookies.
Most web browsers are configured by default so that cookies are allowed to be stored. Your browser offers you the opportunity to change these standard settings so that all cookies are rejected systematically or that only part of the cookies is accepted or refused according to their issuer.
WARNING: we draw your attention to the fact that the refusal of the deposit of cookies on your terminal is nevertheless likely to alter your user experience as well as your access to certain services or features of the website. If applicable, FIVES PROSIM declines any responsibility concerning the consequences related to the degradation of your navigation experience that occur because of your choice to refuse, delete or block the cookies necessary to navigate on FIVES PROSIM website. These consequences cannot constitute damage and you cannot claim any compensation for this fact.
Your browser also allows you to delete existing cookies on your device or to notify you when new cookies may be saved on your device. These settings do not affect your navigation but you lose all the benefit of the cookie.
Please find below the many tools available to you so that you can set the cookies on your device.
Each internet browser has its own cookie management settings. To find out how to change your cookie preferences, please find below the links to the help you need to access your browser’s menu provided for this purpose:
Chrome: https://support.google.com/accounts/answer/61416?co=GENIE.Platform%3DDesktop&hl=en

Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
Internet Explorer: https://support.microsoft.com/en-ph/help/17442/windows-internet-explorer-delete-manage-cookies
Opera: https://help.opera.com/en/latest/web-preferences/
Safari: https://support.apple.com/
For more information on how to control cookies, you can consult the CNIL website: https://www.cnil.fr/en/home

Article 9: Security

FIVES PROSIM ensures the security of your PERSONAL DATA by implementing physical, technical and organizational measures designed to protect your information against unauthorized access, theft and loss.

Article 10: Sharing your personal data

FIVES PROSIM may transmit your PERSONAL DATA to its subsidiary. Its subsidiary is located outside the European Union:

ProSim, Inc.
325 Chestnut Street
Suite 800
Philadelphia, PA 19106 – USA

FIVES PROSIM will require that it takes, in accordance with the regulations in force, all the organizational and technical measures to ensure an adequate level of protection of your PERSONAL DATA.

Article 11: Your rights

In accordance with the applicable legislation regarding the protection of PERSONAL DATA, you have a number of rights regarding the collection and processing of your PERSONAL DATA:
• The right to be informed: you have the right to be informed in a concise, transparent, understandable and easily accessible way of how your PERSONAL DATA is processed.
• The right of access: you have the right to obtain (i) confirmation that your PERSONAL DATA are or are not being processed and, when they are, to obtain (ii) access to your PERSONAL DATA and a copy of them.
• The right to rectification: you have the right to update your PERSONAL DATA which are inaccurate. You also have the right to have the incomplete PERSONAL DATA completed, including providing with additional information.
• The right to be forgotten: in some cases, you have the right to delete your PERSONAL DATA. However, this right is not an absolute right, and FIVES PROSIM may have legal or legitimate reasons for retaining your PERSONAL DATA.
• The right to data portability: you have the right to receive the PERSONAL DATA you have provided to FIVES PROSIM in a structured, commonly used and readable format, and you have the right to transmit these data to another DATA CONTROLLER without FIVES PROSIM obstructing it. This right only applies when the processing of your PERSONAL DATA is based on your consent or the performance of a contract and the processing is done using automated processes.
• The right to object: you have the right to object at any time, for personal reasons due to specific circumstances. When your PERSONAL DATA are used for direct marketing, you have the right to stop the processing of these data at any time. You can use this right using the “unsubscribe” link available at the bottom of the messages sent by FIVES PROSIM.
• The right to transmit a complaint to a supervisory authority: you have the right to contact a supervisory authority (such as the CNIL in France) to file a complaint concerning the practices related to the PERSONAL DATA PROTECTION at FIVES PROSIM.
• The right to transmit instructions concerning the use of PERSONAL DATA after your death (this right is applicable in France): you have the right to give FIVES PROSIM specific instructions concerning the use of your PERSONAL DATA after your death.

To exercise these rights, you can send a request by email to fives-prosim.data.protection[at]fivesgroup.com or by mail to the following address:

Fives ProSim SAS,
Data Controller
51, rue Ampère,
Immeuble Stratège A
F-31670 Labège.

Article 12: Data protection policy changes

FIVES PROSIM may update this DATA PROTECTION POLICY at any time to accommodate any new measures and service offerings. In this case, the date of update of the DATA PROTECTION POLICY will be updated and will indicate the day the changes were made. It is your responsibility to check for any updates to this DATA PROTECTION POLICY published on FIVES PROSIM websites.

Article 13: Links to third-party websites

Our website may provide links to third-party websites for your convenience and information. If you access those links, you will leave the FIVES PROSIM website, and we do not control those sites or their privacy practices, which may differ from ours. We do not endorse or make any representations or undertakings about third-party websites. The personal data you choose to give to unrelated third parties is not covered by this DATA PROTECTION POLICY.
Therefore, it is your responsibility to contact and/or directly review the websites of these third parties for additional information regarding their DATA PROTECTION POLICIES. We encourage you to review the privacy policy of any company before submitting your personal data.

Article 14: Contact

FIVES PROSIM has appointed a DATA PROTECTION OFFICER, Isabelle Girard, who can be contacted by mail, telephone or e-mail.
For any information request about this DATA PROTECTION POLICY, you can contact the DATA CONTROLLER by email fives-prosim.data.protection[at]fivesgroup.com, by telephone +33 (0)5 62 88 24 30, or by regular mail at the following address:

Fives ProSim SAS,
Data Protection Officer
51, rue Ampère,
Immeuble Stratège A
F-31670 Labège – FRANCE

Article 15: Changes to this policy

This GENERAL DATA PROTECTION POLICY may be updated at any time, without warning. We advise you to check it back here regularly.

Last update: 16 november 2023.